Form MC-053 is the California Judicial Council order a judge signs to grant an attorney’s motion to be relieved as counsel in a civil case. The attorney prepares it as a proposed order and lodges it with the court together with the notice of motion (MC-051) and the supporting declaration (MC-052); once the judge signs it and proof of service of the signed order is filed, the attorney is off the case.1California Courts | Self Help Guide. Order Granting Attorney’s Motion to Be Relieved as Counsel—Civil
When MC-053 Is the Right Form
California Code of Civil Procedure section 284 gives two ways to change the attorney on a civil case. If the attorney and client agree, they sign a Substitution of Attorney (Form MC-050), file it, and the change takes effect without a hearing.2California Legislative Information. California Code of Civil Procedure CCP 2843California Courts | Self Help Guide. Substitution of Attorney—Civil (Without Court Order) (MC-050) MC-053 is for the other situation: a court-ordered withdrawal under CCP section 284(2), used when the client will not consent, has stopped communicating, or when a conflict or breakdown makes continued representation improper. If the client has already signed off on the change, you do not need MC-053 at all.
The Motion Package MC-053 Belongs To
Rule 3.1362 of the California Rules of Court requires three forms to move together, and no separate memorandum of points and authorities is needed.4Judicial Branch of California. Rule 3.1362 – Motion to Be Relieved as Counsel MC-051 is the notice of motion that cites CCP section 284(2) and Rule 3.1362, identifies the type of client, and sets the hearing. MC-052 is the attorney’s declaration explaining in general terms why a consent substitution was not possible, without disclosing privileged communications, and documenting how the client was served. MC-053 is the proposed order that the judge will sign if the motion is granted. The three must match each other: the hearings, discovery dates, and trial date on MC-052 need to appear the same way on MC-053.
Filling Out MC-053 Field by Field
Download the current version of MC-053 from the California Courts website. It is two pages, and most of its fields repeat information you already put on MC-051 and MC-052. Accuracy still matters because this document becomes the signed court order.5Judicial Council of California. Order Granting Attorney’s Motion to Be Relieved as Counsel—Civil (Form MC-053)
The top of page one is the standard caption: attorney name, State Bar number, address, phone, and the court’s name, county, street address, and branch. Below that, enter the case name and case number, the hearing date and department assigned to the motion, the date the action was filed, and the trial date if one has been set.
The body of the form has checkbox findings the judge will mark. One addresses service: whether the attorney personally served the client, or served the client by mail with a declaration that satisfies Rule 3.1362. Another addresses the merits: whether the attorney has shown sufficient reasons why the motion should be granted and why a consent substitution under CCP 284(1) was not available.
Next comes the effective-date section. The default is that the attorney is relieved when the proof of service of the signed order on the client is filed. The judge may instead check a box specifying a different effective date, for example delaying withdrawal until after an imminent hearing. Below the effective-date options, enter the client’s current or last known address and phone number, followed by the date, time, place, and subject matter of the next scheduled hearing.
Page two continues with fields for any additional hearings, pending discovery matters, and the trial date and location, with a checkbox for cases where trial has not yet been set. An open field at the bottom lets the judge add further orders. The judge signs and dates the bottom of page two.
Lodging and Serving the Motion
MC-053 is lodged with the court together with MC-051 and MC-052, not filed separately after the hearing. The court needs the proposed order on hand in case the motion is granted that day.4Judicial Branch of California. Rule 3.1362 – Motion to Be Relieved as Counsel
All three forms must be served on the client and on every other party who has appeared. Service may be made personally, by mail, or electronically. Mail service triggers an extra requirement in MC-052: the attorney must confirm the mailing address is current, meaning verified within 30 days before filing by return-receipt mail, a phone call, in-person contact, or similar documented means. The fact that an earlier letter was not returned is not enough on its own. If the attorney cannot confirm a current address despite reasonable efforts over 30 days, the declaration must describe exactly what was tried, which can include return-receipt mailings, calls to last known numbers, outreach to acquaintances, and database searches.
Filing fees vary by county. The Superior Court of Los Angeles County, for example, charges $60 for a motion to be relieved as counsel.6Superior Court of California, County of Los Angeles. eFiling Drop Down Menu – Filing Fees Check your local court’s schedule before filing.
What the Judge Decides at the Hearing
The court has discretion to grant or deny. The judge’s central concern is whether withdrawal will unduly prejudice the client, particularly if trial or another critical date is close. A motion filed early in the case is a much easier ask than one filed weeks before trial.
If the motion is granted, the judge marks the service and sufficient-reasons boxes on MC-053, chooses the default effective date or writes in a different one, and signs the order. The court may also set a follow-up hearing, often to give the client time to find new counsel, and add it to the form. If the motion is denied, the attorney stays on the case.
After the Judge Signs MC-053
Signing is not the finish line. Under the default language on the form, the attorney is relieved as counsel of record only when proof of service of the signed order on the client has been filed with the court.5Judicial Council of California. Order Granting Attorney’s Motion to Be Relieved as Counsel—Civil (Form MC-053) So after the hearing, serve a copy of the signed MC-053 on the client, then file the proof of service with the clerk. Until that proof is on file, the attorney technically remains counsel of record and still carries the obligations that go with that role.
If the client’s current address is known, future service on the now-unrepresented client goes to that address unless the court orders otherwise.
What Changes for the Client
Once the order takes effect, the client no longer has an attorney on the case. An individual client who is legally allowed to self-represent becomes responsible for every deadline, every rule, and every appearance. Missed hearings or ignored orders can lead to sanctions or a judgment. The client also must keep the court and the other parties updated on a current address and phone number; if notices cannot reach the client, the case moves forward anyway.
Some parties cannot self-represent. Corporations, LLCs, unincorporated associations, guardians, personal representatives, guardians ad litem, conservators, probate fiduciaries, and trustees generally must appear through a licensed attorney. MC-051 warns these parties in bold that failing to retain new counsel promptly can lead to pleadings being stricken or a default judgment being entered. A corporate or LLC client whose attorney has just been relieved should treat finding replacement counsel as urgent.