Rule 3.141 - RESIGNATION OF ATTORNEYS(1) Criminal Cases (a) In criminal cases, including appeals from Justice and Municipal Courts, application for withdrawal or discharge of counsel shall be in open court; after notice to opposing counsel and with the defendant present unless the defendant's whereabouts are unknown.(b) A motion to withdraw by defense counsel in a criminal case shall begin with a reference to the trial date or a statement that the case has not been set for trial. If the case is set for trial, the motion must recite whether, how and when defendant was notified of the trial date. Upon filing a motion to withdraw, it shall be the responsibility of the defense counsel to have the matter placed upon the appropriate court docket for the appearance required by this rule and to give notice of the appearance date and time to the defendant and the District Attorney.(2) Civil Cases Withdrawal of Attorney for Non-Person Parties In a motion to withdraw as attorney where the client is a corporation or other similarly situated party, the withdrawing lawyer is required to submit an affidavit indicating that they have notified the client that it is required by law to appear through an attorney and the client cannot proceed self-represented or file documents with the court.
Amended effective 2/1/2024.