Court Rules

Alaska

Alaska Rule of Civil Procedure 81 governs limited appearances and includes:

Rule 81(d) expressly permitting limited appearances in non-criminal cases as long as the attorney files and serves an entry of appearance with the court before or during the initial proceeding and the entry of appearance clearly identifies the limitation; and

Rule 81(e)(D) allowing an attorney to withdraw from a limited appearance, without court action or approval, by filing a notice with the court, served on all parties of record, indicating that the representation has ended.

Arizona

Arizona Rule of Family Law Procedure 9(B) governs limited appearances and includes:

Rule 9(B)(1) expressly allowing limited appearances by filing a Notice of Limited Scope Representation that states that the client and attorney have a written agreement and that specifies the matter or issues for which the attorney will represent the party; allowing service on an attorney, once a limited appearance has been filed, for all matters without extending the attorney’s responsibility in the case; and clarifying that nothing in the rule permits an attorney from providing limited scope representation without appearing of record in judicial proceedings.

Rule 9(B)(2) permitting an attorney to withdraw from completed representation by filing either a Notice of Withdrawal with Consent or by motion and court order.

Arizona Rule of Civil Procedure 5.1(c) permits an attorney to enter a limited appearance by filing and serving a Notice of Limited Scope Representation. It requires an attorney to file a Notice of Withdrawal signed by both the attorney and the client to withdraw representation or, if the client does not consent, a motion to withdraw.

Arizona Rule of Civil Procedure 5.2, governs limited appearances in vulnerable adult exploitation actions and includes:

Rule 5.2(a) expressly allowing limited appearances by filing a Notice of Limited Scope Representation that states that the client and attorney have a written agreement and that specifies the matter or issues for which the attorney will represent the party; and

Rule 5.2(b) allowing service on an attorney, once a limited appearance has been filed, for all matters without extending the attorney’s responsibility in the case and clarifying that nothing in the rule permits an attorney from providing limited scope representation without appearing of record in judicial proceedings; and

Rule 5.2(c) permitting an attorney to withdraw from completed representation by filing either a Notice of Withdrawal with Consent or by motion and court order.

California

California Family and Juvenile Rule 5.71, allows an attorney to be relieved as counsel by filing an Application to Be Relieved as Counsel Upon Completion of Limited Scope Representation, and outlines the procedure to withdraw both with no objection and with objection from the client.

California Civil Rule 3.36 allows an attorney to be relieved as counsel by filing an Application to Be Relieved as Counsel Upon Completion of Limited Scope Representation, and outlines the procedure to withdraw both with no objection and with objection from the client.

FL-950 provides a court approved Notice of Limited Scope Representation for family law matters.

Colorado

Colorado Rule of Civil Procedure 121 explicilty permits limited appearances, as long as the attorney files and serves a notice of limited appearance with the court and all other parties prior to or simultaneous with the proceeding(s) for which the attorney apepars. It allows an appearance to terminate without leave of court as long as the attorney files a noitce of completion of limited apearance, and finds that service on the attorney is only valid in connection with the specific proceedings(s) for which the attorney appears.

Connecticut

Connecticut Rule of Professional Conduct 1.16 governs declining or terminating representation and provides commentary on withdrawing after filing a limited appearance.

Connecticut Rule of Professional Conduct 4.2 and 4.3 govern communicating with an otherwise unrepresented party for whom a limited appearance has been filed.

Delaware

Delaware Family Court Rules of Civil Procedure addressing limited appearances include:

Rule 5(b)(2)(A), expressly permitting limited appearances with a written notice of appearance that specifically states the matters in which the attorney will represent the party and requiring copies of all notices given to the client also be given to the attorney; and

Rule 5(b)(2)(B), limiting the representation to only those matters identified in the notice of appearance and terminating the representation when the time for appeal has elapsed.

District of Columbia

Superior Court of the District of Columbia Administrative Order 14-10 permits limited scope representation in the Civil, Probate and Tax Divisions, the Family Court, and the Domestic Violence Unit and provides additional guidelines.

