§ Rule 11 Pleadings-Applications-Withdrawal of attorneys

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Rule 11. Pleadings--Applications--Withdrawal of attorneys

    (a)(1) Signing of Pleadings, Motions, and Other Papers; Sanctions. Every pleading, motion, and other paper of a party represented by an attorney shall be signed by at least one (1) licensed attorney of record of the state of Idaho, in the attorney's individual name, whose address shall be stated before the same may be filed. A party who is not represented by an attorney shall sign the pleading, motion or other paper and state the party's address. Except when otherwise specifically provided by rule or statute, pleadings need not be verified or accompanied by affidavit. The signature of an attorney or party constitutes a certificate that the attorney or party has read the pleading, motion or other paper; that to the best of the signer's knowledge, information, and belief after reasonable inquiry it is well grounded in fact and is warranted by existing law or a good faith argument for the extension, modification, or reversal of existing law, and that it is not interposed for any improper purpose, such as to harass or to cause unnecessary delay or needless increase in the cost of litigation. If a pleading, motion or other paper is not signed, it shall be stricken unless it is signed promptly after the omission is called to the attention of the pleader or movant. If a pleading, motion or other paper is signed in violation of this rule, the court, upon motion or upon its own initiative, shall impose upon the person who signed it, a represented party, or both, an appropriate sanction, which may include an order to pay to the other party or parties the amount of the reasonable expenses incurred because of the filing of the pleading, motion, or other paper, including a reasonable attorney's fee.

        (2) Successive Applications for Orders or Writs--Motions for Reconsideration.

            (A) Successive Applications. In any action, if an application by any party to the judge of a court for the issuance of an order or writ is denied in whole or in part by such judge, neither the party nor the party's attorney shall make any subsequent application to any other judge except by appeal to a higher court; provided that a second application may be made for a constitutional writ after a disclosure of the first application has been made to the second judge. Any writ or order obtained in violation of this section shall be immediately vacated by the judge issuing the same upon discovery of the prior application to another judge, and the party and the attorney shall be subject to such costs and sanctions as the court may determine in its discretion. Nothing in this rule shall prevent a party or the attorney from renewing a motion or an application to the same judge, or a newly appointed judge, in an action after such motion or application was originally denied; but this provision and this rule shall not create the right to file a motion for reconsideration except as provided in subsection (B) of this rule. Nothing in this rule shall prevent a party or an attorney from renewing a motion or an application for a constitutional writ to the same judge, or a newly appointed judge, in an action after such motion or application was originally denied.

            (B) Motion for Reconsideration. A motion for reconsideration of any interlocutory orders of the trial court may be made at any time before the entry of final judgment but not later than fourteen (14) days after the entry of the final judgment. A motion for reconsideration of any order of the trial court made after entry of final judgment may be filed within fourteen (14) days from the entry of such order; provided, there shall be no motion for reconsideration of an order of the trial court entered on any motion filed under Rules 50(a), 52(b), 55(c), 59(a), 59(e), 59.1, 60(a), or 60(b).

        (3) Withdrawal of Files. No paper, record or file in any action or proceeding shall be removed from the custody of the clerk except that such papers, records and files may be withdrawn for the use of the court.

    (b)(1) Change of Attorneys. The attorney of record of a party to an action may be changed or a new attorney substituted by notice to the court and to all parties signed by both the withdrawing attorney and the new attorney without first obtaining leave of the court. If a new attorney appears in an action, the action shall proceed in all respects as though the new attorney of record had initially appeared for such party, unless the court finds good cause for delay of the proceedings.

        (2) Withdrawal of Attorney. Except as otherwise provided in this Rule 11(b) and its subsections, or by stipulation and order of the court, no attorney may withdraw as an attorney of record for any party to an action without first obtaining leave and order of the court upon a motion filed with the court, and a hearing on the motion after notice to all parties to the action, including the client of the withdrawing attorney. Leave to withdraw as a counsel of record may be granted by the court for good cause and upon such conditions or sanctions as will prevent any delay in determination and disposition of the pending action and the rights of the parties. Provided, that at the time judgment is entered in any action, or at any time thereafter, an attorney who desires to withdraw as attorney of record for a party may give notice thereof in the judgment, or may file a notice of withdrawal at the time of entry of the judgment, or at any time thereafter, but such notice of withdrawal shall not become effective until the time for appeal from the final judgment has expired and there are no proceedings pending. The attorney shall provide the last known address of the client in any notice of withdrawal.

        (3) Leave to Withdraw--Notice to Client. If an attorney is granted leave to withdraw, the court shall enter an order permitting the attorney to withdraw and directing the attorney's client to appoint another attorney to appear, or to appear in person by filing a written notice with the court stating how the client will proceed without an attorney, within 20 days from the date of service or mailing of the order to the client. After the order is entered, the withdrawing attorney shall forthwith, with due diligence, serve copies of the same upon the client and all other parties to the action and shall file proof of service with the court. The withdrawing attorney may make such service upon the client by personal service or by certified mail to the last known address most likely to give notice to the client, which service shall be complete upon mailing. Upon the entry of an order granting leave to an attorney to withdraw from an action, no further proceedings can be had in that action which will affect the rights of the party of the withdrawing attorney for a period of 20 days after service or mailing of the order of withdrawal to the party. If such party fails to file and serve an additional written appearance in the action either in person or through a newly appointed attorney within such 20 day period, such failure shall be sufficient ground for entry of default and default judgment against such party or dismissal of the action of such party, with prejudice, without further notice, which shall be stated in the order of the court. The attorney shall
provide the last known address of the client in any notice of withdrawal.

        (4) Withdrawal Upon Death, Extended Illness, Absence, or Disbarment of Attorney. In the event of the death, extended illness, absence, suspension or disbarment from the practice of law of an attorney of record in an action, if such attorney has not indicated on the appearance that the attorney is associated with a partnership, firm, corporation or other attorneys in the action, then no further proceedings can be had in such action that will affect the rights of the party represented by such attorney until the order has been served as provided in this rule. Such order may be obtained and served by any party to the action, or the party's attorney, in the same manner and with the same effect as service of the order by a withdrawing attorney as provided in this Rule 11.

        (5) [Renumbered as I.R.C.P. Rule 11(b)(1) July 1, 1978.]

    (c) Verification. Verification of pleadings authorized or permitted under these rules or by law shall be a written statement or declaration by a party or the party's attorney of record sworn to or affirmed before an officer authorized to take depositions by Rule 28, that the affiant believes the facts stated to be true, unless a verification upon personal knowledge is required. When a corporation is a party, the verification may be made by an officer thereof. When a partnership or other unincorporated association is the party under a common name the verification may be made by a member or officer hereof.

    The rule headings for Idaho Rules of Civil Procedure have been editorially supplied.