Rule 11.3.Substitution and withdrawal of attorneys

Title III: Pleadings; Motions; Scheduling · Last amended July 12, 2024 · Last verified July 14, 2026

In one sentenceRule 11.3 governs how an attorney is substituted or withdraws from a case, what the withdrawal order must tell the client, and what happens if the client does not respond within the 21-day window that follows.

Full Text of Rule 11.3

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

(a) Substitution of attorney.

(1) In general. An attorney may be substituted by filing written notice with the court. The notice must be signed by both the new attorney and the withdrawing attorney.

(2) Effect of substitution. The substitution of attorneys or appearance of a new attorney must not delay the proceedings except for good cause.

(b) Withdrawal of attorney.

(1) Leave of court required. To withdraw from an action, except by substitution, an attorney must first obtain leave of the court. The attorney seeking to withdraw must file a motion with the court and set the matter for hearing, and must provide notice to all parties, including the party the withdrawing attorney represents in the proceeding. The attorney must provide the last known address of the client in any notice of or motion for withdrawal.

(2) When granted. By written order the court may grant leave to withdraw for good cause and upon such conditions or sanctions as will prevent delay or prejudice to the parties.

(3) Withdrawal after final judgment. After or with the entry of final judgment, an attorney may file notice of withdrawal, for which leave of court is not required. However, the withdrawal will not be effective until the time for appeal has expired and no proceedings are pending.

(1) Service: Content of order. The clerk of the court will serve on all parties, including the party represented by the withdrawing attorney, an order permitting an attorney to withdraw. Service must be in the same manner as provided in Rule 2.3 (b). The order allowing withdrawal must notify the party whose attorney is withdrawing that the party's claims will be subject to dismissal with prejudice or that the default and default judgment may be entered against the party without further notice if the party does not, within 21 days after service of the order, either appoint another attorney to appear or file notice with the court that the party will be self-represented in the action.

(2) Stay of action. An action is stayed for 21 days after service by the court of an order allowing withdrawal of attorney.

(3) Dismissal or default; Application for default judgment. If a notice of appearance of a new attorney or a notice of self-representation is not filed within 21 days after service of the order allowing withdrawal, the court, either sua sponte or upon application by the opposing party, may dismiss with prejudice any claims of the party or may enter default against the party. Application for entry of default judgment must proceed in accordance with the provisions of I.R.C.P. 55(b), provided that a party who applies for entry of default judgment pursuant to this rule is not required to serve the opposing party with written notice of the application for default judgment at least 3 days before the hearing.

(d) Withdrawal upon death, disbarment or other conditions. In the event of the death, extended illness, absence, suspension or disbarment from the practice of law of an attorney of record in an action, the court must stay the action from further proceedings, unless the attorney is associated with a firm, partnership, corporation or other attorney in the action. The court must then enter an order permitting withdrawal that is subject to the provisions of subsection (c) of this rule.

End

Amendment History

(Adopted March 1, 2016, effective July 1, 2016; amended September 9, 2016, effective September 9, 2016; amended July 12, 2024, effective July 12, 2024.)

Plain-English Summary

Changing lawyers mid-case is easy when both attorneys agree: the new and outgoing attorney sign a written notice of substitution, and the case proceeds without delay except for good cause. Withdrawing without a replacement lined up is harder. The attorney needs the court's permission, which means filing a motion, setting it for hearing, notifying every party including the client, and disclosing the client's last known address. A judge can grant the withdrawal on conditions designed to avoid delay or unfairness to the other side. Once a final judgment is entered, an attorney can withdraw by simple notice, though it does not take effect until the appeal period runs and nothing else is pending.

The rule protects clients who are left without counsel by requiring the withdrawal order to warn them plainly: they have 21 days to hire a new attorney or tell the court they will represent themselves, or their claims may be dismissed with prejudice or a default may be entered against them. The case is automatically stayed for those 21 days. If the deadline passes with no response, the court, on its own or on the opposing party's request, can dismiss the claims or enter default, though it eases the usual advance-notice requirement for a default-judgment hearing in that circumstance. A separate provision addresses what happens when an attorney dies, becomes seriously ill, disappears, or is suspended or disbarred, staying the case unless the attorney was part of a firm that can carry the representation forward.

Frequently Asked Questions

Does my lawyer need the court's permission to bring in a replacement attorney?

Not for a substitution. When both the new and departing attorney sign a written notice of substitution, the change happens without a separate court order, and it should not delay the case except for good cause.

Does an attorney need court approval just to withdraw and leave me without a lawyer?

Yes. Rule 11.3 requires the attorney to file a motion, set it for hearing, and notify all parties, including the client, before the court will grant leave to withdraw.

What happens after my attorney is allowed to withdraw?

The court's order must warn you that you have 21 days from service of the order to hire a new attorney or notify the court you will represent yourself. The case is stayed during those 21 days, and missing the deadline can lead to dismissal of your claims with prejudice or entry of default against you.

Can an attorney withdraw without a hearing once the case is over?

Yes. After final judgment, an attorney can file a notice of withdrawal without seeking leave of court, though it does not take effect until the time to appeal has passed and nothing is still pending.

What happens if my attorney dies or is disbarred while my case is active?

Rule 11.3 requires the court to stay the case, unless the attorney was part of a firm or partnership that can continue the representation. The court then enters a withdrawal order that follows the same client-notice and 21-day procedure used for other withdrawals.

Source & verification. Rule text are reproduced verbatim from the Idaho Rules of Civil Procedure, adopted by the Supreme Court of Idaho. Last verified July 14, 2026. · Official source

Also known as: attorney withdrawal Idahosubstitution of counsellawyer wants to withdrawnotice of withdrawal deadline21 days new attorneyattorney disbarred case stayed