Praecipe for Withdrawal of Appearance
(PA)

Summary

This template is a praecipe for withdrawal of appearance by counsel of record. Counsel of record in a Pennsylvania action can use this template to withdraw their appearance after the court has granted permission to withdraw. This template contains practical guidance and drafting notes. Usually, the court order granting leave to withdraw will be sufficient to withdraw an attorney from a case. However, it is good practice to file a praecipe to withdraw your appearance with the civil clerk, because this insures that your information is administratively taken off the docket as counsel of record. An attorney does not want to appear on an active docket once the attorney has closed the file and moved on. Although this template is intended for use after court approval for leave has been granted, there are other situations in which an attorney may withdraw their appearance without leave of court, and those situations involve different appearance/withdrawal templates. 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 has previously entered their appearance, then "[a]n attorney may withdraw his or her appearance without leave of court[.]" Pa. R. Civ. P. 1012(b)(2)(i). You should use the Praecipe for Withdrawal of Appearance without Leave of Court (PA) if that situation applies and you simply need to direct the prothonotary to withdraw your appearance without leave of court. • 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). If that situation applies and you need to substitute counsel simultaneously, you should use the Praecipe for Substitution of Counsel without Leave of Court (PA). If neither of the exceptions apply, use this template. See also Praecipe for Entry of Appearance (PA); Pa. R. Civ. P. 1012(f)(1) (provides templates for the praecipes for entry of appearance, withdrawal of appearance, and substitution of counsel). 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 withdrawal through the court's electronic filing system (EFS) satisfies any applicable Pennsylvania or local rules regarding service of withdrawals. See Pa. R.C.P. 20)5.4. 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).