MC-052 is the Judicial Council of California form on which an attorney states, under penalty of perjury, the reasons for asking the court to relieve the attorney as counsel in a civil case. It accompanies a motion made under Code of Civil Procedure section 284(2) and reports how the client was served, which hearings are set and whether trial is set. On this page you can fill out the form online on FillingPDF and download or print the completed PDF; the official PDF is published by the Judicial Council at courts.ca.gov.
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What is MC-052?
Declaration in Support of Attorney's Motion to Be Relieved as Counsel—Civil (MC-052) is the Judicial Council of California form in which an attorney explains to the court why the attorney is asking to stop representing a client in a civil action or proceeding.
The form is adopted for mandatory use and cites Code of Civil Procedure section 284 and California Rules of Court, rule 3.1362. It is used when the attorney makes the motion under section 284(2) instead of filing a consent under section 284(1).
The two pages cover:
- the attorney and the represented party (item 1);
- the reasons for the motion (item 2);
- how the client was served with the motion papers, and how the client's address was confirmed or why it could not be (item 3);
- the next hearing, other scheduled hearings and proceedings, and the trial date (items 4 to 6);
- other matters the court should consider (item 7);
- the declaration under penalty of perjury and the number of pages attached (item 8).
The form carries the case caption, with the court, case name and number, hearing date, department and time, the judge, the date the action was filed and the trial date. It is not a consent to be relieved: that is the separate route under section 284(1) that this declaration is used instead of.
Who needs to file MC-052?
Attorneys who ask the court to be relieved as counsel in a civil case, by a motion under Code of Civil Procedure section 284(2) rather than a consent under section 284(1), use MC-052 to give the court their reasons. The form identifies the attorney, the party the attorney represents and the action in which the attorney is counsel of record.
Item 2 states that the attorney is making the motion under section 284(2) instead of filing a consent under section 284(1), so the form is not meant for an attorney who is filing a consent. The form calls the person who signs the "declarant" and asks for that person's printed name and signature; it does not describe anyone else signing for the attorney. The client is not a user of this form: the client is the person the attorney must serve with the motion papers filed with the declaration.
When to file MC-052
MC-052 is filed together with the attorney's motion to be relieved as counsel, because item 3 refers to the motion papers filed with this declaration. The form sets no other filing date, but it does set a timing rule for service: if the attorney personally served the client, a copy of the proof of service will be filed with the court at least 5 days before the hearing.
When the client was served by mail at the last known address, the form asks whether the attorney confirmed within the past 30 days that the address is current. The declaration also asks for the hearing date, department and time shown on the caption, and for the next hearing and trial dates, so have those details before you complete it.
Documents you need
- Motion papers: the form refers to the attorney's motion papers filed with this declaration, which the client must be served with.
- Proof of service: if the client was personally served, a copy of the proof of service filed with the court at least 5 days before the hearing.
- Attachment 2: only if the reasons for the motion in item 2 continue beyond the space on the form.
- Attachment 4: only if the description of the next hearing in item 4 continues on an attachment.
- Attachment 5: only if additional hearings and proceedings in item 5 continue on an attachment, with date, time, place and subject matter for each.
How to fill out MC-052
Complete the caption
At the top of page 1, enter the attorney's name, state bar number, address, telephone and fax numbers, the party the attorney represents, and the court's name, street and mailing address, city and ZIP code, and branch. Leave FOR COURT USE ONLY blank.
Enter the case details
Fill in the case name, case number, hearing date, department and time, the name of the judge after BEFORE HON., the date the action was filed and the trial date.
Identify attorney and client in item 1
Enter the attorney's name and the name of the party for whom the attorney is presently counsel of record in the action.
State your reasons in item 2
Describe why the attorney makes this motion under section 284(2) instead of filing a consent under section 284(1). If you need more room, check Continued on Attachment 2.
Describe service in item 3a
Check 3a(1) if the attorney personally served the client with the motion papers, or 3a(2) if the client was served by mail at the last known address.
