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Rule 5.3. Duties of Counsel and Parties

Arizona Revised Statutes AnnotatedRules of Civil Procedure for the Superior Courts of ArizonaEffective: September 1, 2019

Arizona Revised Statutes Annotated
Rules of Civil Procedure for the Superior Courts of Arizona (Refs & Annos)
II. Commencing an Action; Service of Process, Pleadings, Motions and Orders; Duties of Counsel
Effective: September 1, 2019
16 A.R.S. Rules of Civil Procedure, Rule 5.3
Formerly cited as AZ ST RCP Rule 5.1, AZ ST RCP Rule 5.2
Rule 5.3. Duties of Counsel and Parties
(a) Attorney of Record; Withdrawal and Substitution of Counsel.
(1) Attorney of Record; Duties of Counsel.
(A) Appearance Required. An attorney may appear as attorney of record by filing a document--including a notice of appearance, complaint, answer, motion to quash, notice of association of counsel, or notice of substitution of counsel--that identifies the attorney as the attorney of record for a party. No attorney may file anything in any action or act on behalf of a party in open court without appearing as attorney of record.
(B) Duties. Once an attorney has appeared as an attorney of record in an action, the attorney will be deemed responsible as the party's attorney of record in all matters involving the action until the action ends or the attorney withdraws as the party's attorney or is substituted as the party's attorney by another attorney.
(2) Withdrawal and Substitution.
(A) Court Order Required. Except as otherwise provided in these rules, in any local rules pertaining to domestic relations actions, or if there is a change of counsel within the same law firm or governmental law office, an attorney may not withdraw, or be substituted, as attorney of record in any pending action unless authorized to do so by court order.
(B) Application to Withdraw or Substitute Counsel. An application to withdraw or be substituted as attorney of record for a party must be in writing, state the reasons for the withdrawal or substitution, and set forth the client's address and telephone number. Additionally:
(i) If the application bears the client's written approval, it must be accompanied by a proposed written order and may be presented to the court ex parte. The withdrawing attorney must give prompt notice of the entry of such order, together with the client's name and address, to all other parties.
(ii) If the application does not bear the client's written approval, it must be made by motion and must be served on the client and all other parties. The motion must be accompanied by a certificate of the moving attorney that the client has been notified in writing of the status of the action (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 that the client cannot be located or cannot be notified of the motion's pendency and the case status.
(C) Withdrawal After Trial Setting. No attorney will be permitted to withdraw as attorney of record after a trial date is set, unless:
(i) the application includes the signed statement of a substituting attorney stating that the attorney is aware of the trial date and will be prepared for trial, or the client's signed statement stating that the client is aware of the trial date and has made suitable arrangements to be prepared for trial; or
(ii) the attorney seeking withdrawal shows good cause for allowing the attorney to withdraw even though the action has been set for trial.
(D) Change of Counsel Within the Same Firm or Office. If there is a change of counsel within the same law firm or governmental law office, an order of substitution or association is not required. Instead, the new attorney must file a notice of substitution or association. The notice must state the names of the attorneys who are the subjects of the substitution or association and the current address and email address of the attorney substituting or associating.
(b) Responsibility to Court. Each attorney of record is responsible for keeping advised of the status of, and the deadlines in, pending actions in which that attorney has appeared. If an attorney changes his or her office address, the attorney must notify the clerk and court administrator, in each of the counties in which that attorney has actions that are pending, of the attorney's current office address and telephone number.
(c) Limited Scope Representation.
(1) Scope. In accordance with ER 1.2, Arizona Rules of Professional Conduct, an attorney may undertake a limited scope representation of a person involved in any court proceeding, including vulnerable adult exploitation actions.
(2) Notice. An attorney undertaking a limited scope representation may appear by filing and serving a Notice of Limited Scope Representation in a form substantially as prescribed in Rule 84, Form 8.
(3) Service. Service on an attorney who has undertaken a limited scope representation on behalf of a party will constitute effective service on that party under Rule 5(c) with respect to all matters in the action, but will not extend the attorney's responsibility for representing the party beyond the specific matters, hearings, or issues for which the attorney has appeared.
(4) Withdrawal. Upon an attorney's completion of the representation specified in the Notice of Limited Scope Representation, the attorney may withdraw from the action as follows:
(A) With Consent. If the client consents to withdrawal, the attorney may withdraw from the action by filing a Notice of Withdrawal with Consent, signed by both the attorney and the client, stating:
(i) the attorney has completed the representation specified in the Notice of Limited Scope Representation and will no longer be representing the party; and
(ii) the last-known address and telephone number of the party who will no longer be represented.
The attorney must serve a copy of the notice on the party who will no longer be represented and on all other parties. The attorney's withdrawal from the action will be effective upon the filing and service of the Notice of Withdrawal with Consent.
(B) Without Consent. If the client does not sign a Notice of Withdrawal with Consent, the attorney must file a motion to withdraw, which must be served on the client and all other parties, along with a proposed order.
(i) If no objection is filed within 10 days after the motion is served on the client, the court must sign the order unless it determines that good cause exists to hold a hearing on whether the attorney has completed the limited scope representation for which the attorney has appeared. If the court signs the order, the withdrawing attorney must serve a copy of the order on the client. The withdrawing attorney also must promptly serve a written notice of the entry of such order, together with the client's name, last-known address, and telephone number, on all other parties.
(ii) If an objection is filed within 10 days after the motion is served, the court must conduct a hearing to determine whether the attorney has completed the limited scope representation for which the attorney appeared.
(d) Notice of Settlement. It is the duty of an attorney of record, or any party if unrepresented by counsel, to give prompt notice to the assigned judge or commissioner, the clerk, and court administrator of the settlement of any action or matter set for trial, hearing, or argument. If prompt notice is not afforded, the court may impose sanctions on the attorneys of record or the parties to ensure future compliance with this rule. Jury fees may be taxed as costs as provided in statute and local rule.

Credits

Added Sept. 2, 2016, effective Jan. 1, 2017.
16 A. R. S. Rules Civ. Proc., Rule 5.3, AZ ST RCP Rule 5.3
Current with amendments received through 08/15/2020.
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