More Categories

Rule 44.2 – Appearance and Withdrawal of Attorneys

May 14, 2021 | Criminal Procedure, Vermont

(a)Appearance: In General. An attorney’s signature to an indictment, information or notice of appeal shall constitute an appearance. Otherwise, an attorney who wishes to participate in any action must appear in open court, or file a notice of writing with the clerk, which shall be served pursuant to Rule 49. Appearances entered in open court shall be noted on the record by the presiding judge. Any written appearance shall be signed by an attorney in his or her individual name and shall state the attorney’s office address. An appearance by an attorney may, if the attorney so states, constitute an appearance by that attorney’s law firm or office.

If an attorney is replaced by another attorney, the name of the new attorney shall be substituted on the docket for that of the former attorney. Until the notice of the change of an attorney, all notice given to or by the attorney first docketed shall be considered in all respects as notice to or from the client except in cases in which by law the notice is required to be given to the defendant personally. Nothing in these rules shall be construed to prevent a defendant from appearing for himself or herself, in which case the defendant shall be subject to the same rules that are or may be provided for attorneys in like cases, so far as the same are applicable.

(b) Attorneys not Admitted in Vermont.

Any member in good standing of the bar of any other state or of the District of Columbia who has filed a pro hac vice licensing statement form with the Court Administrator and who has paid the required fee, in accordance with Administrative Order No. 41, § 16, may in the discretion of the court, on motion by a member of the bar of this state who is actively associated with him or her in a particular action, be permitted to practice in that action. The motion must designate which attorney will serve as lead counsel. The court may at any time for good cause revoke such admission. An attorney so admitted to practice in a particular action must at all times have associated with him or her in such action a member of the bar of this state, upon whom all process, notices and other papers will be served and who must sign all papers filed with the court and whose attendance may be required by the court.

(c)Withdrawal. An attorney who has entered an appearance shall remain as counsel until granted leave to withdraw by the court. The appearance of an attorney shall be deemed to be withdrawn upon the entry of final judgment and the expiration of ninety (90) days from the date of initial sentencing, or upon the sentencing court’s determination of a motion for reduction of sentence filed within the same period of time, whichever is later. Prior to that time, an attorney who has entered an appearance may withdraw only with leave of court. Leave to withdraw after a status conference has been held, or if no status conference is held after 28 days have elapsed since arraignment, will be granted only for good cause shown and on such terms as the court may order. Leave to withdraw before that time shall be granted within the court’s discretion. No motion to withdraw shall be considered by the court until the defendant has been given notice of the motion and the date and time of hearing thereon by the clerk, unless the attorney includes in the motion an affidavit that after diligent search the present address of the defendant cannot be determined or other counsel has entered an appearance for the defendant.
(d) Withdrawal: Notification of Party. When an attorney has been granted leave to withdraw an appearance, the clerk shall notify all counsel of record and parties who are without counsel.
(e) Attorney License Number; eCabinet Registration Number. Any document that constitutes a first appearance of an attorney shall contain, in addition to the name of the appearing attorney, the eCabinet registration number assigned to that attorney on registering an e-mail address pursuant to Rule 3 of the 2010 Vermont Rules for Electronic Filing.

Vt. R. Crim. P. 44.2

Added Nov. 24, 1986, effective March 1, 1987; amended March 15, 2006, effective June 30, 2006; Sept. 22, 2010, effective Nov. 22, 2010; February 6, 2013, effective April 8, 2013; March 12, 2013, effective May 13, 2013; amended June 13, 2018, effective August 13, 2018; amended December 10, 2019, effective March 2, 2020.

Reporter’s Notes-2020 Amendment

Rule 44.2(e) is amended to clarify that it cross references the 2010 Vermont Rules for Electronic filing.

Reporters Notes-2018 Amendment

Rule 44.2(b) is amended to comport with general revisions of Administrative Order No. 41, governing Licensing of Attorneys, effective May 15, 2017. In the revision and restyling of A.O. 41, former § 13, Admission Pro Hac Vice, is now designated as § 16 of A.O. 41.

Rule 44.2(b)(2), which formerly governed admission and practice of non-esident attorneys pending completion of law office study, or after such completion pending admission to the bar, is deleted as no longer necessary in view of A.O. 41 ‘s abolition of the requirement of law office study as a condition of admission of attorneys to the Vermont bar.

In consequence of the deletion of paragraph (b)(2), paragraph (b)(1) is restyled as a single, nonnumeric paragraph comprising subdivision (b).

References in the rule to “shall” are amended to “must” or “will,” consistent with general restyling of the rules of procedure by the Court. The change in terminology is stylistic, rather than substantive.