Substitution of Attorney

SUBSTITUTION OF ATTORNEY — MONTANA STATE COURT

JURISDICTION AND PROCEDURAL OVERVIEW

Governing Rules: Montana Rules of Civil Procedure Rule 5 governs service and filing of pleadings and other papers. M. R. Civ. P. Rule 11 requires that every signed filing include the attorney's name, bar number, address, telephone number, and email address. Montana Rules of Professional Conduct Rule 1.16 governs withdrawal and termination of representation.

Court Approval: Montana practice regarding court approval for substitution of counsel:

• Consensual substitution (where client, withdrawing attorney, and new attorney agree): Generally accomplished by filing a Stipulation and Order of Substitution of Counsel, which the judge signs. Most Montana district courts require a court order even for consensual substitutions.
• Non-consensual withdrawal: Requires a formal motion, notice to the client, and a court order. The court may require a hearing before allowing withdrawal if it would prejudice the client.
• Local district court rules vary across Montana's 22 judicial districts. Always check the local rules for the specific judicial district.

Montana's 22 Judicial Districts: Montana has 22 judicial districts covering 56 counties. Each district may have its own local rules supplementing the statewide Uniform District Court Rules. The caption must identify the correct judicial district number and county.

Montana State Bar Number Format: Montana State Bar of Montana membership numbers are typically 4- to 5-digit numbers (e.g., 1234 or 12345). The bar number must appear on all filed documents per M. R. Civ. P. Rule 11.

E-Filing System: Montana district courts use an electronic filing system (efile.montanacourts.org) for most case types. The Thirteenth Judicial District (Yellowstone County) and other districts have implemented mandatory electronic filing. After substitution, the new attorney must register in the system and update service preferences. An attorney who files electronically is deemed to have consented to electronic service under M. R. Civ. P. 5(b)(2)(E).

Pending Deadlines: A substitution does not automatically stay, toll, or extend any pending deadlines, discovery cutoffs, trial settings, or hearing dates. New counsel must immediately review the case docket and, if additional time is needed, file a motion for continuance or extension.

COURT CAPTION

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

[________________________________],
Plaintiff,

vs. Cause No. [____________________]

[________________________________],
Defendant.

STIPULATION AND ORDER OF SUBSTITUTION OF ATTORNEY

Party Represented: ☐ Plaintiff ☐ Defendant ☐ Third-Party Plaintiff ☐ Third-Party Defendant ☐ Counter-Defendant ☐ Other: [________________________________]

Party Name: [________________________________]

I. STIPULATION OF SUBSTITUTION

The undersigned parties, by and through their respective counsel, hereby stipulate and agree, pursuant to Montana Rules of Professional Conduct Rule 1.16 and M. R. Civ. P. Rule 5, that [________________________________] ("Substituting Attorney") is substituted as attorney of record for [________________________________] ("Client") in the above-captioned cause, in place of [________________________________] ("Withdrawing Attorney"), effective upon entry of the Order of Substitution below.

☐ This substitution is consensual; all parties listed below have signed this document and a proposed Order of Substitution is submitted for the Court's signature.

☐ This substitution is pursuant to prior court order dated [__/__/____] (attached hereto as Exhibit A).

II. WITHDRAWING ATTORNEY INFORMATION

Full Name: [________________________________]

Montana State Bar Number: [____________________]

Law Firm / Organization: [________________________________]

Street Address: [________________________________]

City, State, ZIP: [________________________________], Montana [________]

Telephone: ([____]) [____]-[________]

Facsimile: ([____]) [____]-[________]

Email Address (Primary for Service): [________________________________]

Montana E-Filing System Login Email: [________________________________]

III. SUBSTITUTING (NEW) ATTORNEY INFORMATION

Full Name: [________________________________]

Montana State Bar Number: [____________________]

Law Firm / Organization: [________________________________]

Street Address: [________________________________]

City, State, ZIP: [________________________________], Montana [________]

Telephone: ([____]) [____]-[________]

Facsimile: ([____]) [____]-[________]

Email Address (Primary for Service): [________________________________]

Montana E-Filing System Login Email: [________________________________]

IV. CLIENT IDENTIFICATION AND CONSENT

Client / Party Name: [________________________________]

Client Mailing Address: [________________________________]

City, State, ZIP: [________________________________]

Client Telephone: ([____]) [____]-[________]

I, the undersigned Client, hereby state and confirm:

1. I have been fully informed of and understand the nature of this substitution of counsel.
2. I freely and voluntarily consent to the withdrawal of [________________________________] as my attorney in this matter.
3. I freely and voluntarily consent to the substitution of [________________________________] as my attorney of record.
4. I understand that this substitution does not alter, stay, or extend any pending deadlines, hearing dates, or court orders in this case.
5. I have been advised of all pending deadlines, hearings, and case obligations of which withdrawing counsel is aware.
6. I have received or will receive from withdrawing counsel all client files, documents, and property to which I am entitled under Mont. R. Prof. Conduct 1.16(d).
7. I understand that any fee arrangements between myself and new counsel are separate and apart from any outstanding obligations I may have to withdrawing counsel.

