To remove consent/representation the attorney must follow the steps below.
- Log into NYSCEF
- After logging in, click the Remove Consent link that is located under the Cases column on the Home Page
STEP 1: Reason for Withdraw of Consent/Representation
When on the Remove Consent/Representation page, you will find a list of options on why you are removing your representation.
- If choosing the 1st or 2nd option, a consent to change attorney or an order of the court removing the attorney must already be e-filed in the case. If the required document has not yet been e-filed in the case, you or the Court in the case of an order, must e-file the required document BEFORE you can proceed to remove your representation.
- If choosing the 3rd option, you will be only be permitted to remove your consent if there is another attorney recorded as representing that party in NYSCEF. If not, you will not be permitted to remove your representation. You should notify any incoming attorney that they must record their representation.
- CPLR - 321(b)1 - In the matter I select below, I have e-filed a consent to change attorney signed by me, as the retiring attorney, and signed and acknowledged by the party.
- CPLR - 321(b)2 - In the matter I select below, an order of the court has been e-filed authorizing the withdrawal/change of attorney.
- In the matter I select below, I am no longer an attorney associated with the firm -OR- attorney representation is changing within the firm. I understand that I can remove my consent/representation as long as there remains an attorney recorded for the party/parties.
- CPLR - 321(d) - In the matter I select below, I have completed the purpose(s) for which I have originally filed a notice of limited scope appearance defining the purpose(s) of the limited representation, and I have e-filed a notice of completion, which constitutes my withdrawal from the matter.
Matrimonial actions offer additional options pursuant to NYCRR 202.16-c of the Matrimonial Rules.
- In the matrimonial matter I select below, I am an attorney for a non-party, and the matters before the Court related to the non-party application or any cross application have concluded.
- In the matrimonial matter I select below, the post-judgment proceedings in which I represented the party or child(ren) have concluded by stipulation, final order or withdrawal of the post-judgment proceeding and there are no other such proceedings or cross application/proceedings pending; and no Notice of Appeal has been filed for which I have been retained as Counsel.
- In the matrimonial matter I select below, the judgment of divorce, separation, annulment, or judgment to declare a marriage void or voidable, QDRO, or DRO, has been signed and entered in the office of the County Clerk and served with Notice of Entry also signed and served; and there is no other legal basis for me to continue to have access to the file pursuant to DRL 235(1) or DRL 235(2), and no Notice of Appeal has been filed for which I have been retained as Counsel.
STEP 2: Select the matter to remove your consent/representation from
Once a reason for withdrawal of consent/representation has been selected, you will have to then choose the action the withdrawal will apply to. You will be presented with a list of all actions you have recorded your consent on. You can narrow that list by Court, Case Type or Case Number. Once you see the case you would like to remove your appearance from, click the "Remove" button.
When you click "Remove", a message will be displayed either confirming your removal from the case selected or stating why the removal
was unsuccessful. If the removal was unsuccessful, it will provide the information necessary to make the required corrections. If the
removal is successful, all other participating parties or attorneys appearing in the case will receive an email notification via
NYSCEF stating that your representation has been removed.
Please Note: Pursuant to 202.5-b(b)2, once your representation is removed, you will no longer have the
ability to file, serve and be served electronically. If you are representing more than one party, your consent/representation will be
removed from all parties. If you wish to maintain representation for one of the other parties removed as a result of this action, you
will be required to re-record your consent through the Consent/Represent link. Please contact the NYSCEF Resource Center if you need
assistance.
To remove yourself from another case, repeat the steps above.