Substitution of Attorney

SUBSTITUTION OF ATTORNEY — SOUTH DAKOTA STATE COURT

JURISDICTION AND PROCEDURAL OVERVIEW

Governing Rules:
South Dakota attorney substitutions are governed by SDCL § 15-6-11(b) (South Dakota Rules of Civil Procedure), SDCL § 16-18 (attorney conduct), and South Dakota Rules of Professional Conduct 1.16. The South Dakota Unified Judicial System (UJS) operates an eFiling system (File & Serve) for circuit court filings. All documents filed through File & Serve must be in PDF format and in black-and-white format; colored documents are rejected.

Procedure:
South Dakota does not have a single statute explicitly governing attorney substitution by a simple notice. The general procedure is:

1. Consent Substitution (Most Common): When all parties — the client, withdrawing attorney, and incoming attorney — consent, a Notice of Substitution of Attorney (signed by all three) is filed with the court. A new attorney simultaneously files a Notice of Appearance or Entry of Appearance.

2. Motion to Withdraw (Court Order Required): When the client has not consented, or no incoming attorney is simultaneously appearing, the withdrawing attorney must file a Motion to Withdraw, provide notice to the client and all parties, and obtain a court order. The court may condition withdrawal on protection of the client's interests.

South Dakota State Bar Number Format: South Dakota State Bar numbers are numeric identifiers (e.g., SD Bar No. 1234). Verify current format with the State Bar of South Dakota.

UJS eFiling: The South Dakota UJS File & Serve platform accepts filings for most circuit court civil matters. Filers are responsible for completing service separately (mail, hand delivery, email, or File & Serve's service feature). After filing, update service contacts in the system.

COURT CAPTION

STATE OF SOUTH DAKOTA
IN CIRCUIT COURT
[____] JUDICIAL CIRCUIT
COUNTY OF [________________________________]

[________________________________],
Plaintiff,

v.

[________________________________],
Defendant.

Civ. No.: [____________________________]

NOTICE OF SUBSTITUTION OF ATTORNEY
AND ENTRY OF APPEARANCE OF INCOMING COUNSEL

PART I — IDENTIFICATION OF PARTIES TO SUBSTITUTION

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

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

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

PART II — NOTICE OF SUBSTITUTION

PLEASE TAKE NOTICE that, pursuant to SDCL § 15-6-11(b) and South Dakota Rules of Professional Conduct 1.16, [________________________________] (the "Party") hereby substitutes [________________________________] (SD Bar No. [____________________]) and the law firm of [________________________________] as attorney and counsel of record in the above-captioned action, in place of and substituting for [________________________________] (SD Bar 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 — ENTRY OF APPEARANCE BY INCOMING COUNSEL

(Filed simultaneously with this Notice of Substitution)

TO THE CLERK OF COURTS AND ALL PARTIES OF RECORD:

PLEASE TAKE NOTICE that [________________________________], SD Bar No. [____________________], of the law firm of [________________________________], hereby enters an appearance as counsel of record for [________________________________] (☐ Plaintiff / ☐ Defendant / ☐ Other: [________________]) in the above-captioned matter, substituting for [________________________________], SD Bar No. [____________________].

Incoming Attorney Signature: ________________________________

[________________________________]
SD Bar No.: [____________________]
[________________________________]
[________________________________], SD [____________________]
Telephone: [____________________________]
Email: [________________________________]
Date: [__/__/____]

PART IV — BASIS FOR SUBSTITUTION

Select the applicable basis:

☐ A. Consent of All Parties — Simultaneous New Appearance (No Court Order Required): The client, withdrawing attorney, and incoming attorney all consent. Incoming counsel is simultaneously entering an appearance. No court order is required.

☐ B. Client-Directed Substitution with Simultaneous New Appearance: The client has discharged existing counsel and retained new counsel, who simultaneously enters an appearance. No court order required.

☐ C. Motion to Withdraw Required (No Incoming Counsel / No Client Consent): No incoming attorney is simultaneously entering an appearance, or the client has not consented. Withdrawing attorney must file a Motion to Withdraw and obtain a court order. See Part IX.

☐ D. Stipulation / Consent Order: All parties and the court have agreed to the substitution by stipulation. See attached stipulation or consent order.

PART V — PENDING MATTERS AND DEADLINE DISCLOSURE

Withdrawing counsel must disclose all pending deadlines and hearings to incoming counsel and the client.

