Rule 10 - Death or Removal of Attorney.
334 words·~2 min read·
/mt/title-25/chapter-19/part-1/10·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Rule 10 - Death or Removal of Attorney.
(a)Whenever an attorney representing a party to an action, or in another civil proceeding of any kind, is removed, withdraws, or ceases to act as such, the attorney must inform the court and all other parties of the full name and address of the attorney's client and any other information which the court may find appropriate to assist in contacting the party.
(b)Except as allowed or modified by the limited scope of representation rules, when the attorney representing a party to an action or proceeding dies, is removed, withdraws, or ceases to act as such, that party, before any further proceedings are had against the party must be given notice by any opposing party:
(1)That the party must appoint another attorney or appear in person;
(2)The date of the trial or of the next hearing or action required in the case; and
(3)That if the party fails to appoint an attorney or appear in person by a date certain, which may not be less than twenty-one days from the date of the notice, the action or other proceeding will proceed and may result in a judgment or other order being entered against him/her, by default or otherwise.
(c)Notice may be by personal service or by certified mail to the party's last known address.
(d)If the party does not appoint another attorney or appear in person within twenty-one days of the service or mailing of the notice, the action may proceed to judgment. However, copies of all papers and documents required to be served by these Rules and the Rules of Civil Procedure shall be mailed to the party at the party's last known address.
(e)In addition to the foregoing requirements of this Rule and before any change or substitution of attorney is effective, regardless of the reason for such change or substitution, the requirements of sections 37-61-403 , 37-61-404 and 37-61-405 , MCA, shall have been fully satisfied.