Client Signature: [________________________________]

Printed Name: [________________________________]

Date: [__/__/____]

V. ATTORNEY CERTIFICATIONS

A. Withdrawing Attorney Certification

I, [________________________________], Montana State Bar No. [____________________], certify that:

1. I am withdrawing as attorney of record for [________________________________] in the above-captioned cause.
2. I have provided the client with reasonable advance notice of this withdrawal.
3. I have provided or will promptly provide to the client or new counsel the client's complete file, all original documents, and all materials to which the client is entitled.
4. I have advised substituting counsel of all pending deadlines, hearing dates, trial settings, scheduling orders, and outstanding discovery obligations as of the date of this filing.
5. My withdrawal complies with Montana Rules of Professional Conduct Rule 1.16, including subdivision (d) regarding protection of client interests.
6. ☐ There are no outstanding fee disputes between myself and the client.
7. ☐ A fee dispute exists and is being resolved separately from this filing.

Signature of Withdrawing Attorney: [________________________________]

Printed Name: [________________________________]

Montana State Bar No.: [____________________]

Date: [__/__/____]

B. Substituting Attorney Certification

I, [________________________________], Montana State Bar No. [____________________], certify that:

1. I am entering as attorney of record for [________________________________] in the above-captioned cause effective upon entry of the Order of Substitution.
2. I have reviewed the case docket and am aware of all pending deadlines, hearings, and outstanding obligations.
3. I am a member in good standing of the State Bar of Montana.
4. I accept full responsibility for all future filings, appearances, and obligations in this matter.
5. I have registered or will immediately register with the Montana electronic filing system (efile.montanacourts.org) for this case.
6. I am familiar with the local rules of the [________________________________] Judicial District.

Signature of Substituting Attorney: [________________________________]

Printed Name: [________________________________]

Montana State Bar No.: [____________________]

Date: [__/__/____]

VI. SUBSTITUTION CHECKLIST

New Attorney — Entering Appearance

☐ Confirmed Montana State Bar number is current and active (verify at montanabar.org)
☐ Registered with Montana e-filing system (efile.montanacourts.org)
☐ Updated service information in e-filing system for this cause
☐ Reviewed complete case docket
☐ Obtained complete client file from withdrawing attorney
☐ Calendared all pending deadlines, hearings, and trial settings
☐ Reviewed scheduling order and any standing orders from the presiding judge
☐ Reviewed local rules for the [____] Judicial District
☐ Reviewed outstanding discovery requests, depositions, and response deadlines
☐ Notified opposing counsel of entry of appearance
☐ Obtained client's signed consent to substitution
☐ Submitted proposed Stipulation and Order of Substitution to the judge
☐ Filed entered order with the district court clerk

Withdrawing Attorney — Exiting Representation

☐ Provided complete client file to client or new counsel
☐ Returned all original documents, physical evidence, and exhibits to client
☐ Addressed outstanding fee agreements, liens, or retainer balances
☐ Confirmed client has new counsel's contact information
☐ Notified all opposing parties and counsel of withdrawal
☐ Removed self from Montana e-filing service notifications for this cause
☐ Completed all outstanding duties that cannot be abandoned mid-matter
☐ Complied with Mont. R. Prof. Conduct 1.16(d) regarding client property transition

Judicial District Specific Steps

☐ Identified applicable judicial district number: [____] Judicial District
☐ Checked local rules of the [____] Judicial District for substitution procedures
☐ Submitted proposed Order of Substitution to the judge's chambers
☐ Obtained signed order and filed with district court clerk
☐ Confirmed clerk updated docket with new attorney information

Administrative and Court Steps

☐ Filed Stipulation and Order of Substitution with the clerk of [____] County District Court
☐ Paid any required filing fee (verify with clerk — often no fee for stipulations)
☐ Served all opposing counsel and self-represented parties per M. R. Civ. P. 5
☐ Updated Montana e-filing system service list to reflect new attorney
☐ Removed withdrawing attorney from e-filing email service list
☐ Confirmed court's receipt, docketing, and entry of the Order of Substitution

VII. ORDER OF SUBSTITUTION OF ATTORNEY

(To be signed by District Court Judge and filed with the clerk)

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

[________________________________],
Plaintiff,

vs. Cause No. [____________________]

[________________________________],
Defendant.

