New Mexico Forms Library
Decision Information
Rule Set 2 - Rules of Civil Procedure for the Magistrate Courts - cited by 495 documents
Rule Set 3 - Rules of Civil Procedure for the Metropolitan Courts - cited by 700 documents
Decision Content
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
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
[APPROVED] [DENIED]:
________________________________
Judge
________________________________
Date
USE NOTES
1. This form may also be used for the substitution of counsel. Unless there is a new attorney representing the party, insert "none". New counsel must also enter an appearance for the client.
2. Use only applicable alternative.
[Approved by Supreme Court Order 05-8300-05, effective March 21, 2005.]