Rule 111.Withdrawal of Attorney

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

In one sentenceRule 111 requires leave of court for an attorney to withdraw, stays the case for 21 days afterward, and allows dismissal or default if the party does not appear or hire a new attorney in that time.

Full Text of Rule 111

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

(a) Withdrawal of Attorney.

(1) Leave of Court Required . Except when a written notice of substitution has been filed under Rule 110, an attorney seeking to withdraw from a Family Law Action must first obtain leave of the court by:

(A) filing a motion which must be served on the party represented by the withdrawing attorney and all other parties under Rule 205(c), and

(B) providing the party represented by the withdrawing attorney’s last known address in the motion for withdrawal.

Upon filing, the clerk will set the matter for hearing within 21 days.

(2) When Granted . By written order the court may grant leave to withdraw on a showing of good cause, and may order conditions or sanctions that prevent delay or prejudice to the parties.

(3) Notice of Withdrawal after Final Judgment . After the entry of a final judgment, an attorney may file a notice of withdrawal without leave of the court. But the withdrawal will not be effective until after the time for appeal has expired and no proceedings are pending.

(4) Automatic Withdrawal . Even if no notice of withdrawal is filed, attorneys will be deemed to have automatically withdrawn as the attorneys of record for their respective clients effective when the time for appeal from the final judgment has expired and there are no proceedings pending.

(b) Service; Content of Order; Stay of Action; Dismissal or Default; Application for default judgment.

(1) Service; Content of Order . The clerk will serve an order allowing an attorney to withdraw on all parties, including the party represented by the withdrawing attorney, according to Rule 809(b). The order must notify the party whose attorney is withdrawing that if a notice of appearance of a new attorney or notice of self-representation is not filed within 21 days after service of the order allowing withdrawal, the court, either on its own motion or on application by the opposing party, may dismiss with prejudice any claims of the party or may order entry of a default against the party without further notice.

(2) Stay of Action . An action must be stayed for 21 days after the clerk’s service of an order allowing an attorney to withdraw, unless there is a waiver by all parties of the 21-day stay and that waiver is approved by the court.

(3) Dismissal or Default; Application for Default Judgmen t. If a notice of appearance of a new attorney or notice of self-representation is not filed within 21 days after service of the order allowing withdrawal, the court, either on its own motion or on application by the opposing party, may dismiss with prejudice any claims of the party or may enter a default against the party without further notice. Application for entry of default judgment must proceed in accordance with the Idaho Rules of Family Law Procedure, except a party who applies for entry of default judgment is not required to serve the defaulting party with written notice of the application for default judgment.

(1) 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 allowing withdrawal that is subject to the provisions of subsection (b).

End

Rule History

(Adopted March 29, 2021, effective July 1, 2021; amended effective January 29, 2025; amended June 30, 2026, effective July 1, 2026.)

Plain-English Summary

Where Rule 110's substitution is a filing, Rule 111's withdrawal is a proceeding — because it may leave a party alone.

Leave, and a hearing on a clock

Except where a notice of substitution is filed under Rule 110, an attorney must first obtain leave by filing a motion, served on the represented party and all other parties under Rule 205(c), and giving the represented party's last known address. On filing, the clerk will set the matter for hearing within 21 days.

Leave is granted by written order on a showing of good cause, and the court may impose conditions or sanctions that prevent delay or prejudice.

What the order must warn

The clerk serves the order on all parties including the represented one. The order must notify that party that if a notice of appearance of a new attorney or a notice of self-representation is not filed within 21 days, the court — on its own motion or on the opposing party's application — may dismiss with prejudice any claims of the party, or order entry of a default, without further notice.

The stay, and the consequence

The action is stayed for 21 days after service of the order, unless all parties waive the stay and the court approves. If nothing is filed in that time the court may dismiss with prejudice or enter default without further notice.

One detail rewards attention: on an application for default judgment following this rule, the applying party is not required to serve the defaulting party with written notice of the application. The 21-day warning in the withdrawal order is the notice.

After judgment, and automatically

After a final judgment an attorney may file a notice of withdrawal without leave, effective once the appeal time has expired and no proceedings are pending. And even with no notice filed, attorneys are deemed to have automatically withdrawn when the appeal time expires and nothing is pending. No one stays counsel of record forever.

Death, illness, suspension

On the death, extended illness, absence, suspension or disbarment of an attorney of record, the court must stay the action — unless the attorney is associated with a firm or another attorney in the action — and then enter a withdrawal order subject to the same notice-and-stay provisions.

The rule was amended effective January 29, 2025, and again June 30, 2026, effective July 1, 2026.

Frequently Asked Questions

Can my attorney simply stop representing me?

Not without leave. Rule 111(a)(1) requires a motion served on the represented party and all other parties, and the clerk sets a hearing within 21 days.

What happens after the court allows my attorney to withdraw?

Rule 111(b)(2) stays the action for 21 days. Rule 111(b)(3) allows the court, if no notice of appearance of a new attorney or notice of self-representation is filed in that time, to dismiss your claims with prejudice or enter a default against you without further notice.

Will I be warned before a default is entered?

The withdrawal order is the warning. Rule 111(b)(1) requires it to notify the party of exactly that consequence, and Rule 111(b)(3) then excuses the applying party from serving written notice of an application for default judgment.

Does an attorney need permission to withdraw after the case is over?

No. Rule 111(a)(3) allows a notice of withdrawal without leave after entry of a final judgment, effective after the time for appeal has expired and no proceedings are pending.

What if my attorney dies or is suspended?

Rule 111(c)(1) requires the court to stay the action unless the attorney is associated with a firm or another attorney in the action, and then to enter a withdrawal order subject to the notice and stay provisions of section (b).

Does an attorney stay on the case forever if no notice is filed?

No. Rule 111(a)(4) deems attorneys automatically withdrawn when the time for appeal from the final judgment has expired and there are no proceedings pending.

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: withdrawal of attorneyattorney withdrawal21 daysself-representationdefault after withdrawalautomatic withdrawalleave to withdraw