Local Rule RULE 9010-1: REPRESENTATION AND APPEARANCES
Bankr. D. Mass. — Attorney rule
RULE 9010-1. REPRESENTATION AND APPEARANCES
(a) Represented Parties
(1) Appearance by an Attorney. The filing of any pleading or other document by an attorney shall constitute an appearance in the case or adversary proceeding in which the pleading or document is filed by the attorney who signs it, unless the pleading or document states otherwise.
(b) Appearance by a Pro Se Party. A party who appears pro se shall so state in the initial pleading or other paper filed or their notice of appearance. The words "pro se" shall follow the signature on all papers subsequently filed by that party in the same case.
(c) 2) Notice of Appearance. If an attorney wishes to receive service of all notices and pleadings in a case, the attorney must file a notice of appearance.
(d) Members of the Bar of the U.S. District Court. A person who is a member in good standing of the bar of the United States District Court for the District of Massachusetts may appear by filing a pleading as a Registered User or by filing a notice of appearance with a request for service of pleadings and practice before this Court.
(e) Requirements for Appearancenotice. An appearance in a case or proceeding by a member of the bar of the United States District Court for the District of Massachusetts may be made by filing a notice of appearance which shall contain the name, address, telephone number, email address, and any registration number assigned by the Board of Bar Overseers of the Commonwealth of Massachusetts (the "BBO number") of the attorney entering the appearance, consistent with Electronic Filing Rule 8. If the Court has authorized the attorney to appear pro hac vice with respect to a particular matter pursuant to paragraph (f) of this Rule, the Clerk shall assign a Bankruptcy Court registration number (the "PHV number") to the attorney which number must be set forth by the attorney in any pleadings filed in this Court in connection with the matter.. Any attorney who is not a Registered User who appears by filing a pleading or notice of appearance with a request for service of pleadings and notice, shall be deemed to consent to service by electronic means as contemplated by Fed. R. Bankr. P. 9036(b) and (c) at the designated electronic address stated in the document that is filed.
(f) Non-3)
Appearances by Attorneys Who Are Not Members of the Bar of the U.S.United States District Court. for the District of Massachusetts. Except as provided in subsection (h)(4) of this Rule, an attorney who is not a member of the bar of the United States District Court for the District of Massachusetts, but is a member of the bar of any other United States district court or the bar of the highest court of any state may appear and practice in this Court in a particular case or adversary proceeding only by leave granted in the discretion of the Court, provided such attorney files a certificatesigned certification attesting to the following:
(1) i) the attorney is a member of the bar in good standing in every jurisdiction where the attorney has been admitted to practice;
(2) ii) there are no disciplinary proceedings pending against such attorney as a member of the bar in any jurisdiction;
(3) iii) the attorney is familiar with the Local Rules of this Court; and
(4) iv) the attorney has paid the applicable pro hac vice fee to the U.S.United States District Court for the District of Massachusetts.
An attorney seeking admission under this subsection need not apply for admission by motion of a member of the bar of this Court or the United States District Court. for the District of Massachusetts. An attorney seeking admission under this subsection may not enter an appearance or sign any pleadings until admission is granted, except that the attorney may sign a complaint or any other pleading necessary to prevent entry of default or the passage of any deadline, provided such complaint or other pleading is accompanied by the attorney's application for admission under this subsection in proper form. An attorney seeking admission under this subsection more frequently than twice in any 12 month period shall additionally certifyUnless the Court orders otherwise or local counsel has appeared, an attorney seeking admission under this subsection more frequently than five times in any 12-month period for a party other than a debtor shall additionally certify either (1) the attorney's efforts to seek admission to the bar of the United States District Court for the District of Massachusetts; or (2) why such efforts have not been undertaken. Unless the Court orders otherwise or local counsel has appeared, an attorney seeking admission under this subsection more frequently than twice in any 12-month period to represent a debtor shall additionally certify either (1) the attorney's efforts to seek admission to the bar of the United States District Court for the District of Massachusetts; or (2) why such efforts have not been undertaken.
(g) Firms and 4) Requests for Service/Proofs of Claim. An attorney need not obtain leave to appear and practice in a particular case merely to file a request for service of pleadings and notices or a proof of claim.
(b) Unrepresented Parties
(1) Appearance by an Unrepresented Individual. An individual who is not represented by counsel and who is a party in interest in a case or adversary proceeding may appear and represent themself. An individual who is unrepresented shall include the words "unrepresented" or "pro se" following a signature on all papers filed by that individual in the case. Any such document shall also state the party's mailing address, telephone number, and email address (if any). Any unrepresented individual who files a document with an email address in the signature block or who files a document by email (when permitted) or by other electronic means (where permitted) shall be deemed to consent to service by electronic means as contemplated by Fed. R. Bankr. P. 9036 (b) and (c) at the designated electronic address stated in a document that is filed or, if ordered by the Court, the electronic address from which a document was filed by email.
(2) No Representation of Other Parties. An individual who is unrepresented may not represent any other party and may not authorize any other individual who is not a member of the bar of this district to appear on their behalf.
(3) Corporations. and Other Entities Not Represented by an Attorney. A corporation, partnership, limited liability company, partnership or trust, by and estate, or other entity that is not an individual may not appear other than through an attorney who is otherwise permitted to practice in this Court. An individual officer or , director, partner, member, trustee, administrator, agent, or executor may not appear on behalf of an entity; provided, however, that if such an individual is also an attorney who is otherwise permitted to practice in this Court, the attorney may represent the entity if the representation is otherwise appropriate under the circumstances. The Court may strike any pleading filed on behalf of any entity by any person that is not an attorney. Notwithstanding the foregoing, such an entity may appear by and through an agent or a person authorized by a power of attorney, mayto file a proof of claim or an application for payment of unclaimed monies due such entity, and may be heard on objections to claims or applications for payment. Otherwise, such entities shall appear only through counsel.
(h) Requests for Service/Proofs of Claim. An attorney need not obtain leave to appear and practice in a particular case merely to file a request for service or a proof of claim.
(i) Appearance List. The Clerk shall maintain a general appearance list within each case and make it available to any attorney or party upon request. The Clerk shall also maintain a general appearance list on the PACER system.
(4) Requirement to Update Addresses. Every party appearing pro se shall inform the Clerk and all parties in writing of any change of name, address, telephone number, or email address within 14 days of the change. It is the responsibility of the pro se party to notify the Clerk and the parties of any change. Any notice sent by the Clerk or any party to a pro se party shall be deemed delivered and properly served if sent to the most recent address or email address provided by the pro se party.