Substitution of Attorney

SUBSTITUTION OF ATTORNEY — INDIANA STATE COURT

FILING CHECKLIST

☐ Substitution of Appearance signed by both original and new attorney
☐ If original attorney unavailable to sign — statement of reasons included
☐ Client notification provided
☐ New attorney appearance filed in Odyssey e-filing system
☐ New attorney added to Odyssey distribution list for the case
☐ Withdrawing attorney's service contacts removed from Odyssey
☐ All parties and counsel notified via Odyssey e-service or other permitted method
☐ Proposed Order attached if court approval is sought
☐ Certificate of Service completed
☐ Client file and trust matters addressed per IRPC 1.16

INDIANA PROCEDURAL OVERVIEW

Governing Rule: Indiana Trial Rule 3.1 governs appearances and substitution of attorneys. An attorney substituting for another must file a substitution of appearance signed by both the original attorney (being replaced) and the new attorney. If the original attorney is unavailable to sign, the new attorney must include a statement explaining the reasons for unavailability.

Substitution of Appearance — Key Requirements:
Under Trial Rule 3.1, the substitution of appearance document must be signed by both the withdrawing attorney and the substituting attorney. Client signature is not explicitly required by the rule, but obtaining client consent in writing is strongly recommended as a matter of professional responsibility.

Odyssey E-Filing System: Indiana uses the Odyssey e-filing and case management system. All court documents, including substitutions of appearance, must be e-filed through the Odyssey portal (public.courts.in.gov/mycase or through an authorized e-filing service provider). Any attorney entering an appearance must enter their name and contact information, including email address, on the Odyssey distribution list for the case.

Attorney Roll Number: Indiana attorneys must include their Indiana Roll Number (attorney number) on all court filings.

Notice to Opposing Counsel: Upon filing, Odyssey automatically generates e-service to all registered users. For parties not registered in Odyssey, additional service by email or mail is required.

Unavailability of Original Attorney: If the original attorney has died, is incapacitated, has been suspended, or is otherwise unavailable, the new attorney must file the substitution with a written statement explaining the circumstances. The court may require additional documentation in such cases.

Effect on Deadlines: Substitution of counsel does not automatically continue any scheduled hearings, pretrial conferences, or trial dates. New counsel is bound by the existing scheduling order. File a motion for continuance separately if needed.

County Local Rules: Indiana trial courts have county-specific local rules. Confirm whether the county where suit is pending has supplemental requirements for substitutions of counsel (e.g., Marion County, Lake County, St. Joseph County).

COURT CAPTION

IN THE [________________________________] COURT OF [________________________________] COUNTY
STATE OF INDIANA

[________________________________],
Plaintiff,

vs. Case No. [________________________________]

[________________________________],
Defendant.

SUBSTITUTION OF APPEARANCE
(Indiana Trial Rule 3.1)

NOTICE OF SUBSTITUTION

PLEASE TAKE NOTICE that, pursuant to Indiana Trial Rule 3.1, [________________________________] (the "Party") hereby substitutes [________________________________] (Indiana Roll No. [____]) as attorney of record in the above-captioned proceeding, in place of [________________________________] (Indiana Roll No. [____]).

Party Substituting Counsel:

Name: [________________________________]
Party's Role: ☐ Plaintiff ☐ Defendant ☐ Third-Party Plaintiff ☐ Counter-Claimant ☐ Other: [____]

SECTION 1: WITHDRAWING ATTORNEY INFORMATION

Full Name: [________________________________]
Indiana Roll Number (Attorney No.): [________________________________]
Law Firm / Organization: [________________________________]
Mailing Address: [________________________________]
City, State, ZIP: [________________________________], Indiana [____]
Telephone: ([____]) [____]-[____]
Fax: ([____]) [____]-[____]
Email Address: [________________________________]
Odyssey / E-Filing Service Email: [________________________________]

