Last updated: 5/29/2015
Substitution Of Attorney-Civil (Without Court Order) {MC-050}
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Description
MC-050, SUBSTITUTION OF ATTORNEY—CIVIL (Without Court Order) Who needs a Form MC-050? If you are a party in a lawsuit and you found a better representative for you in court, you can change your attorney by filling out this form. What is Form MC-050 for? Form MC-050 (California) stands for Substitution of Attorney-Civil. The word ‘civil’ here stands for the Code of Civil Procedure and means that you do not need a court order for changing your attorney. If you want a different attorney or you prefer to represent yourself, you need to fill out form MC-050 and notify all parties involved in a case personally or by certified mail. Is Form MC-050 accompanied by other forms? Substitution of attorney must be accompanied by the Proof of Service by Mail. An unsigned completed copy of the Proof of Service by Mail must be filed to the court clerk. It is included as a second page of this form. When is the Substitution of attorney due? Make three copies of this form and bring it or mail it to the court. The court clerk will keep the original, stamp the other copies “Filed”, and return it to you. How do I fill out Form MC-050? Write down your name, address and contact number in the top block on the first page of this form. After that, put down the address of the court you are applying to in California. Fill in the case number. In the next block, first write the name of the party changing attorney and add the names of the former and the new representatives. Give the address and the telephone number for a new attorney. Define who is making a substitution (a plaintiff, defendant, petitioner, respondent or other). All parties should sign the first page. Have the person who mailed the document complete the Proof of the Service by Mail on the second page. It must contain his name and the list of people contacted and the addresses to which the notice was mailed. Where do I send Substitution of attorney? File it to the court clerk personally or by post. Form Adopted For Mandatory Use, Judicial Council of California, MC-050 [Rev. January 1, 2009] Code of Civil Procedure, §§ 284(1), 285; Cal. Rules of Court, rule 3.1362. www.FormsWorkflow.com
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