Substitution of Attorney

SUBSTITUTION OF ATTORNEY — WYOMING DISTRICT COURT

WYOMING PROCEDURAL OVERVIEW

Governing Rule: W.R.C.P. 83.6 of the Wyoming Rules of Civil Procedure governs withdrawal of counsel in Wyoming District Court civil proceedings. Wyoming's rules also address substitution through the Uniform Rules for District Courts. Wyoming's Rules of Civil Procedure were updated in August 2024 and apply to District Court matters statewide.

Consent-Based Substitution (No Court Order Required):
When the client consents and a substitute attorney is entering an appearance, a signed notice of substitution filed with the court is generally sufficient. The substitution becomes effective upon filing. All parties (withdrawing attorney, substituting attorney, and client) should sign.

Court Approval Required:
Court approval via motion is required when: (a) the client does not consent or cannot be located; (b) a trial date, dispositive motion hearing, or other critical deadline is imminent; (c) no substitute counsel is entering an appearance; or (d) the presiding judge's standing orders require it.

Wyoming State Bar Number (WSB): All Wyoming-licensed attorneys are assigned a Wyoming State Bar number. Format: numeric (e.g., WSB No. 7-1234 or WSB No. 7-XXXX — Wyoming uses a "7-" prefix convention; confirm your number format). Verify good standing at wyomingbar.org.

E-Filing — File & ServeXpress (FSX) / Tyler Odyssey: Wyoming District Courts use electronic filing through File and ServeXpress (FSX) for district court matters (fileandservexpress.com/wyoming). Chancery Court cases also use FSX. The Wyoming Rules for Electronic Filing and Service in District Courts (2024) govern all e-filing procedures. Attorneys must be registered in FSX to file electronically. Update service contacts in FSX after filing.

Wyoming Chancery Court: Wyoming has a specialized Chancery Court for complex business disputes. If your matter is in Chancery Court, confirm any Chancery-specific rules for substitution of counsel.

Service: Serve all parties per W.R.C.P. 5(b) upon filing.

COURT CAPTION

IN THE DISTRICT COURT, [____] JUDICIAL DISTRICT
STATE OF WYOMING
[________________________________] COUNTY

[________________________________],
Plaintiff,

vs.

[________________________________],
Defendant.

Civil Action No.: [____________________________]
[________________________________] District
Honorable [________________________________], Presiding

NOTICE OF SUBSTITUTION OF ATTORNEY

[Select one pathway — delete the other before filing]

PATHWAY A: CONSENT SUBSTITUTION (No Court Order Required)

Pursuant to W.R.C.P. 83.6 and the Wyoming Rules of Professional Conduct, [________________________________] (the "Party") hereby provides notice that [________________________________], Wyoming State Bar No. [________], of [________________________________], is substituted as attorney of record in place of [________________________________], Wyoming State Bar No. [________], of [________________________________], effective [__/__/____].

The client has consented to this substitution as indicated by signature below. No pending trial date or critical deadline prevents the substitution from taking effect upon filing. This notice is effective upon filing through the Wyoming File and ServeXpress e-filing system.

PATHWAY B: MOTION FOR WITHDRAWAL / SUBSTITUTION REQUIRING COURT ORDER

(Use when client has not consented, trial is imminent, or no substitute is available)

[________________________________] (the "Withdrawing Attorney"), Wyoming State Bar No. [________], hereby moves this Court pursuant to W.R.C.P. 83.6 and Wyoming RPC 1.16 for an Order approving withdrawal [and substitution] of counsel in the above-captioned civil action.

