Substitution of Attorney

SUBSTITUTION OF ATTORNEY — NEW JERSEY STATE COURT

JURISDICTION OVERVIEW AND FILING NOTES

Court System: New Jersey Superior Court (Law Division — Civil, Law Division — Criminal, Chancery Division — General Equity, Chancery Division — Family, Appellate Division), Municipal Court, and Tax Court. Most civil litigation occurs in the Superior Court, Law Division or Chancery Division.

E-Filing System: NJ eCourts is the statewide mandatory electronic filing system for most Superior Court matters. Access at: https://portal.njcourts.gov. The older JEDS (Judiciary Electronic Document Submission) system has been substantially replaced by eCourts. For appellate matters, use eCourts Appellate.

Governing Rule — N.J. Ct. R. 1:11-2:
This rule is the primary authority for substitution and withdrawal in New Jersey courts. Key provisions:

• Before trial date is fixed / before plea in criminal case: Attorney may withdraw upon client's written consent, provided a substitution naming new counsel or confirming pro se appearance is filed simultaneously.

• After trial date is fixed (civil) / after plea (criminal): Withdrawal without leave of court requires: (1) client's written consent, (2) a stipulation signed by both withdrawing and substituting attorneys, (3) written waiver by all other parties of notice and the right to be heard, AND (4) a certification by both attorneys that the change will not cause delay.

• Contested withdrawal: If client does not consent, the attorney must move for leave to withdraw and provide 16 days' notice (R. 1:6-3) to all parties. The court may impose conditions.

• Criminal cases: No substitution shall be permitted unless the withdrawing attorney certifies that discovery received from the prosecutor has been provided to substituting counsel.

NJ Attorney ID Number Format: New Jersey attorney identification numbers are issued by the New Jersey Judiciary (e.g., 012345678). Verify at: https://www.njcourts.gov/attorneys/attorney-services

Service Requirements: Under R. 1:5-1 and 1:5-2, the Notice of Substitution must be served on all parties and must be filed with the court. In eCourts matters, electronic service to registered parties is sufficient. Unregistered parties must be served by mail.

COURT CAPTION

SUPERIOR COURT OF NEW JERSEY
[LAW / CHANCERY / APPELLATE] DIVISION
[____________________] COUNTY

[________________________________],
Plaintiff / Petitioner,

v.

[________________________________],
Defendant / Respondent.

Docket No.: [____]-[____]-[____________________]-[____]

Judge: [________________________________]

CONSENT TO SUBSTITUTION OF ATTORNEY

(Mutual Consent Substitution Under R. 1:11-2)

PLEASE TAKE NOTICE that, pursuant to Rule 1:11-2 of the New Jersey Court Rules and the New Jersey Rules of Professional Conduct, Rule 1.16:

1. [________________________________] (the "Party"), as [☐ Plaintiff / Petitioner ☐ Defendant / Respondent ☐ Third Party ☐ Other: [________________]] in the above-captioned action, hereby consents to the withdrawal of [________________________________] as attorney of record;

2. The Party hereby substitutes [________________________________], NJ Attorney ID No. [____________________], of [________________________________], as attorney of record, effective upon filing of this Consent with the Court; and

3. The withdrawing attorney and substituting attorney jointly certify as required by R. 1:11-2(c) that this substitution will not cause or result in delay of any scheduled proceeding.

SECTION 1: WITHDRAWING ATTORNEY INFORMATION

Withdrawing Attorney Certifications (R. 1:11-2):

I, [________________________________], NJ Attorney ID No. [____________________], hereby certify that:

☐ I have obtained the written consent of my client to this substitution.

☐ This substitution will not cause or result in any delay of any proceeding in this matter.

☐ I have provided substituting counsel with all pleadings, court orders, discovery materials, correspondence, and all other relevant case documents.

☐ I have provided substituting counsel with a comprehensive list of all pending deadlines, motion return dates, hearing dates, and trial date (if set).

☐ I have complied with N.J. RPC 1.16(d) regarding return of client property and unearned fees.

☐ (Criminal matters only) I have provided substituting counsel with all discovery received from the prosecutor pursuant to R. 1:11-2(e).

☐ Client trust funds (if any) have been properly accounted for and disbursed per NJ IOLTA rules.

I certify that the foregoing statements made by me are true. I am aware that if any of the foregoing statements made by me are willfully false, I am subject to punishment.

SECTION 2: SUBSTITUTING ATTORNEY INFORMATION

Substituting Attorney Certifications (R. 1:11-2):

I, [________________________________], NJ Attorney ID No. [____________________], hereby certify that:

☐ I am an active member in good standing of the New Jersey Bar.

☐ I accept substitution as attorney of record for [________________________________] in this matter.

☐ This substitution will not cause or result in any delay of any proceeding in this matter.

☐ I have received and reviewed the case file from withdrawing counsel, including all pleadings, orders, and discovery.

☐ I have confirmed all pending deadlines and will abide by all existing scheduling orders.

☐ I am registered on NJ eCourts and will update the service list upon filing of this Consent.

