RulesofCivilProcedure.com Civil Procedure · Every State

§ 6-1406.Withdrawal of counsel.

Article 14: Uniform County Court Rules of Practice and Procedure · Last amended January 1, 2022 · Last verified July 22, 2026

In one sentenceSection 6-1406 lets an attorney of record withdraw from a case for good cause after filing a motion, notice of hearing, and proof of service on the client and opposing counsel, and separately requires an attorney who gets discharged to promptly file notice of it.

Full Text of § 6-1406

Text sizeJump to: (A) (B) (C)

(A) Upon motion for withdrawal and notice of all counsel and the client involved, an attorney who has appeared of record in a case may be given leave to withdraw for good cause shown after filing with the clerk the motion, notice of hearing, and proof of service upon opposing counsel and the client involved. The motion shall certify that counsel has served the motion on the client and all counsel or self-represented parties, and shall include the client's current mailing address and whether there is a hearing currently scheduled in the matter.
(B) [Reserved.]
(C) When an attorney is discharged by his or her client, the attorney shall forthwith file notice thereof in the case and serve all opposing counsel and/or self-represented parties.

Amendment History

Rule 6 amended November 1991. Renumbered and codified as § 6-1406, effective July 18, 2008; § 6-1406 amended June 9, 2021, effective January 1, 2022; § 6-1406 amended November 17, 2021, effective January 1, 2022.

Plain-English Summary

An attorney does not walk away from a case without process. Section 6-1406 requires a motion for leave to withdraw, notice to the client and all counsel involved, and proof that the motion was served on opposing counsel and the client. The motion itself has to certify that service happened, list the client’s current mailing address, and say whether a hearing is already scheduled in the case. The court grants leave only for good cause shown.

Those requirements exist for the client’s protection as much as the court’s. A client should not find out their lawyer is gone only when a deadline is missed, and the court needs to know how to reach a now-unrepresented party. Listing whether a hearing is on the calendar also flags for the judge whether granting withdrawal might leave a party unprepared for an imminent date.

The rule handles the reverse situation too. When a client fires an attorney rather than the attorney asking to leave, the attorney has to promptly file notice of that discharge and serve it on opposing counsel and any self-represented parties, so the record — and the other side — stays current on who represents whom.

Frequently Asked Questions

Can my attorney withdraw from my case whenever they want?

No. The attorney needs the court’s leave, granted only for good cause, and must file a motion, a notice of hearing, and proof of service on the client and opposing counsel first.

What has to be in a motion to withdraw?

A certification that the motion was served on the client and all counsel or self-represented parties, the client’s current mailing address, and whether a hearing is already scheduled in the case.

What happens if I fire my attorney?

The attorney must promptly file notice of the discharge and serve it on opposing counsel and self-represented parties, so the case record reflects the change.

Does the client have to be notified before an attorney is allowed to withdraw?

Yes. Notice to the client is part of the withdrawal process, along with proof of service and a hearing on the motion.

Why does the withdrawal motion have to state whether a hearing is scheduled?

It lets the court weigh whether granting withdrawal so close to a scheduled hearing would leave a party without adequate representation.

Source & verification. Section text and amendment history are reproduced verbatim from the Nebraska Judicial Branch, adopted by the Supreme Court of Nebraska. Last verified July 22, 2026. · Official source
Also known as: attorney withdrawal from case nebraskahow to withdraw as counselfired attorney notice of dischargemotion to withdraw requirementsleave to withdraw good cause6-1406 withdrawal of counsel