Rules of Court · Part 7 · New Jersey
R. 7:7-9 New Jersey Rules of Court, R. 7:7-9: Filing Appearance; Withdrawal from Representation and Substitution of Attorney, rendered as code with every cross-reference linked
Filing Appearance; Withdrawal from Representation and Substitution of Attorney
(a) Filing Appearance. The attorney for the defendant in an action before the municipal court shall immediately file an appearance with the municipal court administrator of the court having jurisdiction over the matter and shall serve a copy on the appropriate prosecuting attorney or other involved party, as identified by the municipal court administrator.
(b) Withdrawal, Substitution Prior to Receipt of Discovery. Prior to the receipt of any discovery, an attorney may withdraw as counsel without leave of court with the client's consent provided a substitution of attorney is filed naming the substituted attorney or indicating that the client will appear pro se.
(c) Withdrawal, Substitution Prior to Completion of Discovery and Prior to the Setting of a Trial Date. Prior to the completion of discovery and the setting of a trial date, an attorney may withdraw as counsel without leave of court upon the filing of the client's written consent and a substitution of attorney executed by both the withdrawing attorney and the substituted attorney indicating that the withdrawal and substitution will not cause or result in delay. In the substitution of attorney, the withdrawing attorney shall certify that all discovery received from the State has been or will be provided to the substituting attorney within five business days after the filing of the fully executed substitution of attorney with the court.
(d) Withdrawal, Substitution After Completion of Discovery and After the Setting of a Trial Date. After completion of discovery and the setting of a trial date, an attorney may not withdraw or substitute as counsel without leave of court.
(e) Motion at Any Stage of Proceedings. Nothing in this rule prohibits an attorney from filing a motion at any stage of the proceedings to be relieved from representing the defendant or be substituted as counsel.
(f) Requesting Discovery at Any Stage of Proceedings. Nothing in this rule prohibits a pro se defendant or substituting attorney from requesting discovery at any stage of the proceedings.
Note: Source-R. (1969) 3:8-1. Adopted October 6, 1997 to be effective February 1, 1998; caption amended, text designated as paragraph (a) and caption added, and new paragraphs (b) through (f) adopted July 30, 2021 to be effective September 1, 2021.
Verbatim rule text, unmarked. Nothing here is a summary.
rule 7:7-9 "Filing Appearance; Withdrawal from Representation and Substitution of Attorney" {
(a) Filing Appearance. The attorney for the defendant in an action before the municipal court shall immediately file an appearance with the municipal court administrator of the court having jurisdiction over the matter and shall serve a copy on the appropriate prosecuting attorney or other involved party, as identified by the municipal court administrator.
(b) Withdrawal, Substitution Prior to Receipt of Discovery. Prior to the receipt of any discovery, an attorney may withdraw as counsel without leave of court with the client's consent provided a substitution of attorney is filed naming the substituted attorney or indicating that the client will appear pro se.
(c) Withdrawal, Substitution Prior to Completion of Discovery and Prior to the Setting of a Trial Date. Prior to the completion of discovery and the setting of a trial date, an attorney may withdraw as counsel without leave of court upon the filing of the client's written consent and a substitution of attorney executed by both the withdrawing attorney and the substituted attorney indicating that the withdrawal and substitution will not cause or result in delay. In the substitution of attorney, the withdrawing attorney shall certify that all discovery received from the State has been or will be provided to the substituting attorney within five business days after the filing of the fully executed substitution of attorney with the court.
(d) Withdrawal, Substitution After Completion of Discovery and After the Setting of a Trial Date. After completion of discovery and the setting of a trial date, an attorney may not withdraw or substitute as counsel without leave of court.
(e) Motion at Any Stage of Proceedings. Nothing in this rule prohibits an attorney from filing a motion at any stage of the proceedings to be relieved from representing the defendant or be substituted as counsel.
(f) Requesting Discovery at Any Stage of Proceedings. Nothing in this rule prohibits a pro se defendant or substituting attorney from requesting discovery at any stage of the proceedings.
Note: Source-R. (1969) 3:8-1. Adopted October 6, 1997 to be effective February 1, 1998; caption amended, text designated as paragraph (a) and caption added, and new paragraphs (b) through (f) adopted July 30, 2021 to be effective September 1, 2021.
}
referenced_by: 1:11-2, 7:3-2
source: njcourts.gov // verbatim; changed 2025-09-22; corpus harvested 2026-09-02← R. 7:7-8 · R. 7:7-10 → · chapter 7:7 · all rules
The Rules of Court are a government edict and carry no copyright; the text above is the Judiciary’s own publication, unchanged. Structure, links and highlighting are ours and carry no legal weight. Read the rule on njcourts.gov before you rely on it; amendments take effect each September 1.