THE COURTS
Title 255—LOCAL COURT RULES
WAYNE COUNTY
Representation of Indigent Parties by Pro Bono Legal Counsel; No. 61-CIVIL-2017
[49 Pa.B. 216]
[Saturday, January 12, 2019]
Order And Now, this 21 day of December, 2018, upon consideration of the Wayne County Bar Association Pro Bono Plan ''Access to Justice'' that was adopted unanimously by the Wayne County Bar Association on November 22, 2017, and it being the express intention of this Court to support the pro bono work of the members of the bar, It Is Hereby Ordered that the following Local Rule of Civil Procedure is Adopted by this Court:
Local Rule 1012. Entry of Appearance. Withdrawal of Appearance. Notice.
1. Every attorney who has agreed to represent an individual pro bono in a matter pending before this Court shall be permitted to withdraw his/her appearance in such matter before its conclusion upon certification that s/he has completed all duties and responsibilities incident to her/his representation and fully complied with the terms of this Local Rule.
2. To make a limited appearance pursuant to this Local Rule, counsel must enter her/his appearance on an approved Praecipe for Entry of Limited Appearance form, attached Exhibit A, which confirms that the attorney is providing free legal service to the party, sets forth with particularity those duties to be rendered for the party, and confirms counsel's belief that the party is unable to pay the costs of a lawyer, as provided by Pa.R.C.P. 240(d)(1).
3. If an attorney has agreed to represent an indigent client pro bono in a matter that has been previously scheduled for a hearing or other court appearance at a time in conflict with the pro bono attorney's pre-existing obligations, the attorney may request a reasonable continuance to allow said attorney to prepare for and participate in the hearing. Before making such request, the pro bono attorney shall contact all parties and obtain from them their consent (or objection) and a date or dates to which the matter may be rescheduled. In the absence of objection, the request for continuance shall be granted without hearing or further Order of this Court; if there is objection, counsel shall present a Motion to Continue in Motions Court.
4. In matters where the client will represent her/himself following pro bono counsel's withdrawal, counsel must use an approved Substitution of Appearance form, attached Exhibit B, to withdraw her/his appearance, which shall include the certifications required by paragraph 1 of this Order and a certificate of service that Notice of Withdrawal of Appearance has been delivered to the client. In instances where pro bono counsel is being replaced by private counsel (pro bono or otherwise), counsel should use standard entry and withdrawal forms.
5. In matters where the Rules of Civil Procedure require leave of Court to be obtained before withdrawal may occur, counsel shall provide a Motion to Withdraw along with a proposed Rule upon all parties to show cause why said withdrawal should not be permitted. The Rule shall be returnable with any answer in opposition to be filed within twenty (20) days. In the absence of any timely-filed answer in opposition, counsel shall present a Rule Absolute granting the petition as being uncontested and entering the withdrawal. In matters in which leave of Court is not required by the Rules of Civil Procedure, withdrawal shall be effective upon the filing of the Praecipe.
6. Except in such cases where said information has been deemed confidential, any entry of appearance by a self-represented party shall set forth the current address and telephone number of the formerly represented client.
7. This Order shall constitute leave of Court for the Prothonotary to enter the withdrawal of pro bono counsel upon satisfaction of the above requirements.
The Effective Date of this Local Rule is 30 days after the date of publication in the Pennsylvania Bulletin.
The District Court Administrator is directed to:
1. File one (1) certified copy of this Order with the Administrative Office of Pennsylvania Courts;
2. Submit two (2) certified copies of this Order to the Legislative Reference Bureau for publication in the Pennsylvania Bulletin along with a copy of this Order on a CD-ROM or other agreed upon alternate format;
3. Publish a copy of this Order on the Wayne County Court of Common Pleas website;
4. Compile the local rule within the complete set of local rules no later than 30 days following publication in the Pennsylvania Bulletin.
By the Court
JANINE EDWARDS,
President Judge
Exhibit A
IN THE COURT OF COMMON PLEAS OF WAYNE COUNTY
COMMONWEALTH OF PENNSYLVANIA
22nd JUDICIAL DISTRICT
___________________________ : PLAINTIFF NAME : Plaintiff : : v. : No. _____ : DEFENDANT NAME : Defendant : :
PRAECIPE FOR ENTRY OF LIMITED APPEARANCE TO THE PROTHONOTARY:
Kindly enter my limited appearance on behalf of ______ , Plaintiff/Defendant in the above matter. I hereby certify that I have accepted this representation as a pro bono volunteer attorney through the Wayne County Bar Association Pro Bono Program. Pursuant to Pa.R.Civ.P. 240(d)(1), I further certify that I believe the party is unable to pay the costs of this proceeding, including my fees. My representation will end, by agreement with my client, upon ____ [specify terms].
Upon completion of the above duties and consistent with the agreement, I may withdraw my appearance by filing the Entry of Appearance of Withdrawal of Appearance form with the Prothonotary or, if Court approval is required, by filing a Motion to Withdraw stating the reasons for withdrawal and attaching a proposed Order. Upon filing my withdrawal or motion to withdraw as counsel, I shall provide a copy of the same to my client and shall certify the address at which my client may receive additional notices after my withdrawal.
Respectfully submitted,
Date: ______ _________________
Name
Attorney ID. No. ____
Address
Telephone Number.
Exhibit B
IN THE COURT OF COMMON PLEAS OF WAYNE COUNTY
COMMONWEALTH OF PENNSYLVANIA
22nd JUDICIAL DISTRICT
___________________________ : PLAINTIFF NAME : Plaintiff : : v. : No. _____ : DEFENDANT NAME : Defendant : :
ENTRY OF APPEARANCE OF SELF-REPRESENTED PARTY I, _________________ , [ ] Plaintiff [ ] Defendant, will be representing myself in this lawsuit from now on. Please WITHDRAW the appearance of my attorney, named below, as my attorney of record.
I understand that I am under a continuing obligation to provide current contact information to the court, to other self-represented parties, and to attorneys of record. All pleadings and legal papers can be served on me at the address listed below, which may or may not be my home address as allowed by court rule:
Print Name: ___________________________
Address: ___________________________
Telephone number: _________________
Dated: _________________ Signed: _________________
WITHDRAWAL OF COUNSEL OF RECORD Kindly WITHDRAW my appearance for the filing party. I hereby certify that I have completed all duties I agreed to perform in my Pro Bono engagement for this client, and in the Limited Entry of Appearance I filed in this case. I also certify that on behalf of the filing party, I am this day serving a true and correct copy of this document on all parties (including the party named above) and/or their counsel of record, by first class mail, postage prepaid.
Date:
_________________
Counsel for the above filing party
Attorney ID No.
Address
[Pa.B. Doc. No. 19-46. Filed for public inspection January 11, 2019, 9:00 a.m.]
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