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Rule 49. Entry of Appearance, Counsel Not Licensed in Oklahoma, Withdrawal of Counsel, Address ...

Oklahoma Statutes AnnotatedLocal District Court Rules

Oklahoma Statutes Annotated
Local District Court Rules
Rules of the Seventh and Twenty-Sixth Administrative Districts [Oklahoma and Canadian Counties]
Okl.St.Ann. Rule 49
Rule 49. Entry of Appearance, Counsel Not Licensed in Oklahoma, Withdrawal of Counsel, Address of Record, Change of Address
A. Entry of Appearance. All parties to any proceeding in any division of the courts of the Oklahoma/Canadian County Administrative District shall, file with the Court Clerk, an entry of appearance by counsel or personally as an unrepresented party no later than the first filing of any pleading or other paper in the case by that counsel or party. In the event a party changes, adds, or substitutes counsel, new counsel shall immediately file an entry of appearance as set forth herein. The entry of appearance shall include the name and signature of counsel or the unrepresented party, mailing address, telephone number, and fax number, Bar Association number, and name of the law firm. Copies shall be served on all other parties of record. Filing an entry of appearance as required by this Rule, does not waive any defenses enumerated in Title 12 O.S. Section 2012(B).
B. Counsel Not Licensed in Oklahoma. All motions of counsel not licensed to practice in the State of Oklahoma shall comply with the requirements of Title 5 O.S.Supp.1998, Appendix 1, Section 5 of Art. 2 of the Rules Creating and Controlling the Oklahoma Bar Association. The statement required by Article 2 Section 5 shall be in the form of an affidavit attached to the motion. The motion shall show that the requirements of Article 2 Section 5 are fulfilled. The required entry of appearance of the associate attorney shall be filed with the motion and affidavit.
C. Withdrawal of Counsel. A motion to withdraw may be filed at any time. All motions to withdraw shall be accompanied by a proposed order. No counsel may withdraw from a pending case without leave of the assigned judge. The counsel filing the motion to withdraw shall serve a copy of the motion on the client and all attorneys of record. All motions shall be signed by the party on whose behalf counsel has previously appeared or contain a certificate that (1) the client has knowledge of counsels' intent to withdraw, or (2) counsel has made a good faith effort to notify the client and the client cannot be located. In civil actions, the Court may grant a motion to withdraw where there is no successor counsel only if the withdrawing attorney clearly states in the body of the order the name and address of the party. The order allowing withdrawal shall notify the unrepresented party that an entry of appearance must be filed either by the party pro se or by substitute counsel, within thirty (30) days from the date of the order permitting the withdrawal, and that a failure of the party to prosecute or defend the case may result in dismissal of the case without prejudice or the entry of a default judgment against the party. If no entry of appearance is filed within thirty (30) days from the date of the order permitting withdrawal, then the unrepresented party, other than a corporation, is deemed to be pro se. In all cases, counsel seeking to withdraw shall advise the Court if the case is currently set for motion docket, pretrial conference, or trial.
D. Withdrawal of Counsel in Felony Cases. The additional conditions of Court Rule No. 24 shall apply to the withdrawal of counsel in felony cases.
E. Address of Record. The address of record for any attorney or party appearing in a case pending before any Court of the Oklahoma/Canadian County Administrative District shall be the latest address provided to the Court Clerk in the entry appearance or change of address. The attorney or unrepresented party must, in all cases pending before the Court involving the attorney or party, file with the Court Clerk and serve upon all counsel and unrepresented parties a notice of a change of address. The attorney or unrepresented party has the duty of maintaining a current address with the Court. Service of notice to the last known address of record of counsel or an unrepresented party, shall be considered valid service for all purposes, including dismissal of cases for failure to appear.
F. Notice of Change of Address. All attorneys and unrepresented parties shall give immediate notice to the Court of a change of address, by filing notice with the Court Clerk. The notice of change of address shall contain the same information required by the entry of appearance. The notice of change of address shall be served on all parties, and a copy provided to the assigned judge. If an attorney or unrepresented party files an entry of appearance, the Court will assume the correctness of the last address of record, until a notice of change of address is received. Attorneys of record who change firms shall notify the Court Clerk and the assigned judge of the status of the representation of their clients, and shall immediately withdraw, when appropriate.

Credits

[Adopted effective May 1, 2000.]
Okl. St. Ann. Rule 49, OK ST T. Rule 49
Current with emergency effective legislation through Chapter 257 of the Second Regular Session of the 59th Legislature (2024). Some sections may be more current, see credits for details.
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