Substitution of Attorney

SUBSTITUTION OF ATTORNEY — NORTH DAKOTA STATE COURT

JURISDICTION AND PROCEDURAL OVERVIEW

Governing Rules: N.D.R.Civ.P. Rule 11 requires that every pleading, motion, or other paper signed by an attorney include the attorney's name, State Board of Law Examiners identification number (ND Bar ID), address, telephone number, and email address. Rule 5 governs service and filing. North Dakota Rules of Professional Conduct Rule 1.16 governs withdrawal from representation.

Court Approval — Same-Firm Substitution vs. Different-Firm Substitution: North Dakota practice distinguishes between two types of substitution:

• Same law firm/agency substitution: A notice of substitution is sufficient when one attorney from a firm replaces another attorney from the same firm. No court order is required.
• Different law firm/agency substitution: A motion for substitution must be filed, served on all parties, and granted by the court for good cause shown. The attorney assuming representation must file and serve the motion.
• In both cases, the attorney entering the appearance must include their complete contact information and ND Bar ID on all filed documents per Rule 11.

North Dakota Bar ID Format: North Dakota attorney identification numbers are assigned by the State Board of Law Examiners and are typically 4- to 5-digit numbers (e.g., 3456 or 12345). Per N.D.R.Civ.P. Rule 11 (amended effective March 1, 2014), the attorney's email address for electronic service is also required on all signed documents.

E-Filing System (Odyssey): North Dakota district courts use the Odyssey electronic filing system (eFileND) as the mandatory e-filing platform. Documents filed electronically are submitted through the Odyssey system. After substitution, the new attorney must update their service information in Odyssey/eFileND. The withdrawing attorney should be removed from the e-service list. Access eFileND at efilend.tylertech.cloud or through ndcourts.gov.

Service by Email: An attorney who files electronically is deemed to have consented to electronic service. Email service is the presumptive service method for represented parties in electronically filed cases under N.D.R.Civ.P. 5.

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 seek continuances if additional time is needed.

COURT CAPTION

STATE OF NORTH DAKOTA

IN DISTRICT COURT

[________________________________] JUDICIAL DISTRICT

COUNTY OF [________________________________] Case No. [____________________]

[________________________________],
Plaintiff,

vs.

[________________________________],
Defendant.

NOTICE OF SUBSTITUTION OF ATTORNEY

(Same Law Firm — No Court Order Required)

— OR —

MOTION FOR SUBSTITUTION OF ATTORNEY

(Different Law Firm — Court Order Required)

Select applicable filing type:

☐ NOTICE OF SUBSTITUTION — Substituting attorney is from the same law firm or agency as withdrawing attorney. No court order required.

☐ MOTION FOR SUBSTITUTION — Substituting attorney is from a different law firm or agency. Court order required. See Motion and proposed Order in Sections VI and VII.

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

Party Name: [________________________________]

I. NOTICE / MOTION FOR SUBSTITUTION

COMES NOW [________________________________] ("Substituting Attorney"), and pursuant to N.D.R.Civ.P. Rules 5 and 11 and the North Dakota Rules of Professional Conduct Rule 1.16, hereby gives notice to this Court and all parties that:

1. [________________________________] ("Substituting Attorney"), ND Bar ID No. [____________________], of [________________________________], is entering as attorney of record for [________________________________] ("Client") in the above-captioned matter.

2. [________________________________] ("Withdrawing Attorney"), ND Bar ID No. [____________________], of [________________________________], is withdrawing as attorney of record for [________________________________] in the above-captioned matter.

3. ☐ The substituting and withdrawing attorneys are members of the same law firm/agency; a Notice of Substitution is therefore sufficient and no court order is required.

4. ☐ The substituting and withdrawing attorneys are from different law firms/agencies; good cause for substitution exists as follows: [________________________________].