I certify that the foregoing statements made by me are true. I am aware that if any of the foregoing statements made by me are willfully false, I am subject to punishment.

SECTION 3: CLIENT WRITTEN CONSENT

(Required under R. 1:11-2(a) for all substitutions)

I, [________________________________], the undersigned [☐ individual client ☐ authorized representative of [________________________________] (title: [________________])], hereby:

1. Consent to the withdrawal of [________________________________] as my attorney of record in the above-captioned matter;

2. Consent to the substitution of [________________________________], NJ Attorney ID No. [____________________], of [________________________________], as my new attorney of record, effective upon filing of this document with the Court;

3. Acknowledge that I have been fully informed of the current status of this matter, all pending deadlines and hearing dates, and the implications of this change of counsel;

4. Authorize [________________________________] to take all actions necessary and appropriate to represent my interests in this proceeding; and

5. Acknowledge that I have received or been offered a copy of my complete client file from the withdrawing attorney.

SECTION 4: WAIVER BY OTHER PARTIES

(Required for post-trial-date substitution under R. 1:11-2(c); omit if pre-trial date or if proceeding by motion)

The undersigned counsel for all other parties in this matter hereby waive notice of and the right to be heard regarding this substitution, and confirm that this substitution will not delay any scheduled proceeding.

Counsel for [________________________________]: ________________________________
NJ Attorney ID No.: [____________________] Date: [__/__/____]

Counsel for [________________________________]: ________________________________
NJ Attorney ID No.: [____________________] Date: [__/__/____]

Counsel for [________________________________]: ________________________________
NJ Attorney ID No.: [____________________] Date: [__/__/____]

☐ Waiver is NOT applicable. This substitution is filed before the trial date has been fixed (civil) or before entry of plea (criminal), and no waiver is required under R. 1:11-2(a).

☐ Proceeding by Motion. Client does not consent / other party objects. See attached Motion for Leave to Withdraw under R. 1:11-2(b) with 16-day notice.

SECTION 5: COURT APPROVAL STATUS

☐ No court order required. This substitution is by mutual consent and satisfies all requirements of R. 1:11-2(a) or (c). It is effective upon filing.

☐ Court approval requested. A proposed Order is attached. The following circumstances require court approval: [________________________________]

☐ Court order previously entered. Order permitting withdrawal / substitution dated [__/__/____] is attached as Exhibit A.

SECTION 6: PENDING DEADLINES AND PROCEDURAL STATUS

Complete this section to confirm no delay will result from this substitution.

Procedural Status Flags:

☐ Trial date has been fixed. (R. 1:11-2(c) applies — waiver by all parties required, or move by motion.)
☐ Trial date has NOT been fixed. (R. 1:11-2(a) applies — client consent sufficient.)
☐ Arbitration has been scheduled under R. 4:21A.
☐ A pending motion has been fully briefed (Motion return date: [__/__/____]).
☐ A temporary restraining order or preliminary injunction is in effect.
☐ This is a criminal matter — plea has [☐ been / ☐ not been] entered.
☐ No hearings or deadlines currently pending.

SECTION 7: SIGNATURE BLOCKS

Withdrawing Attorney

Signature: ________________________________

Printed Name: [________________________________]

NJ Attorney ID No.: [____________________]

Law Firm: [________________________________]

Date: [__/__/____]

Substituting Attorney

Signature: ________________________________

Printed Name: [________________________________]

NJ Attorney ID No.: [____________________]

Law Firm: [________________________________]

Date: [__/__/____]

Client / Authorized Representative

Signature: ________________________________

Printed Name: [________________________________]

Title (if entity): [________________________________]

Date: [__/__/____]

SECTION 8: PROPOSED ORDER

(Attach when court approval is required or requested; omit if not needed)

SUPERIOR COURT OF NEW JERSEY
[LAW / CHANCERY] DIVISION — [____________________] COUNTY

[________________________________] v. [________________________________]

Docket No.: [____]-[____]-[____________________]-[____]

ORDER APPROVING SUBSTITUTION OF ATTORNEY

THIS MATTER having been brought before the Court on the Consent to Substitution of Attorney filed by [________________________________] (the "Party"); and the Court having reviewed the submission and determined that the requirements of R. 1:11-2 have been satisfied; and good cause appearing:

IT IS on this [____] day of [________________________________], 20[____],

ORDERED that:

1. [________________________________], NJ Attorney ID No. [____________________], of [________________________________], is hereby substituted as attorney of record for [________________________________] in the above-captioned action, effective immediately;

2. [________________________________], NJ Attorney ID No. [____________________], is hereby relieved of all further obligations as attorney of record in this matter, except those required to protect the client's interests during the transition period and any obligations imposed by applicable Rules of Professional Conduct;

3. All existing scheduling orders, arbitration obligations, discovery deadlines, and hearing dates shall remain in full force and effect; and

4. The Clerk of the Superior Court shall update the court's docket and service records to reflect this change of counsel.

________________________________
[________________________________], J.S.C. / J.A.D.

SECTION 9: PRE-FILING COMPLIANCE CHECKLIST

Complete all applicable items before filing. Check ☐ when done.

