Substitution of Attorney

SUBSTITUTION OF ATTORNEY — MINNESOTA STATE COURT

FILING CHECKLIST

☐ Notice of Withdrawal prepared and served on all parties who have appeared
☐ Affidavit of Mailing the Notice of Withdrawal prepared (REQUIRED — see Rule 105)
☐ Both the Notice of Withdrawal AND the Affidavit of Mailing filed in MN eCourts / MNCIS
☐ New attorney filing Notice of Appearance simultaneously
☐ Client notified of new attorney's contact information in Notice of Withdrawal
☐ MN eCourts service contacts updated — new counsel registered, withdrawing attorney removed
☐ Minnesota attorney registration number confirmed for both attorneys
☐ Certificate of Service completed
☐ Client file and trust account matters addressed per Minn. R. Prof. C. 1.16

MINNESOTA PROCEDURAL OVERVIEW

Governing Rule: Minnesota General Rule of Practice 105 governs withdrawal of counsel in all Minnesota district court civil actions. Rule 105 establishes a notice-based procedure, not a court-order procedure, for most attorney withdrawals and substitutions.

Two Required Documents — Not One:
Minnesota practice requires TWO documents for withdrawal to be effective: (1) the Notice of Withdrawal, and (2) the Affidavit of Mailing the Notice of Withdrawal. Both must be e-filed. Without the Affidavit of Mailing, the attorney CANNOT be removed as the attorney of record in MNCIS (Minnesota Court Information System).

Notice of Withdrawal Requirements:
Under Rule 105, a Notice of Withdrawal is effective only if it:

• Is served on all parties who have appeared (or their lawyers if represented), AND
• Is filed with the court administrator if any other document in the action has been filed.
• Includes the address, email address (if known), and phone number where the client can be reached for future service.

No Court Order Required (Unless the Court Orders Otherwise):
Minnesota Rule 105 generally does not require a court order for withdrawal when the notice requirements are satisfied. However, courts retain discretion to require more, and withdrawal does not create any right to a continuance of scheduled hearings or trials.

Substitution Procedure:
For a substitution, the withdrawing attorney files a Notice of Withdrawal while simultaneously the substituting attorney files a Notice of Appearance. The Notice of Withdrawal should reference the substituting counsel's entry.

MN eCourts / MNCIS: Minnesota uses the MN eCourts system (Odyssey) for electronic filing and the MNCIS case management system. All documents must be e-filed. After filing, confirm that the withdrawing attorney's service registration is removed and the substituting attorney's registration is active.

Minnesota Attorney Registration Number: All Minnesota attorneys must include their Minnesota Attorney Registration Number on all court filings. Verify status at mncourts.gov.

Effect on Pending Dates: Under Rule 105, withdrawal "does not create any right to continuance of any scheduled trial or hearing." New counsel takes the case as-is with all existing deadlines and dates. Courts may grant a continuance in their discretion, but it is not automatic.

COURT CAPTION

STATE OF MINNESOTA
IN DISTRICT COURT
[________________________________] JUDICIAL DISTRICT
COUNTY OF [________________________________]

[________________________________],
Plaintiff,

vs. Court File No. [________________________________]

[________________________________], Judge: [________________________________]
Defendant.

NOTICE OF WITHDRAWAL OF COUNSEL AND SUBSTITUTION OF ATTORNEY
(Minnesota General Rule of Practice 105)

PART A: NOTICE OF WITHDRAWAL OF COUNSEL

PLEASE TAKE NOTICE that, pursuant to Minnesota General Rule of Practice 105, [________________________________] (Minn. Atty. Reg. No. [________________________________]) hereby withdraws as counsel for [________________________________] ([Plaintiff / Defendant]) in the above-captioned action, effective upon filing of this Notice and the Affidavit of Mailing required by Rule 105.

[________________________________] (Minn. Atty. Reg. No. [________________________________]) is simultaneously entering an appearance as substitute counsel for [________________________________].

Client Contact Information (per Rule 105 — Required when withdrawing without substitute contact listed):

Client Name: [________________________________]
Mailing Address: [________________________________]
City, State, ZIP: [________________________________]
Email Address (if known): [________________________________]
Telephone: ([____]) [____]-[____]

(The party may be served or notified of future matters at the address above unless substitute counsel enters an appearance.)

