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Rule 110.Substitution of Attorney

Part I. General Administration · Last amended January 1, 2026 · Last verified September 4, 2026

In one sentenceRule 110 allows one attorney to be substituted for another by a written notice signed by both, without leave of court.

Full Text of Rule 110

Text sizeJump to: (a) (b)

(a) 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. This rule only applies when a licensed attorney seeks to replace a licensed attorney.
(b) Effect of Substitution. The substitution of attorneys or the appearance of a new attorney must not delay the proceedings except for good cause.
End

Rule History

(Adopted March 29, 2021, effective July 1, 2021; amended November 6, 2025, effective January 1, 2026.)

Plain-English Summary

Rule 110 is the easy route off a case, and it is deliberately narrow.

The mechanism

An attorney may be substituted by filing written notice with the court, signed by both the new attorney and the withdrawing attorney. No motion, no hearing, no leave of court.

The limit that matters

The rule applies only when a licensed attorney seeks to replace a licensed attorney. That single sentence decides which rule governs. An attorney leaving a client who will proceed self-represented is not substituting — there is no incoming attorney to sign — and must instead seek leave to withdraw under Rule 111, with its motion, its hearing within 21 days, and its 21-day stay.

The distinction is the difference between a formality and a proceeding, and it turns entirely on whether someone else is stepping in.

No delay

Substitution or the appearance of a new attorney must not delay the proceedings except for good cause. A new lawyer inherits the schedule.

The rule was amended November 6, 2025, effective January 1, 2026.

Frequently Asked Questions

Do I need the court's permission to change lawyers?

Not if one attorney replaces another. Rule 110(a) allows substitution by filing written notice signed by both the new attorney and the withdrawing attorney.

What if my attorney is leaving and I will represent myself?

Rule 110(a) applies only when a licensed attorney seeks to replace a licensed attorney. Otherwise the attorney must obtain leave of court to withdraw under Rule 111.

Who has to sign the notice of substitution?

Rule 110(a) requires the notice to be signed by both the new attorney and the withdrawing attorney.

Does a new attorney get more time?

Not automatically. Rule 110(b) provides that the substitution of attorneys or the appearance of a new attorney must not delay the proceedings except for good cause.

Source & verification. Rule text and Rule History reproduced verbatim from the Idaho Rules of Family Law Procedure as published by the Idaho Supreme Court, current through amendments effective July 1, 2026. Promulgated by the Supreme Court of Idaho (Idaho Const. art. V, sec. 25). Last verified September 4, 2026. · Official text
Also known as: substitution of attorneychanging lawyersnew attorneynotice of substitution