§ RULE 3-132 STRIKING OF ATTORNEY'S APPEARANCE

Codes > Maryland Rules > Title 3 > Chapter 100 > RULE 3-132

RULE 3-132. STRIKING OF ATTORNEY'S APPEARANCE

    (a) By Notice. When the client has another attorney of record, an attorney may withdraw an appearance by filing a notice of withdrawal.

    (b) By Motion. When the client has no other attorney of record, an 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 3-311 for requesting a hearing. The court may deny the motion if withdrawal of the appearance would cause undue delay, prejudice, or injustice.

    (c) 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.

    Source: This Rule is derived as follows:

    Section (a) is derived from former M.D.R. 125 a.

    Section (b) is in part derived from former M.D.R. 125 a and is in part new.

    Section (c) is derived from former M.D.R. 125 b.