Form Mc 053 PDF Details

Navigating through legal procedures can often seem daunting, especially when involving the complexities of changing legal representation. The MC-053 form is a pivotal document used within California's legal system to address such matters. Designed specifically for instances when an attorney seeks to withdraw from representing a client in civil cases, this form encompasses several critical elements. It lays out the necessary steps an attorney must take to officially be relieved as counsel, ensuring that proper procedures are followed to protect the interests of all involved parties. From the initial filing requirements, including details of the attorney and the client, to the specifics of the court hearing where the motion is reviewed, the MC-053 form serves as a comprehensive guide. Additionally, it stresses the importance of communication, mandating that clients be properly informed about the hearings and any procedural changes that might affect their case. It also includes crucial notifications to the client, advising them on the implications of representing themselves and the responsibilities that come with it. Beyond facilitating the attorney's withdrawal, the form is structured to ensure continuity and fairness in the legal process, highlighting the significance of the client's role and their obligation to keep the court updated with their current contact information. The MC-053 form thus stands as a testament to the structured yet considerate approach taken by the judicial system to address the nuances of attorney-client relationships in the realm of civil litigation.

QuestionAnswer
Form NameForm Mc 053
Form Length2 pages
Fillable?No
Fillable fields0
Avg. time to fill out30 sec
Other namesunincorporated, MC-053, COUNSELCIVIL, CALIFORNIA

Form Preview Example

MC–053

ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, state bar number, and address):

FOR COURT USE ONLY

 

 

 

TELEPHONE NO.:

FAX NO. (Optional):

E-MAIL ADDRESS (Optional):

 

ATTORNEY FOR (Name):

 

SUPERIOR COURT OF CALIFORNIA, COUNTY OF

 

 

STREET ADDRESS:

 

 

MAILING ADDRESS:

 

 

CITY AND ZIP CODE:

 

 

BRANCH NAME:

 

 

 

 

 

CASE NAME:

CASE NUMBER:

 

 

 

 

 

HEARING DATE:

 

ORDER GRANTING ATTORNEY’S

DEPT.:

TIME:

 

 

MOTION TO BE RELIEVED AS COUNSEL—CIVIL

BEFORE HON.:

 

 

 

 

DATE ACTION FILED:

 

 

TRIAL DATE:

 

1.

The motion of (name of attorney):

 

 

to be relieved as counsel of record for (name of client):

,

 

a party to this action or proceeding, came on regularly for hearing at the date, time, and place indicated above.

 

2.

The following persons were present at the hearing:

 

 

 

FINDINGS

3. Attorney has

a.

 

personally served the client with papers in support of this motion.

 

 

 

 

b.

 

served client by mail and submitted a declaration establishing that the service requirements of California Rules of Court,

 

 

rule 3.1362, have been satisfied.

4.Attorney has shown sufficient reasons why the motion to be relieved as counsel should be granted and why the attorney has brought a motion under Code of Civil Procedure section 284(2) instead of filing a consent under section 284(1).

ORDER

5. Attorney is relieved as counsel of record for client

a.

 

effective upon the filing of the proof of service of this signed order upon the client.

 

 

 

b.

 

effective on (specify date):

6. The client’s

current

last known address and telephone number:

If the client’s current address is known, service on the client must hereafter be made at that address unless otherwise ordered in item

13.If the current address is not known, service must be made according to Code of Civil Procedure section 1011 (b) and rule 3.252 of the California Rules of Court.

7.a. The next scheduled hearing in this action or proceeding is set for (date, time, and place):

b. The hearing will concern (subject matter):

NOTICE TO CLIENT

You or your new attorney, if any, must prepare for and attend this hearing.

Page 1 of 2

Form Adopted for Mandatory Use

ORDER GRANTING ATTORNEY’S

Code of Civil Proedure., § 284;

 

Judicial Council of California

MOTION TO BE RELIEVED AS COUNSEL—CIVIL

Cal. Rules of Court, rule 3.1362

MC-053 [Rev. January 1, 2007]

www.courtinfo.ca.gov

MC–053

CASE NAME:

CASE NUMBER:

8.The following additional hearings and other proceedings (including discovery matters) are set in this action (describe the date, time, place, and subject matter of each):

9.The trial in this action or proceeding:

a.

