MC-050 is the Substitution of Attorney—Civil (Without Court Order), a form adopted for mandatory use by the Judicial Council of California. It tells the court and all parties in a civil case that a party has a new lawyer, or that a party no longer has a lawyer and is representing themselves. On this page you can fill out the form online on FillingPDF and download or print the completed PDF; the form and its agency description are published by the Judicial Council of California at courts.ca.gov.
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What is MC-050?
Substitution of Attorney—Civil (Without Court Order), Form MC-050, is the Judicial Council of California form used to notify the court and all parties that a party's legal representative is being replaced, either by a new attorney or by the party acting as their own attorney.
The form is a Judicial Council form adopted for mandatory use. It cites Code of Civil Procedure, sections 284(1) and 285, and California Rules of Court, rule 3.1362. The Judicial Council's self-help page describes it as the way to tell the court that you have a new lawyer or that you no longer have a lawyer and are representing yourself.
The form has two pages:
- Page 1 identifies the case (court, branch, case name and case number) and the party making the substitution. It names the former legal representative (item 1) and the new legal representative (item 2). It records whether that party is a plaintiff, defendant, petitioner, respondent or other (item 3). It carries three consent blocks: the party (item 4), the former attorney (item 5) and the new attorney (item 6).
- Page 2 is the Proof of Service by Mail, completed by the person who mailed the document to each person who must be notified.
The form also carries two notices. One warns that certain parties may not act as their own attorney in most cases. The other tells parties without attorneys that failing to take timely and appropriate action in the case may have serious legal consequences.
Who needs to file MC-050?
A party to a California civil case who is changing legal representatives, together with the attorneys involved, uses Form MC-050. It covers these situations:
- A party replacing one attorney with another attorney.
- A party who has an attorney and now wants to represent themselves.
- A party who has been representing themselves and now has an attorney.
The form is signed by the party (item 4), the former attorney (item 5) and the new attorney (item 6), so each of them takes part in the substitution. Item 3 asks whether the party is a plaintiff, defendant, petitioner, respondent or other.
Read the notice on the form before choosing to represent yourself. If you are applying as a guardian, personal representative, guardian ad litem, conservator, probate fiduciary, trustee, or a corporation or unincorporated association, you may NOT act as your own attorney in most cases. In that situation, use the form only to substitute one attorney for another attorney, and seek legal advice first.
If you represent yourself, you cannot mail the papers or sign the Proof of Service by Mail: someone else must do both. That person must be over 18 and not a party to the case.
When to file MC-050
Use Form MC-050 when a party in a civil case changes legal representatives and the substitution is made without a court order, as the form's title says. The form prints no deadline of its own.
The steps follow a set order. Each person signs a consent in items 4, 5 and 6. All parties are then served by mail with the Substitution of Attorney—Civil. The person who mailed it completes the Proof of Service by Mail on page 2. The signed substitution and the completed proof of service are then given to the clerk for filing. For any time limits in your case, check the court where it is pending.
Documents you need
- Completed Proof of Service by Mail (page 2 of Form MC-050), signed by the person who mailed the papers, to be given to the clerk together with the substitution.
- An unsigned copy of the completed Proof of Service by Mail, served on each person with the Substitution of Attorney—Civil.
- A continuation attachment listing names and addresses, only if more persons were served than fit in items 4a through 4j; check the box that says the list is continued in an attachment.
How to fill out MC-050
Enter attorney or party details
In the top box, enter the name, State Bar number and address of the attorney or party without attorney, plus telephone number, and optional fax number and e-mail address. In ATTORNEY FOR, enter the name of the party represented.
Complete the court and case block
Enter the county after SUPERIOR COURT OF CALIFORNIA, COUNTY OF, then the street address, mailing address, city and ZIP code, branch name, case name and case number.
Name the party making the substitution
In the sentence beginning THE COURT AND ALL PARTIES ARE NOTIFIED THAT (name), enter the name of the party who makes the substitution.
Identify the former representative
In item 1, check Party represented self or Attorney (name), and enter the former attorney's name if you check the attorney box.
Identify the new representative
In item 2, check Party is representing self* or Attorney. Enter the name (2a), State Bar number if applicable (2b), address with law firm name if applicable (2c) and telephone number with area code (2d).
State the party's role
In item 3, check plaintiff, defendant, petitioner, respondent or other, and specify the role if you check other. Read the notice about parties who may not represent themselves before choosing self-representation.
