Does an attorney need to give notice of their appearance before appearing in court?

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Does an attorney need to give notice of their appearance before appearing in court?

I am representing myself. My ex-wife had an attorney for the divorce proceedings, and then he withdrew his appearance. We are having another hearing now on child support. If her attorney is representing her again, must he notify me in advance of his appearance in court or can he just show up on the day of the hearing and enter his appearance?

Asked on April 24, 2011 under Family Law, Colorado

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 13 years ago | Contributor

If your ex-wife's attorney withdrew from representing her, the attorney would have had to file a substitution of attorney with the court and  serve you with a copy.  If your ex-wife did not retain another attorney, and was representing herself, the substitution of attorney would have substituted her in place of her former attorney.  If the attorney is now representing her, another substitution of attorney should have been filed with the court reflecting that change of attorney and you should have been served with a copy.


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