Clickable Image

     Rule 10. Death or Removal of Attorney.
      (a) Whenever an attorney representing a party to an action, or in another civil proceeding of any kind is removed, withdraws or ceases to act as such, said attorney must inform the court and all other parties of the full name and address of his/her client and any other information which the court may find appropriate to assist in contacting said party.
     (b) Except as allowed or modified by the limited scope of representation rules, when the attorney representing a party to an action or proceeding dies, is removed, withdraws, or ceases to act as such, that party, before any further proceedings are had against him/her must be given notice by any opposing party:
     (1) That such party must appoint another attorney or appear in person, and
     (2) The date of the trial or of the next hearing or action required in the case, and
     (3) That if he/she fails to appoint an attorney or appear in person by a date certain, which may not be less than twenty-one days from the date of the notice, the action or other proceeding will proceed and may result in a judgment or other order being entered against him/her, by default or otherwise.
     (c) Such notice may be by personal service or by certified mail to said party's last known address.
     (d) If said party does not appoint another attorney or appear in person within twenty-one days of the service or mailing of said notice, the action may proceed to judgment. However, copies of all papers and documents required to be served by these Rules and the Rules of Civil Procedure shall be mailed to said party at his/her last known address.
     (e) In addition to the foregoing requirements of Rule 10 and before any change or substitution of attorney is effective, whether such change or substitution is occasioned by the death of the attorney or by his/her removal, withdrawal, ceasing to act, suspension or disbarment, the requirements of sections 37-61-403, 37-61-404 and 37-61-405, MCA, shall have been fully satisfied.

     History: En. Sup. Ct. Ord. May 29, 1987, eff. June 1, 1987; amd. Sup. Ct. Ord. No. AF 07-0110, March 15, 2011, eff. Oct. 1, 2011; amd. Sup. Ct. Ord. No. AF 07-0110, November 29, 2011, eff. March 1, 2012.

Previous Section MCA Contents Part Contents Search Help Next Section