More Categories

Rule 1012 – Entry of Appearance. Withdrawal of Appearance. Notice

May 14, 2021 | Civil Procedure, Pennsylvania

(a) A party may enter a written appearance which shall state an address at which pleadings and other legal papers may be served in the manner provided by Rule 440(a)(1) and a telephone number. The appearance may also include a telephone facsimile number as provided in Rule 440(d). Such appearance shall not constitute a waiver of the right to raise any defense including questions of jurisdiction or venue. Written notice of entry of an appearance shall be given forthwith to all parties.
(b)

(1) Except as provided in paragraph (2), an attorney may not withdraw his or her appearance without leave of court.
(2) An attorney may withdraw his or her appearance without leave of court if another attorney (i) has previously entered or (ii) is simultaneously entering an appearance on behalf of the party, and the change of attorneys does not delay any stage of the litigation.
(c) Leave of court to withdraw an appearance shall be sought by petition pursuant to subdivision (d) or subdivision (e) as may be applicable.
(d)

(1) If the whereabouts of the party on whose behalf the appearance was entered are known, the attorney shall

(i) set forth the address of that party in the petition,
(ii) serve notice of the petition on the party in the manner provided by Rule 440,
(iii) file a certificate of service of the notice with the petition, and
(iv) immediately notify the party by ordinary mail of the entry of an order granting leave to withdraw. The notice shall include a copy of the order.
(2) Other parties may use the address of the party set forth in the petition for the purpose of further proceedings in the action
(e)

(1) If the whereabouts of the party on whose behalf the appearance was entered are unknown, the attorney shall

(i) set forth the last known address of that party in the petition,,
(ii) serve notice of the petition on the party by mail to the last known address set forth in the petition,
(iii) file a certificate of service of the notice with the petition. The certificate shall set forth with particularity the efforts made to locate the party and to effect service of the notice, and
(iv) shall immediately notify the party by ordinary mail to the last known address or by such other means as the court may direct of the entry of an order granting leave to withdraw. The notice shall include a copy of the order.
(2) Other parties may use the last known address of the party for the purpose of further proceedings in the action.
(f)

(1) The entry of appearance under subdivision (a) shall be substantially in the following form:

Caption

Praecipe for Entry of Appearance

To the Prothonotary:

Enter my appearance on behalf of

____________

(Plaintiff/Defendant/Additional Defendant)

Papers may be served at the address set forth below.

____________

Attorney for Party Named Above and Identification Numbe

____________

Firm

____________

Address

____________

City, State, Zip Code

____________

Telephone Number

____________

Fax Number for Service of Papers (Optional)

Date:

____

____________

Signature

(2) A praecipe for withdrawal of appearance without leave of court pursuant to subdivision (b)(2)(i) shall be substantially in the following form:

Praecipe for Withdrawal of Appearance

Without Leave of Court

(Rule 1012(b)(2)(i))

To the Prothonotary:

Withdraw my appearance on behalf of

____________

(Plaintiff/Defendant/Additional Defendant)

_____

has entered his/her appearance for the aforementioned party.

I hereby certify that this change is not intended to, nor will it, delay this proceeding to the best of my knowledge, information and belief.

Date:

_____

____________

Signature

(3) The substitution of counsel under subdivision (b)(2)(ii) shall be substantially in the following form:

Caption

Substitution of Counsel Without Leave of Court

(Rule 1012(b)(2)(ii))

Praecipe for Entry of Appearane

To the Prothonotary:

Enter my appearance on behalf of

____________

(Plaintiff/Defendant/Additional Defendant)

I hereby certify that this change is not intended to, nor will it, delay this proceeding to the best of my knowledge, information and belief.

Papers may be served at the address set forth below.

_____________

Attorney for Party Named Above and Identification Number

_____________

Firm

_____________

Address

_____________

City, State, Zip Code

_____________

Telephone Number

_____________

Fax Number for Service of Papers (Optional)

Date:

_____

____________

Signature

Praecipe for Withdrawal of Appearance

To the Prothonotary:

Withdraw my appearance on behalf of

____________

(Plaintiff/Defendant/Additional Defendant)

231 Pa. Code ยง 1012