Rule 5 - Entry of Appearance and Withdrawal(a)Entry of Appearance. An attorney enters an appearance in any matter before an appellate court when the attorney files an entry of appearance or signs a document filed with the appellate court. An entry of appearance must identify the party for whom the appearance is made and provide the attorney's office address, telephone number, email address, and attorney registration number. An entry of appearance by an attorney who is a member or an employee of a law firm, professional corporation, or clinic relieves other members or employees of the same law firm, professional corporation, or clinic from needing to file an entry of appearance in the same proceeding unless the court indicates otherwise. An attorney who enters an appearance and wishes to withdraw must comply with this rule.(b)Withdrawal without Leave of Court. An attorney may withdraw from a case without leave of the appellate court by filing a notice of withdrawal confirming that the withdrawing attorney has complied with all outstanding appellate court orders and one of the following applies:(1) the party represented by the withdrawing attorney will continue to be represented by co-counsel who has already entered an appearance pursuant to subsection (a); or(2) the notice of withdrawal includes a substitution of counsel, signed by both the withdrawing and replacement attorneys, containing the information required for an entry of appearance under subsection (a) for replacement counsel; or(3) the withdrawing attorney is a member or employee of a law firm, professional corporation, or clinic, and another attorney from the same law firm, professional corporation, or clinic will represent the party. Withdrawal of an attorney pursuant to this subsection relieves the other attorneys of the same law firm, professional corporation, or clinic from needing to file an entry of appearance or withdrawal in the same proceeding unless the court indicates otherwise.(c)Withdrawal with Leave of Court. If not covered by subsection (b), an attorney may withdraw from a case only with the appellate court's approval. Such approval rests in the appellate court's sound discretion, and will not be granted until a motion to withdraw or a Form Motion to Withdraw [JDF Form 1905 SC] has been filed and served on the client and the other parties of record or their attorneys and either (i) both the client and all counsel for the other parties consent in writing at or after the time of service of the motion, or (ii) at least 14 days have expired after service of the motion. Every motion to withdraw must contain the following advisements to the client:
(1) that the attorney wishes to withdraw;(2) that the appellate court retains jurisdiction;(3) that the client has the burden of keeping the appellate court and other parties informed where notices, pleadings, or other documents may be served;(4) that the client has the obligation to prepare for all appellate proceedings, or secure other counsel to so prepare;(5) that, if the client fails or refuses to meet these burdens, the appellate court may impose appropriate sanctions, including dismissal of the case;(6) of the dates of any proceedings and that the holding of such proceedings will not be affected by the withdrawal of counsel;(7) if the client is not a natural person, that it must be represented by counsel in any appellate proceeding unless it is a closely held entity and first complies with section 13-1-127, C.R.S.;(8) of the client's last known address, telephone number, and email address and that process may be served on the client at the client's last known address; and(9) of the client's right to object within 14 days of the date of service of the motion to withdraw.(d) Objections to Motion to Withdraw. The client and opposing parties have 14 days after the service of a motion to withdraw within which to file an objection to the withdrawal.(e)Limited Legal Services. An attorney may provide limited legal services to a self-represented party involved in a civil appellate proceeding in accordance with Colo. R.P.C. 1.2(c) and the following provisions. (1) Limited Legal Services Requiring Entry of Appearance and Withdrawal. An attorney may make a limited appearance for a self-represented party in a civil appellate proceeding if the attorney files and serves with the court and the other parties and attorneys (if any) a notice of the limited appearance prior to or simultaneous with the part(s) of the proceeding for which the attorney appears. At the conclusion of such part(s) of the proceeding, the attorney's appearance terminates without the necessity of leave of court, upon the attorney filing a notice of completion of limited appearance. Service on an attorney who makes a limited appearance for a party will be valid only in connection with the specific part(s) of the proceeding for which the attorney appears.(2) Limited Legal Services Requiring Disclosure of Attorney Assistance without Entry of Appearance. An attorney may provide drafting assistance to a self-represented party involved in a civil appellate proceeding without filing a notice of limited appearance. Documents filed by the self-represented party that were prepared with the drafting assistance of the attorney must include the attorney's name, address, telephone number, e-mail address, and registration number. The attorney must provide a signed attorney disclosure certification to the self-represented party for the self-represented party to file with the court as an attachment to the document(s). The certification must indicate whether the attorney provided drafting assistance for the entire document or for specific sections only, and if for specific sections, indicate which sections. The certification also must contain the following statement: "In helping to draft the document filed by the self-represented party, the attorney certifies that, to the best of the attorney's knowledge, information, and belief, this document, or specified section(s), is (A) well-grounded in fact based upon a reasonable inquiry of the self-represented party by the attorney, (B) warranted by existing law or a good faith argument for the extension, modification, or reversal of existing law, and (C) not interposed for any improper purpose, such as to harass or to cause unnecessary delay or needless increase in the cost of litigation." The attorney in providing such drafting assistance may rely on the self-represented party's representation of facts, unless the attorney has reason to believe that such representations are false or materially insufficient, in which instance the attorney must make an independent reasonable inquiry into the facts. The attorney's violation of this subsection (e)(2) may subject the attorney to sanctions provided by C.A.R. 38. Providing limited legal services to a self-represented party under this subsection (e)(2) does not constitute an entry of appearance by the attorney for purposes of this rule and does not authorize or require the service of papers upon the attorney.(3) Limited Legal Services Not Requiring Entry of Appearance or Disclosure of Attorney Assistance. An attorney may provide the following forms of assistance to a self-represented party in a civil appellate proceeding without satisfying the requirements of subsections (e)(1) and (2) of this rule: (A) assistance in filling out pre-printed or electronically published forms that are issued by the judicial branch;(B) oral assistance or advice given to the self-represented party regarding the self-represented party's case; and(C) short-term legal assistance offered to a self-represented party on a pro bono basis, including but not limited to assistance through a nonprofit or court-sponsored program, that does not create an expectation by either the client or the lawyer that legal assistance will continue. Providing limited legal services to a self-represented party under this subsection (e)(3) does not authorize or require the service of papers upon the attorney.(f)Termination of Representation. When an attorney has entered an appearance, other than a limited appearance pursuant to C.A.R. 5(e)(1), on behalf of a party in an appellate court without having previously represented that party in the matter in any other court, the attorney's representation of the party will terminate at the conclusion of the part(s) of the proceeding in the appellate court in which the attorney has appeared, unless otherwise directed by the appellate court or agreed to by the attorney and the party represented. Counsel may file a notice of such termination of representation in any other court.Source: Entire rule added August 30, 1985, effective 1/1/1986; (b)(2) amended and effective 4/7/1994; (b) amended and effective 4/5/2010; (b)(9) and (c) amended and adopted December 14, 2011, effective 1/1/2012, for all cases pending on or filed on or after January 1, 2012, pursuant to C.R.C.P. 1 (b); (e) and f adopted and effective 10/11/2012; Amended November 1, 2017, effective 1/1/2018; amended and adopted by the Court, En Banc, February 24, 2022, effective 7/1/2022; amended and adopted by the Court, En Banc, 5/16/2024, effective immediately.Comment
The purpose of C.A.R. 5(e)(1) is to establish a procedure similar to that set forth in C.R.C.P. 121, section 1-1(5). The purpose of C.A.R. 5(e)(2) and (3) is to establish a procedure similar to that set forth in C.R.C.P. 11(b).
ANNOTATION Law reviews. For article, "How Judges Can Encourage Unbundling", see 48 Colo. Law. 10 (Apr. 2019).