Substitution of Attorney

SUBSTITUTION OF ATTORNEY — NEVADA STATE COURT

JURISDICTION OVERVIEW AND FILING NOTES

Court System: Nevada District Courts (general jurisdiction — 10 judicial districts in 17 counties, including Eighth Judicial District — Clark County/Las Vegas, and Second Judicial District — Washoe County/Reno), Justice Courts, Municipal Courts, Court of Appeals, and Supreme Court.

E-Filing System: Nevada eFlex is the statewide e-filing system used in most Nevada district courts and the Nevada Supreme Court. Access at: https://efile.nvsupremecourt.us for appellate filings. District court e-filing portals vary by county. Clark County (Eighth JD) uses a county-level eFlex portal. Washoe County (Second JD) uses its own subscription-based e-filing system. Check the specific district's website.

Governing Rule — N.R.C.P. 10(e):
This is the primary procedural rule for change of attorney of record in Nevada civil cases. Key provisions (as amended, effective March 1, 2019):

• By stipulation (substitution by agreement): A change of attorney by stipulation requires leave of court. The stipulation must be signed by: (1) the withdrawing attorney, (2) the substituting attorney, and (3) the represented party. The parties must submit a proposed order for the court's signature.

• By motion (withdrawal without substitution, or contested): While a case is pending, any withdrawal requires leave of court. The moving attorney must file an affidavit that includes:

• The client's last known address and all other known contact information (so the court can serve the client with further proceedings if withdrawal is granted)

• A proposed order signed by all parties, including the client, if obtainable

• Substituting attorney accepts existing dates: An attorney substituting into a case automatically accepts all existing dates and deadlines — no automatic continuance is granted.

• eFlex obligation: Nevada eFlex user agreements require attorneys to file proper withdrawal/substitution/change of counsel notices in each of their cases within 10 days of any departure from a firm, change in representation, or cessation of eFlex use.

Nevada Bar Number Format: The State Bar of Nevada issues bar numbers to all licensed Nevada attorneys (e.g., Bar No. 12345). Verify member status at: https://www.nvbar.org/find-a-member/

2019 Amendments: The Nevada Rules of Civil Procedure were substantially revised effective March 1, 2019. The current NRCP 10(e) replaced prior SCR 46 procedures for district court substitutions. Always use the post-2019 framework.

Local Rules: Each judicial district may have local rules supplementing NRCP 10(e). Clark County Eighth JD has its own Eighth Judicial District Court Rules (EDCR). Washoe County Second JD has its own local rules. Always check local rules.

COURT CAPTION

[EIGHTH / SECOND / ____] JUDICIAL DISTRICT COURT
[CLARK / WASHOE / ____________________] COUNTY, NEVADA

[________________________________],
Plaintiff / Petitioner,

vs.

[________________________________],
Defendant / Respondent.

Case No.: [____________________]

Dept. No.: [____]

Judge: [________________________________]

STIPULATION FOR SUBSTITUTION OF ATTORNEY AND REQUEST FOR ORDER

(Pursuant to N.R.C.P. 10(e))

COME NOW the undersigned — the withdrawing attorney, the substituting attorney, and the party — and hereby stipulate to the substitution of counsel in the above-captioned matter as follows:

1. [________________________________] (the "Party"), as [☐ Plaintiff / Petitioner ☐ Defendant / Respondent ☐ Third-Party Defendant ☐ Counter-Claimant ☐ Other: [________________]], consents to the withdrawal of [________________________________] as attorney of record and the substitution of [________________________________], State Bar of Nevada No. [____________________], as incoming attorney of record.

2. The substituting attorney accepts all dates and deadlines currently in effect under any statute, rule, or order, as required by N.R.C.P. 10(e).

3. The parties respectfully request that the Court enter an Order approving this substitution.

SECTION 1: WITHDRAWING ATTORNEY INFORMATION

Withdrawing Attorney Affidavit / Declaration:

(Required by N.R.C.P. 10(e)(2) for withdrawal situations; also provide for substitution for completeness)

I, [________________________________], Nevada Bar No. [____________________], hereby declare:

1. I am the attorney of record for [________________________________] in this matter and have represented this Party since [__/__/____].

2. I seek to withdraw as attorney of record and support this stipulated substitution.

3. I have provided the Party with written notice of this substitution and have obtained the Party's signed consent.

4. Client's last known address and contact information (for court service in the event of further withdrawal-related proceedings):
   - Address: [________________________________]
   - Phone: ([____]) [____]-[________]
   - Email: [________________________________]

5. I have provided substituting counsel with a complete copy of the case file, including all pleadings, orders, correspondence, and discovery.

6. I have provided substituting counsel with a written list of all pending deadlines, hearing dates, and scheduling order obligations.

7. I have complied with Nevada RPC 1.16(d) regarding return of all client property and unearned fees.

8. This substitution will not cause delay in any scheduled proceeding.

☐ I assert no retaining lien. The complete file has been transferred to substituting counsel.

☐ I assert a retaining lien for unpaid fees of $[____________________]. The client has been notified in writing.

