W.Va. Trial. Ct. R. 4.03

As amended through January 31, 2024
Rule 4.03 - Representation of Parties and Pro Se Appearances; Withdrawal
(a) Every party to proceedings before any court, except parties appearing pro se, shall be represented by a person admitted to practice before the Supreme Court of Appeals of West Virginia and in good standing as a member of its bar and may be represented by a visiting attorney as provided in Rule 4.02. A party appearing pro se shall, at his or her first appearance, file with the clerk their complete names and addresses where pleadings, notices, and other papers may be served upon them, and their telephone numbers.
(b) No attorney who has entered an appearance in any civil or criminal action shall withdraw the appearance or have it stricken from the record, except by order. Such approval shall rest in the sound discretion of the court, but shall not be granted until the attorney seeking to withdraw has made reasonable effort to give actual notice to the client:
(1) that the attorney wishes to withdraw;
(2) that the court retains jurisdiction;
(3) that the client has the burden of keeping the court informed where notice, pleadings, or other papers may be served;
(4) that the client has the obligation of preparing for trial or hire other counsel to prepare for trial when the trial date has been set;
(5) that if the client fails or refuses to meet these burdens, the client may suffer possible default;
(6) that the dates of any proceedings, including trial, and the holding of any such proceedings will not be affected by the withdrawal of any counsel;
(7) that service of process may be made upon the client at the client's last known address; and
(8) of the client's right to object immediately to attorney's intent to withdraw.

The attorney seeking to withdraw shall prepare a written notification certificate stating that the above notification requirements have been met, the manner by which such notification was given, and setting forth the client's last known address and telephone number. Before the court permits the withdrawal, the court may set the matter for hearing, at which time the client shall be notified by the withdrawing attorney of the effective date of the withdrawal. If the court permits the withdrawal without a hearing, the client shall be notified by the withdrawing attorney of the effective date of the withdrawal. Following effective withdrawal of the attorney, all pleadings, notices, or other papers may be served on the party directly by mail at the last known address of the party until new counsel enters an appearance.

W.Va. Trial. Ct. R. 4.03