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

Withdrawing Attorney Representations:
☐ Client has been notified of this substitution
☐ Client has consented to the substitution (written consent obtained and retained in file)
☐ All files, documents, and client property will be promptly transferred to substituting counsel
☐ Trust funds will be handled per Indiana Rules of Professional Conduct 1.16(d) and 1.15
☐ All known pending deadlines, hearings, and trial dates have been disclosed to substituting counsel

If Original Attorney Is Unavailable to Sign:
☐ The original attorney is unavailable for the following reason:
[________________________________]
[________________________________]
(Attach supporting documentation if available)

SECTION 2: SUBSTITUTING ATTORNEY INFORMATION

Full Name: [________________________________]
Indiana Roll Number (Attorney No.): [________________________________]
Law Firm / Organization: [________________________________]
Mailing Address: [________________________________]
City, State, ZIP: [________________________________], Indiana [____]
Telephone: ([____]) [____]-[____]
Fax: ([____]) [____]-[____]
Email Address: [________________________________]
Odyssey / E-Filing Service Email: [________________________________]

Substituting Attorney Representations:
☐ I am licensed and in good standing with the Indiana Supreme Court
☐ I have reviewed the case file and am familiar with the status of the litigation
☐ I accept representation of the above-named party effective upon filing of this Substitution
☐ I have registered (or will immediately register) on the Odyssey distribution list for this case
☐ I am aware of all pending deadlines, hearings, and trial dates

Pending Hearings / Deadlines:

SECTION 3: CLIENT CONSENT AND ACKNOWLEDGMENT

(While not expressly required by Trial Rule 3.1, client consent is required under IRPC 1.16 and is best practice)

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

☐ Consent to the withdrawal of [________________________________] (Roll No. [____]) as my attorney of record.
☐ Consent to the substitution of [________________________________] (Roll No. [____]) as my new attorney of record.
☐ Acknowledge that I have been informed of all pending court dates and deadlines.
☐ Acknowledge that this substitution does not automatically continue any hearing or trial date.
☐ Authorize the complete transfer of my case file and all related documents to substituting counsel.
☐ Confirm that I am aware of any outstanding fee obligations to withdrawing counsel.

Client Signature: [________________________________]

Printed Name: [________________________________]

Date: [__/__/____]

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

SECTION 4: SIGNATURES

Withdrawing Attorney

I certify that the information in Section 1 is true and accurate, and I consent to this substitution of appearance.

Signature: [________________________________]

Printed Name: [________________________________]

Indiana Roll No.: [________________________________]

Date: [__/__/____]

(If unavailable to sign, see statement in Section 1 above)

Substituting Attorney

I certify that the information in Section 2 is true and accurate, and I accept this substitution of appearance.

Signature: [________________________________]

Printed Name: [________________________________]

Indiana Roll No.: [________________________________]

Date: [__/__/____]

SECTION 5: MOTION TO WITHDRAW (No Substitute Attorney)

Complete this section ONLY if no substitute attorney is entering and court approval is required.

IN THE [________________________________] COURT OF [________________________________] COUNTY, STATE OF INDIANA

[________________________________], Plaintiff,
vs. Case No. [________________________________]
[________________________________], Defendant.

MOTION TO WITHDRAW APPEARANCE

The undersigned attorney, [________________________________] (Indiana Roll No. [________________________________]), hereby moves this Court for leave to withdraw as attorney for [________________________________] ([Plaintiff/Defendant]), and in support thereof states:

1. The undersigned has represented the above-named party since [__/__/____].

2. Basis for withdrawal:
   ☐ Client has discharged the attorney
   ☐ Breakdown of attorney-client relationship that makes continued representation unreasonably difficult
   ☐ Client has failed to meet financial obligations
   ☐ Representation would violate the Rules of Professional Conduct
   ☐ Attorney is leaving the practice of law / retiring
   ☐ Other: [________________________________]

3. Client's last known address and contact information:
   [________________________________]
   [________________________________], Indiana [____]
   Phone: ([____]) [____]-[____]
   Email: [________________________________]

4. Client ☐ has been ☐ has not been notified of this motion.
   Date and method of notification: [________________________________]

5. Pending court dates: ☐ None ☐ Next date is [__/__/____] at [____]:00 [__]m
   ☐ Withdrawal will not cause undue delay ☐ Good cause exists for withdrawal despite pending date: [________________________________]

WHEREFORE, the undersigned respectfully requests leave to withdraw.

