Form 4-105. Motion to withdraw as counsel; order approving withdrawal.

[For use with Magistrate Court Rule 2-108 NMRA and Metropolitan Court Rule 3-108 NMRA] STATE OF NEW MEXICO [COUNTY OF___________________] [CITY OF_____________________] __________________________ COURT v. No. __________ _____________________________, Plaintiff v. _____________________________, Defendant MOTION TO WITHDRAW AS COUNSEL1 ORDER APPROVING WITHDRAWAL _________________________ (name of withdrawing attorney or firm) requests permission of the court to withdraw as counsel for the above named party. The reason for the withdrawal is _____________________________ (set forth reason for the withdrawal). [My] [Our] client (check and complete applicable alternative) [ ] has consented to the withdrawal and has been notified of all pending court dates. [ ] has refused to agree to the withdrawal because ____________________ (set forth reason given by client). [ ] could not be notified after the following attempts: __________________________________. A return receipt for certified or registered mail to my client's last known address is attached to this motion. (check and complete applicable alternative) [ ] _____________________ (name of attorney) is entering an appearance to represent the above named party1. [ ] ______________________ (name of party) will appear pro se. The last known address of ______________________ (name of party) is: _________________________ (name of party) _________________________ (mailing address) _________________________ (city, county and zip code) _________________________ (telephone number) Dated: ____________________ Withdrawing attorney ________________________________ Signed ________________________________ Name (print) ________________________________ Address (print) ________________________________ City, state and zip code (print) ________________________________ Telephone number Entry of appearance by new attorney1 ________________________________ Signed ________________________________ Name (print) ________________________________ Address (print) ________________________________ City, state and zip code (print) ________________________________ Telephone number Last known address of pro se party ________________________________ Address (print) ________________________________ City, state and zip code (print) ________________________________ Telephone number APPROVED: ________________________________ Attorney or pro se party ________________________________ Date CERTIFICATE OF SERVICE ON OPPOSING PARTY I hereby certify that on this ____ day of ______________, ______ this motion was [mailed by United States mail, postage prepaid, and addressed to: Name: __________________________________ Address: __________________________________ City, State and zip code: __________________________________ [faxed by ________________________ (name of person who faxed) to the above named person. The transmission was reported as complete and without error. The time and date of the transmission was ________ (a.m.) (p.m.) on _____________________ (date).] [e-mailed to ________________________ (name of person who transmitted) to ______________________ at _________________ (electronic address of recipient) which address is on file with the clerk of the Supreme Court. The transmission was successful. The time and date of the transmission was _________ (p.m.) (a.m.) on _____________________ (date).] ________________________________ Signature of attorney or party ________________________________ Date of signature CERTIFICATE OF SERVICE ON WITHDRAWING ATTORNEY'S CLIENT I hereby certify that on this ____ day of ______________, ______ this motion was [mailed by United States mail, postage prepaid, and addressed to: Name: _____________________________________________________________ Address: _____________________________________________________________ City, State and zip code: _____________________________________________________________ [faxed by ________________________ (name of person who faxed) to the above named person. The transmission was reported as complete and without error. The time and date of the transmission was ________ (a.m.) (p.m.) on _____________________ (date).] [e-mailed to ________________________ (name of person who transmitted) to ______________________ at _________________ (electronic address of recipient) which address is on file with the clerk of the Supreme Court. The transmission was successful. The time and date of the transmission was _________ (a.m.) (p.m.) on _____________________ (date).] ________________________________ Signature of attorney ________________________________ Date of signature WITHDRAWAL AND SUBSITUTUTION OF ATTORNEY ________________________________ Judge ________________________________ Date