Praecipe for Substitution of Counsel without Leave of Court
(PA)

This template is a praecipe for substitution of counsel without leave of court. Use this template to enter your appearance if you are substituting for counsel in a Pennsylvania case. This template contains practical guidance and drafting notes. This template was drafted based upon the rules for substitution of counsel under Pa. R.C.P. 1012(b)(2)(ii), and its format and language substantially comply with the template set forth in Pa. R.C.P. 1012(f)(3). The general rule is that "an attorney may not withdraw his or her appearance without leave of court." Pa. R. Civ. P. 1012(b)(1). There are two exceptions to this general rule: • If another attorney "is simultaneously entering an appearance on behalf of the party, and the change of attorneys does not delay any stage of the litigation," you may withdraw without leave of court. Pa. R. Civ. P. 1012(b)(2)(ii). Use this substitution of counsel without leave template for this situation. • If another attorney has previously entered an appearance, the current attorney may withdraw without leave of court. In that situation, use the Praecipe for Withdrawal of Appearance without Leave of Court (PA) template. Pa. R. Civ. P. 1012(f)(1) provides forms for the praecipe for entry of appearance, the praecipe for withdrawal of appearance, and the substitution of counsel. Pa. R. Civ. P. 1012(f). See also Praecipe for Entry of Appearance (PA) and Praecipe for Withdrawal of Appearance (PA). Written notice of a withdrawal must be given "forthwith to all parties." Pa. R.C.P. 1012(a). A copy of the withdrawal can be sent by regular mail—either before or right after the withdrawal is filed with the court—to the address used by a party of record. This is acceptable service under Pa. R.C.P. 440. Hand delivery, leaving a copy at the attorney's office, certified mail, or expedited delivery service such as UPS or Federal Express, and, in certain cases, by facsimile (with a proper cover sheet under Rule 440(d)(2)) are proper service for an entry, withdrawal, or substitution of counsel under Rule 440. In e-filing counties, an electronically filed entry or substitution that is filed through the court's e-filing system satisfies any applicable Pennsylvania or local rules regarding service. See Pa. R.C.P. 205.4 and the EFS procedures for the county court of common pleas regarding filing and service of electronically filed pleadings. For more details on e-filing in Pennsylvania, see E-filing in State Court (PA). For a full listing of key content covering fundamental civil litigation tasks throughout a Pennsylvania state court litigation lifecycle, see Civil Litigation Fundamentals Resource Kit (PA).