(a) Written Appearances. If a written appearance is filed, copies of the appearance shall be served in the manner required for the service of copies of pleadings.
(b) Time to Plead. A party who appears without having been served with summons is required to plead within the same time as if served with summons on the day he appears.
(c) Appearance and Withdrawal of Attorneys.
(1) Addressing the Court. An attorney shall file a written appearance or other pleading before addressing the court unless the attorney is presenting a motion for leave to appear by intervention or otherwise.
(2) Notice of Withdrawal. Except as provided under paragraph (a)(7), an attorney may not withdraw his or her appearance for a party without leave of court and notice to all parties of record. Unless another attorney is substituted, the attorney must give reasonable notice of the time and place of the presentation of the motion for leave to withdraw, by personal service, certified mail, or a third-party carrier, directed to the party represented at the party’s last known business or residence address. Alternatively, the attorney may give such notice electronically, if receipt is acknowledged by the party. Such notice shall advise said party that to insure notice of any action in said cause, the party should retain other counsel therein or file with the clerk of the court, within 21 days after entry of the order of withdrawal, a supplementary appearance stating therein an address to which service of notices or other documents may be made.
(3) Motion to Withdraw. The motion for leave to withdraw shall be in writing and, unless another attorney is substituted, shall state the last known address(es) of the party represented. The motion may be denied by the court if granting the motion would delay the trial of the case, or would otherwise be inequitable.
(4) Copy to be Served on Party. If the party does not appear at the time the motion for withdrawal is granted, either in person or by substitute counsel, then, within three days of the entry of the order of withdrawal, the withdrawing attorney shall serve the order upon the party in the manner provided in paragraph (c)(2) of this rule and file proof of service of the order.
(5) Supplemental Appearance. Unless another attorney is, at the time of such withdrawal, substituted for the one withdrawing, the party shall file in the case within 21 days after entry of the order of withdrawal a supplementary appearance, stating therein an address at which the service of notices or other documents may be had upon him or her. A self-represented litigant may supply an e-mail address for service, pursuant to Rule 11(b). In the case of the party’s failure to file such supplementary appearance, subsequent notices and filings shall be directed to the party at the last known business or residence address.
(6) Limited Scope Appearance. An attorney may make a limited scope appearance on behalf of a party in a civil proceeding pursuant to Rule of Professional Conduct 1.2(c) when the attorney has entered into a written agreement with that party to provide limited scope representation. The attorney shall file a Notice of Limited Scope Appearance, using an approved statewide form, identifying each aspect of the proceeding to which the limited scope appearance pertains.
An attorney may file a Notice of Limited Scope Appearance more than once in a case. An attorney must file a new Notice of Limited Scope Appearance before any additional aspect of the proceeding in which the attorney intends to appear. A party shall not be required to pay more than one appearance fee in a case.
(7) Withdrawal Following Completion of Limited Scope Representation. Upon completion of the representation specified in the Notice of Limited Scope Appearance filed pursuant to paragraph (6), the attorney shall withdraw from the Limited Scope Appearance through one of the methods provided in parts (i)-(ii) of this paragraph, each of which requires filing a Notice of Completion of Limited Scope Appearance, using an approved statewide form. A withdrawal for any reason other than completion of the limited scope representation shall be requested by motion under paragraphs (c)(2) and (c)(3).
(i) Method 1—In Open Court. If the attorney completes the representation at or before a court hearing attended by the party the attorney represents, the attorney may present the Notice of Completion of Limited Scope Appearance without prior notice to the party the attorney represents or to other parties. Upon presentment of the Notice of Completion of Limited Scope Appearance, the attorney’s appearance is withdrawn without the necessity of leave of court. The court may require the attorney to give written notice of the completion of the limited scope representation to parties who were neither present nor represented at the hearing. If the party objects that the attorney has not completed the limited scope representation, the court must hold an evidentiary hearing on the objection, either immediately or on a specified later date. After hearing the evidence, the court must enter an order allowing the attorney to withdraw from the case unless the court expressly finds by clear and convincing evidence that the attorney has not completed the representation specified in the Notice of Limited Scope Appearance.
(ii) Method 2—Outside of Court. The attorney may also withdraw by filing an approved statewide form Notice of Completion of Limited Scope Appearance outside of open court and serving the Notice and an approved statewide form Objection to Completion of Limited Scope Appearance on the party the attorney represents and other counsel of record and other parties not represented by counsel, unless the court by order excuses service on other counsel and other parties. The attorney must also serve the Notice on the judge then presiding over the case. The attorney must file proof of service in compliance with this paragraph. Upon filing the Notice of Completion of Limited Scope Appearance and Objection to Completion of Limited Scope Appearance, the attorney’s appearance is withdrawn without necessity of leave of court.
Within 21 days after the service of the Notice and Objection, the party may file an Objection to Completion of Limited Scope Appearance, prepared by utilizing, or substantially adopting the appearance and content of, the form provided in the Article I Forms Appendix. The party must serve the Objection on the attorney and must also serve it on other counsel of record and other parties not represented by counsel unless the court by order excuses service on other counsel and other parties. If a timely Objection is filed, however, the attorney must notice a hearing on the Objection. If the ground for the Objection is that the attorney has not completed the representation specified in the Notice of Limited Scope Appearance, the court must hold an evidentiary hearing. After the requisite hearing, the court must enter an order allowing the attorney to withdraw unless the court expressly finds by clear and convincing evidence that the attorney has not completed the representation specified in the Notice of Limited Scope Appearance.
