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Vernon's Texas Rules Annotated - VTRA TX R HAYS CTY DIST Chapter 13. Attorneys--Appearances, Motions to Withdraw as Attorney of Record and Motions to Substitute Attorneys

Current as of January 01, 2024 | Updated by Findlaw Staff

13.1. Limited Scope Appearances.  The District Courts of Hays County, Texas do not recognize limited scope representation.  Pursuant to Rule 8 of the Texas Rules of Civil Procedure, on the occasion of a party's first appearance through counsel, the attorney whose signature first appears on the initial pleadings for any party shall be the attorney in charge, unless another attorney is specifically designated therein, and that attorney shall remain the attorney in charge for all purposes unless the attorney withdraws, another attorney substitutes into the case or another attorney is designated attorney in charge pursuant to Rule 8.

13.2. Hearing Required for Motion to Withdraw.  A hearing is required for a motion to withdraw unless the motion complies with Rule 10 of the Texas Rules of Civil Procedure and is filed with:

(a) A written consent to the withdrawal signed by the withdrawing attorney's client(s);

(b) A written consent to the withdrawal signed by all other parties in the action who have appeared;

(c) A certificate of last known address of the client(s), containing the client's address, telephone number, email address, and, if available, fax number;  and

(d) A certification that there are no rulings of the Court that have yet to be reduced to writing.

13.3. Hearing Required for Motion to Substitute Attorneys.  A hearing is required for a motion to substitute attorneys unless the motion complies with Rule 10 of the Texas Rules of Civil Procedure, and is filed with:

(a) A written consent to the substitution signed by all other parties in the action who have appeared;

(b) A certificate of service notifying the withdrawing attorney of the motion to substitute;

(c) The substituting attorney's name, State bar number;  address, telephone number, email address, and, if available, fax number;  and

(d) A certification that there are no rulings of the Court that have yet to be reduced to writing.

13.4. If No Hearing Is Required.  If no hearing is required under Local Rules 13.2 or 13.3, a party may present an order for signature by submission pursuant to Local Rule 14.3.

13.5. Discretion of Court

(a) Even if all parties and counsel agree to a motion to withdraw, the Court retains discretion to grant or deny a motion to withdraw.

(b) Even if all requirements of Rules 13.2 or 13.3 are met, the Court retains discretion to require the motion to be set for hearing.

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Cite this article: FindLaw.com - Vernon's Texas Rules Annotated - VTRA TX R HAYS CTY DIST Chapter 13. Attorneys--Appearances, Motions to Withdraw as Attorney of Record and Motions to Substitute Attorneys - last updated January 01, 2024 | https://codes.findlaw.com/tx/vernon-s-texas-rules-annotated/vtratx-r-hays-cty-dist-chapter-13/

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