§ Rule 5.1 Duties of Counsel

Codes > Rules of Civil Procedure for the Superior Courts of Arizona > II Commencement > Rule 5.1 > Rule 5.1

Rule 5.1. Duties of Counsel

    (a) Attorney of Record: Withdrawal and Substitution of Counsel.

        (1) Attorney of Record: Duties of Counsel. No attorney shall appear in any action or file anything in any action without first appearing as counsel of record. In any matter, even if it has proceeded to judgment, there must be a formal substitution or association of counsel before any attorney, who is not an attorney of record, may appear. An attorney of record shall be deemed responsible as attorney of record in all matters before and after judgment until the time for appeal from a judgment has expired or a judgment has become final after appeal or until there has been a formal withdrawal from or substitution in the case.

        (2) Withdrawal and Substitution. Except where provided otherwise in any local rules pertaining to domestic relations cases, no attorney shall be permitted to withdraw, or be substituted, as attorney of record in any pending action except by formal written order of the court, supported by written application setting forth the reasons therefor together with the name, residence and telephone number of the client, as follows:

            (A) Where such application bears the written approval of the client, it shall be accompanied by a proposed written order and may be presented to the court ex parte. The withdrawing attorney shall give prompt notice of the entry of such order, together with the name and residence of the client, to all other parties or their attorneys.

            (B) Where such application does not bear the written approval of the client, it shall be made by motion and shall be served upon the client and all other parties or their attorneys. The motion shall be accompanied by a certificate of the attorney making the motion that (i) the client has been notified in writing of the status of the case including the dates and times of any court hearings or trial settings, pending compliance with any existing court orders, and the possibility of sanctions, or (ii) the client cannot be located or for whatever other reason cannot be notified of the pendency of the motion and the status of the case.

            (C) No attorney shall be permitted to withdraw as attorney of record after an action has been set for trial, (i) unless there shall be endorsed upon the application therefor either the signature of a substituting attorney stating that such attorney is advised of the trial date and will be prepared for trial, or the signature of the client stating that the client is advised of the trial date and has made suitable arrangements to be prepared for trial, or (ii) unless the court is satisfied for good cause shown that the attorney should be permitted to withdraw.

    (b) Responsibility to Court. Each attorney shall be responsible for keeping advised of the status of cases in which that attorney has appeared, or their positions on the calendars of the court and of any assignments for hearing or argument. Upon relocation, each attorney shall advise the clerk of court and court administrator, in each of the counties in which that attorney has cases that are pending, of the attorney's current office address and telephone number.

    (c) Notice of Settlement. It shall be the duty of counsel, or any party if unrepresented by counsel, to give the judge or the commissioner assigned the case or matter, the clerk of court and court administrator prompt notice of the settlement of any case or matter set for trial, hearing or argument before the trial, hearing, argument or matter awaiting court ruling. In the event of any unreasonable delay in the giving of such notice, the court may impose sanctions against counsel or the parties to insure future compliance with this rule. Jury fees may be taxed as costs pursuant to statute and local rule.