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Court Rules

California Rules of Court

Rule 8.36. Substituting parties; substituting or withdrawing attorneys

Cal. Rules of Court, rule 8.36

Current text effective January 1, 2018.

#(a) Substituting parties

Substitution of parties in an appeal or original proceeding must be made by serving and filing a motion in the reviewing court. The clerk of that court must notify the superior court of any ruling on the motion.

#(b) Substituting attorneys

A party may substitute attorneys by serving and filing in the reviewing court a substitution signed by the party represented and the new attorney. In all appeals and in original proceedings related to a superior court proceeding, the party must also serve the superior court.

#(c) Withdrawing attorney

#(1) An attorney may request withdrawal by filing a motion to withdraw. Unless the court orders otherwise, the motion need be served only on the party represented and the attorneys directly affected.

#(2) The proof of service need not include the address of the party represented. But if the court grants the motion, the withdrawing attorney must promptly provide the court and the opposing party with the party's current or last known address and telephone number.

#(3) In all appeals and in original proceedings related to a superior court proceeding, the reviewing court clerk must notify the superior court of any ruling on the motion.

#(4) If the motion is filed in any proceeding pending in the Supreme Court after grant of review, the clerk/executive officer of the Supreme Court must also notify the Court of Appeal of any ruling on the motion.

#

(Subd (c) amended effective January 1, 2018.)

#History

Rule 8.36 amended effective January 1, 2018; repealed and adopted as rule 48 effective January 1, 2005; renumbered effective January 1, 2007.

What this rule requires

Service and Proof of Service Rules

  • Substitution of parties in an appeal or original proceeding must be made by serving and filing a motion in the reviewing court.

  • A party may substitute attorneys by serving and filing in the reviewing court a substitution signed by the party represented and the new attorney.

  • In all appeals and in original proceedings related to a superior court proceeding, the party must also serve the superior court.

  • Unless the court orders otherwise, the motion need be served only on the party represented and the attorneys directly affected.

  • But if the court grants the motion, the withdrawing attorney must promptly provide the court and the opposing party with the party's current or last known address and telephone number.

Chambers Communication Rules

  • The clerk of that court must notify the superior court of any ruling on the motion.

  • In all appeals and in original proceedings related to a superior court proceeding, the reviewing court clerk must notify the superior court of any ruling on the motion.

  • If the motion is filed in any proceeding pending in the Supreme Court after grant of review, the clerk/executive officer of the Supreme Court must also notify the Court of Appeal of any ruling on the motion.

Document Filing Requirements

  • A party may substitute attorneys by serving and filing in the reviewing court a substitution signed by the party represented and the new attorney.

  • An attorney may request withdrawal by filing a motion to withdraw.

  • The proof of service need not include the address of the party represented.

Official text: courts.ca.gov , checked October 19, 2026.