Local Rule 2090-2: Attorney Admission and Eligibility

Local Rule 2090-2 Attorney Admission and Eligibility

(a) Eligibility for Regular Admission. Any attorney who is a member in good standing of the North Carolina State Bar is eligible for admission to practice before the United States District Court for the Western District of North Carolina and this court upon motion of a member of the Bar of the District Court, which admission shall be granted as a matter of course upon payment of all admission fees and upon taking the prescribed oath.

Attorneys already admitted to the Bars of either the United States District Court for the Eastern District of North Carolina or the United States District Court for the Middle District of North Carolina and in good standing may be admitted to the Bar of the District Court for the Western District of North Carolina upon tendering the application and fees required by this rule, together with a copy of the order or certificate of admission admitting the attorney to practice in either of the aforementioned districts.

Counsel representing governmental or tribal agencies who are members in good standing of the bar of a United States District Court or the bar of the highest court of any state or the District of Columbia are neither required to associate local counsel nor required to pay an attorney admission fee. By making an appearance, such attorney agrees to abide by the Local Rules and the North Carolina Rules of Professional Conduct and to submit themselves to this court for the enforcement of such rules.

(b) Other Types of Admissions. In addition to regular admission, an attorney may be admitted to practice before the Bar of this court under the following types of admission:

(1) Pro Hac Vice Admissions. A pro hac vice admission is defined as an admission to the Bar of this court in a particular case by an attorney who is a member in good standing of the bar of a United States District Court, or the bar of the highest court of any state or the District of Columbia. The attorney must associate local counsel and be accompanied by local counsel at all hearings unless otherwise permitted by the court.

(2) Special Admissions. A special admission is defined as a conditional admission to the Bar of this court in a particular case without association of local counsel. The court will not require the association of local counsel where the amount in controversy or the importance of the case do not appear to justify double employment of counsel. Special admission will be the exception and not the rule, and no out-of-state counsel will be permitted to practice frequently or regularly in this court without the association of local counsel.

(3) Retroactive Admissions. A retroactive admission is normally allowed at the time of a hearing or trial on behalf of an attorney who for cause shown failed to be admitted to this Bar by regular, special, or pro hac vice admission. Retroactive admission is only temporary admission and must be followed up by seeking admission in one of the manners set forth above.

(c) Procedures and Forms Applicable to Special, Pro Hac Vice, and Retroactive Admissions.

(1) Except in the case of special admissions, a motion seeking admission under this local rule and declaration of the attorney seeking admission in support of the motion shall be filed by local counsel, the motion must include the email address of the attorney seeking admission, and the motion shall be accompanied by a District Application Fee plus the National Admission Fee established by the Judicial Conference of the United States.

(2) Upon admission by the court, the pro hac vice or special admission attorney will be added to the docket. The pro hac vice or special admission attorney will receive electronic notices from the Clerk of Court after establishing a CM/ECF account.

(3) The Clerk of Court may permit the pre-admission filing of papers at the request of non-admitted counsel where justice requires; provided, however, the further participation of such counsel is subject to compliance with the admission practices of this court.

(d) An ECF Account Must Be Established After Admission. Any attorney admitted to practice before this court must establish an ECF account with the Clerk of Court prior to filing any documents or cases in this district. To establish an ECF account, an attorney must complete ECF training made available in this district or certify that they have completed training in another federal district.

(e) Electronic Filing of Pleadings by Attorneys Not Admitted in This District Without Court Appearance. The Clerk of Court may provide out-of-state counsel with an ECF login and password upon counsel's representation that he/she (i) is a lawyer in good standing of the Bar of the Supreme Court of the United States or the bar of the highest court of any state or the District of Columbia, and (ii) has had prior ECF training before this or another court. Without obtaining special admission to the court, out-of-state counsel can use the ECF login and password to file any of the following documents:

(1) Notices of appearance/request for notices;

(2) Motions seeking special admission pursuant to Local Rule 2090-2(b)(2);

(3) Responses to claim objections;

(4) Reclamation demands;

(5) Notices of address changes;

(6) Notices of transfers of claims pursuant to Local Rule 3001-1(d);

(7) Reaffirmation agreements; and

(8) Proofs of claims.

Issuance of an ECF login and password is not a substitute for admission to practice before this court. Accordingly, the filing of further documents requires admission to this court as described in paragraphs (a) and (b) above.