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Circuit Court Probate Division Rules Table of Contents

RULES OF THE CIRCUIT COURT OF THE STATE OF NEW HAMPSHIRE -- PROBATE DIVISION 

Rule 20. WITHDRAWALS.


      A.  Parties may withdraw an Appearance in the following manner:

           1. 
A Pro Se Party, including Pro Se Creditor shall file a withdrawal with the Register and certify that a copy of the withdrawal has been forwarded to all other Parties.

   2.  An Attorney for a Creditor shall file a withdrawal with the Register and certify that a copy of the withdrawal has been forwarded to the Party for whom the Attorney appears at such Party's last known address and to all other Parties.

   3.  Attorney for any other party and Guardian ad Litem. Other than limited representation by attorneys as allowed by Rule 14 and Professional Conduct Rule 1.2(f)), an Attorney for any other party and Guardian ad Litem shall file a motion to withdraw with the Register and certify that a copy of the motion has been forwarded to the Party for whom the Attorney appears at such Party's last known address and to all other Parties. In cases scheduled for a hearing, no motion to withdraw shall be granted except for good cause shown. A factor which may be considered by the Court in determining whether good cause for withdrawal has been shown is the client's failure to meet his or her financial obligations to pay for the Attorney's services. A Withdrawal is not effective until the motion to withdraw is granted by the Court.

   4.  Attorney for Respondent. Other than limited representation by attorneys as allowed by Rule 14 and Professional Conduct Rule 1.2(f)), an Attorney for Respondent shall file a motion to withdraw with the Register and certify that a copy of the motion has been forwarded to the Party for whom the Attorney appears at such Party's last known address and to all other Parties.

          (a)  In cases scheduled for a hearing, no motion to withdraw shall be granted except for good cause shown.  A factor which may be considered by the Court in determining whether good cause for withdrawal has been shown is the client's failure to meet his or her financial obligations to pay for the Attorney's services.  A Withdrawal is not effective until the motion to withdraw is granted by the Court.

           (b)  Whenever an Attorney is allowed to withdraw an Appearance, and no other Appearance is contemporaneously entered, the Register shall notify the Party by mail of such withdrawal, and, unless the Party appears pro se or by an Attorney by a date fixed by the Court, any contested matter shall proceed as though that Party has defaulted and does not wish to be heard.

    5.  Automatic Termination of Limited Representation.  Any limited representation appearance filed by an attorney, as authorized under Professional Conduct Rule 1.2(f)) and Rule 14 of this Court, shall automatically terminate upon completion of the agreed representation, without the necessity of leave of Court, provided that the attorney shall provide the Court a “withdrawal of limited appearance” form giving notice to the Court and all parties of the completion of the limited representation and termination of the limited appearance.  Any attorney having filed a limited appearance who seeks to withdraw prior to the completion of the limited representation stated in the limited appearance, however, must comply with either 3. or 4. above, as may be applicable.

B.  The Court upon Motion, or on its own Motion, may strike a Party from the record, if the Party no longer has an interest in the matter.

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