Substitution of Attorney

SUBSTITUTION OF ATTORNEY — IDAHO STATE COURT

FILING CHECKLIST

☐ New attorney entering appearance as counsel of record
☐ Withdrawing attorney withdrawing from representation
☐ Client consent obtained and signature secured
☐ All parties and counsel of record notified
☐ iCourt e-filing system updated with new attorney service contacts
☐ Proposed Order included (if court approval route selected)
☐ Certificate of Service completed and attached
☐ Client file transfer and trust account reconciliation initiated per IRPC 1.16(d)

IDAHO PROCEDURAL OVERVIEW

Governing Rule: I.R.C.P. 11.3 governs substitution and withdrawal of attorneys in Idaho civil proceedings.

Two Pathways for Substitution:

Pathway 1 — Stipulated Substitution (No Court Order Required):
Under I.R.C.P. 11.3(b), an attorney may withdraw and a substituting attorney may enter if:
(1) the party consents in writing, (2) the withdrawing attorney signs the substitution, and (3) the substituting attorney signs the substitution. A court order is NOT required when all three signatures are obtained.

Pathway 2 — Court-Ordered Withdrawal/Substitution:
Under I.R.C.P. 11.3(a), if the client does not consent or the withdrawing attorney cannot obtain the necessary signatures, a motion to withdraw must be filed and a court order obtained before withdrawal is effective.

E-Filing: Idaho uses iCourt (Tyler Technologies Odyssey) for all district court filings. The substitution must be e-filed through iCourt. After filing, the substituting attorney must update the iCourt service contacts so future electronic service is routed correctly. The withdrawing attorney's service contacts should be removed.

Bar Number Requirement: Idaho State Bar (ISB) numbers must be listed for both the withdrawing and the substituting attorney.

Notice: Under I.R.E.F.S., service via iCourt e-service on all registered users is sufficient. For parties not registered in iCourt, service by email, mail, or personal delivery is required consistent with I.R.C.P. 5(b).

Effect on Pending Deadlines: Substitution does not automatically stay pending deadlines, hearings, or trial dates. New counsel is bound by all existing scheduling orders. Seek a stipulation or motion for modification of scheduling order if additional time is needed.

COURT CAPTION

IN THE DISTRICT COURT OF THE [____] JUDICIAL DISTRICT OF THE STATE OF IDAHO,
IN AND FOR THE COUNTY OF [________________________________]

[________________________________],
Plaintiff/Petitioner,

vs. Case No. [________________________________]

[________________________________],
Defendant/Respondent.

SUBSTITUTION OF ATTORNEY

NOTICE OF SUBSTITUTION OF ATTORNEY

PLEASE TAKE NOTICE that, pursuant to Idaho Rule of Civil Procedure 11.3(b), the party identified below hereby substitutes the following attorney as counsel of record in the above-captioned action, in place of the withdrawing attorney identified herein.

Party Substituting Counsel:

Name: [________________________________]
Party's Role in Case: ☐ Plaintiff/Petitioner ☐ Defendant/Respondent ☐ Third Party: [____]

SECTION 1: WITHDRAWING ATTORNEY INFORMATION

Full Name: [________________________________]
Idaho State Bar Number: ISB No. [____]
Law Firm / Organization: [________________________________]
Mailing Address: [________________________________]
City, State, ZIP: [________________________________], Idaho [____]
Telephone: ([____]) [____]-[____]
Fax: ([____]) [____]-[____]
Email Address: [________________________________]
iCourt User ID / Service Email: [________________________________]

Date Attorney First Appeared in This Case: [__/__/____]
Method of Original Appearance: ☐ Filed Complaint ☐ Notice of Appearance ☐ Answer ☐ Other: [____]

Withdrawing Attorney Statement:
The undersigned withdrawing attorney confirms that:
☐ The client has been notified of this substitution
☐ All client files, documents, and property will be promptly transferred to substituting counsel
☐ Trust account funds belonging to the client will be transferred or disbursed per Idaho Rules of Professional Conduct 1.16(d)
☐ No outstanding liens or claims on client funds exist that would prevent transfer, OR such liens are disclosed as follows: [________________________________]
☐ All pending court deadlines known to withdrawing counsel have been disclosed to substituting counsel

SECTION 2: SUBSTITUTING ATTORNEY INFORMATION

Full Name: [________________________________]
Idaho State Bar Number: ISB No. [____]
Law Firm / Organization: [________________________________]
Mailing Address: [________________________________]
City, State, ZIP: [________________________________], Idaho [____]
Telephone: ([____]) [____]-[____]
Fax: ([____]) [____]-[____]
Email Address: [________________________________]
iCourt Service Email: [________________________________]

Substituting Attorney Statement:
The undersigned substituting attorney confirms that:
☐ I am duly licensed and in good standing with the Idaho State Bar
☐ I have reviewed the case file and am familiar with the status of this action
☐ I accept the above-referenced representation effective upon filing of this Substitution
☐ I have updated (or will immediately update) my appearance in the iCourt system for this case
☐ I am aware of all pending deadlines, hearings, and trial dates in this action

Pending Hearings / Deadlines of Which Substituting Counsel Is Aware:

SECTION 3: CLIENT CONSENT

I, [________________________________], the party represented in the above-captioned action, hereby:

☐ Consent to the withdrawal of [________________________________] (ISB No. [____]) as my attorney of record.
☐ Consent to the substitution of [________________________________] (ISB No. [____]) as my new attorney of record.
☐ Acknowledge that I have been advised of all pending deadlines, hearings, and trial dates.
☐ Understand that substitution of counsel does not automatically extend any deadlines or continue any hearings.
☐ Authorize the transfer of my client file, including all documents and materials, to substituting counsel.

