|[News] Amiga's Attorneys File motion to Withdraw as Their Attorneys in the Thendic-Amiga Lawsuit||ANN.lu|
|Posted on 25-Sep-2003 20:26 GMT by Rich Woods||147 comments|
Amiga's Attorneys File motion to Withdraw as Their Attorneys in the Thendic-Amiga Lawsuit
Although I have known about this action since last weekend I have refrained from posting this info until I had the court documentation available. It has just become available today.|
23 MOTION Requesting Leave to Withdraw as Counsel for Defendant by Amiga Inc. (Attachments: # 1 Text of Proposed Order)(Temp5, ) (Entered: 09/25/2003)
24 DECLARATION of DIANA S. SHUKIS in Support of 23 MOTION RequestingLeave to Withdraw as Counsel for Defendant, filed by Defendant Amiga Inc. re (Temp5, ) (Entered: 09/25/2003)
25 CERTIFICATE OF SERVICE by Defendant Amiga Inc re 23 MOTION for Leave to Withdraw as Counsel, 24 Declaration of Diana S. Shukis. (Temp5, ) (Entered: 09/25/2003)
Amiga's attorney's have filed a motion before the Federal Court to withdraw as Attorneys for Amiga - effectively leaving them with no counsel.
This means that they could default on their action(s) and counter-claims.
The documents are available at:
Certificate of Service To Withdraw
Withdrawal of Counsel 1
Withdrawal of counsel 2
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|Amiga's Attorneys File motion to Withdraw as Their Attorneys in the Thendic-Amiga Lawsuit : Comment 89 of 147||ANN.lu|
|Posted by Rich Woods on 26-Sep-2003 01:46 GMT|
|In reply to Comment 88 (Rich Woods):|
Knowing that he won't be able to find the info himself I've posted part of the governing rules. Not that he'll understand it but others will.
(f) Appearance and Withdrawal of Attorneys
(1) Whenever a party has appeared by attorney, he cannot thereafter appear or act in his own behalf in the cause, or take any step therein, unless an order of substitution shall first have been made by the court, after notice to the attorney of such party, and to the opposite party; provided, that the court may in its discretion hear a party in open court, notwithstanding the fact that he has appeared, or is represented by attorney.
(2) When an attorney dies, or is removed or suspended, or ceases to act as such, a party to an action for whom he was acting as attorney must, before any further proceedings are had in the action on his behalf, appoint another attorney or appear in person, unless such party is already represented by another attorney. Where there has simply been a change or addition of counsel within the same law office, an order of substitution is not required.
(3) The authority and duty of attorneys of record shall continue until there shall be a substitution of some other attorney of record, except as herein otherwise expressly provided, and shall continue after final judgment for all proper purposes.
(4) (A) No attorney shall withdraw an appearance in any cause, civil or criminal, except by leave of court. Leave shall be obtained by filing a motion or a stipulation for withdrawal or, if appropriate, by complying with the requirement of CrR 5(d)(2). A motion for withdrawal shall be noted in accordance with CR 7(d)(2) or CrR 12(c)(7) and shall include a certification that the motion was served on the client and opposing counsel. A stipulation for withdrawal shall also include a certification that it has been served upon the client. The attorney will ordinarily be permitted to withdraw until sixty days before the discovery cut off date in a civil case.
(B) If the attorney for a corporation is seeking to withdraw, the attorney shall certify to the court that he or she has advised the corporation that it is required by law to be represented by an attorney admitted to practice before this court and that failure to obtain a replacement attorney by the date the withdrawal is effective may result in dismissal of the corporation's claims for failure to prosecute and/or entry of default against the corporation as to any claims of other parties.
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