Indiana Code 35-36-8-2. Withdrawal by counsel; grounds; time limit; restriction
(b) However, the court shall allow counsel for the defendant to withdraw from the case at any time within thirty (30) days of, and at any time after, the omnibus date if there is a showing that:
Terms Used In Indiana Code 35-36-8-2
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
- Omnibus date: refers to the omnibus date established under IC 35-36-8-1. See Indiana Code 35-36-1-1
(2) other counsel has been retained or assigned to defend the case, substitution of new counsel would not cause any delay in the proceedings, and the defendant consents to or requests substitution of the new counsel;
(3) the attorney-client relationship has deteriorated to a point such that counsel cannot render effective assistance to the defendant;
(4) the defendant insists upon self representation and the defendant understands that the withdrawal of counsel will not be permitted to delay the proceedings; or
(5) there is a manifest necessity requiring that counsel withdraw from the case.
As added by Acts 1981, P.L.298, SEC.5. Amended by P.L.40-1990, SEC.56.