SECTION 1: WITHDRAWING ATTORNEY INFORMATION

Full Name: [________________________________]
Minnesota Attorney Registration Number: [________________________________]
Law Firm / Organization: [________________________________]
Mailing Address: [________________________________]
City, State, ZIP: [________________________________], Minnesota [____]
Telephone: ([____]) [____]-[____]
Fax: ([____]) [____]-[____]
Email Address: [________________________________]
MN eCourts Service Email: [________________________________]

Date of Original Appearance in This Case: [__/__/____]

Withdrawing Attorney Representations:
☐ The client has been notified of this withdrawal and substitution
☐ The client has consented to this substitution
☐ The client's contact information is listed above per Rule 105 requirements
☐ All client files, documents, and property will be transferred to substituting counsel
☐ Trust account funds will be handled per Minn. R. Prof. C. 1.16(d) and 1.15
☐ All pending court dates, discovery deadlines, and scheduling order obligations have been disclosed to substituting counsel
☐ An Affidavit of Mailing of this Notice of Withdrawal is being filed simultaneously

PART B: NOTICE OF APPEARANCE OF SUBSTITUTING COUNSEL

PLEASE TAKE NOTICE that [________________________________] (Minn. Atty. Reg. No. [________________________________]) hereby enters an appearance as counsel of record for [________________________________] ([Plaintiff / Defendant]) in the above-captioned action, in substitution for withdrawing counsel identified in Part A.

SECTION 2: SUBSTITUTING ATTORNEY INFORMATION

Full Name: [________________________________]
Minnesota Attorney Registration Number: [________________________________]
Law Firm / Organization: [________________________________]
Mailing Address: [________________________________]
City, State, ZIP: [________________________________], Minnesota [____]
Telephone: ([____]) [____]-[____]
Fax: ([____]) [____]-[____]
Email Address: [________________________________]
MN eCourts Service Email: [________________________________]

Substituting Attorney Representations:
☐ I am licensed and in good standing with the Minnesota Supreme Court
☐ I have reviewed the case file and am familiar with the current status of this litigation
☐ I accept this representation effective upon filing of this Notice
☐ I am simultaneously registering in MN eCourts / MNCIS for e-service on this case
☐ I am aware of all pending court dates, discovery deadlines, and scheduling order obligations
☐ I understand that substitution does not create a right to continuance of any scheduled hearing or trial

Pending Hearings / Deadlines:

SECTION 3: CLIENT ACKNOWLEDGMENT

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

☐ Acknowledge and consent to the withdrawal of [________________________________] (Reg. No. [________________________________]) as my counsel of record.
☐ Acknowledge and consent to the substitution of [________________________________] (Reg. No. [________________________________]) as my new counsel of record.
☐ Confirm that I have been informed of all pending court dates, deadlines, and discovery obligations.
☐ Understand that substitution of counsel does not create any right to a continuance of any scheduled hearing or trial under Minnesota General Rule of Practice 105.
☐ Authorize the complete transfer of my case file and all related materials to substituting 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, that all requirements of Minnesota General Rule of Practice 105 have been satisfied, and that an Affidavit of Mailing of this Notice is being filed simultaneously.

Signature: [________________________________]

Printed Name: [________________________________]

Minnesota Atty. Reg. No.: [________________________________]

Date: [__/__/____]

Substituting Attorney

I certify that the information in Section 2 is true and accurate, and that I hereby enter my appearance as counsel of record for the above-named party.

Signature: [________________________________]

Printed Name: [________________________________]

Minnesota Atty. Reg. No.: [________________________________]

Date: [__/__/____]

PART C: AFFIDAVIT OF MAILING — NOTICE OF WITHDRAWAL OF COUNSEL

(REQUIRED — Must be filed simultaneously with the Notice of Withdrawal. Without this Affidavit, the attorney cannot be removed as attorney of record in MNCIS.)

STATE OF MINNESOTA
COUNTY OF [________________________________]

I, [________________________________], being first duly sworn, depose and state as follows:

1. I am the withdrawing attorney (or am authorized to make this Affidavit on behalf of withdrawing counsel) in the above-captioned action.

2. On [__/__/____], I served the foregoing Notice of Withdrawal of Counsel upon:

Client:
Name: [________________________________]
Mailing Address: [________________________________]
City, State, ZIP: [________________________________]
Method of Service: ☐ U.S. Mail, First Class, Postage Prepaid ☐ Email ☐ Personal Delivery

Opposing Counsel / Parties:
Name: [________________________________], Address: [________________________________]
Method: ☐ MN eCourts E-Service ☐ U.S. Mail ☐ Email

Name: [________________________________], Address: [________________________________]
Method: ☐ MN eCourts E-Service ☐ U.S. Mail ☐ Email

3. I have retained a copy of the Notice served and this Affidavit in the file.

Signed under oath this [____] day of [________________________________], 20[____].

