Omnibus Substitution and Withdraw of Appearance/Attorney Surrogacy

Official Procedure Last Change June 21, 2024

Omnibus Substitution and Withdrawal of Appearance/Attorney Surrogacy

How to file:

Consult with the Clerk's Office before attempting to file an omnibus motion to redact. If a miscellaneous proceeding is needed, it cannot be filed electronically. The document will need to be mailed or hand delivered to the Clerk's office. The miscellaneous proceeding will then be opened by the Clerk's office.

General Information

  • An Omnibus Notice of Substitution and Withdrawal of Appearance is a notice which directs the Court to substitute one attorney with another in multiple cases (this applies to attorneys from different or the same law firm). 
  • The substituting attorney must be admitted to practice in the Southern District and must have a registered ECF account.
  • The Omnibus Notice may be filed by the new attorney or by the attorney being replaced.

Filing Requirements

  • The filing attorney must be a registered ECF user in the Southern District of Indiana
  • The document must be titled, Omnibus Notice of Substitution and Withdrawal of Appearance.
  • A separate text (.txt) file listing all the cases where the substitution will occur.
  • Attorney for debtor or for a party in an adversary proceeding: The notice must include the original signature of both attorneys. If the attorney being replaced is unavailable to sign the notice, the new attorney must include an affidavit stating the reasons for the unavailability.
  • A Certificate of Service must be included.

Step-by-Step Instructions

1. The filing attorney contacts the Clerk's office to verify filing details.

2. Deliver the Omnibus Notice of Substitution and Withdrawal of Appearance with original signatures, Affidavit (unless both attorneys have signed the notice), Certificate of Service and filing fee to the Clerk’s Office. A filing fee is not required if the Miscellaneous Proceeding is opened as part of the attorney surrogacy process.

3. The Clerk’s Office opens a Miscellaneous Proceeding which generates a Notice of Electronic Filing. The notice contains the MP number (ex: 24-56001) and is sent to the email address associated with the filing attorney's ECF account.

4. If the filing fee has not been paid, the Clerk’s Office will create the fee which must be paid by the filing attorney via ECF.

5. The filing attorney will email a text (.txt) file to redaction@insb.uscourts.gov which includes a list of all affected case numbers. The subject line of the email must include the miscellaneous proceeding number.

Case number format for text file:

21-07888
22-09987
22-12345
23-07655
23-11100
 
Note: Do not include a document title, judge's initials, chapter of filing, or other short title/description such as the case name(s).

6. Upon payment of the filing fee, receipt of the text file with affected case numbers, and the entry of all Court orders (if needed), the Clerk’s Office will complete substitution of counsel and close the proceeding.