Title XVI: Withdrawal of Attorney- Amended 7-6-09
16.1 Withdrawal Absent Agreement – Motion and Hearing Required
- Filing Requirements
The attorney seeking to withdraw as counsel in a pending case, who does not have the agreement of the client, must present the motion to the Docket Office and secure a hearing date and time before the assigned judge or magistrate.
The motion must contain all of the requirements listed in 16.0(a), with the exception of # 5. The motion must be served upon all parties in accordance with the Ohio Rules of Civil Procedure. The attorney seeking to withdraw shall request service of the motion on the client through the Clerk of Court’s office by certified mail, return receipt requested, or personal service via a sheriff or process server. The motion shall include the time and date of the hearing, the assigned judge or magistrate’s name, the courtroom number and address of the courthouse.
- Court’s Response
The Court shall conduct a hearing and determine whether to grant the motion. If the motion is granted and the client failed to appear at the hearing, the attorney seeking to withdraw shall notify the client by certified mail, return receipt requested, that the motion was granted and that the client must notify the court of new trial counsel within such time as the court may designate. A copy of such notice, along with a copy of the entry granting the withdrawal and a copy of the certified mail receipt shall be filed and docketed at the Clerk of Courts. A courtesy copy shall also be provided to the Docket Office.
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