I was wondering if an attorney has to be signed on to a case and file a "Notice of Appearance" before filing any motions, including a motion to dismiss. Is there a statute that references this question? Any help would be greatly appreciated.
Debt Settlement Attorney
With all due respect to my colleague Mr. Mallory, I've actually heard both rules. For years I have operated under the rule as Mr. Mallory has stated it: that any filing by an attorney constitutes that attorney's "entry into the case" if you will. However, consumer attorneys have been debating recently about how they have successfully challenged actions by attorneys who have not first filed a notice of appearance. So, if you are facing a situation where the opposing attorney has filed a document without first filing his/her Notice Of Appearance, I would advise you to object to it and see what happens.
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Filing of any “paper” or other document by an attorney in the court file constitutes an appearance for all purposes UNLESS the Motion to Dismiss is based upon lack of personal jurisdiction over the attorney’s client.
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Personal Injury Lawyer
This is typically governed by the Florida Rules of Civil Procedure and local rules of court. I think it is safe to say you may have some Judges that require it and others that do not.
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