Rule 1-089.Entry of appearance; withdrawal or substitution of attorneys

Last amended June 20, 2008 · Last verified June 26, 2026

In one sentenceRule 1-089 governs how an attorney enters an appearance and how counsel withdraw or substitute, including limited appearances and the order required to withdraw.

Full Text of Rule 1-089

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A. Entry of appearance. When an attorney represents a party, the attorney shall file an entry of appearance, unless the court filed an order appointing the attorney. Filing a pleading pursuant to Rule 1-007 NMRA signed by an attorney constitutes an entry of appearance under this rule. If an attorney’s appearance is limited pursuant to Paragraph C of Rule 16-102 NMRA, the attorney shall:

(1) file an entry of appearance entitled "Limited Entry of Appearance" that identifies the nature of the limitation;

(2) note the limitation in the signature block of any paper the attorney files; and

(3) include in the signature block of any paper the attorney files an address where service may be made on the party.

B. Withdrawal by court order required. An attorney shall obtain a court order permitting withdrawal when:

(1) the attorney has appeared without limitation; or

(2) the attorney’s appearance is limited pursuant to Paragraph A of this rule and the attorney has not completed the purpose of the representation. A copy of any order permitting an attorney to withdraw shall be filed with the clerk and served on all parties. The court may place conditions on an order approving withdrawal as justice requires, such as directing the substitution of counsel with an accompanying written notice filed with the clerk and served on the parties or ordering the attorney withdrawing on behalf of a party to file with the clerk and serve on the parties a notice of an address where service may be made upon the party. When an order permitting withdrawal will result in a party to an action not being represented by an attorney, the order shall reasonably advise that the unrepresented party shall have twenty (20) days to retain an attorney or be deemed to have entered an appearance pro se. The withdrawing attorney shall serve a copy of the order permitting withdrawal on the unrepresented party pursuant to Paragraph B of Rule 1-005 NMRA.

C. Withdrawal upon completion of limited representation. An attorney whose appearance is limited as set forth in Paragraph A of this rule and who has completed the purpose of the limited representation need not obtain a court order permitting withdrawal. Such an attorney shall file with the clerk and serve on all parties a notice of withdrawal or substitution of counsel. If an attorney ceases to act without complying with the provisions of this rule, upon motion of any party or upon the court’s own motion, the court may enter an order requiring any actions that the court deems necessary.

D. Service upon attorneys of record. Attorneys of record shall continue to be subject to service for ninety (90) days after entry of final judgment. This rule does not preclude the earlier withdrawal of counsel as provided above.

E. Service upon responding party. In the event of further legal proceedings between the parties after the ninety (90) days have elapsed, the moving party shall effect service of process upon the responding party pursuant to Rule 1-004 NMRA.

End

Rule History

[As amended, effective August 1, 1989; April 1, 2002; as amended by Supreme Court Order No. 08-8300-013, effective June 20, 2008.]

Committee Commentary

The 2008 amendments to Rule 1-089 NMRA consist of new provisions applicable to situations when attorneys enter a limited appearance under Rule 16-102 NMRA as well as stylistic changes to bring the rule up to date with current practice. The rule now permits an attorney to enter a limited entry of appearance and provides specific procedures for withdrawal upon completion of the limited representation.

Previously, the rule provided for withdrawal once an attorney obtained written consent from the court and then provided notice. The 2008 amendments bring the rule into current practice by requiring a court order for withdrawal when an attorney appears without limitation or the attorney’s appearance is limited and the attorney has not yet completed the purposes of the limited representation.

Plain-English Summary

This rule manages who represents a party. An attorney files an entry of appearance (or is appointed by order), and filing a signed pleading counts as an appearance; a limited appearance under the Rules of Professional Conduct must be labeled and note the limitation. An attorney who appeared without limitation—or whose limited representation is not complete—must obtain a court order to withdraw, and the court may impose conditions.

When withdrawal will leave a party unrepresented, the order must advise that the party has twenty days to retain counsel or be deemed to appear pro se, and the withdrawing attorney serves the order on the client. An attorney who completes a limited representation may withdraw by notice without a court order. Attorneys of record remain subject to service for ninety days after final judgment; after that, further proceedings require service of process under Rule 1-004.

Frequently Asked Questions

Does an attorney need court permission to withdraw?

Yes, when the attorney appeared without limitation or has not completed a limited representation. An attorney who finishes a limited representation may withdraw by notice without an order.

What happens when withdrawal leaves a party without a lawyer?

The order must advise that the party has twenty days to retain new counsel or be deemed to appear pro se, and the withdrawing attorney must serve the order on the party.

Source & verification. Rule text and Committee commentary reproduced verbatim from the New Mexico Rules of Civil Procedure for the District Courts (Rule 1-089 NMRA), published by the New Mexico Compilation Commission (NMOneSource). Promulgated by the Supreme Court of New Mexico. The plain-English summary is original and draws on the official annotations. Last verified June 26, 2026. · Official source

Also known as: entry of appearancewithdrawal of counselsubstitution of attorneyslimited appearance