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Cal. Rules of Court, rule 8.36 · Article 2. Service, Filing, Filing Fees, Form, and Privacy

Substituting parties; substituting or withdrawing attorneys

Verbatim from the official edition

Text — As posted by the Judicial Council of California (read October 22, 2026)

(a) Substituting parties

Substitution of parties in an appeal or original proceeding must be made by serving and filing a motion in the reviewing court. The clerk of that court must notify the superior court of any ruling on the motion.

(b) Substituting attorneys

A party may substitute attorneys by serving and filing in the reviewing court a substitution signed by the party represented and the new attorney. In all appeals and in original proceedings related to a superior court proceeding, the party must also serve the superior court.

(c) Withdrawing attorney

(1) An attorney may request withdrawal by filing a motion to withdraw. Unless the court orders otherwise, the motion need be served only on the party represented and the attorneys directly affected.

(2) The proof of service need not include the address of the party represented. But if the court grants the motion, the withdrawing attorney must promptly provide the court and the opposing party with the party's current or last known address and telephone number.

(3) In all appeals and in original proceedings related to a superior court proceeding, the reviewing court clerk must notify the superior court of any ruling on the motion.

(4) If the motion is filed in any proceeding pending in the Supreme Court after grant of review, the clerk/executive officer of the Supreme Court must also notify the Court of Appeal of any ruling on the motion.

Notes and commentary — not rule text

History

(Subd (c) amended effective January 1, 2018.)

Rule 8.36 amended effective January 1, 2018; repealed and adopted as rule 48 effective January 1, 2005; renumbered effective January 1, 2007.

Source of truth

Edition
As posted by the Judicial Council of California (read October 22, 2026)
Official file
https://courts.ca.gov/cms/rules/index/eight/rule8_36
Text hash
sha256 bdfcb4d116703efaeeda3009f9310510c4d5a6d30e76a20c1f628c768377d20e
Composed by
compose_crc.py 2026-10-22: the Judicial Council's rule pages read paragraph by paragraph; verify_crc.py's second reading of the Council's per-title PDFs finds every paragraph

Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.