Substitution of Attorney

SUBSTITUTION OF ATTORNEY — OREGON STATE COURT

JURISDICTION AND PROCEDURAL OVERVIEW

Governing Rules:
Oregon attorney substitutions are governed by ORS 9.380, Uniform Trial Court Rule (UTCR) 3.140, and Oregon Rules of Professional Conduct (RPC) 1.16. The Oregon Judicial Department (OJD) eFiling system (File & Serve via Odyssey) is the mandatory e-filing platform for most Oregon circuit courts. OJD eFiling codes include "Notice - Substitution of Attorney (NOSA)" and "Substitution of Attorney (SBAT)."

Two Pathways for Substitution:

1. Consent-Based (No Court Order Required): Under ORS 9.380(1), an attorney may withdraw upon filing a consent with the clerk or entering it in the appropriate court record, if all parties consent. If a new attorney simultaneously enters an appearance, withdrawal may be effective without a separate court order.

2. Court Order Required: Under ORS 9.380(2), if there is no consent of the client or if the case is pending and no substitute counsel simultaneously appears, the withdrawing attorney must seek a court order. UTCR 3.140 sets the requirements for such an application, including providing the client's name, address, and telephone number; the name of any new attorney; notice of all pending hearings and deadlines; and the attorney's fax number and email address. Notice must be provided to the client and all parties of record.

Pending Deadlines: The withdrawing attorney remains responsible for all obligations until the substitution is effective. New counsel must immediately review all scheduling orders, discovery cutoffs, trial dates, and pending motions.

OSB Bar Number Format: Oregon State Bar numbers are typically six digits (e.g., OSB No. 123456).

COURT CAPTION

IN THE CIRCUIT COURT OF THE STATE OF OREGON
FOR THE COUNTY OF [________________________________]

[________________________________],
Plaintiff,

v.

[________________________________],
Defendant.

Case No.: [____________________________]

NOTICE OF SUBSTITUTION OF ATTORNEY AND
[WITHDRAWAL OF APPEARANCE / ENTRY OF APPEARANCE]

PART I — IDENTIFICATION OF PARTIES TO SUBSTITUTION

Party Represented:
Name: [________________________________]
Role in Case: ☐ Plaintiff ☐ Defendant ☐ Third-Party Plaintiff ☐ Third-Party Defendant ☐ Other: [________________]

Withdrawing Attorney:
Full Name: [________________________________]
Oregon State Bar No.: [____________________]
Firm Name: [________________________________]
Street Address: [________________________________]
City, State, ZIP: [________________________________]
Telephone: [____________________________]
Fax: [____________________________]
Email: [________________________________]

Incoming (Substituting) Attorney:
Full Name: [________________________________]
Oregon State Bar No.: [____________________]
Firm Name: [________________________________]
Street Address: [________________________________]
City, State, ZIP: [________________________________]
Telephone: [____________________________]
Fax: [____________________________]
Email: [________________________________]

PART II — NOTICE OF SUBSTITUTION

PLEASE TAKE NOTICE that, pursuant to ORS 9.380 and UTCR 3.140, [________________________________] (the "Party") hereby substitutes [________________________________] (OSB No. [____________________]) and the law firm of [________________________________] as attorney and counsel of record in the above-captioned action, in place of and substituting for [________________________________] (OSB No. [____________________]) and the law firm of [________________________________], effective upon the filing of this Notice [or upon entry of the accompanying Proposed Order].

All future pleadings, motions, notices, correspondence, and other papers in this action should be directed to incoming counsel at the address set forth above.

PART III — NATURE OF SUBSTITUTION

Select the applicable basis for this substitution:

☐ A. Mutual Consent (No Court Order Required): The client, withdrawing attorney, and incoming attorney all consent to this substitution. Incoming counsel is simultaneously entering an appearance. This substitution does not delay any stage of the litigation. No court order is required pursuant to ORS 9.380(1).

☐ B. Client Request / Attorney-Initiated With Simultaneous New Appearance: The client has discharged withdrawing attorney and has retained incoming counsel, who is simultaneously entering an appearance. Good cause exists for withdrawal consistent with Oregon RPC 1.16.

