Local Rule LR3-108. Appearances, withdrawals, and substitution of counsel.

[Related Statewide Rules 1-089.1, 5-107, and 10-165 NMRA] A. Entry of appearance. An attorney shall enter an appearance in an action as required by Rules 1-089, 5-107, and 10-165 NMRA. B. Withdrawal. Counsel may withdraw in contested matters under Rule 1-089 NMRA only with the consent of the assigned judge. (1) Any application for withdrawal of counsel under Rule 1-089 NMRA shall state the last known mailing address and telephone number(s) of the attorney’s client, unless another attorney enters an appearance for the party prior to or simultaneously with the application for withdrawal. (2) If no hearing on any pending issue is set, the court shall consent, without a hearing, to the withdrawal of the counsel if it is accompanied by an entry of appearance of substitute counsel or party pro se. (3) If a hearing on pending issues has been set, the court shall consent, without a hearing, to the withdrawal of counsel if it is accompanied by an entry of appearance of substitute counsel or party pro se, and if the entry waives any right substitute counsel or party pro se may have to request vacation of the hearing that has been set on the grounds of the new entry and if the entry is approved by opposing counsel or party pro se. (4) If the conditions set forth in Subparagraph (2) or (3) of this paragraph are not met, the court shall approve the withdrawal of counsel only under the following conditions: (a) for good cause shown upon motion and hearing, with notice to opposing counsel or party pro se; if there is no entry of appearance of substitute counsel or of a party pro se, the withdrawing attorney shall provide the court with a certificate stating the party’s last known address at which service of papers may be made in accordance with Rule 1-005 NMRA and the last known telephone numbers and employer of the party; or (b) upon such terms as the court may deem just. (5) All orders allowing withdrawal of counsel and substitution of a party pro se shall contain the name and the last known address of the party whose attorney is being allowed to withdraw. A copy of any order allowing withdrawal shall be served on all parties, under Rules 1-089, 5-107, and 10-165 NMRA.