Motion Time Form Withdraw As Counsel In Cook
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A term used in the Law Division Motion Section of the Circuit Court of Cook County (and often in other courts) referring to a motion that is ministerial in nature and seeks simple procedural relief, such as a motion for leave to appear as attorney of record.
When a Motion to Dismiss is filed, the defendant must include information that explains why the defendant believes the court should grant the motion. If the defendant's reasons are not listed in the pleadings, the defendant must attach an affidavit.
An attorney who has entered an appearance for a party must file a motion to be relieved as counsel when another attorney is not being substituted. Notice of such motion, including the date of the hearing, shall be given to the client to afford an opportunity to be heard on the motion.
Emergency Motions shall include an affidavit or verification stating facts that identify the nature of the sudden or unforeseen circumstances which give rise to the emergency and the reason why the matter should take precedence.
(b) Except as stated in paragraph (c), a lawyer may withdraw from representing a client if: (1) withdrawal can be accomplished without material adverse effect on the interests of the client; (2) the client persists in a course of action involving the lawyer's services that the lawyer reasonably believes is criminal or ...
If in writing, the motion should be filed with a cover page labeled “MOTION TO WITHDRAW AS COUNSEL” and comply with the deadlines and requirements for filing. See Chapter 3 (Filing with the Immigration Court), Appendix E (Cover Pages).
LBR 2091-1(a) provides a procedure for an attorney to withdraw as counsel, and that withdrawal results in the client no longer being represented by an attorney. The former client is now considered to be a "Self-Represented Party".
