More Categories

Rule 2-132 – Striking of Attorneys Appearance

May 13, 2021 | Civil Prodcedure, Maryland

(a) By Notice. An attorney may withdraw an appearance by filing a notice of withdrawal when (1) the client has another attorney of record; or (2) the attorney entered a limited appearance pursuant to Rule 2-131(b), and the particular proceeding or matter for which the appearance was entered has concluded.
(b) By Motion. When an attorney is not permitted to withdraw an appearance by notice under section (a) of this Rule, the attorney wishing to withdraw an appearance shall file a motion to withdraw. Except when the motion is made in open court, the motion shall be accompanied by the client’s written consent to the withdrawal or the moving attorney’s certificate that notice has been mailed to the client at least five days prior to the filing of the motion, informing the client of the attorney’s intention to move for withdrawal and advising the client to have another attorney enter an appearance or to notify the clerk in writing of the client’s intention to proceed in proper person. Unless the motion is granted in open court, the court may not order the appearance stricken before the expiration of the time prescribed by Rule 2-311 for responding. The court may deny the motion if withdrawal of the appearance would cause undue delay, prejudice, or injustice.
(c) Notice to Employ New Attorney. When, pursuant to section (b) of this Rule, the appearance of the moving attorney is stricken and the client has no attorney of record and has not mailed written notification to the clerk of an intention to proceed in proper person, the clerk shall mail a notice to the client’s last known address warning that if new counsel has not entered an appearance within 15 days after service of the notice, the absence of counsel will not be grounds for a continuance. The notice shall also warn the client of the risks of dismissal, judgment by default, and assessment of court costs.
(d) Automatic Termination of Appearance. When no appeal has been taken from a final judgment, the appearance of an attorney is automatically terminated upon the expiration of the appeal period unless the court, on its own initiative or on motion filed prior to the automatic termination, orders otherwise.

Md. R. Civ. P. Cir. Ct. 2-132

This Rule is derived as follows:

Section (a) is new.

Section (b) is in part derived from former Rule 125 a and the last sentence of c 2 and is in part new.

Section (c) is derived from former Rule 125 d.

Section (d) is derived from former Rule 125 e.

Adopted April 6, 1984, eff. July 1, 1984. Amended March 2, 2015, eff. July 1, 2015.

HISTORICAL NOTES

2015 Orders

The March 2, 2015, order amended this Rule to permit an attorney who has entered a limited appearance to file a notice to withdraw under circumstance.