Adopted June 15, 1982, effective July 1, 1982; amended February 16, 2011, effective immediately; amended Jan. 4, 2013, eff. immediately; amended June 14, 2013, eff. July 1, 2013; amended June 22, 2017, eff. July 1, 2017; amended Dec. 22, 2022, eff. Jan. 1, 2023.
Committee Comments
(rev. June 14, 2013)
Rule 13 was added in 1982. It was patterned after Proposed Uniform Circuit Court Rule III, which was prepared by a special committee of the Illinois State Bar Association and approved by the ISBA Board of Governors on June 22, 1976. Under paragraph (c) of this rule, an attorney’s written appearance on behalf of a client before any court in this State binds the attorney to continue to represent that client in that cause until the court, after notice and motion, grants leave for the attorney to withdraw. See Rule of Professional Conduct 1.16(c).
Committee Comments
(rev. Jan. 1, 2023)
Paragraph (c)(6) addresses the provision of limited scope representation to clients under Rule of Professional Conduct 1.2(c). The paragraph is not intended to regulate or impede appearances made pursuant to other types of limited engagements by attorneys, who may appear and withdraw as otherwise provided by Rule 13.
An attorney making a limited scope appearance in a civil proceeding must first enter into a written agreement with the party disclosing the limited nature of the representation. The limited appearance is then effected by using the approved statewide form Notice of Limited Scope Appearance appended to this Rule. Utilizing this approved statewide form promotes consistency in the filing of limited scope appearances, makes the notices easily recognizable to judges and court personnel, and helps ensure that the scope of the representation is identified with specificity.
A party on whose behalf an attorney has filed a Notice of Limited Scope Appearance remains responsible, either personally or through an attorney who represents the party, for all matters not specifically identified in the Notice of Limited Scope Appearance.
Paragraph (c)(6) does not restrict (1) the number of limited scope appearances an attorney may make in a case, (2) the aspects of the case for which an attorney may file a limited scope appearance such as, for example, specified court proceedings, depositions, or settlement negotiations, or (3) the purposes for which an attorney may file a limited scope appearance. Notwithstanding the absence of numeric or subject matter restrictions on filing limited scope appearances, nothing in the Rule restricts the ability of a court to manage the cases before it, including taking appropriate action in response to client or lawyer abuse of the limited scope representation procedures.
Paragraph (c)(7) provides two alternative ways for an attorney to withdraw when the representation specified in the Notice of Limited Scope Appearance has been completed. The first method—in-court presentment of an approved statewide form Notice of Completion of Limited Scope Appearance—can be used whenever the representation is completed at or before a hearing attended by the party the attorney represents. Prior notice is not required. The attorney should use this method whenever practical, because its use ensures that withdrawal occurs as soon as possible and that the court knows of the withdrawal. The attorney’s withdrawal is automatic, and the court should enter an order to that effect.
The second method—filing an approved statewide form Notice of Completion of Limited Scope Appearance with the clerk of the court—enables the attorney to withdraw easily in other situations, without having to make a court appearance. The Notice and an approved statewide form Objection to Completion of Limited Scope Appearance must be served on the party represented and on other counsel of record and other parties not represented by counsel unless the court excuses service on other counsel of record and other parties not represented by counsel. The Notice must also be served on the judge then presiding over the case to ensure that the judge is made aware that the limited scope representation has been completed, subject to the client’s right to object. The attorney’s withdrawal is automatic, and the court should enter an order to that effect.
A client may contest an attorney’s Completion of Limited Scope Appearance by filing an Objection to Completion of Limited Scope Representation within 21 days of service of a Notice of Completion of Limited Scope Appearance.
If the client files a timely Objection to Completion of Limited Scope Appearance pursuant to paragraph (c)(7)(ii), the court must allow the attorney to withdraw unless the court expressly finds by clear and convincing evidence that the attorney has not completed the representation specified in the Notice of Limited Scope Appearance. An evidentiary hearing is required if the client objects to the attorney’s withdrawal based on the attorney’s failure to complete the representation. A nonevidentiary hearing is required if the client objects on a ground other than the attorney’s failure to complete the representation, although the primary function of such a hearing is to explain to the client that such an objection is not well founded. A court’s refusal to recognize a properly presented or filed Notice of Completion of Limited Scope Appearance, or even its encouragement of the attorney to extend the representation, would disserve the interests of justice by discouraging attorneys from undertaking limited scope representations out of concern that agreements with clients for such representations would not be enforced.
A limited scope appearance under the rule is unrelated to “special and limited” appearances formerly used to object to the lack of personal jurisdiction. The use of such appearances ended with the adoption of Public Act 91-145, which amended section 2-301 of the Code of Civil Procedure (735 ILCS 5/2-301) effective January 1, 2000.