Substitution of Attorney

SUBSTITUTION OF ATTORNEY — OKLAHOMA STATE COURT

JURISDICTION OVERVIEW AND FILING NOTES

Court System: Oklahoma District Courts (77 county district courts organized into 26 judicial districts), Court of Civil Appeals, Court of Criminal Appeals, and Oklahoma Supreme Court. District Courts handle most civil and felony criminal matters. Oklahoma County District Court (Oklahoma City) and Tulsa County District Court are the largest.

E-Filing System: Oklahoma uses OSCN e-filing (Oklahoma State Courts Network) as the primary electronic filing system for district court matters. Access at: https://efile.oscn.net. The Oklahoma Court Information System (OCIS) is the related case management system. Electronic filing is mandatory in most Oklahoma District Courts for attorneys. ODCR (Oklahoma District Courts Records) provides public case lookup.

OBA Number (Oklahoma Bar Association Number):
All attorneys licensed in Oklahoma are assigned an OBA number by the Oklahoma Bar Association (e.g., OBA No. 12345). This number must appear on all court filings, including the entry of appearance, substitution notice, and all pleadings. Verify attorney status at: https://www.okbar.org/members/memberlookup/

Governing Statute — 12 O.S. § 2005.2:
This is the primary statutory authority for attorney appearance, withdrawal, and change of counsel in Oklahoma.

• Entry of appearance: New counsel must immediately file an entry of appearance when a party changes, adds, or substitutes counsel.
• Required information: The entry of appearance must include the attorney's name and signature, the party represented, mailing address, telephone and fax numbers, OBA number, and law firm name.
• Withdrawal: No counsel may withdraw from a pending case without leave of the court.
• Motion to withdraw requirements: All motions to withdraw must be accompanied by a proposed order.
• 30-day re-appearance requirement: If the court grants withdrawal and no new counsel enters an appearance within 30 days, the party (other than a corporation) is deemed to be proceeding pro se.
• Corporation rule: A corporation or other entity cannot appear pro se; it must be represented by counsel. If a corporation's attorney withdraws, the court may hold the entity in default or dismiss if new counsel is not obtained.

Court Approval Required:
Under Oklahoma District Court Rule 4 and 12 O.S. § 2005.2, court approval (an order from the judge) is required for withdrawal. This applies even to consensual substitutions. A proposed order must accompany the motion or notice. The court will issue the order allowing withdrawal and requiring new counsel to appear within 30 days if no substitution is filed simultaneously.

COURT CAPTION

IN THE DISTRICT COURT OF [____________________] COUNTY
STATE OF OKLAHOMA

[________________________________],
Plaintiff / Petitioner,

vs.

[________________________________],
Defendant / Respondent.

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

Judge: [________________________________]

Division: [____]

MOTION FOR LEAVE TO WITHDRAW AND SUBSTITUTION OF COUNSEL

(Pursuant to 12 O.S. § 2005.2 and Oklahoma District Court Rule 4)

COMES NOW [________________________________], OBA No. [____________________] (the "Withdrawing Attorney"), counsel of record for [________________________________] (the "Party"), as [☐ Plaintiff / Petitioner ☐ Defendant / Respondent ☐ Third-Party Defendant ☐ Counter-Claimant ☐ Other: [________________]], and hereby moves this Court pursuant to 12 O.S. § 2005.2 and Oklahoma District Court Rule 4 for leave to withdraw as counsel of record, and simultaneously files the Entry of Appearance of [________________________________], OBA No. [____________________], of [________________________________], as substituting counsel for the Party.

In support hereof, the Withdrawing Attorney states as follows:

1. The Withdrawing Attorney has represented the Party in this matter since [__/__/____].

2. The Party has consented to the withdrawal of the Withdrawing Attorney and the substitution of incoming counsel, as evidenced by the Party's signed Consent attached hereto as Exhibit A.

3. Substituting counsel [________________________________] has filed an Entry of Appearance simultaneously herewith.

4. The Withdrawing Attorney has provided substituting counsel with the complete case file, including all pleadings, orders, correspondence, and discovery materials.

5. This substitution will not cause undue delay or prejudice to any party.

WHEREFORE, the Withdrawing Attorney respectfully requests that this Court enter an Order: (a) granting leave to withdraw as counsel of record for the Party; (b) acknowledging the substitution of [________________________________] as counsel; and (c) ordering such other relief as the Court deems appropriate.

SECTION 1: ENTRY OF APPEARANCE — SUBSTITUTING ATTORNEY

(File simultaneously with or immediately upon filing the Motion for Leave to Withdraw)

ENTRY OF APPEARANCE

COMES NOW [________________________________] and hereby enters an appearance as attorney of record for [________________________________] in the above-captioned matter.

SECTION 2: WITHDRAWING ATTORNEY INFORMATION

Withdrawing Attorney Declaration:

I, [________________________________], OBA No. [____________________], declare:

1. I have represented [________________________________] in this matter since [__/__/____].

2. I have obtained the Party's written consent to this withdrawal and substitution, attached as Exhibit A.

3. I have provided substituting counsel with all pleadings, court orders, discovery materials, correspondence, expert reports, and all other relevant case materials.

