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Rule 115 in Kansas refers to the regulation found in the Kansas Supreme Court Rules that governs how attorneys formally enter and withdraw from legal representation in Kansas district courts. The full name is Kansas Supreme Court Rule 115, Entry of Appearance and Withdrawal of Counsel. It outlines specific procedures for attorneys to notify the court and all parties when they are representing someone in a legal case, and how they must withdraw if they stop representing that person. This rule helps ensure that all parties are properly informed and that court proceedings are not disrupted due to confusion about legal representation.

What Is an Entry of Appearance?

An entry of appearance is a formal notice filed with the court stating that an attorney is now representing a party in a legal case.

• The attorney must file a written notice with the court indicating their representation of the client
• This notice must also be served on all other parties in the case
• It must include the attorney’s name, contact information, and the name of the party they are representing
• This filing becomes part of the official court record

The entry of appearance ensures that the court knows who to contact about the case and who is responsible for responding to legal motions, court orders, and trial schedules. It also protects the client, ensuring they are represented properly throughout proceedings.

What Happens if an Attorney Needs to Withdraw?

Rule 115 also provides clear steps for when an attorney wants to stop representing a client. It is not as simple as just walking away from the case.

• The attorney must file a motion to withdraw with the court
• They must show good cause or explain the reason for the withdrawal (e.g., conflict of interest, nonpayment, breakdown in communication)
• The court must approve the withdrawal before it becomes official
• The attorney must notify the client and all parties involved

If a judge believes the withdrawal would disrupt the proceedings or prejudice the client, the request may be denied. The court’s goal is to avoid gaps in representation and delays in the legal process.

Client Obligations & Pro Se Status

If an attorney withdraws under Rule 115 and the client does not obtain new counsel, the court will consider the client to be acting “pro se” (representing themselves). This means the client must,

• Comply with all court rules and deadlines without the help of a lawyer
• Continue participating in the case or risk default or dismissal

For businesses and corporations, Kansas courts may not allow pro se representation. They may require new legal counsel to enter an appearance if a prior attorney withdraws.

Why Rule 115 Matters

Rule 115 plays a crucial role in ensuring the legal process moves smoothly. It provides a standardized way to manage attorney appearances and withdrawals, which helps…

• Keep court records accurate
• Ensure parties receive timely notice of motions and court dates
• Prevent confusion over representation
• Maintain fairness and transparency in legal proceedings

Kansas Supreme Court Rule 115 governs how attorneys formally join or exit a case in district court. It requires attorneys to file a written entry of appearance and serve it to all parties, and mandates court approval before withdrawal. This rule protects the rights of clients, ensures transparency in the legal system, and prevents unnecessary delays or disruptions in court proceedings. If you’re involved in a case and your attorney files an entry or withdrawal under Rule 115, follow up quickly to ensure you remain properly represented or know how to proceed.