Removal of solicitor by court
2804 Removal of solicitor by court
This rule applies if a solicitor for a party on the record in a proceeding loses the capacity to act as a solicitor or cannot be found, but a notice of change of solicitor or notice that the party is acting in person is not filed.
A party may apply to the court for the removal of the solicitor’s name from the record.
Pt 6.2 (Applications in proceedings) applies to an application for an order under this rule.
On application under subrule (2), the court may order that the solicitor’s name be removed from the record.
On removal of the solicitor’s name from the record, the party must—
appoint another solicitor; or
comply with subrule (5).
See approved form 2.75 (Notice of change of solicitor) AF2026-20.
To comply with this subrule, the party must—
file a notice that the party is acting in person; and
serve a stamped copy of the notice on all other active parties.
The notice must state the party’s address for service.
See approved form 2.74 (Notice that party acting in person) AF2006‑319.
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