Pennsylvania Code
Title 234 - RULES OF CRIMINAL PROCEDURE
Chapter 1 - SCOPE OF RULES, CONSTRUCTION AND DEFINITIONS, LOCAL RULES
Part B - Counsel
Rule 120 - Attorneys-Appearances and Withdrawals
Universal Citation: 234 PA Code ยง 120
Current through Register Vol. 54, No. 12, March 23, 2024
(A) ENTRY OF APPEARANCE
(1) Counsel for defendant shall file an entry
of appearance with the clerk of courts promptly after being retained, and serve
a copy of the entry of appearance on the attorney for the Commonwealth.
(a) If a firm name is entered, the name of an
individual lawyer shall be designated as being responsible for the conduct of
the case.
(b) The entry of
appearance shall include the attorney's address, phone number, and attorney ID
number.
(2) When counsel
is appointed pursuant to Rule 122 (Appointment of Counsel), the filing of the
appointment order shall enter the appearance of appointed counsel.
(3) Counsel shall not be permitted to
represent a defendant following a preliminary hearing unless an entry of
appearance is filed with the clerk of courts.
(4) An attorney who has been retained or
appointed by the court shall continue such representation through direct appeal
or until granted leave to withdraw by the court pursuant to paragraph
(B).
(B) WITHDRAWAL OF APPEARANCE
(1) Counsel for a defendant may not
withdraw his or her appearance except by leave of court.
(2) A motion to withdraw shall be:
(a) filed with the clerk of courts, and a
copy concurrently served on the attorney for the Commonwealth and the
defendant; or
(b) made orally on
the record in open court in the presence of the defendant.
(3) Upon granting leave to withdraw, the
court shall determine whether new counsel is entering an appearance, new
counsel is being appointed to represent the defendant, or the defendant is
proceeding without counsel.
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