4. I have provided substituting counsel with a written list of all pending deadlines, scheduled hearing dates, and any scheduling order currently in effect.

5. I have complied with Oklahoma Rules of Professional Conduct 1.16(d) regarding the return of all client property, files, and unearned fees.

6. All client trust funds, if any, have been properly accounted for and disbursed in accordance with Oklahoma IOLTA rules.

7. The Party's last known contact information for service of any further notices is:
   - Address: [________________________________]
   - Phone: ([____]) [____]-[________]
   - Email: [________________________________]

☐ I assert no retaining lien. The complete client file has been transferred to substituting counsel and/or the client.

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

SECTION 3: CLIENT CONSENT — EXHIBIT A

(Attach as Exhibit A; this section may be incorporated directly if the client signs below)

CONSENT TO SUBSTITUTION OF COUNSEL

I, [________________________________], the undersigned [☐ individual party ☐ authorized representative (title: [________________]) of [________________________________] (an Oklahoma [☐ corporation ☐ LLC ☐ partnership ☐ other entity])], hereby:

1. Consent to the withdrawal of [________________________________], OBA No. [____________________], as my attorney of record in the above-captioned matter;

2. Consent to the substitution of [________________________________], OBA No. [____________________], of [________________________________], as my new attorney of record;

3. Acknowledge that I have been informed of all pending deadlines, hearing dates, the requirement that new counsel enter an appearance, and the consequences of failing to obtain counsel (including potential default or dismissal for entities);

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

5. Authorize [________________________________] to take all actions necessary and appropriate on my behalf in all further proceedings in this matter.

SECTION 4: PENDING DEADLINES AND CASE POSTURE

Status Flags:

☐ Trial date has been set. This substitution will not cause delay.
☐ Trial date has NOT been set.
☐ A scheduling order is in effect. A copy has been provided to substituting counsel.
☐ A TRO or preliminary injunction is in force.
☐ Expert witnesses have been designated; substituting counsel has received all reports.
☐ This matter is a criminal case. See Practice Notes re: additional requirements.
☐ The Party is a corporation / entity. New counsel must appear within 30 days or default may be entered per 12 O.S. § 2005.2.
☐ No pending hearings or deadlines at this time.

SECTION 5: SIGNATURE BLOCKS

Withdrawing Attorney

Signature: ________________________________

Printed Name: [________________________________]

OBA No.: [____________________]

Law Firm: [________________________________]

Date: [__/__/____]

Substituting Attorney (Entry of Appearance)

Signature: ________________________________

Printed Name: [________________________________]

OBA No.: [____________________]

Law Firm: [________________________________]

Date: [__/__/____]

Client / Authorized Representative

Signature: ________________________________

Printed Name: [________________________________]

Title (if entity): [________________________________]

Date: [__/__/____]

SECTION 6: PROPOSED ORDER

(Required under Oklahoma District Court Rule 4 — must accompany all motions to withdraw)

IN THE DISTRICT COURT OF [____________________] COUNTY
STATE OF OKLAHOMA

[________________________________] vs. [________________________________]

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

ORDER GRANTING WITHDRAWAL AND APPROVING SUBSTITUTION OF COUNSEL

THE COURT, having considered the Motion for Leave to Withdraw and Substitution of Counsel filed by [________________________________], OBA No. [____________________], together with the Entry of Appearance of [________________________________], OBA No. [____________________], and the consent of the Party; and good cause appearing:

IT IS HEREBY ORDERED that:

1. [________________________________], OBA No. [____________________], of [________________________________], is hereby GRANTED leave to withdraw as attorney of record for [________________________________], the [☐ Plaintiff / Petitioner ☐ Defendant / Respondent] in the above-captioned matter, effective the date of this Order;

2. [________________________________], OBA No. [____________________], of [________________________________], having filed an Entry of Appearance, is hereby acknowledged as attorney of record for [________________________________];

3. All existing scheduling orders, discovery deadlines, and hearing dates shall remain in full force and effect. No continuances are granted by virtue of this Order;

4. In the event no attorney has entered an appearance on behalf of [________________________________] within thirty (30) days from the date of this Order, then:
   - (If an individual): [________________________________] shall be deemed to be proceeding pro se; OR
   - (If a corporation/entity): The Court may enter default or dismiss this matter as appropriate; AND

5. The Clerk of the District Court shall update the docket and OSCN/OCIS records to reflect the change in counsel.

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

________________________________
[________________________________], District Judge
District Court of [____________________] County, Oklahoma

Approved as to form:

________________________________
Withdrawing Attorney / OBA No. [____________________]

________________________________
Substituting Attorney / OBA No. [____________________]

SECTION 7: PRE-FILING COMPLIANCE CHECKLIST

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

Document Preparation:

☐ Motion for Leave to Withdraw prepared and signed by withdrawing attorney
☐ Entry of Appearance prepared and signed by substituting attorney
☐ Client Consent (Exhibit A) signed by client / authorized representative
☐ Proposed Order prepared (required under Dist. Ct. Rule 4)
☐ Certificate of Service prepared
☐ Confirmed OBA numbers for both attorneys at https://www.okbar.org