II. WITHDRAWING ATTORNEY INFORMATION

Full Name: [________________________________]

ND Bar ID Number: [____________________]

Law Firm / Organization: [________________________________]

Street Address: [________________________________]

City, State, ZIP: [________________________________], North Dakota [________]

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

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

Email Address (Primary for Service / Electronic Service): [________________________________]

Odyssey/eFileND Login Email: [________________________________]

III. SUBSTITUTING (NEW) ATTORNEY INFORMATION

Full Name: [________________________________]

ND Bar ID Number: [____________________]

Law Firm / Organization: [________________________________]

Street Address: [________________________________]

City, State, ZIP: [________________________________], North Dakota [________]

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

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

Email Address (Primary for Service / Electronic Service): [________________________________]

Odyssey/eFileND 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 by withdrawing counsel of all pending deadlines, hearings, and case obligations of which 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 N.D. Rules of Prof. Conduct 1.16(d).
7. I understand that any fee arrangements with new counsel are separate from obligations I may have to withdrawing counsel.

Client Signature: [________________________________]

Printed Name: [________________________________]

Date: [__/__/____]

V. ATTORNEY CERTIFICATIONS

A. Withdrawing Attorney Certification

I, [________________________________], ND Bar ID No. [____________________], certify that:

1. I am withdrawing as attorney of record for [________________________________] in the above-captioned case.
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, and outstanding discovery obligations as of the date of this filing.
5. My withdrawal complies with N.D. 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 addressed separately. (Details are not included in this filing.)

Signature of Withdrawing Attorney: [________________________________]

Printed Name: [________________________________]

ND Bar ID No.: [____________________]

Email (for service): [________________________________]

Date: [__/__/____]

B. Substituting Attorney Certification

I, [________________________________], ND Bar ID No. [____________________], certify that:

1. I am entering as attorney of record for [________________________________] in the above-captioned case.
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 Association of North Dakota, with no active disciplinary proceedings.
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 Odyssey/eFileND system and have updated or will update the service list for this case.
6. ☐ I am from the same law firm/agency as withdrawing attorney; this Notice is sufficient.
7. ☐ I am from a different law firm/agency; I am filing this as a motion and providing good cause for the substitution.

Signature of Substituting Attorney: [________________________________]

Printed Name: [________________________________]

ND Bar ID No.: [____________________]

Email (for service): [________________________________]

Date: [__/__/____]

VI. SUBSTITUTION CHECKLIST

New Attorney — Entering Appearance

☐ Confirmed ND Bar ID number is current and active (verify at sband.org)
☐ Confirmed active standing with State Bar Association of North Dakota
☐ Registered with Odyssey/eFileND (ndcourts.gov)
☐ Updated service email address in eFileND system for this case
☐ Reviewed complete case docket on eFileND / North Dakota Courts case search
☐ 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
☐ Checked local rules for the specific judicial district (if applicable)
☐ Reviewed outstanding discovery requests and response deadlines
☐ Notified opposing counsel of entry of appearance
☐ Confirmed client's signed consent to substitution
☐ Determined correct filing type: Notice (same firm) vs. Motion (different firm)
☐ If motion required: drafted good cause statement and proposed order

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 eFileND/Odyssey service list for this case
☐ Completed all outstanding duties that cannot be abandoned mid-matter
☐ Complied with N.D. Rules of Prof. Conduct 1.16(d) regarding client property transition

Administrative and Court Steps

☐ Filed Notice or Motion through Odyssey/eFileND system
☐ Paid any required filing fee (verify with clerk)
☐ Served all opposing counsel and self-represented parties per N.D.R.Civ.P. 5
☐ Updated eFileND service list: new attorney added; withdrawing attorney removed
☐ If motion filed: scheduled hearing or awaited court ruling on submission
☐ Confirmed court's receipt, docketing, and (if applicable) entry of order

VII. PROPOSED ORDER GRANTING MOTION FOR SUBSTITUTION OF ATTORNEY

(For different law firm/agency substitutions requiring court approval)

STATE OF NORTH DAKOTA

IN DISTRICT COURT

[________________________________] JUDICIAL DISTRICT

COUNTY OF [________________________________] Case No. [____________________]

[________________________________],
Plaintiff,

vs.

