Cal. Rules of Court, rule 8.814 · Chapter 1. General Rules Applicable to Appellate Division Proceedings
Substituting parties; substituting or withdrawing attorneys
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 appellate division. The clerk of the appellate division must notify the trial court of any ruling on the motion.
(b) Substituting attorneys
A party may substitute attorneys by serving and filing in the appellate division a stipulation signed by the party represented and the new attorney.
(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, e-mail address, and telephone number.
(3) In all appeals and in original proceedings related to a trial court proceeding, the appellate division clerk must notify the trial court of any ruling on the motion.
Notes and commentary — not rule text
History
(Subd (c) amended effective January 1, 2016.)
Rule 8.814 amended effective January 1, 2016; adopted effective January 1, 2009.
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_814
- Text hash
- sha256 abdcfc2fae60a3ed047123bb481d9efe1061ca8df115693e8096630c9dd59dc2
- 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.