☐ Client funds in trust: $[____________________] (accounted for and transferred / disbursed as appropriate per Nevada Rules of Professional Conduct and Nevada IOLTA program rules).

I declare under penalty of perjury under the laws of the State of Nevada that the foregoing is true and correct.

SECTION 2: SUBSTITUTING ATTORNEY INFORMATION

Substituting Attorney Declaration:

I, [________________________________], Nevada Bar No. [____________________], hereby declare:

1. I am an active member in good standing of the State Bar of Nevada.

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

3. I accept all existing dates and deadlines under any statute, rule, or court order currently in effect, as required by N.R.C.P. 10(e). I have not been promised and do not expect any continuance as a result of this substitution.

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

5. I am registered or will promptly register on the applicable Nevada eFlex e-filing system for this court and will update the service list upon entry of the Order approving substitution.

I declare under penalty of perjury under the laws of the State of Nevada that the foregoing is true and correct.

SECTION 3: CLIENT / PARTY CONSENT

(Required by N.R.C.P. 10(e)(1) — the proposed order must be signed by the party)

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

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

2. Consent to the substitution of [________________________________], Nevada Bar No. [____________________], as my new attorney of record, subject to Court approval;

3. Acknowledge that substituting counsel accepts all existing dates and deadlines and that I am not entitled to an automatic continuance as a result of this substitution;

4. Acknowledge that I have been informed of the current status of this matter, all pending deadlines, and all existing court orders;

5. Acknowledge that I have received or been offered a complete copy of my case file from withdrawing counsel; and

6. Authorize [________________________________] to act on my behalf in all further proceedings in this matter.

SECTION 4: COURT APPROVAL STATUS

Under N.R.C.P. 10(e), leave of court is required for both stipulated substitutions and contested withdrawals.

☐ Court Order Requested. This Stipulation is submitted with a Proposed Order for the Court's signature per N.R.C.P. 10(e)(1).

☐ Proceeding by Motion (Withdrawal Without Client Consent). See attached Motion to Withdraw with required affidavit pursuant to N.R.C.P. 10(e)(2).

☐ Court Order Previously Entered. Order dated [__/__/____] is attached as Exhibit A.

SECTION 5: PENDING DEADLINES AND CASE STATUS

Per N.R.C.P. 10(e), substituting attorney accepts ALL existing dates. List all current deadlines below.

Status Flags:

☐ Trial date has been set. Substituting attorney accepts this date.
☐ Trial date has NOT been set.
☐ A scheduling order is in effect (copy provided to substituting counsel).
☐ A TRO or preliminary injunction is currently in force.
☐ Expert designations have been made; substituting counsel has received all expert reports.
☐ This is a criminal matter (governed by N.R.C.P. / NRS criminal procedure rules — confirm applicable court).
☐ No pending hearings or deadlines at this time.

SECTION 6: SIGNATURE BLOCKS

Withdrawing Attorney

Signature: ________________________________

Printed Name: [________________________________]

Nevada Bar No.: [____________________]

Date: [__/__/____]

Substituting Attorney

Signature: ________________________________

Printed Name: [________________________________]

Nevada Bar No.: [____________________]

Date: [__/__/____]

Party / Authorized Representative

(Required signature — N.R.C.P. 10(e)(1) requires party to sign the proposed order)

Signature: ________________________________

Printed Name: [________________________________]

Title (if entity): [________________________________]

Date: [__/__/____]

SECTION 7: PROPOSED ORDER APPROVING SUBSTITUTION OF ATTORNEY

[EIGHTH / SECOND / ____] JUDICIAL DISTRICT COURT
[CLARK / WASHOE / ____________________] COUNTY, NEVADA

[________________________________] vs. [________________________________]

Case No.: [____________________] Dept. No.: [____]

ORDER APPROVING SUBSTITUTION OF ATTORNEY

THE COURT, having reviewed the Stipulation for Substitution of Attorney executed by the withdrawing attorney, substituting attorney, and the represented party pursuant to N.R.C.P. 10(e); and the Court having determined that good cause exists to approve the substitution:

IT IS HEREBY ORDERED that:

1. [________________________________], State Bar of Nevada No. [____________________], of [________________________________], is hereby substituted as attorney of record for [________________________________] in the above-captioned matter, effective immediately;

2. [________________________________], Nevada Bar No. [____________________], is hereby permitted to withdraw as attorney of record and is relieved of all further obligations in this matter, except as required by Nevada RPC 1.16 to protect the client's interests;

3. Substituting attorney [________________________________] accepts all existing dates and deadlines currently in effect under any statute, rule, or order of this Court. No continuances are granted by virtue of this Order;

4. The Clerk of Court shall update the docket to reflect the substitution of counsel; and

5. Substituting counsel shall update the eFlex service list within [____] days of entry of this Order.

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

________________________________
[________________________________]
District Court Judge, [____] Judicial District
Department No. [____]

Approved as to form:

