§ RULE 2-108. WITHDRAWAL OR SUBSTITUTION OF ATTORNEYS

Codes > New Mexico Rules of Civil Procedure for the Magistrate Courts > Article 1 > RULE 2-108.

RULE 2-108. WITHDRAWAL OR SUBSTITUTION OF ATTORNEYS

A. Approval of Court. An attorney or firm who has appeared without limitation in a cause may withdraw from it upon motion and approval of the court. The motion shall be substantially in the form approved by the Supreme Court. Approval of the court may be conditioned upon substitution of other counsel or the filing by a party of an address at which service may be made upon the party, with proof of service on all other parties, or otherwise. Following withdrawal by counsel, an unrepresented party shall have twenty (20) days within which to secure counsel or be deemed to have entered an appearance pro se. Withdrawing counsel or substitute counsel shall serve on all parties a copy of the motion requesting written consent to withdraw and shall file proof of service with the court prior to entry of the court's order. Attorneys whose appearances are limited as set forth in Paragraph C of Rule 2-107 NMRA need not obtain consent of the court before withdrawing or otherwise ceasing to act in the matter, except if the purpose of the limited representation is not completed.

B. Withdrawal Without Consent. If an attorney who has appeared without limitation ceases to act in a cause for a reason other than withdrawal or consent, upon motion of any party, the court may require the taking of such steps as may be advised to insure that the cause will proceed with promptness and dispatch.

C. Representation After Final Judgment. Attorneys of record shall continue to be subject to service for ninety (90) days after entry of final judgment. After expiration of the ninety (90) day period, unless an attorney enters an appearance, the party shall be deemed to have entered an appearance pro se. This rule does not preclude the earlier withdrawal of counsel as provided above.

D. Service Upon Responding Party. In the event of further legal proceedings between the parties after the ninety (90) days have elapsed, the moving party shall effect service of process upon the responding party in the manner prescribed by Rule 2-202 NMRA.