Grounds for withdrawal:
☐ Client has discharged counsel
☐ Irreconcilable breakdown of attorney-client relationship
☐ Client has failed to pay fees after [____] days' written notice and demand
☐ Client cannot be located despite diligent efforts (describe below)
☐ Conflict of interest has arisen that cannot be waived
☐ Continued representation would violate Wyoming RPC or applicable law
☐ Other: [________________________________]

Description of circumstances (for court approval):
[________________________________]

Court approval is required because:
☐ Client has not provided written consent to this withdrawal
☐ Client's location is unknown; diligent search conducted on [__/__/____]
☐ Trial is set for [__/__/____] and new counsel needs additional preparation time
☐ Dispositive motion hearing set for [__/__/____] on: [________________________________]
☐ No substitute attorney is available — Party will be unrepresented
☐ Court's standing order requires approval for all counsel changes
☐ Other: [________________________________]

PARTY INFORMATION

Party Being Represented:
Name: [________________________________]
Role in Case: ☐ Plaintiff ☐ Defendant ☐ Third-Party Plaintiff ☐ Third-Party Defendant ☐ Cross-Claimant ☐ Petitioner ☐ Respondent ☐ Intervenor ☐ Other: [____________]
Address: [________________________________]
City, State, Zip: [________________________________]
Phone: [____________________________]
Email: [________________________________]

WITHDRAWING ATTORNEY INFORMATION

Full Name: [________________________________]
Wyoming State Bar No.: [________]
Firm Name: [________________________________]
Street Address: [________________________________]
City, State, Zip: [________________________________], Wyoming [________]
Phone: ([____]) [____]-[________]
Fax: ([____]) [____]-[________]
Email: [________________________________]
FSX e-Filing ID / Account: [________________________________]

Certification of Withdrawing Attorney:
I, [________________________________], WSB No. [________], certify that:

☐ I have provided the client with written notice of this withdrawal/substitution and its effective date, by [☐ mail ☐ email ☐ personal delivery ☐ certified mail] on [__/__/____].
☐ I have provided or will provide the client all client files, documents, and property within [____] days consistent with Wyoming RPC 1.16(d).
☐ I have provided or will provide substituting counsel (or the client, if no substitute) with a written summary of all pending motions, deadlines, hearing dates, discovery obligations, expert disclosures, and case status.
☐ All client trust funds are properly accounted for and will be transferred promptly.
☐ I have not conditioned return of client property on payment of outstanding fees.
☐ I have updated or will update FSX to remove my appearance and update service contacts.

SUBSTITUTING ATTORNEY INFORMATION

(Complete for Pathway A — Consent Substitution; omit if no substitute in Pathway B)

Full Name: [________________________________]
Wyoming State Bar No.: [________]
Firm Name: [________________________________]
Street Address: [________________________________]
City, State, Zip: [________________________________], Wyoming [________]
Phone: ([____]) [____]-[________]
Fax: ([____]) [____]-[________]
Email: [________________________________]
FSX e-Filing ID / Account: [________________________________]

Certification of Substituting Attorney:
I, [________________________________], WSB No. [________], certify that:

☐ I am an active member in good standing of the Wyoming State Bar.
☐ I have reviewed the case file and am familiar with the current status of this matter.
☐ I am able to comply with all existing scheduling orders and pending deadlines in this matter.
☐ I have registered my appearance in the FSX e-filing system for this case.
☐ I have updated FSX service contacts to add my information and remove withdrawing counsel.
☐ I am not aware of any conflict of interest precluding my representation.

(Pro Hac Vice, if applicable):
☐ I am admitted pro hac vice in this matter. My Wyoming sponsoring attorney is: [________________________________], WSB No. [________].

CLIENT CONSENT AND AUTHORIZATION

(Required for Pathway A; for Pathway B, attach documentation of written notice to client)

I, [________________________________], the undersigned party, hereby:

1. Acknowledge that I have been fully informed of my right to select and change legal counsel at any time;

2. Consent to the withdrawal of [________________________________], WSB No. [________], as my attorney of record in the above-captioned matter;

3. Authorize [________________________________], WSB No. [________], of [________________________________], to serve as my attorney of record effective [__/__/____];
   (OR, if proceeding pro se): Elect to represent myself as a self-represented litigant going forward. I understand that I am responsible for all court rules, deadlines, filings, and appearances.

