N.Y. CPLR § 321

NEW YORK CIVIL PRACTICE LAW AND RULES (CPLR) New York State | For Informational Purposes Only CPLR § 321 Attorneys § 321. Attorneys. (a) Appearance in person or by attorney. A party,other than one specified in section 1201 of this chapter, may prosecuteor defend a civil action in person or by attorney, except that acorporation or voluntary association shall appear by attorney, except asotherwise provided in sections 1809 and 1809-A of the New York citycivil court act, sections 1809 and 1809-A of the uniform district courtact and sections 1809 and 1809-A of the uniform city court act, andexcept as otherwise provided in section 501 and section 1809 of theuniform justice court act. If a party appears by attorney such party maynot act in person in the action except by consent of the court.(b) Change or withdrawal of attorney. 1. Unless the party is a personspecified in section 1201, an attorney of record may be changed byfiling with the clerk a consent to the change signed by the retiringattorney and signed and acknowledged by the party. Notice of such changeof attorney shall be given to the attorneys for all parties in theaction or, if a party appears without an attorney, to the party.2. An attorney of record may withdraw or be changed by order of thecourt in which the action is pending, upon motion on such notice to theclient of the withdrawing attorney, to the attorneys of all otherparties in the action or, if a party appears without an attorney, to theparty, and to any other person, as the court may direct.(c) Death, removal or disability of attorney. If an attorney dies,becomes physically or mentally incapacitated, or is removed, suspendedor otherwise becomes disabled at any time before judgment, no furtherproceeding shall be taken in the action against the party for whom heappeared, without leave of the court, until thirty days after notice toappoint led at any time before judgment, no furtherproceeding shall be taken in the action against the party for whom heappeared, without leave of the court, until thirty days after notice toappoint another attorney has been served upon that party eitherpersonally or in such manner as the court directs.(d) Limited scope appearance. 1. An attorney may appear on behalf of aparty in a civil action or proceeding for limited purposes. Whenever anattorney appears for limited purposes, a notice of limited scopeappearance shall be filed in addition to any self-represented appearancethat the party may have already filed with the court. The notice oflimited scope appearance shall be signed by the attorney entering thelimited scope appearance and shall define the purposes for which theattorney is appearing. Upon such filing, and unless otherwise directedby the court, the attorney shall be entitled to appear for the definedpurposes.2. Unless otherwise directed by the court upon a finding ofextraordinary circumstances and for good cause shown, upon completion ofthe purposes for which the attorney has filed a limited scopeappearance, the attorney shall file a notice of completion of limitedscope appearance which shall constitute the attorney's withdrawal fromthe action or proceeding.