(a) Presumptive Role of Attorney of Record. (1) The attorney of record for a party in the proceeding from which the appeal or petition is being taken shall be presumed to be the appellate attorney for that party unless (A) a different attorney files the notice of appeal or petition or response on behalf of the party; (B) a different attorney files an entry of appearance on behalf of the party; (C) the attorney of record files a notice of non-representation of the appellee or respondent; the notice must include the last known address and telephone number of the party;(D) the party personally files a notice of appeal, petition, or other document indicating that the party intends to proceed self-represented; or(E) the appellate court grants a motion to withdraw under subsection (f). (2) Subparagraphs (a)(1)(C) and (D) of this rule do not apply to criminal cases or post-conviction relief actions under Criminal Rule 35.1 or in any case in which the attorney has filed a document in the appellate proceeding.(b) Limited Appearance by Counsel in Criminal Cases. An attorney in a criminal case or in an appeal from a post-conviction relief proceeding under Criminal Rule 35.1 may appear for limited purposes only with the permission of the appellate court and for good cause shown. Withdrawal from cases under this subsection requires a motion pursuant to subparagraph (f)(1)(A) or a substitution of counsel under paragraph (f)(2). (c) Limited Appearance By Counsel in Civil Cases. An attorney in a civil appeal may appear on behalf of a party for limited purposes without court approval if the following conditions are satisfied: (1) the attorney files an entry of appearance with the court before, or at the same time as, the attorney takes any action on behalf of the party in the appellate case; (2) the title of the entry of appearance indicates that the appearance is limited and the document identifies the limitation by date, time period, or subject matter; and(3) the attorney is not appointed under Administrative Rule 12. Withdrawal from cases under this subsection requires a notice pursuant to subparagraph (f)(1)(B) or a substitution of counsel under paragraph (f)(2).
(d) Superseding Entry of Appearance. When an attorney in the same law firm or agency as the attorney of record assumes responsibility for the case, the new attorney must file and serve a superseding entry of appearance. Court approval is not required.(e) When Attorney Leaves Law Firm. When an attorney of record leaves the employment of a law firm and the attorney will continue representing the party in a pending appeal, the attorney must file a notice with the court listing the attorney's new address and contact information. If a notice is not filed, the law firm is presumed to continue to represent the party, and an attorney in that firm must file a superseding entry of appearance under subsection (d) of this rule. (f) Withdrawal or Substitution.(1)Withdrawal. An attorney may withdraw as counsel for a party under one of the following provisions. (A) The appellate court may allow an attorney to withdraw for good cause with or without the consent of the party. (i) The attorney must file and serve upon the party a motion and a list of pending court deadlines. The motion must include the current service address and telephone number of the party. The attorney must file proof that the motion and the list of deadlines were served on the party.(ii) The attorney for a person who seeks appellate review of a final judgment in a criminal case or a final order resolving a post-conviction relief action under Criminal Rule 35.1 will not be permitted to withdraw until the notice of appeal or petition and the documents required to be filed with the appeal or petition by Appellate Rule 204, Appellate Rule 215, or Appellate Rule 403(h) have been accepted for filing by the clerk of the appellate courts, or unless the court otherwise allows. (B) If an attorney has filed a limited entry of appearance in a civil case pursuant to subsection (c) of this rule, the attorney may withdraw without court approval by filing and serving on all other parties a notice certifying that the attorney has (1) taken all actions necessitated by the limited representation, and (2) provided to the party a list of deadlines. The notice must also state that the attorney's limited representation has concluded and provide a current service address and telephone number for the party. (2)Substitution of Counsel. If the party has other counsel ready to be substituted for the attorney who wishes to withdraw, the attorneys may file and serve on all other parties a stipulation for substitution of counsel. The stipulation must be signed by the withdrawing attorney and the substituting attorney. Court approval is not required. In the absence of a stipulation, the substituting attorney must file a motion requesting substitution of counsel. In cases where both attorneys are paid at public expense, substitution of counsel can be accomplished by having the new attorney file a superseding entry of appearance.(g) Trial Court Representation Not Affected. An entry of appearance, limited entry of appearance, superseding entry of appearance, substitution, or withdrawal of an attorney in the appellate courts does not affect the representation of a party in the trial court.SCO 1868, October 28, 2015, effective 4/15/2016; amended by SCO 1972, effective 10/15/2021.