ORDER OF SUBSTITUTION OF COUNSEL

THIS MATTER having come before the Court upon the Stipulation of the parties and their counsel for substitution of attorney of record, and the Court having reviewed the stipulation and being duly advised in the premises;

IT IS HEREBY ORDERED that:

1. [________________________________], Montana State Bar No. [____________________], of [________________________________], is hereby substituted as attorney of record for [________________________________] in the above-captioned cause, effective the date of this Order.

2. [________________________________], Montana State Bar No. [____________________], of [________________________________], is hereby permitted to withdraw as attorney of record for [________________________________] in the above-captioned cause and is relieved of all further duties herein, except as otherwise required by the Montana Rules of Professional Conduct.

3. All future notices, orders, pleadings, and correspondence in this matter shall be directed to substituting counsel at the address and email stated in the Stipulation.

4. No pending deadlines, discovery cutoffs, or hearing dates are extended, stayed, or tolled by reason of this Order unless separately ordered by this Court.

5. ☐ The following upcoming hearing/deadline is CONTINUED to [__/__/____] to allow new counsel reasonable time to prepare: [________________________________].

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

[________________________________]
[________________________________] District Court Judge
[________________________________] Judicial District, State of Montana

VIII. CERTIFICATE OF SERVICE

I hereby certify that on [__/__/____], a true and correct copy of the foregoing Stipulation and Order of Substitution of Attorney and all attachments was served upon all parties and counsel of record in this matter via the methods indicated below, in accordance with M. R. Civ. P. 5(b):

Signature of Person Serving: [________________________________]

Printed Name: [________________________________]

Montana State Bar No.: [____________________]

Date of Service: [__/__/____]

IX. PRACTICE NOTES AND STATE-SPECIFIC GUIDANCE

Montana's 22 Judicial Districts: Montana's district courts are organized into 22 judicial districts, which together cover all 56 counties. Multi-judge districts (such as the Thirteenth Judicial District — Yellowstone County, and the Fourth Judicial District — Missoula County) may have internal assignment procedures. The cause number in those districts typically identifies the assigned judge. Always confirm which judge is assigned before submitting a proposed order.

Montana E-Filing: The Montana Courts electronic filing portal (efile.montanacourts.org) is the primary platform for district court filings. Electronic filing has been implemented in the Thirteenth Judicial District (Yellowstone County) for most case types with mandatory e-filing for attorneys. Other districts have varying levels of implementation. An attorney who files a document electronically in a district is deemed to have consented to receive documents electronically under M. R. Civ. P. 5(b)(2)(E).

Montana State Bar Number: Bar numbers are issued by the State Bar of Montana (montanabar.org). Verify bar status and membership number at the State Bar's online directory. The bar number is required on all filings per M. R. Civ. P. Rule 11.

Local District Court Rules: Each of Montana's 22 judicial districts may have local rules that supplement the statewide Uniform District Court Rules. These local rules are published on the Montana Judicial Branch website (courts.mt.gov). Some districts have specific forms or requirements for substitution of counsel. Check the local rules for the specific district before filing.

Rule 1.16(d) Obligations: Montana Rules of Professional Conduct Rule 1.16(d) requires that withdrawing counsel take steps reasonably practicable to protect the client's interests, including giving reasonable notice to the client, allowing time for employment of other counsel, surrendering papers and property to which the client is entitled, and refunding any advance payment not yet earned.

Pending Hearings and Trial Dates: Substitution alone does not continue any date. If new counsel needs additional time, file a motion for continuance promptly. Courts in Montana are generally willing to grant a short continuance when substitution occurs well in advance of a hearing, but may be reluctant if the motion is filed shortly before trial.

Fee Liens: Montana recognizes an attorney's lien on the client's cause of action and files. If withdrawing counsel intends to assert a lien for unpaid fees, that claim should be addressed separately and should not delay the filing of substitution documents.

X. SOURCES AND REFERENCES

• Montana Rules of Civil Procedure: leg.mt.gov / archive.legmt.gov
• Montana Court Rules: courts.mt.gov/courts/Rules/
• Montana District Court Local Rules: courts.mt.gov
• Montana E-Filing Portal: efile.montanacourts.org
• State Bar of Montana: montanabar.org
• Montana Judicial Branch: courts.mt.gov