Idaho Rules of Family Law

Idaho Rules of Family Law Procedure Rule 111. Withdrawal of Attorney.

(a) Withdrawal of Attorney.

(1) Leave of Court Required.   Except when a written notice of substitution has been filed under Rule 110, an attorney seeking to withdraw from a Family Law Action must first obtain leave of the court by:

(A) filing a motion which must be served on the party represented by the withdrawing attorney and all other parties under Rule 205(c), and

(B) providing the party represented by the withdrawing attorney’s last known address in the motion for withdrawal.

Upon filing, the clerk will set the matter for hearing within 21 days.

(2) When Granted.  By written order the court may grant leave to withdraw on a showing of good cause, and may order conditions or sanctions that prevent delay or prejudice to the parties.

(3) Notice of Withdrawal after Final Judgment.  After the entry of a final judgment, an attorney may file a notice of withdrawal without leave of the court. But the withdrawal will not be effective until after the time for appeal has expired and no proceedings are pending.

(4) Automatic Withdrawal. Even if no notice of withdrawal is filed, attorneys will be deemed to have automatically withdrawn as the attorneys of record for their respective clients effective when the time for appeal from the final judgment has expired and there are no proceedings pending.

(b) Service; Content of Order; Stay of Action; Dismissal or Default; Application for default judgment.

(1) Service; Content of Order. The clerk will serve an order allowing an attorney to withdraw on all parties, including the party represented by the withdrawing attorney, according to Rule 809(b). The order must notify the party whose attorney is withdrawing that if a notice of appearance of a new attorney or notice of self-representation is not filed within 21 days after service of the order allowing withdrawal, the court, either on its own motion or on application by the opposing party, may dismiss with prejudice any claims of the party or may order entry of a default against the party without further notice.

(2) Stay of Action. An action must be stayed for 21 days after the clerk’s service of an order allowing an attorney to withdraw, unless there is a waiver by all parties of the 21-day stay and that waiver is approved by the court.

(3) Dismissal or Default; Application for Default Judgment. If a notice of appearance of a new attorney or notice of self-representation is not filed within 21 days after service of the order allowing withdrawal, the court, either on its own motion or on application by the opposing party, may dismiss with prejudice any claims of the party or may enter a default against the party without further notice. Application for entry of default judgment must proceed in accordance with the Idaho Rules of Family Law Procedure, except a party who applies for entry of default judgment is not required to serve the defaulting party with written notice of the application for default judgment.

(c) Withdrawal on Death, Disbarment or Other Conditions.

(1) In the event of the death, extended illness, absence, suspension, or disbarment from the practice of law of an attorney of record in an action, the court must stay the action from further proceedings, unless the attorney is associated with a firm, partnership, corporation or other attorney in the action. The court must then enter an order allowing withdrawal that is subject to the provisions of subsection (b).

(Adopted March 29, 2021, effective July 1, 2021; amended effective January 29, 2025; amended June 30, 2026, effective July 1, 2026.)