(a) Notice of withdrawal. An attorney may withdraw from the case by filing with the court and serving on all parties a notice of withdrawal. The notice of withdrawal shall include the address of the attorney’s client and a statement that no motion is pending and no hearing or trial has been set. If a motion is pending or a hearing or trial has been set, an attorney may not withdraw except upon motion and order of the court. The motion to withdraw shall describe the nature of any pending motion and the date and purpose of any scheduled hearing or trial.
Rule 74.Withdrawal of counsel
Part IX: Attorneys · Last amended May 1, 2014 · Last verified July 13, 2026
In one sentenceSpells out how a lawyer may withdraw from a case and what happens to the client's ability to move forward afterward.
Full Text of Rule 74
(b) Withdrawal of limited appearance. An attorney who has entered a limited appearance under Rule 75 shall withdraw from the case upon the conclusion of the purpose or proceeding identified in the Notice of Limited Appearance:
(1) by filing and serving a notice of withdrawal; or
(2)
if permitted by the judge, by orally announcing the withdrawal on the record in a proceeding. An attorney who seeks to withdraw before the conclusion of the purpose or proceeding shall proceed under subdivision (a).
(c) Notice to Appear or Appoint Counsel. If an attorney withdraws other than under subdivision (b), dies, is suspended from the practice of law, is disbarred, or is removed from the case by the court, the opposing party shall serve a Notice to Appear or Appoint Counsel on the unrepresented party, informing the party of the responsibility to appear personally or appoint counsel. A copy of the Notice to Appear or Appoint Counsel must be filed with the court. No further proceedings shall be held in the case until 21 days after filing the Notice to Appear or Appoint Counsel unless the unrepresented party waives the time requirement or unless otherwise ordered by the court.
(d) Substitution of counsel. An attorney may replace the counsel of record by filing and serving a notice of substitution of counsel signed by former counsel, new counsel and the client. Court approval is not required if new counsel certifies in the notice of substitution that counsel will comply with the existing hearing schedule and deadlines.
Amendment History
Added effective November 1, 2003; amended effective April 1, 2004; November 1, 2006; April 1, 2007; May 1, 2014.
Plain-English Summary
An attorney who wants off a case can't just walk away. Rule 74 requires a formal notice of withdrawal, filed with the court and served on every party, that lists the client's address and confirms nothing is pending—no motion awaiting a ruling, no hearing or trial on the calendar. If something is pending, the attorney needs the court's permission: a motion to withdraw describing the pending motion or the date and purpose of the upcoming hearing.
Withdrawal works differently for a lawyer who signed on for only a piece of the case under Rule 75's limited-appearance process. That attorney's role ends automatically once the specific task or proceeding is finished, either by filing a notice of withdrawal or, if the judge allows it, by announcing the withdrawal on the record. A limited-appearance lawyer who wants out before finishing the assigned task has to use the regular withdrawal process instead.
When an attorney leaves a case—through withdrawal, death, suspension, disbarment, or removal by the court—and the client isn't immediately represented by new counsel, the opposing party must serve a Notice to Appear or Appoint Counsel, telling the now-unrepresented party to show up personally or hire a new lawyer. The case pauses for 21 days after that notice is filed, unless the unrepresented party waives the wait or the court orders otherwise. Swapping in new counsel is simpler: a signed notice of substitution does the job, with no court approval needed if the new lawyer certifies they'll keep to the existing schedule and deadlines.
Frequently Asked Questions
Can a lawyer withdraw from a case at any time?
Only if no motion is pending and no hearing or trial has been set. If either is true, the attorney needs the court's permission through a motion to withdraw that describes the pending matter.
What happens if my lawyer withdraws and I don't hire someone new right away?
The opposing party must serve you with a Notice to Appear or Appoint Counsel, and the case pauses for 21 days after that notice is filed unless you waive the wait or the court orders otherwise.
Does a limited-appearance lawyer need to file a full withdrawal motion?
No. An attorney who entered a limited appearance under Rule 75 withdraws automatically once the assigned task or proceeding ends, either by filing a notice of withdrawal or, if the judge allows it, by announcing the withdrawal on the record.
Do I need court approval to change lawyers mid-case?
Not if the new attorney certifies, in a notice of substitution signed by the outgoing lawyer, the new lawyer, and the client, that they will comply with the existing hearing schedule and deadlines.
Source & verification. Rule text, Advisory Committee Notes, and
amendment history are reproduced verbatim from the Utah Rules of Civil Procedure,
adopted by the Utah Supreme Court. Last verified July 13, 2026. ·
Official source
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