B-9010-2. SUBSTITUTION AND WITHDRAWAL OF APPEARANCE

(a)   Substitution

If a party in an adversary proceeding or a Debtor in a case wishes to substitute attorneys, a substitution of appearance signed by the original attorney and the new attorney shall be filed. If a trustee, a Debtor, or official committee wishes to substitute attorneys or another professional whose employment was subject to approval by the Court, an application to employ the new professional shall also be filed. If the attorney being replaced is unavailable to sign the substitution of appearance, the new attorney or the Debtor shall include an affidavit stating the reasons for the unavailability.

(b)   Motion to Withdraw

          (1)   Exceptions

              An attorney for a party other than the Debtor shall file a motion to withdraw an appearance except that a notice of withdrawal may be filed:

       (A)  when another attorney remains attorney of record for the party; or

       (B)  when the party has no controversy pending before the Court.

         (2)   Requirements

                 (A)  A motion to withdraw shall provide:

             (i)   satisfactory evidence of a written request from the party to withdraw; or

             (ii)   an attached copy of a notice to the party of the intent to withdraw sent at least seven days before the filing of the motion to withdraw, which includes a statement either that no hearing, conference, or deadline involving the party is set in the next 30 days or that identifies the hearing, conference, or deadline; and

(iii)  the party’s last known telephone number.

     (B)    An attorney seeking to withdraw their appearance on behalf of a client who is the nonmovant to a pending summary judgment motion for which a responsive pleading has yet to be filed shall serve upon the client a Notice for Pro Se Cases described in S.D.Ind. B-7056-1(g) along with a  motion to withdraw.

(c)   Service

A substitution of appearance, motion to withdraw, or a notice of withdrawal shall be served:

(1)     in an adversary proceeding, on all parties to the proceeding; and

(2)     in a bankruptcy case, on all counsel of record and the Debtor, if not represented by counsel.

(d)   Effect of Failure to Comply

The original attorney remains the party's attorney of record until compliance with subparagraph (a), (b), or (c) as applicable, and subparagraph (d) of this rule, and entry of an order, if necessary, permitting withdrawal.

(e)   Attorney Status in Court Record After Withdrawal or Substitution

The Court shall remove the attorney from the list of attorneys receiving notices and orders in the case or adversary proceeding upon the Court’s entry of an order granting a motion to withdraw, or the filing of a notice of withdrawal or substitution of appearance. The Court’s docket shall continue to list the attorney, with a notation that the attorney’s appearance has been terminated.