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Amendments to Rules on Lawyers’ Removal From Record

Due to amendments to the Rules of Civil Procedure which came into effect on January 1, 2019, motions by lawyers to be removed from the record must be made on notice to all parties. Previously, lawyers only had to provide notice to their own clients.

Rule 15.04(1.1) indicates that only the notice of motion, not the motion record, needs to be served on the other parties.

Rule 15.04(1.2) states that lawyer-client privileged information or information that could prejudice the client must be redacted or omitted from the notice of motion and from the motion record (if it is served on the other parties) before they are filed with the court.

Rule 15.04(1.3) requires the lawyer to bring to the motion the complete and unredacted versions of the notice of motion and motion record, which are to be returned to the lawyer after the motion.