SECTION 325:70-1-13.1. Entry of appearance of attorney, withdrawal of counsel, address of record, change of address

(a)   In any proceeding before the Commission or the Board of Stewards, any attorney appearing for a party shall file with the Stewards Clerk an entry of appearance no later than the first filing of any pleading or other paper in the case by that counsel or the first appearance before the Executive Director or Board of Stewards. In the event a party adds or substitutes counsel, new counsel shall immediately file an entry of appearance. The entry of appearance shall include the name and signature of counsel, mailing address, telephone number, email address, fax number, Bar Association number, and name of the law firm. Copies shall be served on all other parties of record.

(b)   A motion to withdraw may be filed at any time. All motions to withdraw shall be accompanied by a proposed order. No counsel may withdraw from a pending case without leave of the Executive Director or Board of Stewards. The counsel filing the motion to withdraw shall serve a copy of the motion on the client and all attorneys of record. All motions shall be signed by the party on whose behalf counsel has previously appeared or contain a certificate that:

(1)   the client has knowledge of counsels' intent to withdraw, or

(2)   counsel has made a good faith effort to notify the client and the client cannot be located. Where there is no successor counsel the withdrawing attorney must clearly state in the body of the order the name and current address of the party. If no entry of appearance is filed within thirty (30) days from the date of the order permitting withdrawal, then the unrepresented party is deemed to be pro se. In all cases, counsel seeking to withdraw shall advise the Executive Director or Board of Stewards if the case is currently set for hearing.

(c)   The address of record for any attorney or party appearing in a case pending the Commission or the Board of Stewards shall be the latest address provided to the Stewards Clerk in the entry of appearance, License Application or change of address. The attorney or unrepresented party must, in all cases pending before the Commission or the Board of Stewards, file with the Stewards Clerk and serve upon all counsel and unrepresented parties a notice of a change of address. The attorney or unrepresented party has the duty of maintaining a current address with the Commission and Board of Stewards. Service of notice to the last known address of record of counsel or an unrepresented party, shall be considered valid service for all purposes.

(d)   All attorneys and unrepresented parties shall give immediate notice to the Commission and Board of Stewards of a change of address by filing notice with the Stewards Clerk. The notice of change of address shall contain the same information required by the entry of appearance. The notice of change of address shall be served on all parties, and a copy provided to the Board of Stewards if the case is before the Board. If an attorney or unrepresented party files an entry of appearance, the Commission will assume the correctness of the last address of record, until a notice of change of address is received. Attorneys of record who change firms shall notify the Executive Director and the Board of Stewards of the status of the representation of their clients, and shall immediately withdraw, when appropriate.

(e)   A party may terminate their relationship with attorney of record and must notify the Executive Director or Board of Stewards in writing of such change and effective date.

[Source: Added at 36 Ok Reg 1471, eff 9-14-19]