Loc. R. Civ. P. 83.2 — Attorneys of Record—Appearance and Withdrawal
A published court requirement that applies in New York. Category: Local Rules. Effective January 15, 2026. Verified against the official source (W.D.N.Y. — Rules: Individual, Local & Federal (U.S. District Court, Western District of New York)) on November 3, 2026.
Summary
Loc. R. Civ. P. 83.2 — Attorneys of Record—Appearance and Withdrawal: the court's own rule, verbatim from the Local Rules of Civil Procedure, United States District Court for the Western District of New York, effective January 15, 2026 (official PDF, sha-custodied). Court-level requirement: applies in every civil case before the U.S. District Court for the Western District of New York, alongside the Federal Rules of Civil Procedure (the rules are numbered to conform to them) and any judge-specific procedures.
Requirement
Except as provided by Loc. R. Civ. P. 83.1 and this Rule, only Members in good standing of the bar of this Court may appear as attorneys of record. (a) Appearance by Attorneys from Outside this District. (1) An attorney who is not a Member of the bar of this Court may appear in an action only if they apply to become pro hac vice counsel pursuant to Loc. R. Civ. P. 83.1. Pro hac vice attorneys who do not maintain an office in this District must obtain local counsel. “Local counsel” under these Local Rules is defined as a Member of the bar of this Court who maintains an office in this District, with whom the Court and opposing counsel may readily meet and communicate regarding the conduct of this case. A pro hac vice attorney who wishes to be relieved of the local counsel requirement must make a motion for waiver within thirty (30) days of their initial filing. Waiver may be granted in the Court’s discretion. (2) Attorneys appearing on behalf of the United States or a department or agency thereof, and Members of the bar of this Court in good standing but not maintaining an office in the District, may appear without local counsel unless otherwise directed by the Court. (3) An attorney who is not a Member of the bar of this Court may sign pleadings in accordance with Fed. R. Civ. P. 11 and 26(g). (b) Notice of Appearance. No notice of appearance is required of an attorney whose name and address appear at the end of a complaint, notice of removal, pre-answer motion, or answer. In all other circumstances, an attorney appearing for a party in a civil case shall promptly file a notice of appearance. (c) Attorney Withdrawal/Substitution. An attorney who has appeared as counsel of record in a civil matter may withdraw or be substituted by successor counsel in accordance with the following procedure: (1) By Stipulation with Notice of Appearance by Successor Counsel. An attorney may withdraw or be substituted by successor counsel by stipulation endorsed by the client, all counsel of record, and any unrepresented parties in the case, provided: (A) A notice of appearance of successor counsel either has been or is contemporaneously filed with the notice of withdrawal; (B) No evidentiary hearing or trial date has been scheduled in the case; and (C) The withdrawing and successor attorneys certify to the satisfaction of these conditions, and that the withdrawal/substitution of new counsel will not require an amendment of the Scheduling Order. (2) Alternative: By Notice – Same Firm. (A) If the new attorney of record is associated with the same law firm as the former attorney of record, counsel may, in lieu of a Stipulation of Withdrawal/Substitution, submit a notice of appearance affirming that the client has knowledge of and is in agreement with the change. (B) The United States Attorney, Assistant United States Attorneys, and Special Assistant United States Attorneys may be substituted by making an entry on the docket. (3) Alternative: By Notice – Same Firm – Two or More Attorneys – Attorney Departing Firm. If two or more attorneys presently or formerly affiliated with the same law firm are counsel of record for a party, and one of those attorneys is no longer affiliated with the law firm that represents the party, an attorney who remains affiliated with the law firm that represents the party may file a Notice of Withdrawal of Attorney affirming: (A) that the formerly affiliated attorney is no longer affiliated with the law firm that represents the party; (B) that the formerly affiliated attorney should be removed from the docket as counsel of record for the party; and (C) that the attorney who remains affiliated with the law firm that represents the party remains counsel of record for that party. (4) By Motion. In all other instances, an attorney who seeks to withdraw or be substituted as successor counsel shall file a motion, which must be served upon the client and all other counsel of record. If privileged or otherwise confidential information is reasonably necessary to support the application, such information may be submitted in camera to the Court, with a copy to the client only. If the Court takes no action on an unopposed motion for withdrawal or substitution with thirty (30) days of its filing, the motion will be deemed granted. (d) Attorney Changing Firms. An attorney who changes law firms after appearing in a matter, and who will continue to represent a party, shall update PACER with the correct address, email address, and telephone number. If the attorney changing firms will not continue to represent a party, and no other attorney from that law firm remains as counsel of record for that party, the withdrawal/substitution of counsel procedure outlined in subsection (c) shall be followed.
Source of truth
Except as provided by Loc. R. Civ. P. 83.1 and this Rule, only Members in good standing of the bar of this Court may appear as attorneys of record. (a) Appearance by Attorneys from Outside this District. (1) An attorney who is not a Member of the bar of this Court may appear in
- Official source
- W.D.N.Y. — Rules: Individual, Local & Federal (U.S. District Court, Western District of New York)
- Source health
- Healthy · checked November 14, 2026
- Effective date
- January 15, 2026
- Last verified
- November 3, 2026benchpath-nyfed-rules-2026-11-03
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