________________________________
Withdrawing Attorney / Nevada Bar No. [____________________]

________________________________
Substituting Attorney / Nevada Bar No. [____________________]

________________________________
Party / Authorized Representative

SECTION 8: PRE-FILING COMPLIANCE CHECKLIST

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

Document Preparation:

☐ Stipulation for Substitution signed by all three parties (withdrawing attorney, substituting attorney, client)
☐ Withdrawing attorney affidavit / declaration completed (including client last known address)
☐ Substituting attorney acceptance of all existing dates confirmed in writing
☐ Proposed Order prepared and signed by all parties including client (per N.R.C.P. 10(e)(1))
☐ Certificate of Service prepared

File Transfer (Withdrawing Attorney):

☐ Provided client with complete copy of the case file
☐ Returned all original documents and property belonging to client
☐ Accounted for all Nevada State Bar IOLTA / trust 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 designations and reports
☐ Provided substituting counsel with complete written deadline calendar
☐ Complied with Nevada RPC 1.16(d) in all respects

E-Filing Tasks:

☐ Logged into applicable Nevada eFlex or county e-filing portal
☐ Located case by case number
☐ Selected appropriate document type (e.g., "Stipulation for Substitution of Counsel" or "Motion to Withdraw")
☐ Uploaded signed stipulation, declarations, and proposed order as PDF
☐ Updated eFlex service list (add substituting attorney; remove withdrawing attorney) after order is entered
☐ Retained filing confirmation / transaction ID for file
☐ Served non-eFlex-registered parties by U.S. mail or hand delivery per N.R.C.P. 5(b)
☐ Noted eFlex 10-day obligation re: updating service contacts across all cases

SECTION 9: CERTIFICATE OF SERVICE

I, [________________________________], Nevada Bar No. [____________________], hereby certify that on [__/__/____], I caused a true and correct copy of the foregoing Stipulation for Substitution of Attorney and Proposed Order to be served upon all parties and counsel of record by the following method(s), pursuant to N.R.C.P. 5(b):

☐ Nevada eFlex electronic service (registered users)
☐ U.S. Mail, first-class postage prepaid
☐ Electronic mail (by agreement): [________________________________]
☐ Hand delivery
☐ Other: [________________________________]

Parties / Counsel Served:

________________________________
Signature

Printed Name: [________________________________]

Nevada Bar No.: [____________________]

Date: [__/__/____]

PRACTICE NOTES AND STATE-SPECIFIC GUIDANCE

Court Order Is Always Required in Nevada:
Nevada's N.R.C.P. 10(e) (post-2019) requires court approval for both stipulated substitutions and solo withdrawals. There is no provision for an automatic, court-order-free substitution by mutual consent alone, as exists in some other states. Always prepare and submit a Proposed Order.

The "No Automatic Continuance" Rule:
One of the most important Nevada-specific features: N.R.C.P. 10(e) expressly provides that a substituting attorney "accepts all dates and deadlines then in effect." This means new counsel cannot immediately seek continuances based on the substitution alone. Substituting attorneys should carefully review all upcoming deadlines before agreeing to substitute.

Client Must Sign the Proposed Order:
Under N.R.C.P. 10(e)(1), the proposed order for a stipulated substitution must be signed by all parties, including the client (or authorized representative). This is a frequently missed requirement. If the client's signature is unavailable, the attorney must proceed by motion under N.R.C.P. 10(e)(2) and include an affidavit with the client's last known contact information.

Post-2019 NRCP Amendments:
The Nevada Rules of Civil Procedure were comprehensively overhauled effective March 1, 2019. Any materials, forms, or guidance referencing the pre-2019 rules (including references to "EDCR" as the primary authority for substitutions) should be updated to reflect the current N.R.C.P. 10(e) framework.

Clark County (Eighth JD) — EDCR:
The Eighth Judicial District Court Rules (EDCR) supplement NRCP. EDCR 7.40 and local administrative orders may have additional requirements. Access EDCR at the Clark County Courts website: https://clarkcountycourts.us

Washoe County (Second JD):
Washoe County has its own e-filing subscription and local rules. Check https://www.washoecourts.com for current filing procedures and the subscription agreement.

eFlex 10-Day Update Obligation:
Nevada eFlex user agreements require attorneys to update case service contacts within 10 days of any change in representation. Failure to do so can result in missed service of documents after the substitution.

State Bar of Nevada Resources:

• State Bar of Nevada: https://www.nvbar.org
• Nevada Supreme Court (rules & eFlex): https://nvcourts.gov
• Nevada eFlex: https://efile.nvsupremecourt.us
• Clark County Courts: https://clarkcountycourts.us
• Washoe County Courts: https://www.washoecourts.com

Sources and References:

• N.R.C.P. 10(e) (2019): https://nvcourts.gov/__data/assets/pdf_file/0011/14330/nrcp_10.pdf
• Nevada Electronic Filing and Conversion Rules: https://www.leg.state.nv.us/courtrules/NEFCR.html
• Nevada eFlex: https://efile.nvsupremecourt.us
• State Bar of Nevada: https://www.nvbar.org