Document Preparation:

☐ Obtained client's written consent to substitution
☐ Both attorneys have signed the Consent to Substitution
☐ R. 1:11-2(c) joint certification of no delay executed (if post-trial-date)
☐ Obtained written waiver from all other parties (if post-trial-date, civil)
☐ Verified that criminal matter discovery transfer certification is included (if criminal)
☐ Proposed Order prepared (if court approval sought)
☐ Certificate of Service prepared

File Transfer (Withdrawing Attorney):

☐ Provided client with complete copy of case file
☐ Returned all original documents and property belonging to client
☐ Accounted for all IOLTA / trust account funds; issued refund if applicable
☐ Provided substituting counsel with all pleadings, motions, and court orders
☐ Provided substituting counsel with all discovery (received and produced)
☐ Provided substituting counsel with all expert reports and designations
☐ Provided substituting counsel with complete calendar of deadlines
☐ Complied with NJ RPC 1.16(d) in all respects

NJ eCourts Filing Tasks:

☐ Logged into NJ eCourts portal (https://portal.njcourts.gov)
☐ Located correct case by docket number
☐ Selected appropriate document type (e.g., "Consent to Substitution of Attorney")
☐ Uploaded signed document as PDF
☐ Updated eCourts service list (added substituting attorney; removed withdrawing attorney)
☐ Obtained and retained eCourts filing confirmation
☐ Served all non-eCourts-registered parties by mail under R. 1:5-2

SECTION 10: CERTIFICATION OF SERVICE

I, [________________________________], NJ Attorney ID No. [____________________], hereby certify that on [__/__/____], I caused a true copy of the foregoing Consent to Substitution of Attorney [and Proposed Order] to be served upon all counsel of record and unrepresented parties in the following manner, consistent with R. 1:5-2:

☐ NJ eCourts electronic service (registered eCourts users)
☐ Electronic mail (by written consent or court order): [________________________________]
☐ U.S. Mail, first-class postage prepaid
☐ Hand delivery
☐ Other: [________________________________]

Parties / Counsel Served:

I certify that the foregoing statements made by me are true. I am aware that if any of the foregoing statements made by me are willfully false, I am subject to punishment.

________________________________
Signature

Printed Name: [________________________________]

NJ Attorney ID No.: [____________________]

Date: [__/__/____]

PRACTICE NOTES AND STATE-SPECIFIC GUIDANCE

The Two-Track System Under R. 1:11-2:
New Jersey's substitution rule creates two distinct procedural paths depending on case posture. Before trial date is fixed (civil) or before plea is entered (criminal), simple client consent is sufficient. After those thresholds are crossed, either unanimous party waiver plus no-delay certifications are needed, or the attorney must formally move the court with 16-day notice per R. 1:6-3(b). Do not confuse the tracks.

16-Day Notice for Contested Withdrawal:
If the attorney seeks to withdraw without client consent (e.g., non-payment, breakdown of relationship), the attorney must file a motion under R. 1:11-2(b) and serve it 16 days before the return date per R. 1:6-3(b). The client's last known address must be included in the moving papers. The court may impose conditions, such as maintaining representation through a specific hearing.

NJ eCourts vs. JEDS:
The statewide eCourts system (https://portal.njcourts.gov) has replaced JEDS for most Superior Court filings. Some legacy matters or older dockets may still reference JEDS. When in doubt, check with the specific county clerk's office. For appellate substitutions, use eCourts Appellate: the substitution may be filed by either the withdrawing or substituting attorney.

Same-Firm Substitution Shortcut:
Per NJ Courts guidance (February 2018 Notice to the Bar), if the substitution is within the same law firm, supporting documentation (consent, certifications) does not need to be uploaded as separate exhibits. The signed notice alone may suffice — confirm with the county clerk.

Criminal Case Discovery Transfer:
Under R. 1:11-2(e), no substitution in a criminal case is permitted unless the withdrawing attorney certifies that all prosecutorial discovery has been transferred to substituting counsel. This is a hard prerequisite.

Client File Rights:
Under NJ RPC 1.16(d) and NJ Ethics Opinion 716, the client is entitled to their complete file. The attorney may retain a copy but may not withhold the file as leverage for unpaid fees if doing so would harm the client in pending proceedings.

Local Court Contacts:

• NJ Courts Portal: https://www.njcourts.gov
• NJ eCourts: https://portal.njcourts.gov
• Attorney Services: https://www.njcourts.gov/attorneys/attorney-services
• NJ State Bar Association: https://www.njsba.com

Sources and References:

• N.J. Ct. R. 1:11-2: https://www.njcourts.gov/attorneys/rules-of-court/withdrawal-or-substitution
• NJ eCourts Filing — Appellate Substitution FAQ: https://www.njcourts.gov/faq/how-do-i-file-a-substitution-of-attorney-ecourts-appellate
• NJ Courts Notice to Bar — Feb. 2018 Filing Practices: https://www.njcourts.gov/sites/default/files/notices/2018/02/n180220f.pdf
• NJ Courts Portal: https://portal.njcourts.gov