Rule 25.1.Withdrawal, Substitution, and Appearance of Counsel.

Last amended January 1, 2012 · Last verified July 3, 2026

In one sentenceRule 25.1 sets the paperwork and court-approval steps an attorney must follow to withdraw from, substitute into, or newly appear in a circuit court case.

Full Text of Rule 25.1

Text sizeJump to: (a) (b) (c) (d)

(a) Except as provided in Rule 10(c) of the Rules of the Circuit Courts, withdrawal and substitution of counsel in cases pending before the circuit courts shall be effective only upon the approval of the court and shall be subject to the guidelines of Rule 1.16 of the Hawai‘i Rules of Professional Conduct and other applicable law.

(b) A withdrawal and substitution of counsel shall:

(1) Cite the relevant authority for the withdrawal and substitution;

(2) Include the signatures of the withdrawing attorney and the substituting attorney;

(3) Include the words "APPROVED AND SO ORDERED" and a line below such words for the signature of the judge;

(4) Indicate the trial date, if any; and

(5) Include the signature of the represented party indicating the represented party’s consent to the withdrawal and substitution.

(1) Cite the relevant authority for the withdrawal;

(2) Indicate that the represented party has been provided written notice (A) of the represented party’s responsibilities under Rule 4 of the Rules of the Circuit Courts, and (B) if the represented party is a corporation, partnership, or other legal entity, that such entity may only appear in the action through counsel admitted to practice in the courts of the State of Hawai‘i; and

(3) Indicate the represented party’s last known address and telephone number.

(d) An attorney who has not made an appearance in a case on behalf of a party in the pleading commencing the action, an answer, or withdrawal and substitution pursuant to Rule 10(c) of the Rules of the Circuit Courts or section (a) this rule, shall upon undertaking representation of a party immediately file a notice of appearance of counsel, which shall include:

(1) the attorney's name, Hawai‘i bar identification number, office address and telephone number; and

(2) the name of the party represented.

End

Amendment History

Added August 26, 2011, effective January 1, 2012

Plain-English Summary

Except as Rule 10(c) of the Rules of the Circuit Courts allows, withdrawal and substitution of counsel in circuit court cases takes effect only once the court approves it, guided by the withdrawal standards in the Hawai'i Rules of Professional Conduct. A withdrawal-and-substitution filing must cite the authority for the change, carry the signatures of both the withdrawing and the substituting attorney, include an "APPROVED AND SO ORDERED" line for the judge to sign, note the trial date if one is set, and include the represented party's own signature consenting to the change.

A motion to withdraw without a substituting attorney has its own requirements: it must be served on the represented party, cite the authority for withdrawing, confirm the party has received written notice of its responsibilities and, if the party is a corporation, partnership, or other entity, notice that it may only appear in the action through licensed counsel, and state the party's last known address and phone number. Separately, any attorney taking on representation of a party who hasn't yet appeared in the case, whether at the outset or through a later withdrawal and substitution, must promptly file a notice of appearance giving the attorney's name, Hawai'i bar number, address, and phone number, along with the name of the party represented.

Frequently Asked Questions

Can an attorney stop representing a client without the court's approval?

Usually not. Except as Rule 10(c) of the Rules of the Circuit Courts allows, withdrawal and substitution of counsel in a circuit court case is effective only once the court approves it.

What must a motion to withdraw as counsel include?

It must be served on the represented party and cite the authority for withdrawing, confirm the party received written notice of its responsibilities and, for corporate or entity parties, notice that it can only appear through counsel, and state the party's last known address and telephone number.

Does a new attorney taking over a case have to notify the court?

Yes. An attorney who hasn't yet appeared in the case must promptly file a notice of appearance with the attorney's name, Hawai'i bar identification number, office address and telephone number, and the name of the party represented.

Source & verification. The rule text and History are reproduced verbatim from the official Hawaii Rules of Civil Procedure (Haw. R. Civ. P. 25.1). Prescribed by the Supreme Court of Hawaii (Haw. Rev. Stat. § 602-11; Haw. Const. art. VI, § 7). The plain-English summary is original and written by us. Last verified July 3, 2026. · Official source

Also known as: withdrawal of counselsubstitution of counselnotice of appearance of counsel