Rule 87.Attorneys.

Current through July 1, 2026 · Last verified September 11, 2026

In one sentenceRule 87 ends the attorney of record role once a final judgment is beyond appeal, and otherwise requires court approval and personal service to withdraw.

Full Text of Rule 87

Text sizeJump to: (a) (b)

(a) (a) Withdrawal of counsel unnecessary. After entry of a judgment, order, or decree finally determining all pending issues and after the expiration of the time for taking an appeal which lies from such judgment, order, or decree, an attorney for a party shall no longer be considered attorney of record. In order for the attorney to be removed as attorney of record in JEFS, a notice of withdrawal which contains a certification by the attorney that all requirements of this subsection (a) have been met shall be filed. The failure to file such a notice does not constitute an agreement by an attorney to remain attorney of record for a party. If any issue is specifically reserved in any judgment, order, or decree for future determination and a hearing on that issue is scheduled, the attorneys of record for the parties shall continue to be attorneys of record for the service of pleadings relating to those reserved issues, but for no other purpose, until such time as the reserved issues are resolved and until after the expiration of the time for taking an appeal which lies from the judgment, order, or decree resulting from the resolution of such reserved issues, unless the withdrawal is expressly approved and allowed by the court.

(b) (b) Court approval of withdrawal necessary. Whenever a party is represented by an attorney at any stage of a proceeding, such attorney may not withdraw as counsel of record without the approval of the court.

(1) (1) WITHDRAWAL AND SUBSTITUTION OF COUNSEL. Such approval may be obtained, without hearing, where there is a withdrawal and substitution of counsel in writing, approved by the party. After a withdrawal and substitution of counsel is approved and filed by the court, the withdrawing attorney shall immediately mail a copy to the opposing party at the opposing party’s last known address if the opposing party is not represented by an attorney and is not a JEFS User.

(2) (2) MOTION TO WITHDRAW AS COUNSEL.

(A) (A) Such approval may be obtained after a hearing on a motion to withdraw as counsel, where the motion and notice of the date and time of hearing have been personally served on the client in the same manner as stated in Rule 4 of these Rules. The attorney seeking to withdraw shall submit a proof of personal service prior to the hearing. The motion and notice of the date and time of hearing shall also be served on the opposing party or the opposing party’s attorney, if any, and the attorney seeking to withdraw shall submit a certificate of conventional service if the opposing party is not represented by an attorney and is not a JEFS User. A hearing and notification of opposing counsel or party, however, shall not be required for withdrawal from representations provided under Rule 11.1 of these Rules.

(B) (B) Where personal service of the motion to withdraw as counsel cannot be effected on the client, the motion and notice of the date and time of hearing shall be mailed to the last known address of the client and the attorney seeking to withdraw shall submit a certificate of service prior to the hearing.

(C) (C) After a motion to withdraw as counsel is granted and the order permitting withdrawal of counsel is filed, the withdrawing attorney shall immediately mail a copy of the order to the client at the client’s last known address and to the opposing party at the opposing party’s last known address if the opposing party is not represented by an attorney and is not a registered JEFS User. This notice requirement however, shall not apply to withdrawals from representations provided under Rule 11.1 of these Rules.

End

Amendment History

(Amended August 4, 2020, effective January 1, 2021; further amended March 30, 2022, effective April 25, 2022.)

Plain-English Summary

Subdivision (a) is the one attorneys rely on most. After a judgment, order or decree finally determining all pending issues, and after the time to appeal from it has expired, an attorney is no longer considered attorney of record. No motion is needed. To be removed in the electronic system a notice of withdrawal is filed, but the substantive role has already ended.

At any other stage, an attorney may not withdraw as counsel of record without the approval of the court. There are two routes to that approval. A withdrawal and substitution of counsel in writing, approved by the party, can be granted without a hearing; the withdrawing attorney then mails a copy to an unrepresented opposing party at their last known address.

Without a substitution, it takes a motion and a hearing, and the service requirement is strict: the motion and notice of the hearing date and time must be personally served on the client in the same manner as a summons under Rule 4, with proof of personal service submitted before the hearing. Where personal service cannot be effected, mailing to the last known address with a certificate of service is the substitute.

Once withdrawal is granted and the order filed, the attorney immediately mails a copy to the client and to an unrepresented opposing party who is not on the electronic system. Rule 11.1(b) routes an attorney on a limited appearance here where the agreed services are not complete.

Frequently Asked Questions

When does a Hawaii family court attorney stop being counsel of record?

After a judgment, order or decree finally determining all pending issues and after the time to appeal has expired.

Can my attorney withdraw during the case?

Not without the approval of the court, at any stage where a party is represented.

How is a motion to withdraw served?

Personally on the client, in the same manner as a summons under Rule 4, with proof of personal service submitted before the hearing.

What if the client cannot be found?

The motion and notice are mailed to the client last known address and the attorney submits a certificate of service before the hearing.

Is a hearing always required?

No. Approval may be given without a hearing where there is a withdrawal and substitution of counsel in writing, approved by the party.

Source & verification. The rule text is reproduced verbatim from the official Hawaii Family Court Rules (Haw. Fam. Ct. R. 87). Prescribed by the Supreme Court of Hawaii. The plain-English summary is original and written by us. Last verified September 11, 2026. · Official source

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