 

is not yet set.

b.

 

is set for (specify date, time, and place):

 

10. Client is hereby notified of the following effects this order may have upon parties.

NOTICE TO CLIENT

Your present attorney will no longer be representing you. You may not in most cases represent yourself if you are one of the parties on the following list:

•

A guardian

•

A personal representative

•

A guardian ad litem

•

A conservator

•

A probate fiduciary

•

An unincorporated association

•

A trustee

•

A corporation

 

 

If you are one of these parties, YOU SHOULD IMMEDIATELY SEEK LEGAL ADVICE REGARDING LEGAL REPRESENTATION. Failure to retain an attorney may lead to an order striking the pleadings or to the entry of a default judgment.

11. Client is notified that, if the client will be representing himself or herself, the client shall be solely responsible for the case.

NOTICE TO CLIENT WHO WILL BE UNREPRESENTED

You will not have an attorney representing you. You may wish to seek legal assistance. If you do not have a new attorney to represent you in this action or proceeding, and you are legally permitted to do so, you will be representing yourself. It will be your responsibility to comply with all court rules and applicable laws. If you fail to do so, or fail to appear at hearings, action may be taken against you. You may lose your case.

12. Client is notified that it is the client’s duty to keep the court informed at all times of the client’s current address.

NOTICE TO CLIENT WHO WILL BE UNREPRESENTED

The court needs to know how to contact you. If you do not keep the court and other parties informed of your current address and telephone number, they will not be able to send you notices of actions that may affect you, including actions that may adversely affect your interests or result in your losing the case.

13. The court further orders (specify):

Date:

JUDGE OR JUDICIAL OFFICER

MC-053 [Rev. January 1, 2007]

ORDER GRANTING ATTORNEY’S

MOTION TO BE RELIEVED AS COUNSEL—CIVIL

Page 2 of 2

How to Edit Form Mc 053 Online for Free

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This form requires specific details to be typed in, so be sure to take the time to type in exactly what is expected:

1. To begin with, when completing the MC-053, start in the part with the following blanks:

How to fill in unincorporated portion 1

2. Once your current task is complete, take the next step – fill out all of these fields - Attorney has a b, personally served the client with, FINDINGS, Attorney has shown sufficient, Attorney is relieved as counsel of, effective upon the filing of the, ORDER, The clients, current, last known, address and telephone number, If the clients current address is, The next scheduled hearing in this, The hearing will concern subject, and You or your new attorney if any with their corresponding information. Make sure to double check that everything has been entered correctly before continuing!

unincorporated writing process explained (part 2)

When it comes to personally served the client with and Attorney is relieved as counsel of, make sure that you don't make any errors in this current part. Both of these are the most significant fields in the page.

3. Completing CASE NAME, CASE NUMBER, The following additional hearings, The trial in this action or, is not yet set is set for specify, Client is hereby notified of the, NOTICE TO CLIENT, Your present attorney will no, cid A guardian cid A conservator, cid A personal representative cid, and cid A guardian ad litem cid An is essential for the next step, make sure to fill them out in their entirety. Don't miss any details!

unincorporated writing process shown (part 3)

4. The following section requires your information in the subsequent areas: The court further orders specify, Date, JUDGE OR JUDICIAL OFFICER, MC Rev January, ORDER GRANTING ATTORNEYS, MOTION TO BE RELIEVED AS, and Page of. Ensure that you fill out all of the requested info to go forward.

Date, ORDER GRANTING ATTORNEYS, and MC Rev January of unincorporated

Step 3: Make sure your details are correct and press "Done" to complete the project. Right after registering a7-day free trial account here, you'll be able to download MC-053 or email it without delay. The PDF form will also be accessible from your personal cabinet with your each edit. FormsPal guarantees secure document tools devoid of personal data recording or sharing. Feel safe knowing that your information is in good hands here!

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