Report address confirmation in item 3b
If the client was served by mail, check 3b(1) and how the address was confirmed within the past 30 days, or check 3b(2) and list the efforts made, specifying or describing items (c), (d) and (e) where they apply.
Explain in item 3c if needed
If the attorney was unable to serve the client with the moving papers, explain why the court should still grant the motion.
Give hearing and trial information
In item 4, check not yet set or give the date, time and place of the next hearing and its subject. In item 5, list other scheduled hearings and proceedings, including discovery matters. In item 6, check not yet set or give the trial date, time and place.
Add other matters in item 7
Explain any other matters the court should consider in deciding whether to grant the motion.
Date, print name and sign
Enter the date, type or print the declarant's name and sign under the statement made under penalty of perjury under the laws of the State of California. Enter the number of pages attached in item 8.
Review and download the PDF
Check each item against the motion papers and the case caption, then download or print the completed PDF from FillingPDF and file it as described under How to submit.
How to submit MC-052
The form names no filing channel, address or portal of its own. It is a declaration filed with the motion papers, so it goes to the court named in the caption at the top of page 1, where the attorney enters the court's name, street and mailing address, and branch.
- With the motion: file the signed declaration with the motion to be relieved as counsel, as item 3 describes ("motion papers filed with this declaration").
- Proof of service: if you served the client personally, the copy of the proof of service must be filed at least 5 days before the hearing.
- Attachments: if you continue item 2, 4 or 5 on an attachment, include the attachment and enter the page count in item 8.
For filing methods, fees or local requirements, ask the clerk of the court where the motion is filed. The space marked FOR COURT USE ONLY is left blank. FillingPDF lets you fill out and download the PDF; submission follows the court's channels.
Common mistakes to avoid
- Filing a consent under Code of Civil Procedure section 284(1) with this declaration; the form is for a motion under section 284(2) made instead of a consent.
- Leaving out the proof of service when you served the client personally; the form says a copy will be filed at least 5 days before the hearing.
- Checking a mail-service confirmation in item 3b(1) without having confirmed the address within the past 30 days.
- Completing both item 3b(1) and item 3b(2) when only one describes what happened: the address was either confirmed or could not be confirmed.
- Using item 3c to explain why the motion should be granted, without describing the efforts to serve the client when service was not possible.
- Continuing item 2, 4 or 5 on an attachment without checking the Continued on Attachment box and entering the page count in item 8.
- Submitting the declaration without the date, the typed or printed name and the declarant's signature under the penalty-of-perjury statement.
- Pressing Clear This Form before you have printed or saved the PDF; the button erases what you entered.
Frequently asked questions
What is form MC-052 used for?
MC-052 is the declaration an attorney files to support a motion to be relieved as counsel in a civil case. It gives the court the attorney's reasons, shows how the client was served, and lists the hearings and trial date in the case.
When do I use MC-052 instead of a consent to be relieved?
Use it when you make the motion under Code of Civil Procedure section 284(2). Item 2 states that the attorney makes the motion instead of filing a consent under section 284(1), so the form is not for the consent route.
How must the client be served with the motion papers?
Item 3 allows personal service or service by mail at the client's last known address. For personal service, a copy of the proof of service must be filed at least 5 days before the hearing. For mail service, the form asks how the address was confirmed.
What if I cannot confirm the client's current address?
Check item 3b(2) and list your efforts: mailing the motion papers return receipt requested, calling the last known numbers, contacting people familiar with the client, conducting a search or other efforts. Item 3c lets you explain why the court should grant the motion anyway.
Where do I file MC-052?
File it with the court named in the caption, together with the motion papers. The form lists no separate address or portal, so ask the clerk of that court about filing methods and any fees.
Who signs MC-052?
The declarant signs and dates it under the statement made under penalty of perjury under California law, and types or prints the name. The form does not provide for anyone else to sign on the declarant's behalf.
Can I fill out MC-052 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 declaration with the court; you file it through the court's channels.
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