Client Signature: [________________________________]

Printed Name: [________________________________]

Date: [__/__/____]

Address (for Court Records): [________________________________]
City, State, ZIP: [________________________________]
Telephone: ([____]) [____]-[____]

SECTION 4: SIGNATURES

Withdrawing Attorney

I, the undersigned, am the withdrawing attorney and certify that the information set forth in Section 1 is true and correct, and that I consent to this substitution.

Signature: [________________________________]

Printed Name: [________________________________]

Idaho State Bar No.: ISB No. [____]

Date: [__/__/____]

Substituting Attorney

I, the undersigned, am the substituting attorney and certify that the information set forth in Section 2 is true and correct, and that I accept this substitution.

Signature: [________________________________]

Printed Name: [________________________________]

Idaho State Bar No.: ISB No. [____]

Date: [__/__/____]

SECTION 5: PROPOSED ORDER (Complete if Court Approval Sought)

Complete this section if proceeding under I.R.C.P. 11.3(a) (court-ordered substitution) or if any party requests court confirmation of the substitution.

Reason court approval is sought (check all that apply):
☐ Client has not consented or cannot be located
☐ Withdrawing attorney is unable to sign (deceased, incapacitated, or otherwise unavailable)
☐ Dispute exists regarding the substitution
☐ Court requires an order per local rule or prior court order
☐ Other: [________________________________]

PROPOSED ORDER GRANTING SUBSTITUTION OF ATTORNEY

IN THE DISTRICT COURT OF THE [____] JUDICIAL DISTRICT OF THE STATE OF IDAHO,
IN AND FOR THE COUNTY OF [________________________________]

[________________________________], Plaintiff/Petitioner,
vs. Case No. [________________________________]
[________________________________], Defendant/Respondent.

ORDER GRANTING SUBSTITUTION OF ATTORNEY

THIS MATTER having come before the Court upon the Substitution of Attorney filed by [________________________________]; the Court having reviewed the record and being duly advised in the premises:

IT IS HEREBY ORDERED that:

1. [________________________________] (ISB No. [____]) of [________________________________] is hereby SUBSTITUTED as attorney of record for [party name] in the above-captioned action, effective as of the date of this Order.

2. [________________________________] (ISB No. [____]) of [________________________________] is hereby WITHDRAWN as attorney of record for [party name].

3. All future pleadings, motions, notices, and orders shall be served upon substituting counsel at the address set forth in this Substitution.

4. The Clerk of the Court is directed to update the court's records accordingly.

5. ☐ All pending deadlines and hearing dates remain as previously scheduled.
   ☐ The following modification to the scheduling order is ordered: [________________________________]

DATED this [____] day of [________________________________], 20[____].

[________________________________]
District Judge / Magistrate Judge
[____] Judicial District, County of [________________________________]

SECTION 6: CERTIFICATE OF SERVICE

I, [________________________________], certify that on [__/__/____], I served a true and correct copy of the foregoing Substitution of Attorney upon the following persons/entities by the method(s) indicated below, consistent with Idaho Rule of Civil Procedure 5(b) and the Idaho Rules for Electronic Filing and Service:

Service Methods Key:

• iCourt E-Service: Electronic service through Idaho's iCourt portal (sufficient for registered users)
• Email: Direct email to counsel or party (with confirmation of receipt where required)
• U.S. Mail: First-class mail, postage prepaid
• Personal: Personal delivery

Signature: [________________________________]

Printed Name: [________________________________]

Date: [__/__/____]

PRACTICE NOTES — IDAHO

1. I.R.C.P. 11.3(b) — Stipulated Substitution: The preferred method. Requires signatures of withdrawing attorney, substituting attorney, AND client/party. No court order needed when all three sign.

2. iCourt Updates: Immediately upon filing, update the service contacts in iCourt so that all future e-service goes to substituting counsel. Failure to update can result in missed notices. Remove withdrawing attorney's e-service registration from the case.

3. Bar Number Verification: Verify that the substituting attorney's ISB number is current and the attorney is in good standing at isb.idaho.gov before filing.

4. File Transfer Obligations: Under IRPC 1.16(d), the withdrawing attorney must promptly deliver the client's file and any client property. Idaho courts have held that client files belong to the client.

5. Trust Accounts: If the withdrawing attorney holds client funds in trust, those must be transferred or disbursed per IRPC 1.15 before or immediately upon substitution.

6. Pending Deadlines: Substitution does NOT create an automatic stay. New counsel should immediately calendar all pending deadlines.

7. Criminal Cases: In criminal matters, substitution of counsel rules may differ. Consult Idaho Criminal Rule 44 and any applicable local rules.

8. Family Law Cases: In domestic relations cases, the court may have additional requirements regarding notice to the court and to the other party.

9. Judicial District Local Rules: Check local rules for the specific judicial district, as some districts may have supplemental requirements for substitution filings.

Sources and References:

• Idaho Rule of Civil Procedure 11.3: isc.idaho.gov/ircp11.3-new
• Idaho Rules of Professional Conduct 1.16: isb.idaho.gov
• Idaho Rules for Electronic Filing and Service: isc.idaho.gov/irefs
• iCourt Filing Portal: icourt.idaho.gov