Statute of Limitations or Other Critical Deadline: [________________________________]

Assigned Judge: [________________________________]
Division: [________________]
Clerk of Courts Address: [________________________________]

PART VI — CLIENT CONSENT AND ACKNOWLEDGMENT

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

I understand and acknowledge the following:

☐ I have been fully informed of the status of this matter, including all pending hearings and deadlines.
☐ I have been advised of my right to seek independent legal advice before consenting to this substitution.
☐ I have received or have arranged for the transfer of my complete client file to incoming counsel.
☐ Outstanding attorney fees or costs owed to withdrawing counsel have been discussed and addressed in writing (if applicable).
☐ This substitution does not affect any attorney fee lien that withdrawing counsel may assert.
☐ I understand that substitution does not automatically extend any deadlines or stay any proceedings.
☐ I consent to service of all future notices at the address of incoming counsel listed in this Notice.

Client Printed Name: [________________________________]

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

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

PART VII — SIGNATURES OF COUNSEL

Withdrawing Attorney Declaration:

I, [________________________________], SD Bar No. [____________________], declare that I am withdrawing as counsel of record for [________________________________] in the above-captioned matter. I have complied with South Dakota Rules of Professional Conduct 1.16, have provided the client with notice of all pending deadlines and hearings, and have taken steps to protect the client's interests during this transition.

Withdrawing Attorney Signature: ________________________________
Printed Name: [________________________________]
SD Bar No.: [____________________]
Date: [__/__/____]

Incoming Attorney Declaration:

I, [________________________________], SD Bar No. [____________________], declare that I am licensed to practice law in South Dakota, 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: [________________________________]
SD Bar No.: [____________________]
Date: [__/__/____]

PART VIII — PRE-FILING CHECKLIST

Complete before filing through the SD UJS File & Serve system:

☐ UJS File & Serve account active for incoming attorney
☐ Filing in PDF format, black-and-white (color documents rejected)
☐ Correct case number and circuit court confirmed
☐ Notice of Substitution and Entry of Appearance filed simultaneously
☐ Client consent obtained and signed
☐ Withdrawing attorney has signed
☐ Incoming attorney has signed and entry of appearance included
☐ All pending deadlines and hearings disclosed to incoming counsel and client
☐ Motion to Withdraw and Proposed Order prepared if court approval required (Part IX)
☐ Service completed per SDCL § 15-6-5 (mail, hand delivery, email, or File & Serve)
☐ Service contacts updated in File & Serve after acceptance
☐ Certificate of Service completed (Part XI)
☐ Copy of Notice provided to client
☐ Client file transfer arrangements confirmed
☐ SD RPC 1.16(d) obligations met (client papers returned, unearned fees refunded)
☐ Attorney fee lien or outstanding fees addressed in writing (if applicable)
☐ SD Bar numbers verified for both attorneys on State Bar of South Dakota website

PART IX — MOTION TO WITHDRAW AND PROPOSED ORDER

(Complete only if court approval is required — no simultaneous incoming counsel or no client consent)

STATE OF SOUTH DAKOTA
IN CIRCUIT COURT
[____] JUDICIAL CIRCUIT
COUNTY OF [________________________________]

[________________________________],
Plaintiff,

v.

[________________________________],
Defendant.

Civ. No.: [____________________________]

MOTION TO WITHDRAW AS COUNSEL

[________________________________] (SD Bar No. [____________________]), counsel of record for [________________________________], respectfully moves this Court for an Order permitting withdrawal, and in support states:

1. Undersigned counsel has represented [________________________________] (☐ Plaintiff / ☐ Defendant) in this matter.

2. Good cause exists for withdrawal consistent with South Dakota Rules of Professional Conduct 1.16, as follows: [________________________________]

3. ☐ Incoming counsel [________________________________] (SD Bar No. [____________________]) will simultaneously enter an appearance on behalf of the client.
   ☐ No incoming counsel has been retained at this time. The client's last known address is: [________________________________].

4. Notice of this Motion has been provided to the client by [☐ certified mail / ☐ hand delivery / ☐ email] on [__/__/____] at: [________________________________].

5. Notice has been served on all parties of record per SDCL § 15-6-5.

6. The following pending deadlines may be affected by withdrawal:
   [________________________________]

7. Withdrawal [☐ will / ☐ will not] result in prejudice to the client or delay to the proceedings.

WHEREFORE, undersigned counsel respectfully requests that this Court enter an Order granting withdrawal of appearance.