File Transfer (Withdrawing Attorney):

☐ Provided client with complete copy of the case file
☐ Returned all original documents and property to client
☐ Accounted for all IOLTA / trust account funds; disbursed unearned fees
☐ Provided substituting counsel with all pleadings, motions, and orders
☐ Provided substituting counsel with all discovery (received and produced)
☐ Provided substituting counsel with all expert reports and designations
☐ Provided substituting counsel with written calendar of all pending deadlines
☐ Complied with Oklahoma RPC 1.16(d) in all respects

OSCN E-Filing Tasks:

☐ Logged into OSCN e-filing system at https://efile.oscn.net
☐ Located case by case number / party name
☐ Selected correct document type:

• "Motion for Leave to Withdraw" (or "Motion for Substitution of Counsel")
• "Entry of Appearance" (for substituting attorney — file separately or simultaneously)
• "Proposed Order" (attach to motion)
  ☐ Uploaded all signed documents as PDFs
  ☐ Updated OSCN service list (add substituting attorney's email; remove withdrawing attorney)
  ☐ Obtained and retained OSCN filing confirmation / transaction ID
  ☐ Served non-OSCN-registered parties by U.S. mail per 12 O.S. § 2005

SECTION 8: CERTIFICATE OF SERVICE

I, [________________________________], OBA No. [____________________], hereby certify that on [__/__/____], I caused a true and correct copy of the foregoing Motion for Leave to Withdraw and Substitution of Counsel [Entry of Appearance and Proposed Order] to be served upon all counsel of record and unrepresented parties in this matter by the following method(s), pursuant to 12 O.S. § 2005:

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

Parties / Counsel Served:

________________________________
Signature

Printed Name: [________________________________]

OBA No.: [____________________]

Date: [__/__/____]

PRACTICE NOTES AND STATE-SPECIFIC GUIDANCE

Court Approval Is Mandatory in Oklahoma:
Unlike states where mutual consent substitution is effective without court involvement, Oklahoma requires a court order for any withdrawal from a pending case. 12 O.S. § 2005.2 is clear: no counsel may withdraw without leave of the court. This applies even when both the client and incoming counsel agree. Always prepare a Proposed Order and submit it with the motion.

Entry of Appearance Is Separate and Mandatory:
When new counsel substitutes in, a separate Entry of Appearance must be filed immediately. The entry of appearance must include the attorney's name, OBA number, firm name, mailing address, telephone number, fax number, and the name of the party represented. This is required by 12 O.S. § 2005.2 and Oklahoma District Court rules.

The 30-Day Rule for Unrepresented Parties:
If withdrawal is granted and no new counsel appears within 30 days, unrepresented individuals are deemed to be acting pro se. For corporations and other entities that cannot appear pro se, the court may enter default judgment against a defendant-entity or dismiss the claims of a plaintiff-entity. Ensure the client understands this risk, particularly if they are an entity.

Criminal Matters:
In criminal cases, Oklahoma courts apply different rules for withdrawal of counsel. Defense counsel must obtain court approval, and the right to counsel (constitutional and statutory) is paramount. Courts are generally more restrictive about granting withdrawal close to trial in criminal matters. Consult the Oklahoma Uniform Criminal Jury Instructions and relevant criminal procedural rules for criminal cases.

OSCN E-Filing:
Oklahoma's OSCN e-filing system (https://efile.oscn.net) covers most District Courts. OSCN provides a web-based interface for filing and service. After the Order is entered, update the OSCN service contact list immediately to ensure proper service going forward. Some smaller counties may still accept paper filings — confirm with the specific court.

OBA Number Verification:
The Oklahoma Bar Association maintains a searchable member directory at https://www.okbar.org/members/memberlookup/. Both the withdrawing and substituting attorneys' OBA numbers should be verified as active and in good standing before filing.

Local Court Rules — Oklahoma County and Tulsa County:
Oklahoma County (Oklahoma City) District Court and Tulsa County District Court have official local rules. Oklahoma County Court Rules are available at: https://www.oklahomacounty.org. These local rules may impose additional procedural requirements for scheduling hearing on the motion to withdraw. Check whether the assigned judge requires a hearing or will rule on the motion without oral argument.

Oklahoma Bar Association Resources:

• OBA: https://www.okbar.org
• Member Lookup: https://www.okbar.org/members/memberlookup/
• OSCN E-Filing: https://efile.oscn.net
• OSCN Case Lookup: https://www.oscn.net
• Oklahoma County Court Rules: https://www.oklahomacounty.org/elected-offices/court-clerk/e-filing

Sources and References:

• 12 O.S. § 2005.2: https://law.justia.com/codes/oklahoma/title-12/section-12-2005-2/
• OSCN E-Filing User Guide: https://efile.oscn.net/docs/eFiling%20User%20Guide%20-%20Filer%20Interface.pdf
• Oklahoma District Court Rule 4 (Appearance / Withdrawal): https://www.oscn.net/applications/oscn/DeliverDocument.asp?CiteID=73509
• OSCN Case Lookup: https://www.oscn.net
• Oklahoma Bar Association: https://www.okbar.org