Fl. R. App. P. 9.440

As amended through November 4, 2024
Rule 9.440 - ATTORNEYS
(a) Foreign Attorneys. An attorney who is an active member in good standing of the bar of another state may be permitted to appear in a proceeding in compliance with Florida Rule of General Practice and Judicial Administration 2.510.
(b) Limiting Appearance. An attorney of record for a party in an appeal or original proceeding governed by these rules will be the attorney of record throughout the same appeal or original proceeding unless at the time of appearance the attorney files a notice specifically limiting the attorney's appearance only to a particular matter or portion of the proceeding in which the attorney appears.
(c) Scope of Representation. If an attorney appears for a particular limited matter or portion of a proceeding, as provided by this rule, that attorney will be deemed "of record" for only that particular matter or portion of the proceeding. If the party designates e-mail address(es) for service on and by that party, the party's e-mail address(es) must also be included. At the conclusion of such matter or that portion of the proceeding, the attorney's role terminates without the necessity of leave of court upon the attorney filing a notice of completion of limited appearance. The notice, of termination of limited appearance must be substantially in the form prescribed by rule 9.900(n) and must include the names and last known addresses of the person(s) represented by the withdrawing attorney.
(d) Withdrawal of Attorneys; Substitution of Attorneys.
(1) If an attorney complies with subdivisions (b) and (c) of this rule, the attorney may withdraw without leave of court.
(2) If an attorney from the same firm, company, or governmental agency has already appeared on behalf of the client or is the proposed substitute counsel, withdrawal and substitution may be completed by filing a notice under the Florida Rules of General Practice and Judicial Administration. A copy of the notice must be served on the client and adverse parties.
(3) All other attorneys must first seek leave of court to withdraw. The attorney must file a motion for that purpose stating the reasons for withdrawal and the client's address. A copy of the motion must be served on the client and adverse parties.

Fl. R. App. P. 9.440

Amended by 2023 WL 2534220, effective 7/1/2023; amended by 2021 WL 5050374, effective 10/28/2021; amended by 305 So.3d 262, effective 1/1/2021.

Committee Notes

1977 Amendment. This rule replaces former rule 2.3 with unnecessary subdivisions deleted. The deletion of former rule 2.3(c) was not intended to authorize the practice of law by research aides or secretaries to any justice or judge or otherwise approve actions inconsistent with the high standards of ethical conduct expected of such persons.

Subdivision (a) permits foreign attorneys to appear on motion filed and granted at any time. See Fla. Bar Integr. Rule By-Laws, art. II, § 2. There is no requirement that the foreign attorney be from a jurisdiction giving a reciprocal right to members of The Florida Bar. This rule leaves disposition of motions to appear to the discretion of the court.

Subdivision (b) is intended to protect the rights of parties and attorneys, and the needs of the judicial system.

This rule does not affect the right of a party to employ additional attorneys who, if members of The Florida Bar, may appear at any time.

2002 Amendment. The amendments to subdivision (a) are intended to make that subdivision consistent with Florida Rule of Judicial Administration 2.061, which was adopted in 2001, and the amendments to subdivision (b) are intended to make that subdivision consistent with Florida Rule of Judicial Administration 2.060(i).