Collect the three consents
Items 4, 5 and 6 each need a date, a typed or printed name and a signature: the party (item 4), the former attorney (item 5) and the new attorney (item 6).
Serve the parties by mail
Have someone over 18 who is not a party mail a true copy of the substitution, in a sealed envelope with prepaid postage, to each person who must be notified, with an unsigned copy of the Proof of Service by Mail.
Complete the Proof of Service by Mail
On page 2, the mailer enters the case name and number and their residence or business address (item 1). The mailer then enters the date and place of mailing (item 2), dates and signs the declaration (item 3) and lists each person served in item 4, checking the box if a list is attached.
Review, download and file
Check names, case number, checked boxes and signatures, then download or print the completed PDF from FillingPDF. Give the substitution and the completed proof of service to the clerk as described under How to submit.
How to submit MC-050
Form MC-050 is filed with the clerk of the court where the case is pending, after all parties have been served by mail. The form prints no mailing address, portal or appointment rule of its own.
- Serve the parties by mail. Mail a true copy of the Substitution of Attorney—Civil in a sealed envelope, with postage fully prepaid, to each person listed on page 2. Include with it an unsigned copy of the completed Proof of Service by Mail.
- Complete the Proof of Service by Mail. After the mailing, the person who mailed the papers completes and signs page 2, with the date of mailing, the place of mailing (city and state) and the name and address of each person served. If you represent yourself, someone else must mail the papers and sign.
- File with the clerk. Give the Substitution of Attorney—Civil and the completed Proof of Service by Mail to the clerk for filing. The form's header names the Superior Court of California and the county.
FillingPDF lets you fill out and download the PDF; submission follows the clerk's channels described above.
Common mistakes to avoid
- Signing the Proof of Service by Mail yourself when you represent yourself; the form says someone else must mail the papers and sign.
- Using a mailer who is a party to the case or is under 18; the proof of service states the mailer is over 18 and not a party.
- Leaving out one of the three consents: the party (item 4), the former attorney (item 5) and the new attorney (item 6) each sign.
- Choosing to represent yourself as a guardian, personal representative, guardian ad litem, conservator, probate fiduciary, trustee, corporation or unincorporated association without legal advice; in most cases you may not act as your own attorney.
- Serving the document without the completed, unsigned copy of the Proof of Service by Mail, or omitting a person who must be served.
- Not checking the continuation box and attaching a list when more people were served than the five name and address spaces allow.
- Giving the clerk only the substitution; the instructions say to give both the Substitution of Attorney—Civil and the completed Proof of Service by Mail for filing.
- Pressing Clear This Form before saving or printing; the form says to use it after printing.
Frequently asked questions
What is MC-050 used for?
MC-050 is the Judicial Council of California's Substitution of Attorney—Civil (Without Court Order). It tells the court and all parties that a party has a new attorney, or no longer has an attorney and is representing themselves.
Who has to sign the MC-050 form?
Three people consent: the party signs item 4, the former attorney signs item 5 and the new attorney signs item 6, each with a date and a typed or printed name. The person who mails the papers also signs the Proof of Service by Mail on page 2.
Can I represent myself using Form MC-050?
You can check the box for self-representation in item 2, but the form warns that guardians, personal representatives, guardians ad litem, conservators, probate fiduciaries, trustees, corporations and unincorporated associations may not act as their own attorney in most cases. Seek legal advice first.
Who can mail the papers and sign the proof of service?
A person over 18 who is not a party to the case, and who lives or works in the county where the mailing occurred. If you represent yourself, you cannot do it: the form says someone else must mail the papers and sign the Proof of Service by Mail.
Where do I file the substitution of attorney?
Give the Substitution of Attorney—Civil and the completed Proof of Service by Mail to the clerk for filing. The form names the Superior Court of California and county for your case but prints no separate address or portal.
Can I fill out the MC-050 form online?
Yes, you can fill out the PDF online on FillingPDF and download or print it. FillingPDF is an independent service and does not file the form with any court; you give it to the clerk yourself after serving the parties.
What if I have more people to serve than the form has room for?
Check the box on page 2 that says the list of names and addresses is continued in an attachment, and attach the rest of the list. Item 4 has space for five people, with a name line and an address line for each.
What does "Without Court Order" mean on this form?
It is part of the form's official title, Substitution of Attorney—Civil (Without Court Order). The form is completed with the consents of the party, the former attorney and the new attorney, and is filed with the clerk along with the proof of service by mail.
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