First Adopted: September 03, 2024
Most Recently Effective: July 01, 2025
Rule 55 | Rules of Civil Procedure | Rules Governing Civil Procedure in the Circuit Courts | Pleadings, Motions, and Hearings
55.035 | Appearance and Withdrawal of Counsel
(a) Entry of Appearance of Counsel. An attorney who appears in a
case shall be considered as representing the parties for whom the
attorney appears for all purposes in that case, except as otherwise
provided in a written entry of limited appearance. If an entry of
limited appearance is filed, service shall be made as provided in Rule
43.01(b).
An attorney appears in a case by:
(1) Participating in any proceeding as counsel for any party unless limited by an entry of limited appearance;
(2)
Signing the attorney's name on any pleading, motion, or other filing;
however, if an attorney is identified on a pleading, motion, or other
filing as having only assisted in the preparation of the pleading,
motion, or other filing, the attorney has not entered an appearance in
the matter; or
(3)
Filing a Written Entry of Appearance. A written entry of appearance may
be limited by its terms to a particular proceeding or matter and may be
further limited to a particular time or for a particular purpose within
that proceeding or matter. If so limited, the written entry of
appearance shall be titled "Entry of Limited Appearance" and shall state
the physical and mailing addresses, telephone number, facsimile number,
and electronic mail address, if any, of each person for whom the
attorney is making a limited appearance.
(b) Withdrawal of Counsel. An attorney may withdraw from a case:
(1)
When a matter is completed, upon filing a withdrawal memorandum
demonstrating that there are no pending claims or issues in the matter;
(2)
When a matter is not completed, with leave of court after filing a
motion to withdraw showing compliance with Rule 4-1.16; or
(3)
Upon the filing of a "Termination of Limited Appearance" by an attorney
who had filed an entry of limited appearance. The "Termination of
Limited Appearance" shall demonstrate that the attorney has completed
the duties set out in the entry of limited appearance.
Withdrawal
memoranda, motions to withdraw, and notices of Termination of Limited
Appearance shall include the client's last known address and shall be
served on the client in addition to all others required to be served.
(Adopted September 3, 2024, effective July 1, 2025.)