NORTH CAROLINA COURT — GENERAL MOTIONS

Motion to Substitute Counsel

Criminal and Civil · Incoming and outgoing attorney information · Client consent · Fill in case details and download a court-ready PDF instantly.
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01 INCOMING ATTORNEY INFORMATION
INCOMING ATTORNEY — This is the attorney who will be taking over the case. This attorney files this motion.
02 OUTGOING ATTORNEY INFORMATION
OUTGOING ATTORNEY — The attorney currently of record who is being substituted out.
03 CASE INFORMATION
04 REASON FOR SUBSTITUTION & CLIENT CONSENT
05 CERTIFICATE OF SERVICE
SELECTED COUNTY
— Select above —

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SUBSTITUTION — KEY RULES

  • Substitution is typically granted as a matter of course when both client and prior counsel consent
  • Court may require a hearing when prior counsel objects or when trial is imminent
  • The outgoing attorney remains responsible for duties under Rule 1.16(d) until the Order issues
  • File along with a new Notice of Appearance for the incoming attorney
  • Serve both the outgoing attorney and opposing parties / DA's office
  • In criminal cases, the Court must ensure substitution does not prejudice the defendant's right to a speedy trial

AUTHORITY

Rule 16 Gen. RulesWithdrawal / substitution
Rule 1.16 NC RPCTerminating representation
Rule 1.4 NC RPCCommunication with client

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