Motions To Withdraw

From time to time, an attorney is required to file a motion to withdraw in order to cease representation of a client. The rules of civil procedure govern the requirements. However, courts often add their own requirements. Here some examples of individual court requirements:

The 133rd District Court of Harris County, Texas requires:

    All motions to withdraw must be set for oral hearing and contain the following:

        *An indication that the motion to withdraw was provided to the client;

        *An indication of whether or not the client consents to the motion;

        *The last known address and phone number of client; and

        *Notice to client that client has the right to appear at the hearing to object to the motion or file a response prior to the submission of the motion.

The 215th District Court of Harris County, Texas requires:

Motions to Withdraw:  In cases in which another attorney is not to be substituted in to replace withdrawing counsel, motions to withdraw must strictly comply with all of the pertinent requirements of Rule 10, TEX. R. CIV. P.  In addition, in any instance where an attorney seeks to withdraw as counsel representing a company, corporation or any entity which cannot, as a matter of law, appear pro se, the motion must state that the company, corporation or other entity has been advised that they must substitute new counsel withing 30 days of the date of withdrawal of prior counsel or the Court will enter judgment against said company or corporation.  This requirement must also be included in the proposed order and the motion and the order signed by the Court must be served on the client.

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