SUBSTITUTION OF ATTORNEY – CALIFORNIA STATE COURT
[Superior Court of California, County of [County Name]]
[Street Address]
[City, State ZIP]
CAPTION INFORMATION
- Case Title: [Plaintiff Name] v. [Defendant Name]
- Case Number: [Case No.]
- Judge/Department: [Judge/Dept.]
- Action Type: [e.g., Unlimited Civil – Breach of Contract]
NOTICE OF SUBSTITUTION OF ATTORNEY
TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD:
PLEASE TAKE NOTICE that, pursuant to California Code of Civil Procedure section 284(1) and California Rules of Court, rule 3.1362, [Party Name] hereby substitutes [New Attorney Name], State Bar No. [Number], of [New Firm Name], as attorney of record in place and stead of [Withdrawing Attorney Name], State Bar No. [Number], of [Former Firm Name], effective upon execution of this substitution and filing with the Court.
WITHDRAWING COUNSEL INFORMATION
- Name: [Withdrawing Attorney Name]
- Firm: [Former Firm Name]
- Address: [Street, City, State ZIP]
- Telephone: [Number]
- Email (if consenting to electronic service): [Email Address]
SUBSTITUTING COUNSEL INFORMATION
- Name: [New Attorney Name]
- State Bar Number: [Number]
- Firm: [New Firm Name]
- Address: [Street, City, State ZIP]
- Telephone: [Number]
- Email for Service (Cal. Rules of Court, rule 2.251): [Email Address]
- Additional E-Service Addresses (if any): [List]
CLIENT ACKNOWLEDGMENT
The undersigned party confirms that [he/she/they/it] has been informed of this substitution, consents to the substitution of counsel, and understands that all future notices and pleadings will be served on substituting counsel listed above.
COURT-ORDERED SUBSTITUTION (IF APPLICABLE)
☐ This substitution is tendered pursuant to court order dated [Date] requiring substitution or withdrawal. A copy of the order is attached.
☐ Not applicable.
SIGNATURES
Withdrawing Attorney
[Withdrawing Attorney Name]
Date: _______
Substituting Attorney
[New Attorney Name]
Date: _______
Client / Authorized Representative
[Client Name / Title if entity]
Date: _______
OPTIONAL: COURT APPROVAL
Court approval is required when the substitution is submitted after trial has commenced or when the court has otherwise directed approval. If required, include the following order block on a separate page pursuant to Cal. Rules of Court, rule 3.1362(d).
SO ORDERED.
Dated: _______
[JUDGE NAME]
Judge of the Superior Court
SERVICE CERTIFICATION
I am over the age of 18 and not a party to this action. On [Date], I served the foregoing Substitution of Attorney on the parties indicated below via the method marked:
| Party/Attorney Served | Address / Email | Method (☐ U.S. Mail ☐ Personal Delivery ☐ Overnight Delivery ☐ Electronic Service (CRC 2.251) ☐ Other) |
|---|---|---|
| [Name] | [Address/Email] | [Method] |
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
Date: _______
Place of execution: [City, State]
[Declarant Name]
FILING NOTES:
- Confirm whether the court requires the Judicial Council MC-050 form; many clerks will reject narrative pleadings unless accompanied by the mandatory form.
- E-filed documents must include the proper filing code (e.g., “Substitution of Attorney”) and comply with any page limit or formatting rules in the local e-filing manual.
- Serve all parties immediately after e-filing; proof of service must conform to Cal. Rules of Court, rule 3.1300.
- Update the service list and case management system to reflect counsel substitution to avoid missed notices.