N.Y. Civil Practice Law & Rules Section 321
Attorneys


(a)

Appearance in person or by attorney. A party, other than one specified in § 1201 (Representation of infant, incompetent person, or conservatee)section 1201 of this chapter, may prosecute or defend a civil action in person or by attorney, except that a corporation or voluntary association shall appear by attorney, except as otherwise provided in sections 1809 and 1809-A of the New York city civil court act, sections 1809 and 1809-A of the uniform district court act and sections 1809 and 1809-A of the uniform city court act, and except as otherwise provided in section 501 and section 1809 of the uniform justice court act. If a party appears by attorney such party may not act in person in the action except by consent of the court.

(b)

Change or withdrawal of attorney.

1.

Unless the party is a person specified in section 1201, an attorney of record may be changed by filing with the clerk a consent to the change signed by the retiring attorney and signed and acknowledged by the party. Notice of such change of attorney shall be given to the attorneys for all parties in the action or, if a party appears without an attorney, to the party.

2.

An attorney of record may withdraw or be changed by order of the court in which the action is pending, upon motion on such notice to the client of the withdrawing attorney, to the attorneys of all other parties in the action or, if a party appears without an attorney, to the party, and to any other person, as the court may direct.

(c)

Death, removal or disability of attorney. If an attorney dies, becomes physically or mentally incapacitated, or is removed, suspended or otherwise becomes disabled at any time before judgment, no further proceeding shall be taken in the action against the party for whom he appeared, without leave of the court, until thirty days after notice to appoint another attorney has been served upon that party either personally or in such manner as the court directs.

(d)

Limited scope appearance.

1.

An attorney may appear on behalf of a party in a civil action or proceeding for limited purposes. Whenever an attorney appears for limited purposes, a notice of limited scope appearance shall be filed in addition to any self-represented appearance that the party may have already filed with the court. The notice of limited scope appearance shall be signed by the attorney entering the limited scope appearance and shall define the purposes for which the attorney is appearing. Upon such filing, and unless otherwise directed by the court, the attorney shall be entitled to appear for the defined purposes.

2.

Unless otherwise directed by the court upon a finding of extraordinary circumstances and for good cause shown, upon completion of the purposes for which the attorney has filed a limited scope appearance, the attorney shall file a notice of completion of limited scope appearance which shall constitute the attorney’s withdrawal from the action or proceeding.

Source: Section 321 — Attorneys, https://www.­nysenate.­gov/legislation/laws/CVP/321 (updated Dec. 23, 2022; accessed Mar. 23, 2024).

301
Jurisdiction over persons, property or status
302
Personal jurisdiction by acts of non-domiciliaries
303
Designation of attorney as agent for service
304
Method of commencing action or special proceeding
305
Summons
306
Proof of service
306–A
Index number in an action or proceeding commenced in supreme or county court
306–B
Service of the summons and complaint, summons with notice, third-party summons and complaint, or petition with a notice of petition or or...
306–C
Notice of commencement of action for personal injuries by recipient of medical assistance
306–D
Additional mailing of notice in an action arising out of a consumer credit transaction
307
Personal service upon the state
308
Personal service upon a natural person
309
Personal service upon an infant, incompetent or conservatee
310
Personal service upon a partnership
310–A
Personal service upon a limited partnership
311
Personal service upon a corporation or governmental subdivision
311–A
Personal service on limited liability companies
312
Personal service upon a court, board or commission
312–A
Personal service by mail
313
Service without the state giving personal jurisdiction
314
Service without the state not giving personal jurisdiction in certain actions
315
Service by publication authorized
316
Service by publication
317
Defense by person to whom summons not personally delivered
318
Designation of agent for service
320
Defendant’s appearance
321
Attorneys
322
Authority for appearance of attorney in real property action
325
Grounds for removal
326
Procedure on removal
327
Inconvenient forum
328
Assistance to tribunals and litigants outside the state

Accessed:
Mar. 23, 2024

Last modified:
Dec. 23, 2022

§ 321’s source at nysenate​.gov

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