Respectfully submitted,

________________________________
[________________________________], SD Bar No.: [____________________]
[________________________________]
[________________________________], SD [____________________]
Telephone: [____________________________]
Email: [________________________________]
Date: [__/__/____]

ORDER GRANTING WITHDRAWAL [AND SUBSTITUTION] OF COUNSEL

THIS MATTER came before the Court on the Motion of [________________________________] to withdraw as counsel for [________________________________], and the Court, having reviewed the Motion and any response, and finding good cause:

IT IS HEREBY ORDERED that:

1. The Motion to Withdraw as Counsel is GRANTED.

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

3. ☐ [________________________________] (SD Bar No. [____________________]) is substituted as attorney of record for [________________________________].
   ☐ [________________________________] shall proceed as a self-represented party. All future notices shall be sent to: [________________________________].

4. [Additional conditions, including any continuance or deadline modification: ________________________________]

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

________________________________
Circuit Court Judge
[____] Judicial Circuit, [________________________________] County

PART X — SOURCES AND REFERENCES

• South Dakota Rules of Civil Procedure (SDCL § 15-6 et seq.): https://sdlegislature.gov/Statutes/15-6
• SDCL § 16-18 (Attorney Conduct): https://sdlegislature.gov/Statutes/16-18
• South Dakota Rules of Professional Conduct 1.16: https://www.sdjudiciary.com/
• South Dakota UJS eFiling (File & Serve): https://ujs.sd.gov/for-attorneys/e-filing/
• South Dakota UJS eFiling Guidelines: https://ujs.sd.gov/media/bymlzg3c/e_filing_guidelines.pdf
• State Bar of South Dakota: https://www.statebarofsouthdakota.com/
• SD UJS Attorney Forms: https://ujs.sd.gov/for-attorneys/attorney-forms/

PART XI — CERTIFICATE OF SERVICE

I, [________________________________], SD Bar No. [____________________], 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), pursuant to SDCL § 15-6-5(b):

☐ SD UJS File & Serve — Electronic service to registered participants
☐ Email (with consent): [________________________________]
☐ First-Class U.S. Mail, postage prepaid
☐ Hand Delivery
☐ Certified Mail, Return Receipt Requested
☐ Other: [________________________________]

Persons Served:

Signature: ________________________________

Printed Name: [________________________________]
SD Bar No.: [____________________]
Date: [__/__/____]

PRACTICE NOTES FOR SOUTH DAKOTA ATTORNEYS

UJS File & Serve Requirements: All documents must be submitted in PDF format and must be in black and white. Color documents will be rejected. File names should be descriptive and follow any UJS naming conventions. Attorneys are responsible for completing service on all parties; File & Serve service is an option but must be confirmed as reaching all required recipients.

Simultaneous Entry of Appearance: To accomplish substitution without a court order, the entry of appearance by incoming counsel must be filed simultaneously — in the same filing package or at the same time — as the notice of withdrawal. Confirm docket entries reflect both filings on the same date.

Judicial Circuit Caption: South Dakota has seven judicial circuits. Identify the correct circuit for the county in which the action is pending and include it in the caption.

Assigned Judge: South Dakota circuit judges are assigned to cases. Where possible, note the assigned judge on the filing to facilitate routing and any necessary judicial scheduling.

SD RPC 1.16(d) Obligations: South Dakota Rules of Professional Conduct 1.16 require withdrawing counsel to take steps to protect the client's interests, including providing reasonable notice, returning client papers and property, and refunding unearned fees. These obligations are not waivable by any fee dispute.

Deadlines Not Extended: Substitution of counsel does not automatically extend or toll any deadlines. If incoming counsel needs additional time, a motion for continuance or extension should be filed promptly.

Pro Hac Vice Counsel: Out-of-state attorneys wishing to appear pro hac vice in South Dakota circuit courts must comply with South Dakota's admission rules and must associate with South Dakota-licensed counsel.

State Bar of South Dakota Verification: Verify Bar numbers and active license status for both attorneys through the State Bar of South Dakota's online directory before filing.

This template was last updated March 6, 2026. South Dakota court rules and UJS eFiling procedures change periodically. Always verify current SDCL provisions, UJS eFiling Guidelines, and State Bar requirements before use.