Judge John Winkelmann

Applies to

Motion to withdraw

An attorney of record must present a Motion to Withdraw and obtain a court order granting leave before withdrawing.

Applies to

Motion to withdraw

A Motion to Withdraw must include a certificate of the client's last known address.

Applies to

Notice

The movant or Court may notice a matter for ruling without a hearing, and the notice must allow parties to request a hearing or submit a written response by a specified date at least ten days after service.

Applies to

Motion to withdraw

Service

Mail

If the client has not consented in writing, the withdrawing attorney must send the client the Motion to Withdraw and the Request for Setting or Notice of Submission without a hearing by certified mail.

Applies to

Motion to withdraw

Opposing counsel must receive a copy of the Motion to Withdraw and the Request for Setting or Notice of Submission without a hearing by delivery or mail.

Applies to

Order granting leave to withdraw

Service

Mail

After leave to withdraw is granted, the attorney must send the client a copy of the order by certified mail.

A party should, to the extent possible, notify the Court in writing before the setting if an interpreter will be needed.

Contact

Phone

Requests to hear uncontested or ex parte matters may be made by telephone to the Court Coordinator, who will schedule the matter for the next available uncontested docket or another convenient time.

In the event a bona fide emergency exists or a matter requires special attention and the judge of the Court where the case is pending is unavailable, the attorney or party seeking relief shall contact any judge who has jurisdiction and the judge can consider the matter, but the case shall remain in the Court originally filed.

If an attorney already has a setting when filing a Vacation Notice, the attorney must notify opposing counsel and the Court Coordinator and file either an agreed reset for court approval or a Motion for Continuance and obtain a court ruling.

An attorney or pro se party who did not receive timely notice may move for a continuance if the requesting party inaccurately stated opposing counsel’s or a pro se party’s name or address.

Settings may be passed or reset only through a qualifying settlement agreement, a written agreement of all parties approved by the Court, or a court-granted motion for continuance; trial cases cannot be passed by counsel’s agreement alone.