Florida

Florida Family Law Rules of Procedure governing limited scope representation include:

Rule 12.040(a) expressly permitting limited appearances with a filed notice, signed by the party;

Rule 12.040(b)-(c) allowing an attorney who has entered a limited appearance to terminate without leave of court, so long as the attorney files a notice of completion;

Rule 12.040(e) requiring an attorney who has filed a limited appearance to include specific language on pleadings filed with the court.

Comment to Florida Rule of Professional Conduct 1.2, expressly permits limited appearances in family law proceedings.

Idaho

Idaho Rule of Civil Procedure 11(b)(5) permits pro bono limited appearances as long as the attorney files and serves a notice of limited appearances prior to or simultaneous with the proceeding; the notice must specifiy all matters that are to be undertaken on behalf of the party. The attorney may withdraw, without the necessity of leave of court, by filing a notice of completion of limited appearance.

Illinois

Illinois Supreme Court Rule 13 governs limited scope representation and outlines the procedures for disclosing the nature of the representation, filing notice with the court, and withdrawing.

Indiana

Indiana Rule of Trial Procedure 3.1 permits an attorney to enter a limited appearance by filing a notice of temporary or limited representation that includes a description of the representation. It requires an attorney to file a notice of completion of representation to withdraw representation.

Iowa

Iowa Rules of Civil Procedure enabling unbundled services include:

RCP 1.404(3), expressly permitting limited appearances if the limitation is specifically stated in a notice of limited appearance that is filed or served prior or simultaneously with the proceeding and the lawyer notifies the court before the beginning of a hearing;

RCP 1.404(4), allowing an attorney to withdraw from representation without leave of court by filing a notice of completion of limited appearance and serving it on all parties involved; and

RCP 1.442(2) indicating that service on an attorney who has made a limited appearance shall be considered valid only when the service is in connection with the specific proceedings for which the attorney appeared.

Kansas

Kansas Supreme Court Rules:

115A(b)(1) establishing that an attorney making a limited appearance must file a notice of limited entry of appearance that states the precise court proceeding and issues to which the limited appearance pertains.

115A(b)(2) clarifying that an attorney may file a notice of limited entry of appearance for one or more court proceedings in a case.

115A(b)(3) establishing the specific requirements for papers filed in a limited appearance.

115A(b)(4) indicating that service must be made on both the attorney and the party for matters within the scope of the limited appearance. Service is not required for matters outside the scope of the limited appearance.

115A(b)(5) articulating two restrictions on limited appearances.

115A(b)(6) specifying that the attorney must file a notice of withdrawal of limited entry of appearance for each court proceeding for which the attorney has filed a notice of limited appearance. The notice must state that the withdrawal is effective unless an objection is filed not later than 14 days after the notice is filed.

Maine

Maine Rule of Professional Conduct 1.2(c), explicitly allows limited scope representation and allows a lawyer to file a limited appearance if the client consents in writing.

Maine Rule of Professional Conduct Rule 1.16(c), exempts an attorney from the standard withdrawal procedure and allows for automatic withdrawal of a lawyer upon completion of representation.

Maine Rules of Civil Procedure addressing limited appearances include:

Rule 5(b) indicating that service upon the attorney is not required when an attorney files a limited appearance;

Rule 11(b) explicitly permitting limited appearances and requiring an attorney signature on documents filed as part of a limited appearance.

Rule 89(a) exempting attorneys who have filed limited appearances from the standard withdrawal procedure.

Maryland

Maryland Rules of Procedure governing limited appearances include:

1-321: On service after entry of a limited appearance;
1-324: On notification when an attorney has entered a limited appearance;

2-131: Permitting the entry of a limited appearance under certain circumstances and adding a form of acknowledgment of the scope of limited representation in circuit court;

2-132: Permitting an attorney who has entered a limited appearance to file a notice of withdrawal under certain circumstances in circuit court;

3-131: Permitting the entry of a limited appearance under certain circumstances and adding a form of acknowledgment of the scope of limited representation in district court; and

3-132: Permitting an attorney who has entered a limited appearance to file a notice of withdrawal under certain circumstances in district court.

Massachusetts

Supreme Judicial Court Order In Re: Limited Assistance Representation permits limited appearances with a filed Notice of Appearance, allows an attorney to withdraw by filing a Notice of Withdrawal of Limited Appearance, and requires service on both attorney and client for matters within the scope of the limited appearance.