☐ C. Court Order Required (Attach Proposed Order): No substitute attorney is simultaneously entering an appearance, OR the client has not consented. Withdrawing attorney is applying for leave of court pursuant to ORS 9.380(2) and UTCR 3.140. See Proposed Order (Part VIII) below.

PART IV — PENDING MATTERS AND DEADLINE DISCLOSURE

Required by UTCR 3.140. The withdrawing attorney must disclose all pending deadlines and hearings.

☐ No pending hearings or deadlines within the next 60 days (explain if checked): [________________________________]

Statute of Limitations / Other Jurisdictional Deadline Note: [________________________________]

PART V — CLIENT CONSENT AND ACKNOWLEDGMENT

I, [________________________________], the undersigned client, hereby consent to and authorize the substitution of [________________________________] (OSB No. [____________________]) as my attorney of record in the above-captioned matter in place of [________________________________] (OSB No. [____________________]).

I understand that:

☐ I have been advised of all pending deadlines and hearings in this matter.
☐ I have been informed of my right to seek independent advice before consenting to this substitution.
☐ Withdrawing counsel has advised me regarding my file and the status of my case.
☐ I have arranged for or consented to the transfer of my file to incoming counsel.
☐ Fees and costs owed to withdrawing counsel have been addressed separately in writing (if applicable).
☐ This substitution does not affect any lien or claim withdrawing counsel may have for fees and costs incurred.

Client Printed Name: [________________________________]

Client Signature: ________________________________ Date: [__/__/____]

If signed by authorized representative:
Capacity: [________________________________] (e.g., Guardian, Corporate Officer, Trustee)

PART VI — SIGNATURES OF COUNSEL

Withdrawing Attorney Declaration:

I, [________________________________], declare under penalty of perjury under the laws of the State of Oregon that I am licensed to practice law in Oregon (OSB No. [____________________]), that I have provided the client with all information required by UTCR 3.140 and Oregon RPC 1.16(d), that I have disclosed all pending deadlines and hearings, and that I consent to / support this substitution.

Withdrawing Attorney Signature: ________________________________

Printed Name: [________________________________]
Date: [__/__/____]

Incoming (Substituting) Attorney Declaration:

I, [________________________________], declare that I am licensed to practice law in Oregon (OSB No. [____________________]), that I am entering my appearance as attorney of record for [________________________________] in the above-captioned matter, and that I have reviewed the case status and am prepared to assume full responsibility.

Incoming Attorney Signature: ________________________________

Printed Name: [________________________________]
Date: [__/__/____]

PART VII — PRE-FILING CHECKLIST

Complete before filing with the OJD eFiling system:

☐ Correct OJD eFiling code selected: "NOSA" (Notice - Substitution of Attorney) or "SBAT" (Substitution of Attorney)
☐ Case number verified in Odyssey File & Serve
☐ All parties' service contacts updated in Odyssey File & Serve after filing
☐ Client consent obtained and signed
☐ Withdrawing attorney has signed
☐ Incoming attorney has signed
☐ All pending deadlines and hearings disclosed (UTCR 3.140)
☐ Client's last known address on file with clerk (if no new attorney simultaneously appearing)
☐ Proposed Order prepared if court approval required (Part VIII)
☐ Certificate of Service completed (Part X)
☐ Copy of this Notice sent to client
☐ Client file transfer arrangements confirmed
☐ Any attorney fee lien or outstanding fees addressed in writing
☐ OSB numbers verified for both attorneys
☐ Local Supplemental Local Rules (SLRs) for [________________] County reviewed for additional requirements
☐ Oregon RPC 1.16(d) obligations met (papers returned, advance fees refunded if unearned)

PART VIII — PROPOSED ORDER

(Complete only if court approval is required — i.e., no simultaneous new appearance or client has not consented)

IN THE CIRCUIT COURT OF THE STATE OF OREGON
FOR THE COUNTY OF [________________________________]

[________________________________],
Plaintiff,

v.

[________________________________],
Defendant.

