Mississippi Order Substituting Counsel for Defendant
Overview of this form
An Order Substituting Counsel for Defendant is an official court document that permits a defendant to replace their legal representative with another attorney. This form serves to formalize the request to substitute counsel, ensuring that the court is aware of the change and that all parties abide by it. It is distinct from other legal forms by specifically addressing the representation of a defendant in legal proceedings.
Form components explained
- Title of the order, indicating it's for substituting counsel.
- Name of the defendant and their current counsel.
- Name and contact information of the new counsel.
- Signature line for the judge to authorize the order.
- Declaration of reasons for the substitution.
Common use cases
This form should be used when a defendant wishes to change their legal representation. Scenarios may include instances where the current attorney cannot continue representation, the defendant is not satisfied with their current counsel, or the defendant requires specialized legal expertise that their current counsel cannot provide.
Who should use this form
- Defendants involved in a legal case who wish to change their attorney.
- Individuals seeking to ensure their new legal representative is recognized by the court.
- Clients who have experienced a breakdown in communication or trust with their current counsel.
Instructions for completing this form
- Identify the parties involved, including the defendant and both current and new counsel.
- Clearly state the reason for substituting counsel in the designated section.
- Ensure all necessary information, such as addresses and contact details, is accurate and up-to-date.
- Include the case number and relevant court information where required.
- Obtain the judge's signature to finalize the order.
Does this document require notarization?
In most cases, this form does not require notarization. However, some jurisdictions or signing circumstances might. US Legal Forms offers online notarization powered by Notarize, accessible 24/7 for a quick, remote process.
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Make edits, fill in missing information, and update formatting in US Legal Forms—just like you would in MS Word.
Download a copy, print it, send it by email, or mail it via USPS—whatever works best for your next step.
Sign and collect signatures with our SignNow integration. Send to multiple recipients, set reminders, and more. Go Premium to unlock E-Sign.
If this form requires notarization, complete it online through a secure video call—no need to meet a notary in person or wait for an appointment.
We protect your documents and personal data by following strict security and privacy standards.
Common mistakes to avoid
- Failing to include all parties' full names and contact information.
- Neglecting to provide a valid reason for the substitution.
- Not obtaining the necessary signatures, particularly from the new counsel and the judge.
Why use this form online
- Convenience of downloading and completing the form from home.
- Editability allows for customization to suit your specific needs.
- Access to forms created by licensed attorneys ensures legal compliance and accuracy.
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FAQ
A Motion for Substitution may be made by any party or by the descendant's successor or representative. It permits a party to substitute into an adversary proceeding or contested matter as a party if any of the following circumstances exist in a case:If a party dies and the claim is not extinguished.
So your attorney is still your attorney of record with the court until you file this form, so if you don't want an attorney representing you in court anymore, you must file the Substitution of Attorney form. It starts by your attorney, your new attorney, filling out the name and firm information at the top.
(1) Substitution if the Claim Is Not Extinguished. If a party dies and the claim is not extinguished, the court may order substitution of the proper party. A motion for substitution may be made by any party or by the decedent's successor or representative.A statement noting death must be served in the same manner.
This means that you are agreeing to release your counsel from the case. Many attorneys will ask for this if you are not paying your bill, or you are not getting along. If you do not sign this, then they have to ask the court to be relieved as counsel.
If an individual/party to a case wishes to change its legal representation or substitute another attorney/law firm for the one currently handling the matter, the individual/party may request the court to do so.
Lawyers can withdraw based on the fact their client refuses to be truthful, refuses to follow the attorney's advice, demands to pursue an unethical course of action, demands unrealistic results, desires to mislead the Court, refuses to cooperate with their counsel as well as countless other reasons.
Anyone can file the Substitution of Attorney form with the court. There is no court rule or code section mandating who should file it.
A substitution of attorney is a legal document that may be created during a lawsuit if a party wishes to replace its attorney with another one. Both attorneys must sign the document (which is otherwise void).