Missouri

Missouri Rules of Professional Conduct 1.16 (c), requires a lawyer to file a notice of termination of limited appearance to withdraw from representation.

Missouri Rule of Civil Procedure 43.01(b) requires service on otherwise self-represented person and not on limited appearance attorney unless notified in writing to do otherwise.

Missouri Rule of Civil Procedure 55.03(b) explicitly allows limited appearances with a written entry of appearance and allowing an attorney to withdraw, when the matter is completed, by filing a “Termination of Limited Appearance.”

Montana

Montana Rules of Civil Procedure enabling limited appearances include:

Rule 4.1(c) permitting limited appearances as long as a notice of limited appearance is filed and served prior to or simultaneous with the actual appearance and indicating that service on an attorney who has made a limited appearance shall be considered valid only when the service is in connection with the specific proceedings for which the attorney appeared.

Rule 4.2(a) permitting limited appearances as long as a notice of limited appearance that specifically states the limitation is filed and served prior to or simultaneous with the actual appearance;

Rule 4.2(b) allowing an attorney to withdraw, without leave of court, by filing a notice of completion of limited appearance.

Nebraska

Nebraska Rule of Professional Conduct 501.2 governing limited scope representation includes:

501.2(d) allowing an attorney to enter a limited appearance if the client consents in writing; and

501.2(e) establishing a procedure for withdrawal that requires the attorney to file a “Certificate of Completion of Limited Representation.”

Nebraska Court Rules of Pleading in Civil Cases:

Rule 6-1109 (h) allowing lawyers to enter a "Limited Appearance" as long as the client consents in writing, the scope of the representation is clearly defined, and a copy is provided to the client and opposing counsel or opposing party;

Rule 6-1109(i) permitting a lawyer to withraw upon completion of the limited representation as long as the attorney files a "Certificate of Completion of Limited Appearance" with the court and provides copies to the client and opposing counsel or opposing party. Court approval is not required and, once filed, the lawyer no longer has an obligation to represent the client; and

Rule 6-1111(b) permitting attorneys who do not appear as attorney of record to prepare pleadings, briefs and other documents to be filed with the court as long as the filings include the "Prepared By" along with identifying information, and clarifying that doing so does not create an appearance by the lawyer.

Nevada

Rules of Practice of the Eighth Judicial District Court of the State of Nevada governing unbundling include:

Rule 5.28(a) requiring an attorney who offers limited scope representation to include that limitation on the first paragraph of the first paper or pleading filed on behalf of the client and to notify the court at the beginning of a hearing when a limited appearance is made.

Rule 5.28(b) permitting an attorney to withdraw from representation by filing a “Notice of Withdrawal of Attorney.”

New Hampshire

New Hampshire Rules of Civil Procedure enabling unbundled services include:

RCP 3, requiring that pleadings and communication be furnished to both client and limited representation attorney until withdrawal of limited appearance;
Rule 17(c), explicitly permitting limited appearances in non-criminal cases so long as the precise scope of the limited representation is stated on a filed notice; and
Rule 17(f), allowing automatic termination of representation when an attorney files a “withdrawal of limited appearance” and gives notice of the completed representation to all parties.

New Mexico

New Mexico Rules of Professional Conduct 16-303(E), requires lawyer to disclose scope of representation to court.

New Mexico Rules of Civil Procedure governing limited appearances include:

Rule 1-089(A)(1) permitting limited appearances in district court as long as the attorney files a Limited Entry of Appearance that identifies the nature of the limitation;

Rule 1-089(C) allowing an attorney who has completed the purpose of the representation to withdraw without court order by filing and serving a notice of withdrawal or substitution of counsel;

Rule 2-107(C) permitting limited appearance in magistrate courts as long as the attorney files a limited entry of appearance that identifies the nature of the limitation and notes the limitation in the signature block of any paper filed with the court;

Rule 2-108(A) allowing an attorney to withdraw without consent from magistrate courts, as long as the representation is completed;

Rule 3-107(C) permitting limited appearances in metropolitan courts as long as the attorney files a limited entry of appearance that identifies the nature of the limitation and notes the limitation in the signature block of any paper filed with the court; and

Rule 3-108(A) allowing an attorney to withdraw without consent from metropolitan courts, as long as the representation is completed.

