1. The party or attorney filing the new
appearance must serve, in accordance with Sec. 10-12 through 10-17 of the
Practice Book, a copy of the appearance on any attorney or party whose
appearance is to be replaced.
2. Any objection to the new appearance must be filed within ten days of the
filing of the in-lieu-of appearance.
3. If no such objection is filed, the original appearance is deemed to have
been withdrawn.
B. When an in-addition-to appearance is filed (P.B.
Sec. 3-9 (b)):
1. The attorney may file an application for
withdrawal, stating that an in-addition-to appearance has been filed and
that the party is, at the time of the application, being represented by
other counsel.
2. The clerk of the court may grant the application if the in-addition-to
appearance has been filed.
Note: For information with reference to the duration of
appearances postjudgment in family matters (legal separation, dissolution, or
annulment, please see
P.B. Sec. 3-9 (c).
II. Motion to Withdraw
Appearance in Civil and Family Matters (P.B.
Sec. 3-10)
A motion to withdraw appearance must include
the following:
1. A statement of the reason for the
withdrawal
2. A listing of the last-known address of any party as to whom the attorney
seeks to withdraw his/her appearance; and
3. A statement as to whether the case has been assigned for pretrial or
trial, and if it has, the date assigned.
A notice must
be attached to the motion to withdraw. This notice
must advise the party as follows:
1. that the attorney is filing a motion
seeking the court’s permission to no longer represent a party in the case;
2. the date and time the motion will be heard;
3. that the party may appear in court on the stated date to address the
court on the motion;
Note: You must obtain the date and time for the
hearing on the motion from the clerk before you serve the motion and notice on
the party.
4. that, if the motion to withdraw is
granted, the party should either obtain another attorney or file an
appearance with the court on his/her own behalf;
5. that failing to obtain an attorney or file an appearance on his/her own
behalf will result in the party’s not receiving notice of court proceedings
in the case, and a nonsuit or default judgment may be rendered against such
party; and
6. that the case has or has not been assigned for pretrial or trial, and
that date, if assigned.
Note: Although it is not required, it may be helpful
to provide a duplicate copy of your motion along with the attachment.
No motion to withdraw appearance will be
granted unless the judicial authority is satisfied that reasonable notice of
the motion has been given to other attorneys of record and that the party
represented by the attorney has been served with the motion and the notice
or that the attorney has made reasonable efforts to serve the party.
Note: If the motion to withdraw is granted, the
appearance shall be deemed to have been withdrawn. No separate withdrawal of
appearance is required.
Civil
Procedures
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