(a) Notice A notice of motion and motion to be relieved as counsel under Code of Civil Procedure section 284(2) must be directed to the client and must be made on the Notice of Motion and Motion to Be Relieved as Counsel—Civil (form MC-051). (Subd (a) amended effective January 1, 2007; previously amended effective July 1, 2000.)
Rule 3.1362.Motion to be relieved as counsel
Division 11. Law and Motion · Chapter 6. Particular Motions · Article 6. Miscellaneous Motions · Last amended 2017 · Last verified July 29, 2026
In one sentenceRule 3.1362 sets the paperwork for an attorney’s motion to withdraw under Code of Civil Procedure section 284(2) — the required Judicial Council notice, declaration, and proposed order forms, no memorandum, service on the client and all appearing parties, and extra proof that a mailed or electronic address for the client is current.
Full Text of Rule 3.1362
(b) Memorandum Notwithstanding any other rule of court, no memorandum is required to be filed or served with a motion to be relieved as counsel. (Subd (b) amended effective January 1, 2007; adopted effective July 1, 2000.)
(c) Declaration The motion to be relieved as counsel must be accompanied by a declaration on the Declaration in Support of Attorney’s Motion to Be Relieved as Counsel—Civil (form MC- 052). The declaration must state in general terms and without compromising the confidentiality of the attorney-client relationship why a motion under Code of Civil Procedure section 284(2) is brought instead of filing a consent under Code of Civil Procedure section 284(1). (Subd (c) amended effective January 1, 2007; adopted as subd (b); previously relettered and amended effective July 1, 2000.)
(d) Service The notice of motion and motion, the declaration, and the proposed order must be served on the client and on all other parties who have appeared in the case. The notice may be by personal service, electronic service, or mail.
(1) If the notice is served on the client by mail under Code of Civil Procedure section 1013, it must be accompanied by a declaration stating facts showing that either:
(A) The service address is the current residence or business address of the client; or
(B) The service address is the last known residence or business address of the client and the attorney has been unable to locate a more current address after making reasonable efforts to do so within 30 days before the filing of the motion to be relieved.
(2) If the notice is served on the client by electronic service under Code of Civil Procedure section 1010.6 and rule 2.251, it must be accompanied by a declaration stating that the electronic service address is the client’s current electronic service address. As used in this rule, “current” means that the address was confirmed within 30 days before the filing of the motion to be relieved. Merely demonstrating that the notice was sent to the client’s last known address and was not returned or no electronic delivery failure message was received is not, by itself, sufficient to demonstrate that the address is current. If the service is by mail, Code of Civil Procedure section 1011(b) applies. (Subd (d) amended effective January 1, 2017; adopted as subd (c); previously relettered and amended effective July 1, 2000; previously amended effective July 1, 1991, January 1, 1996, January 1, 2007, and January 1, 2009.)
(e) Order The proposed order relieving counsel must be prepared on the Order Granting Attorney’s Motion to Be Relieved as Counsel—Civil (form MC-053) and must be lodged with the court with the moving papers. The order must specify all hearing dates scheduled in the action or proceeding, including the date of trial, if known. If no hearing date is presently scheduled, the court may set one and specify the date in the order. After the order is signed, a copy of the signed order must be served on the client and on all parties that have appeared in the case. The court may delay the effective date of the order relieving counsel until proof of service of a copy of the signed order on the client has been filed with the court. (Subd (e) amended effective January 1, 2009; adopted as subd (d); previously amended effective January 1, 1996, and January 1, 2007; previously amended and relettered effective July 1, 2000.)
Plain-English Summary
An attorney who wants out of a case but cannot get the client to sign a consent has to ask the court instead, under Code of Civil Procedure section 284(2). Rule 3.1362 builds that request out of three Judicial Council forms: a notice of motion directed to the client (form MC-051), a supporting declaration (form MC-052), and a proposed order (form MC-053). No separate memorandum is required — the forms carry the motion. The declaration has to explain, in general terms and without giving away privileged communications, why the attorney is going the contested-motion route rather than filing a client-signed consent to withdraw.
Because the whole point of the motion is that the attorney-client relationship has broken down, Rule 3.1362 pays close attention to whether the client will learn about it at all. The notice, declaration, and proposed order must go to the client and to every other party who has appeared in the case. If service on the client is by mail, the attorney has to submit a declaration showing the address is the client’s current or last-known residence or business address, reached after a real effort within the last 30 days to find anything more current. If service is electronic, the attorney has to declare that the address was confirmed as current within that same 30-day window — merely showing that an earlier message did not bounce back is not enough.
The proposed order does double duty as a scheduling document: it must list every hearing date already set in the case, including the trial date if one exists, so the client is not left in the dark about deadlines after counsel steps away. Once the judge signs it, the signed order still has to be served on the client and every appearing party, and the court can delay when the withdrawal takes effect until proof of that service reaches the court file.
Frequently Asked Questions
What forms does an attorney use to withdraw from a California civil case without the client’s consent?
Notice of Motion and Motion to Be Relieved as Counsel (form MC-051), the supporting declaration (form MC-052), and the proposed order (form MC-053), under Rule 3.1362(a), (c), and (e).
Is a memorandum required for a motion to be relieved as counsel in California?
No. Rule 3.1362(b) states that no memorandum is required to be filed or served with this motion.
How does an attorney prove the client’s mailing address is current for a motion to be relieved?
With a declaration showing the address is the client’s current or last-known residence or business address, reached after reasonable efforts within 30 days before filing, under Rule 3.1362(d)(1).
What must the proposed order include when an attorney is relieved as counsel?
Rule 3.1362(e) requires the proposed order to specify all scheduled hearing dates in the case, including the trial date if known.
Amendment History
Rule 3.1362 amended effective January 1, 2017; adopted as rule 376 effective July 1, 1984; previously amended and renumbered effective January 1, 2007; previously amended effective July 1, 1991, January 1, 1996, July 1, 2000, and January 1, 2009.
Source & verification. Rule text is reproduced verbatim from
the Judicial Council of California. Adopted by the Judicial Council of California.
Last verified July 29, 2026.
· Official source
Also known as: motion to be relieved as counsel California formsMC-051 MC-052 MC-053 Californiaattorney withdraw from case without client consent California