North Dakota

North Dakota Rule of Court 11.2 governs attorney withdrawal when an attorney has filed a notice of limited representation.

North Dakota Rule of Civil Procedure 5(b) establishes the requirements for service on an attorney providing limited scope representation.

North Dakota Rule of Civil Procedure 11(e) requires an attorney who provides limited scope representation to file a notice that states precisely the scope of the representation and also requires an attorney to file a notice of termination upon completion.

Tennessee

Tennessee Rule of Civil Procedure 11.01 requires that an attorney providing limited scope representation file notice with the court at the beginning of the representation and notice of completion upon satisfying the obligations of the representation.

Utah

Utah Rules of Civil Procedure 74(b), allows an attorney who has entered a limited appearance, and has completed the representation, to withdraw from the case by filing and serving a notice of withdrawal.

Utah Rules of Civil Procedure 75, expressly permits limited appearances with a filed Notice of Limited Appearance, signed by the attorney and party, that specifically describes the purpose and scope of the appearance.

Vermont

Vermont Rules of Civil Procedure 79.1, addresses limited appearances and includes:

Rule 79.1.(1) explicitly allowing limited appearances;

Rule 79.1(2) requiring a written notice of limited appearance that states the purpose and scope of the appearance;

Rule 79.1(3) granting leave to withdraw as a matter of course when the purpose for which the appearance was entered has been accomplished; and

Rule 79.1(4) requiring service on both the party and the attorney after a limited appearance has been filed.

Vermont Rule of Family Proceedings 15(h) addresses limited appearances and includes:

Rule 15(h)(1) explicitly allowing limited appearances in family law matters;

Rule 15(h)(2) requiring a written notice of limited appearance that states the purpose and scope of the appearance;

Rule 15(h)(3) granting leave to withdraw as a matter of course when the purpose for which the appearance was entered has been accomplished; and

Rule 15(h)(4) requiring service on both the party and the attorney after a limited appearance has been filed.

Washington

Washington Civil Rule 4.2, explicitly permits limited appearances as long as the attorney files a limited notice of appearance prior to or simultaneous with the actual appearance.

Washington Civil Rule of Limited Jurisdiction 4.2, explicitly permits limited appearances as long as the attorney files a limited notice of appearance prior to or simultaneous with the actual appearance.

Washington Civil Rule 70.1, expressly allows limited appearances in litigation as long as the attorney files a notice of limited appearance; requires service on the attorney only in connection with the specific proceedings for which the attorney appears; and allows the attorney’s role to terminate with a notice of completion of limited appearance.

Washington Civil Rule of Limited Jurisdiction 70.1, expressly allows limited appearances in litigation as long as the attorney files a notice of limited appearance; requires service on the attorney only in connection with the specific proceedings for which the attorney appears; and allows the attorney’s role to terminate with a notice of completion of limited appearance.

Wisconsin

Milwaukee County Family Division Rule 5.6 governs unbundling and includes:

Rule 5.6(c)expressly permits limited appearances as long as the attorney files a notice of appearance that states the proceedings at which the attorney will be present or function for which the attorney will be responsible.

Rule 5.6 (D) allows an attorney to withdraw, after making a limited appearance, by submitting a proposed order for withdrawal and serving a copy on the client and all parties.

Wisconsin Statutes:

802.045(2) governing notice requirements for limited appearances;
802.045(3) governing service requirements; and
802.045(4) governing termination of a limited appearance.

Wyoming

Wyoming Rule of Professional Conduct 1.2[7] permits limited appearances with written consent.

The Uniform Rule of the District Court of the State of Wyoming 102 governs limited appearances and includes:

Rule 102(a)(1)(C) allowing an attorney to enter a written entry of appearance that is limited, by its terms, to a particular proceeding or matter; and

Rule 102(a)(2)(C) allowing an attorney who has entered a limited entry of appearance to withdraw when the attorney has fulfilled the duties of the limited entry of appearance.

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