4. Confirm receipt or offer of:
   ☐ Written notice of all pending deadlines, hearing dates, and trial date
   ☐ Access to or a copy of my complete case file
   ☐ An accounting of any retainer, trust balance, or unearned fee
   ☐ Return of all client-owned property and documents

5. Provide my current contact information for court records:
   Address: [________________________________]
   City, State, Zip: [________________________________]
   Phone: [____________________________]
   Email: [________________________________]

PRE-FILING CHECKLIST

☐ Confirm the correct judicial district and county for this Wyoming District Court matter
☐ Confirm the correct pathway (A — consent notice, or B — motion requiring court order)
☐ Verify Wyoming State Bar numbers for both attorneys; confirm good standing at wyomingbar.org
☐ For Pathway B: confirm grounds for withdrawal and document written notice to client
☐ Obtain all required signatures: withdrawing attorney, substituting attorney, client
☐ Identify all upcoming deadlines: trial date, hearing dates, dispositive motion deadlines, discovery cut-offs, expert disclosures, ADR dates
☐ Check for any scheduling order, case management order, or pretrial conference requirements
☐ For Chancery Court matters: confirm any Chancery Court-specific rules apply
☐ Prepare Proposed Order if Pathway B applies
☐ Prepare Certificate of Service listing all parties
☐ File via File and ServeXpress (FSX) per Wyoming Rules for Electronic Filing
☐ Update FSX service contacts after filing: add new counsel, remove withdrawing counsel
☐ Serve all parties per W.R.C.P. 5(b)
☐ Transfer client file within stated timeframe per Wyoming RPC 1.16(d)
☐ Address any outstanding client trust account balance
☐ Check Uniform Rules for District Courts (2025) for any applicable supplemental requirements

SIGNATURE BLOCKS

WITHDRAWING ATTORNEY:

[________________________________]
[Printed Name], Wyoming State Bar No. [________]
[Firm Name]
[Address], [City, Wyoming Zip]
[Phone] | [Email]

Date: [__/__/____]

SUBSTITUTING ATTORNEY (Pathway A only):

[________________________________]
[Printed Name], Wyoming State Bar No. [________]
[Firm Name]
[Address], [City, Wyoming Zip]
[Phone] | [Email]

Date: [__/__/____]

CLIENT/PARTY:

[________________________________]
[Printed Name of Party]
[Address], [City, State, Zip]
[Phone] | [Email]

Date: [__/__/____]

(If party is a business entity):
[________________________________]
[Printed Name], [Title]
On behalf of [Entity Name]
Date: [__/__/____]

PROPOSED ORDER

(Include only if Pathway B — court approval required; omit for Pathway A)

IN THE DISTRICT COURT, [____] JUDICIAL DISTRICT
STATE OF WYOMING
[________________________________] COUNTY

[________________________________],
Plaintiff,
vs.
[________________________________],
Defendant.

Civil Action No.: [____________________________]

ORDER GRANTING SUBSTITUTION / WITHDRAWAL OF COUNSEL

THIS MATTER came before the Court on the Motion for Withdrawal/Substitution of Counsel. The Court, having reviewed the motion, any supporting affidavits or declarations, any response, and being otherwise fully advised:

IT IS HEREBY ORDERED that:

1. [________________________________], Wyoming State Bar No. [________], is GRANTED leave to withdraw as attorney of record for [________________________________] in this matter, effective upon entry of this Order.

2. [________________________________], Wyoming State Bar No. [________], of [________________________________], is hereby recognized as attorney of record for [________________________________], effective [__/__/____].
   (OR, if no substitute): [________________________________] shall proceed as a self-represented litigant. All court notices shall be directed to: [Address] / [Email] / [Phone].

3. The existing scheduling order and case management order shall:
   ☐ Remain in full force and effect without modification.
   ☐ Be modified as follows: [________________________________]
   ☐ Be addressed at a scheduling conference set for [__/__/____].

