(a) Withdrawal of counsel unnecessary. After entry of a judgment finally determining all issues in the judgment and after the expiration of the time for taking an appeal which lies from such judgment, the attorney shall no longer be considered attorney of record for this purpose. No withdrawal as counsel of record need be filed for this purpose. If any issue is specifically reserved in any judgment for further hearing or future determination (as distinguished from reviews of a judgment where no issue is reserved for future determination and from issues over which the court has continuing jurisdiction to act by law), the attorneys of record for the parties shall continue to be attorneys of record for the service of pleadings relating to those reserved issues, but for no other purpose, until such time as the reserved issues are resolved and until after the expiration of the time for taking an appeal which lies from the judgment resulting from the resolution of such reserved issues, unless the withdrawal is expressly approved and allowed by the court. (b) Court approval of withdrawal necessary. Whenever a party is represented by an attorney at any stage of a proceeding, such attorney may not withdraw as counsel of record without the approval of the court.
(1) WITHDRAWAL AND SUBSTITUTION OF COUNSEL. Such approval may be obtained, without hearing, where there is a withdrawal and substitution of counsel in writing, approved by the party. After a withdrawal and substitution of counsel is approved by the court, the withdrawing attorney shall immediately deliver a copy to the attorney of record for the adverse party, or if the adverse party is not represented by an attorney, shall mail a copy to the adverse party at the adverse party’s last known address. (2) MOTION TO WITHDRAW AS COUNSEL.
(A) Such approval may be obtained after a hearing on a motion to withdraw as counsel, which motion and notice of the date and time of hearing have been served on the client and the adverse party or the adverse party’s attorney, if any, and the attorney seeking to withdraw shall submit proof of service at the hearing. A hearing and notification of opposing counsel or party, however, shall not be required for withdrawal from representations provided under Rule 11.1 of these Rules.(B) Where service of the motion to withdraw as counsel cannot be effected, the motion and notice of the date and time of hearing shall be mailed to the last known address of the client and shall also be served on the adverse party or the adverse party’s attorney, if any, and the attorney seeking to withdraw shall submit proof of service at the hearing. (C) After a withdrawal of counsel is granted and entered, the withdrawing attorney shall immediately mail or deliver a copy of the order permitting withdrawal of counsel to the attorney of record for the adverse party, if any, or shall mail a copy to the adverse party at the adverse party’s last known address if the adverse party is not represented by an attorney and shall also mail a copy to the client at the client’s last known address. This notice requirement, however, shall not apply to withdrawals from representations provided under Rule 11.1 of these Rules.
Haw. Fam. Ct. R. 87
Amended July 1, 1982, effective July 1, 1982; further amended October 11, 1999, effective January 1, 2000; further amended November 20, 2014, effective January 1, 2015; amended August 4, 2020, effective January 1, 2021.