[________________________________]
Affiant

Subscribed and sworn before me this [____] day of [________________________________], 20[____].

[________________________________]
Notary Public, State of Minnesota
My Commission Expires: [__/__/____]

(Alternatively, Minn. Stat. § 358.116 unsworn declaration may be used: "I declare under penalty of perjury that everything I have stated in this document is true and correct." Signed: [________________________________], Date: [__/__/____])

SECTION 5: NOTICE OF WITHDRAWAL (No Substitute — Complete If No Substitute Attorney)

Complete this section ONLY if no substitute attorney is entering.

STATE OF MINNESOTA, IN DISTRICT COURT
[________________________________] JUDICIAL DISTRICT, COUNTY OF [________________________________]

[________________________________], Plaintiff,
vs. Court File No. [________________________________]
[________________________________], Defendant.

NOTICE OF WITHDRAWAL OF COUNSEL
(Minnesota General Rule of Practice 105)

PLEASE TAKE NOTICE that, pursuant to Minnesota General Rule of Practice 105, [________________________________] (Minn. Atty. Reg. No. [________________________________]) hereby withdraws as counsel for [________________________________] ([Plaintiff / Defendant]) in the above-captioned action, effective upon filing of this Notice and the accompanying Affidavit of Mailing.

Client Contact Information (Required by Rule 105):

Client Name: [________________________________]
Mailing Address: [________________________________]
City, State, ZIP: [________________________________]
Email Address (if known): [________________________________]
Telephone: ([____]) [____]-[____]

The party may be served or notified of all further matters in this action at the above address and contact information.

Signature: [________________________________]

Printed Name: [________________________________]

Minn. Atty. Reg. No.: [________________________________]

Date: [__/__/____]

SECTION 6: CERTIFICATE OF SERVICE

I, [________________________________], certify that on [__/__/____], I served a true and correct copy of the foregoing Notice of Withdrawal and Substitution and Affidavit of Mailing upon the following persons by the method indicated, pursuant to Minnesota General Rules of Practice Rule 14:

Signature: [________________________________]

Printed Name: [________________________________]

Minn. Atty. Reg. No.: [________________________________]

Date: [__/__/____]

PRACTICE NOTES — MINNESOTA

1. Two-Document Requirement: Minnesota Rule 105 requires BOTH (1) the Notice of Withdrawal AND (2) the Affidavit of Mailing. Without the Affidavit, the attorney will remain as attorney of record in MNCIS and will continue to receive all case notifications. This is the single most important procedural requirement in Minnesota substitutions.

2. Client Address Required in Notice: Under Rule 105, the Notice of Withdrawal must include the client's address, email (if known), and phone number so that other parties can serve the (now unrepresented) party. This is mandatory.

3. No Court Order Required: Minnesota's Rule 105 does not require a court order for withdrawal or substitution. The notice procedure is self-executing upon filing. However, some judges may inquire about a pending withdrawal; be prepared to explain.

4. No Automatic Continuance: Rule 105 expressly states that withdrawal "does not create any right to continuance of any scheduled trial or hearing." Courts may grant a continuance in their discretion, but new counsel should be prepared to proceed on existing dates.

5. MN eCourts / MNCIS Update: After filing, confirm with the court administrator or through MN eCourts that the substituting attorney has been added and the withdrawing attorney has been removed from the case's service contacts.

6. Minn. R. Prof. C. 1.16: Even though no court order is required, the withdrawing attorney must still comply with professional conduct requirements: providing reasonable notice, allowing time for substitute counsel, returning files, and returning unearned fees.

7. Hennepin and Ramsey County Rules: Fourth Judicial District (Hennepin County) and Second Judicial District (Ramsey County) may have supplemental practices or standing orders. Check local rules.

8. Trust Account: Under Minn. R. Prof. C. 1.15, all client funds in IOLTA or trust accounts must be accounted for and returned or transferred upon withdrawal.

9. Criminal Cases: In criminal matters, withdrawal of defense counsel often requires court approval and a hearing. Rule 105 is primarily applicable to civil proceedings.

Sources and References:

• Minnesota General Rule of Practice 105: revisor.mn.gov/court_rules/gp/id/105
• Minnesota Courts Tip Sheet (Withdrawal/Substitution): mncourts.gov
• Minnesota Attorney Registration: mncourts.gov
• MN eCourts E-Filing: mncourts.gov
• Minnesota Rules of Professional Conduct 1.16: lprb.mncourts.gov