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2014 California Rules of Court

Rule 3.1362. Motion to be relieved as counsel

(a) Notice

A notice of motion and motion to be relieved as counsel under Code of Civil Procedure section 284(2) must be directed to the client and must be made on the Notice of Motion and Motion to Be Relieved as Counsel-Civil (form MC-051).

(Subd (a) amended effective January 1, 2007; previously amended effective July 1, 2000.)

(b) Memorandum

Notwithstanding any other rule of court, no memorandum is required to be filed or served with a motion to be relieved as counsel.

(Subd (b) amended effective January 1, 2007; adopted effective July 1, 2000.)

(c) Declaration

The motion to be relieved as counsel must be accompanied by a declaration on the Declaration in Support of Attorney's Motion to Be Relieved as Counsel-Civil (form MC-052). The declaration must state in general terms and without compromising the confidentiality of the attorney-client relationship why a motion under Code of Civil Procedure section 284(2) is brought instead of filing a consent under Code of Civil Procedure section 284(1).

(Subd (c) amended effective January 1, 2007; adopted as subd (b); previously relettered and amended effective July 1, 2000.)

(d) Service

The notice of motion and motion, the declaration, and the proposed order must be served on the client and on all other parties who have appeared in the case. The notice may be by personal service or mail. If the notice is served on the client by mail under Code of Civil Procedure section 1013, it must be accompanied by a declaration stating facts showing that either:

(1)The service address is the current residence or business address of the client; or

(2)The service address is the last known residence or business address of the client and the attorney has been unable to locate a more current address after making reasonable efforts to do so within 30 days before the filing of the motion to be relieved.

As used in this rule, "current" means that the address was confirmed within 30 days before the filing of the motion to be relieved. Merely demonstrating that the notice was sent to the client's last known address and was not returned is not, by itself, sufficient to demonstrate that the address is current. If the service is by mail, Code of Civil Procedure section 1011(b) applies.

(Subd (d) amended effective January 1, 2009; adopted as subd (c); previously amended effective July 1, 1991, January 1, 1996, and January 1, 2007; previously relettered and amended effective July 1, 2000.)

(e) Order

The proposed order relieving counsel must be prepared on the Order Granting Attorney's Motion to Be Relieved as Counsel-Civil (form MC-053) and must be lodged with the court with the moving papers. The order must specify all hearing dates scheduled in the action or proceeding, including the date of trial, if known. If no hearing date is presently scheduled, the court may set one and specify the date in the order. After the order is signed, a copy of the signed order must be served on the client and on all parties that have appeared in the case. The court may delay the effective date of the order relieving counsel until proof of service of a copy of the signed order on the client has been filed with the court.

(Subd (e) amended effective January 1, 2009; adopted as subd (d); previously amended effective January 1, 1996, and January 1, 2007; previously amended and relettered effective July 1, 2000.)

Rule 3.1362 amended effective January 1, 2009; adopted as rule 376 effective July 1, 1984; previously amended effective July 1, 1991, January 1, 1996, and July 1, 2000; previously amended and renumbered effective January 1, 2007.

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