[________________________________],
Defendant.

ORDER GRANTING MOTION FOR SUBSTITUTION OF ATTORNEY

THIS MATTER having come before the Court upon the Motion for Substitution of Attorney filed by [________________________________], and the Court having reviewed the motion, good cause statement, and supporting materials, and being duly advised in the premises;

THE COURT FINDS that good cause exists for the substitution of counsel based upon: [________________________________].

IT IS HEREBY ORDERED that:

1. [________________________________], ND Bar ID No. [____________________], of [________________________________], is hereby substituted as attorney of record for [________________________________] in the above-captioned case.

2. [________________________________], ND Bar ID No. [____________________], of [________________________________], is hereby permitted to withdraw as attorney of record for [________________________________] in the above-captioned case and is relieved of all further duties herein, except as otherwise required by the North Dakota 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 motion.

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: [__/__/____]

[________________________________]
District Court Judge
[________________________________] Judicial District, State of North Dakota

VIII. CERTIFICATE OF SERVICE

I hereby certify that on [__/__/____], a true and correct copy of the foregoing Notice/Motion for 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 N.D.R.Civ.P. 5:

Signature of Person Serving: [________________________________]

Printed Name: [________________________________]

ND Bar ID No.: [____________________]

Email (for service): [________________________________]

Date of Service: [__/__/____]

IX. PRACTICE NOTES AND STATE-SPECIFIC GUIDANCE

Same Firm vs. Different Firm — Critical Distinction: This is the most important procedural distinction in North Dakota substitution practice. If the new attorney is from the same firm or government agency as the withdrawing attorney, a Notice is sufficient. If the new attorney is from a different firm, a Motion and court order are required, and good cause must be established. Confusion on this point can result in delays or unauthorized representation.

Odyssey / eFileND System: North Dakota's district courts use the Odyssey platform for electronic filing (eFileND). Documents filed electronically must be submitted through this system. An attorney who files electronically is deemed to have consented to electronic service. After filing the substitution, the new attorney must update their service email in the eFileND system and verify that the withdrawing attorney has been removed from e-notifications. Access eFileND through ndcourts.gov or efilend.tylertech.cloud.

ND Bar ID Number: North Dakota attorney identification numbers are assigned by the State Board of Law Examiners. The ND Bar ID is required on all filed documents per N.D.R.Civ.P. Rule 11 (amended March 1, 2014). Verify active bar membership at sband.org (State Bar Association of North Dakota).

Email Address Required on All Filings: Since the 2014 amendment to N.D.R.Civ.P. Rule 11, all attorneys must include their email address for electronic service on every signed document. Failure to include the email address may result in rejection of the filing.

N.D. Rules of Prof. Conduct 1.16(d): Withdrawing counsel must take steps reasonably practicable to protect the client's interests: giving reasonable notice, allowing time for new counsel to be employed, surrendering papers and property to which the client is entitled, and refunding any advance payment not yet earned.

Local Rules: While North Dakota does not have extensive local district court rules supplementing the statewide rules, some districts may have administrative procedures. Check with the clerk of the specific district court before filing.

Pending Deadlines and Continuances: If new counsel needs additional time to prepare, file a motion for continuance promptly. Courts will consider the timing of the substitution and whether opposing parties would be prejudiced by a continuance.

X. SOURCES AND REFERENCES

• North Dakota Rules of Civil Procedure (Rule 5 and Rule 11): ndcourts.gov
• North Dakota Rules of Court Rule 3.5 (Electronic Filing): ndcourts.gov
• North Dakota Rules of Professional Conduct: ndcourts.gov
• Odyssey/eFileND E-Filing: ndcourts.gov
• State Bar Association of North Dakota: sband.org