§ 321 — Attorneys

New York § 321

• Jurisdiction: New York
• Law CVP: Civil Practice Law & Rules
• Art. 3: Jurisdiction and Service, Appearance and Choice of Court

Text

§ 321. Attorneys. (a) Appearance in person or by attorney. A party,\nother than one specified in section 1201 of this chapter, may prosecute\nor defend a civil action in person or by attorney, except that a\ncorporation or voluntary association shall appear by attorney, except as\notherwise provided in sections 1809 and 1809-A of the New York city\ncivil court act, sections 1809 and 1809-A of the uniform district court\nact and sections 1809 and 1809-A of the uniform city court act, and\nexcept as otherwise provided in section 501 and section 1809 of the\nuniform justice court act. If a party appears by attorney such party may\nnot act in person in the action except by consent of the court.\n (b) Change or withdrawal of attorney. 1. Unless the party is a person\nspecified in section 1201, an attorney of record may be changed by\nfiling with the clerk a consent to the change signed by the retiring\nattorney and signed and acknowledged by the party. Notice of such change\nof attorney shall be given to the attorneys for all parties in the\naction or, if a party appears without an attorney, to the party.\n 2. An attorney of record may withdraw or be changed by order of the\ncourt in which the action is pending, upon motion on such notice to the\nclient of the withdrawing attorney, to the attorneys of all other\nparties in the action or, if a party appears without an attorney, to the\nparty, and to any other person, as the court may direct.\n (c) Death, removal or disability of attorney. If an attorney dies,\nbecomes physically or mentally incapacitated, or is removed, suspended\nor otherwise becomes disabled at any time before judgment, no further\nproceeding shall be taken in the action against the party for whom he\nappeared, without leave of the court, until thirty days after notice to\nappoint another attorney has been served upon that party either\npersonally or in such manner as the court directs.\n (d) Limited scope appearance. 1. An attorney may appear on behalf of a\nparty in a civil action or proceeding for limited purposes. Whenever an\nattorney appears for limited purposes, a notice of limited scope\nappearance shall be filed in addition to any self-represented appearance\nthat the party may have already filed with the court. The notice of\nlimited scope appearance shall be signed by the attorney entering the\nlimited scope appearance and shall define the purposes for which the\nattorney is appearing. Upon such filing, and unless otherwise directed\nby the court, the attorney shall be entitled to appear for the defined\npurposes.\n 2. Unless otherwise directed by the court upon a finding of\nextraordinary circumstances and for good cause shown, upon completion of\nthe purposes for which the attorney has filed a limited scope\nappearance, the attorney shall file a notice of completion of limited\nscope appearance which shall constitute the attorney's withdrawal from\nthe action or proceeding.\n