Case No.: [____________________________]

ORDER GRANTING SUBSTITUTION OF ATTORNEY /
WITHDRAWAL OF COUNSEL

THIS MATTER came before the Court on the Application of [________________________________] (OSB No. [____________________]) to withdraw as counsel of record for [________________________________] and to permit [________________________________] (OSB No. [____________________]) to substitute as incoming counsel [or, if no new counsel: and to permit the party to proceed pro se].

The Court, having considered the application and any response, and good cause appearing:

IT IS HEREBY ORDERED that:

1. The Application to Withdraw and Substitute Counsel is GRANTED.

2. [________________________________] (OSB No. [____________________]) is withdrawn as counsel of record for [________________________________], effective immediately upon entry of this Order.

3. [________________________________] (OSB No. [____________________]), of [________________________________], is substituted as attorney of record for [________________________________] in the above-captioned matter [OR: [________________________________] shall proceed as a self-represented party].

4. All future notices, pleadings, and correspondence shall be directed to incoming counsel [or to the party] at the address shown in the Notice of Substitution.

5. [Additional terms, if any: ________________________________]

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

________________________________
Circuit Court Judge
[________________________________] County Circuit Court

PART IX — SOURCES AND REFERENCES

• ORS 9.380: https://oregon.public.law/statutes/ors_9.380
• Oregon Uniform Trial Court Rules (UTCR 3.140): https://www.courts.oregon.gov/rules/UTCR/
• Oregon Rules of Professional Conduct 1.16: https://www.osbar.org/
• OJD eFiling (Odyssey File & Serve): https://oregon.tylerhost.net/ofsweb
• OJD eFiling Standards and Filing Code List: https://www.courts.oregon.gov/services/online/Pages/eFile.aspx
• Oregon Rules of Civil Procedure (ORCP): https://www.oregonlegislature.gov/bills_laws/Pages/orcp.aspx

PART X — CERTIFICATE OF SERVICE

I, [________________________________], hereby certify that on [__/__/____], I caused a true and correct copy of the foregoing Notice of Substitution of Attorney to be served upon all parties and counsel of record in the above-captioned matter by the following method(s), consistent with ORCP 9:

☐ Oregon OJD eFiling / Odyssey File & Serve (electronic service to registered filers)
☐ Email (to parties or counsel who have consented to email service): [________________________________]
☐ First-Class U.S. Mail, postage prepaid
☐ Hand Delivery
☐ Other: [________________________________]

Persons Served:

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

Signature: ________________________________

Printed Name: [________________________________]
Date: [__/__/____]

PRACTICE NOTES FOR OREGON ATTORNEYS

OJD eFiling: Oregon circuit courts use Odyssey File & Serve for mandatory e-filing. After the substitution is filed and accepted, immediately update the service contacts within the system so that all future notifications go to incoming counsel, not withdrawing counsel.

UTCR 3.140 Compliance: When court approval is required, the application must include the client's name, current address, and telephone number; the name of any new attorney; notice of all pending hearings and deadlines; and withdrawing counsel's contact information. Failure to include required information may result in denial.

County-Level Supplemental Local Rules (SLRs): Each Oregon county may have additional requirements. Review the applicable SLRs (available at courts.oregon.gov) before filing, particularly in Multnomah, Washington, Lane, and Marion counties.

Client File Transfer (RPC 1.16(d)): Withdrawing counsel must promptly deliver client papers, property, and unearned funds to the client or new counsel upon termination of representation, regardless of any fee dispute. A lien for unpaid fees does not entitle counsel to withhold documents needed by the client.

Pending Deadlines: Substitution does not automatically extend any deadlines. If pending deadlines cannot be met by incoming counsel, a motion for continuance should be filed simultaneously or promptly after the substitution.

Pro Hac Vice Counsel: Out-of-state attorneys appearing pro hac vice must comply with Oregon Bar's pro hac vice admission requirements (ORS 9.241) in addition to this substitution procedure.

This template was last updated March 6, 2026. Oregon court rules change periodically. Always verify current UTCR, ORCP, and RPC provisions before use.