4. Any hearing or trial currently scheduled for [__/__/____] shall:
   ☐ Proceed as scheduled.
   ☐ Be continued to [__/__/____] at [____] [☐ a.m. ☐ p.m.].

5. Withdrawing counsel shall transfer all client files, documents, and property to the client or to new counsel within [____] days of entry of this Order, consistent with Wyoming RPC 1.16(d).

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

[________________________________]
DISTRICT COURT JUDGE
[____] JUDICIAL DISTRICT, [________________________________] COUNTY, WYOMING

CERTIFICATE OF SERVICE

I hereby certify that on [__/__/____], a true and correct copy of the foregoing Notice of Substitution of Attorney [and Proposed Order] was served upon each of the following by the indicated method, consistent with W.R.C.P. 5(b):

[________________________________]
[Name of Person Completing Service]
Wyoming State Bar No. [________] (if attorney)

Date: [__/__/____]

PRACTICE NOTES AND WYOMING-SPECIFIC GUIDANCE

W.R.C.P. 83.6: Wyoming's civil procedure rule governing withdrawal of counsel should be confirmed in the current August 2024 version of the Wyoming Rules of Civil Procedure (available at wyocourts.gov). Confirm the applicable rule number and text for withdrawal/substitution procedures in the version in effect for your case.

Uniform Rules for District Courts (2025): Wyoming's Uniform Rules for District Courts were updated in 2025. Review these rules (available at wyocourts.gov) for any county-specific or judge-specific requirements regarding substitution of counsel, particularly regarding notice periods and judge's standing orders.

File and ServeXpress (FSX): Wyoming District Court e-filing uses File and ServeXpress (FSX), not Tyler Odyssey (unlike some other states). Attorneys must register with FSX before filing. Update FSX service lists promptly after filing to ensure correct routing of future filings and notices.

Wyoming State Bar Number Format: Wyoming State Bar numbers typically use a "7-XXXX" format (e.g., WSB No. 7-5678). Confirm the exact format of your bar number as it appears on your State Bar membership.

Wyoming Chancery Court: Wyoming's specialized Chancery Court hears complex business disputes. If a matter is pending in Chancery Court, confirm whether any additional Chancery Court rules apply to attorney substitution.

Wyoming RPC 1.16(d): Upon termination, the attorney must give reasonable notice, allow time to obtain other counsel, surrender client papers and property, and refund unearned advance fees. Fee disputes do not entitle the attorney to retain client-owned materials.

Small Population/Informal Practice: Wyoming courts often accommodate informal communications with judges' clerks regarding scheduling and substitution. However, all formal changes must still be documented in writing and filed of record.

Family Law and Probate Matters: Wyoming District Courts handle family law, probate, and general civil matters. For family law matters, check for any pending temporary orders, custody evaluator appointments, or guardian ad litem designations that may need to be separately communicated to the relevant parties.

Good Standing Verification: Verify attorney good standing at wyomingbar.org before filing. Wyoming is a small bar; reciprocal discipline from other states can affect good standing.

Sources and References:

• Wyoming Rules of Civil Procedure (August 2024): https://www.wyocourts.gov/app/uploads/2025/01/Wyoming-Rules-of-Civil-Procedure-August-2024.pdf
• Uniform Rules for District Courts of Wyoming (2025): https://www.wyocourts.gov/app/uploads/2025/03/UNIFORM_RULES_FOR_DISTRICT_COURTS_OF_THE_STATE_OF_WYOMING.pdf
• Wyoming Rules for Electronic Filing (2024): https://www.fileandservexpress.com/wp-content/uploads/2024/04/Wyoming-Rules-for-Electronic-Filing-and-Service-in-District-Courts-2024.pdf
• Wyoming Judicial Branch e-filing: https://www.wyocourts.gov/efiling/efiling-district-court/
• Wyoming State Bar: https://www.wyomingbar.org
• File and ServeXpress Wyoming: https://www.fileandservexpress.com/wyoming/