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Order Granting Attorneys Motion To Be Releived As Counsel Civil Form. This is a California form and can be use in Miscellaneous Judicial Council.
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Tags: Order Granting Attorneys Motion To Be Releived As Counsel Civil, MC-053, California Judicial Council, Miscellaneous
MC–053
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, state bar number, and address):
FOR COURT USE ONLY
FAX NO. (Optional):
TELEPHONE NO.:
E-MAIL ADDRESS (Optional):
ATTORNEY FOR (Name):
SUPERIOR COURT OF CALIFORNIA, COUNTY OF
STREET ADDRESS:
MAILING ADDRESS:
CITY AND ZIP CODE:
BRANCH NAME:
CASE NAME:
CASE NUMBER:
HEARING DATE:
ORDER GRANTING ATTORNEY’S
MOTION TO BE RELIEVED AS COUNSEL—CIVIL
DEPT.:
TIME:
BEFORE HON.:
DATE ACTION FILED:
TRIAL DATE:
1. The motion of (name of attorney):
to be relieved as counsel of record for (name of client):
a party to this action or proceeding, came on regularly for hearing at the date, time, and place indicated above.
,
2. The following persons were present at the hearing:
FINDINGS
3. Attorney has
a.
personally served the client with papers in support of this motion.
b.
served client by mail and submitted a declaration establishing that the service requirements of California Rules of Court,
rule 3.1362, have been satisfied.
4. Attorney has shown sufficient reasons why the motion to be relieved as counsel should be granted and why the attorney has brought
a motion under Code of Civil Procedure section 284(2) instead of filing a consent under section 284(1).
ORDER
5. Attorney is relieved as counsel of record for client
a.
effective upon the filing of the proof of service of this signed order upon the client.
b.
effective on (specify date):
6. The client’s
current
last known
address and telephone number:
If the client’s current address is known, service on the client must hereafter be made at that address unless otherwise ordered in item
13. If the current address is not known, service must be made according to Code of Civil Procedure section 1011 (b) and rule 3.252 of
the California Rules of Court.
7. a. The next scheduled hearing in this action or proceeding is set for (date, time, and place):
b. The hearing will concern (subject matter):
NOTICE TO CLIENT
You or your new attorney, if any, must prepare for and attend this hearing.
Form Adopted for Mandatory Use
Judicial Council of California
MC-053 [Rev. January 1, 2007]
ORDER GRANTING ATTORNEY’S
MOTION TO BE RELIEVED AS COUNSEL—CIVIL
Page 1 of 2
Code of Civil Proedure., § 284;
Cal. Rules of Court, rule 3.1362
www.courtinfo.ca.gov
American LegalNet, Inc.
www.FormsWorkflow.com
MC–053
CASE NAME:
CASE NUMBER:
8.
The following additional hearings and other proceedings (including discovery matters) are set in this action (describe the date,
time, place, and subject matter of each):
9.
The trial in this action or proceeding:
a.
is not yet set.
b.
is set for (specify date, time, and place):
10. Client is hereby notified of the following effects this order may have upon parties.
NOTICE TO CLIENT
Your present attorney will no longer be representing you. You may not in most cases represent yourself if you are
one of the parties on the following list:
•
•
•
A guardian
A conservator
A trustee
•
•
•
A personal representative
A probate fiduciary
A corporation
•
•
A guardian ad litem
An unincorporated association
If you are one of these parties, YOU SHOULD IMMEDIATELY SEEK LEGAL ADVICE REGARDING LEGAL
REPRESENTATION. Failure to retain an attorney may lead to an order striking the pleadings or to the entry of a
default judgment.
11. Client is notified that, if the client will be representing himself or herself, the client shall be solely responsible for the case.
NOTICE TO CLIENT WHO WILL BE UNREPRESENTED
You will not have an attorney representing you. You may wish to seek legal assistance. If you do not have a new
attorney to represent you in this action or proceeding, and you are legally permitted to do so, you will be
representing yourself. It will be your responsibility to comply with all court rules and applicable laws. If you fail to
do so, or fail to appear at hearings, action may be taken against you. You may lose your case.
12. Client is notified that it is the client’s duty to keep the court informed at all times of the client’s current address.
NOTICE TO CLIENT WHO WILL BE UNREPRESENTED
The court needs to know how to contact you. If you do not keep the court and other parties informed of your current
address and telephone number, they will not be able to send you notices of actions that may affect you, including
actions that may adversely affect your interests or result in your losing the case.
13. The court further orders (specify):
Date:
JUDGE OR JUDICIAL OFFICER
MC-053 [Rev. January 1, 2007]
ORDER GRANTING ATTORNEY’S
MOTION TO BE RELIEVED AS COUNSEL—CIVIL
Page 2 of 2
