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Court Procedures Rules
4000DCriminal proceedings—withdrawal of solicitor
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4000D Criminal proceedings—withdrawal of solicitor
(1) If a solicitor for an accused person is on the record in a criminal
proceeding, the solicitor may withdraw from acting for an accused
person only with the court’s leave.
(2) The application must be made in writing and—
(a) state the name of the solicitor making the application; and
(b) state briefly the order sought.
(3) A stamped copy of the application must be served on—
(a) the accused person—
(ii) by registered letter addressed to the person’s last-known
(b) each other party to the proceeding.
(4) However, the application may be made orally to the court if the
solicitor wants to withdraw from acting for the accused person
during—
Rule 4000E
(a) for a proceeding before the Magistrates Court—the hearing of
the information laid against the person; or
(b) for a proceeding before the Supreme Court—the person’s trial;
or
(c) the person’s sentence hearing.
(5) If the court gives the solicitor leave to withdraw, the solicitor must—
(a) file a notice of withdrawal; and
(b) serve a stamped copy of the notice on the accused person—
(ii) by registered letter addressed to the person’s last-known
address; and
(c) serve a stamped copy of the notice on each other party to the
Note See approved form 4.7 (Supreme Court criminal proceeding—notice of
withdrawal of solicitor) AF2025-8 and approved form 4.7A (Magistrates
Court criminal proceeding—notice of withdrawal of solicitor) AF2025-
9.