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Form 8-4

Include the following notice if a minor is named in the caption or if the motion contains other unredacted sensitive data. See § 6 of the Introduction in volume 1 of this manual concerning protection of sensitive data in filed documents.

NOTICE: THIS DOCUMENT
CONTAINS SENSITIVE DATA

[Caption. See § 3 of the Introduction in volume 1 of this manual.]

Motion for Withdrawal of Counsel

This Motion for Withdrawal of Counsel is brought by [name of movant], who is attorney of record for [name of client]. [Name of movant] requests the Court to grant [him/her] permission to withdraw as attorney for [name of client] in this case. In support, [name of movant] shows:

Good cause exists for withdrawal of [name of movant] as counsel, in that [[he/she] is unable to effectively communicate with [name of client] in a manner consistent with good attorney-client relations/[name of client] no longer wishes to retain [name of movant] and wishes to represent [himself/herself]/[state other reason for withdrawal]].

If another attorney is to be substituted, include the following paragraph and continue with the prayer.

[Name, address, e-mail address, telephone number, fax number, and State Bar of Texas identification number of new attorney] has been employed to represent [name of client], as evidenced by [his/her] signature on this motion. [Name of client] has consented to the substitution of [name of new attorney] for [name of movant] as counsel, [and the written consent is attached to this motion as Exhibit [exhibit number/letter]/as evidenced by [his/her] signature on this motion]. This withdrawal is not sought for delay only.

If another attorney is not to be substituted, include the following paragraphs, selecting as appropriate.

A copy of this motion has been delivered to [name of client], who is hereby notified in writing of [his/her] right to object to this motion. [Name of client] [has/has not] consented to the motion [include if applicable: , and the written consent is attached to this motion as Exhibit [exhibit number/letter]/, as evidenced by [his/her] signature on this motion]. The last known address of [name of client] is [address of client].

Select one of the following.

There are no pending settings or deadlines, including discovery deadlines, in this case.

The settings and deadlines, including discovery deadlines, in this case are as follows: [specify all pending settings and deadlines].

Select one of the following.

There have not been any hearings in this case.

The following hearings have been held in this case and have been recorded by the court reporters set forth below:

Type of Hearing	Date of Hearing	Transcript Requested?	Transcript Received?	Court Reporter’s Name, Address, Tel. No.

Continue with the following.

The discovery period in this suit will continue until [date].

Select one of the following.

No discovery requests have been served by either party in this case.

Petitioner has served Respondent with the following discovery requests and Respondent has served Petitioner with the following responses:

Type of Discovery Request	Served by Petitioner?		Response Served by Respondent?
	Yes	No	Yes	No
Interrogatories
Request for Production
Request for Disclosure
Request for Admissions
[Other discovery requests]

Respondent has served Petitioner with the following discovery requests and Petitioner has served Respondent with the following responses:

Type of Discovery Request	Served by Respondent?		Response Served by Petitioner?
	Yes	No	Yes	No
Interrogatories
Request for Production
Request for Disclosure
Request for Admissions
[Other discovery requests]

Select one of the following.

There have not been any oral depositions in this case.

The following oral depositions have been held in this case and have been recorded by the court reporters set forth below:

Name of Deponent	Date of Deposition	Transcript Requested?	Transcript Received?	Court Reporter’s Name, Address, Tel. No.

Continue with the following if another attorney is not to be substituted.

On entry of an order granting this motion and discharging Movant as attorney of record for [name of client], Movant will provide [name of client] with the originals of all of [name of client]’s discovery responses and documents [name of client] has produced in response to discovery requests.

Notice to Client

You are hereby notified that this Motion for Withdrawal of Counsel is set for hearing at the time and place stated below. You do not have to agree to this motion. If you wish to contest the withdrawal of [name of attorney] as your attorney, you should appear at the hearing. If you do not oppose [name of attorney]’s withdrawal as your attorney, you may notify [name of attorney] in writing of your consent to this motion.

Continue with the following in all motions.

[Name of movant] prays that the Court enter an order discharging [him/her] as attorney of record for [name of client].

[Name]
Attorney for [name of client]
State Bar No.:
[E-mail address]
[Address]
[Telephone]
[Fax]

Include the following if another attorney is not to be substituted.

Notice of Hearing

The above motion is set for hearing on __________________ at ____________ __.m. in [designation and location of court].

SIGNED on ________________________________.

Judge or Clerk

Continue with the following.

Certificate of Service

I certify that a true copy of this [document/[title of document]] was served in accordance with rule 21a of the Texas Rules of Civil Procedure on the following on [date]:

[Name of attorney of record or party to be served] by [electronic filing manager/e-mail at [e-mail address]/fax at [fax number]/personal delivery at [address]/commercial delivery service at [address]/certified mail at [address]/first-class mail at [address]]. [Repeat for each attorney of record or party to be served.]

[Name]
Attorney for [name of client]

Include the following if applicable.

AGREED TO AND APPROVED:

[Name of client]

Consult local rules for additional requirements of this motion.

Attach exhibit if applicable.