[________________________________] (Roll No. [________________________________])
[________________________________]
[________________________________], Indiana [____]
([____]) [____]-[____]
Date: [__/__/____]

SECTION 6: PROPOSED ORDER

IN THE [________________________________] COURT OF [________________________________] COUNTY, STATE OF INDIANA

[________________________________], Plaintiff,
vs. Case No. [________________________________]
[________________________________], Defendant.

ORDER ON SUBSTITUTION / WITHDRAWAL OF ATTORNEY

THIS MATTER having come before the Court on the Substitution of Appearance / Motion to Withdraw filed by [________________________________]; the Court being duly advised:

IT IS HEREBY ORDERED THAT:

1. ☐ The Substitution of Appearance, substituting [________________________________] (Roll No. [________________________________]) as attorney of record for [________________________________], in place of [________________________________] (Roll No. [________________________________]), is hereby APPROVED.

☐ The Motion to Withdraw Appearance of [________________________________] (Roll No. [________________________________]) as attorney of record for [________________________________] is hereby GRANTED.

2. Future pleadings and notices shall be served upon:
   ☐ Substituting counsel: [________________________________], [________________________________], Indiana [____]
   ☐ The party directly: [________________________________], [________________________________], Indiana [____]

3. ☐ All existing scheduling order deadlines and hearing dates remain as set.
   ☐ The scheduling order is modified as follows: [________________________________]

SO ORDERED this [____] day of [________________________________], 20[____].

[________________________________]
Judge, [________________________________] Court
[________________________________] County, Indiana

SECTION 7: CERTIFICATE OF SERVICE

I, [________________________________], certify that on [__/__/____], I served a true and correct copy of the foregoing Substitution of Appearance upon the following persons by the method indicated, pursuant to Indiana Trial Rule 5 and Trial Rule 86:

Signature: [________________________________]

Printed Name: [________________________________]

Indiana Roll No.: [________________________________]

Date: [__/__/____]

PRACTICE NOTES — INDIANA

1. Both Attorneys Must Sign: Under Indiana Trial Rule 3.1, both the original (withdrawing) attorney and the new (substituting) attorney must sign the Substitution of Appearance. If the original attorney is unavailable to sign, a written statement explaining the unavailability is required.

2. Odyssey E-Filing: Indiana's statewide Odyssey system is used for e-filing. Substituting counsel must register in Odyssey and add themselves to the distribution list for the case. Failure to register means e-service notices will be missed.

3. Indiana Roll Number: Every Indiana-licensed attorney has a Roll Number assigned by the Indiana Supreme Court. This must appear on all court filings.

4. Client Consent — IRPC 1.16: Although Trial Rule 3.1 does not explicitly require client consent on the face of the document, Rule 1.16 of the Indiana Rules of Professional Conduct requires the attorney to comply with applicable law and to protect the client's interests during withdrawal. Always obtain written client consent.

5. County Local Rules: Marion County, Lake County, St. Joseph County, and other large Indiana counties have local rules. Check county-specific local rules before filing.

6. Odyssey Distribution List: The substituting attorney must be added to the case's Odyssey distribution list to receive electronic service of all future court filings and orders. The withdrawing attorney should be removed.

7. No Automatic Continuance: Substitution does not stay existing deadlines. If additional time is needed, file a motion for continuance or extension of time.

8. File Transfer: Under IRPC 1.16(d), withdrawing counsel must promptly deliver client files and property. Obtain a written acknowledgment of file receipt from the client or substituting counsel.

Sources and References:

• Indiana Trial Rule 3.1: rules.incourts.gov
• Indiana Trial Rule 86 (Electronic Filing): rules.incourts.gov
• Indiana Rules of Professional Conduct 1.16: courts.in.gov
• Indiana Odyssey e-filing: public.courts.in.gov/mycase
• Indiana Roll Number lookup: courts.in.gov/apps/attorneys