Federal Circuit Rule 46: Attorneys

(a) Eligibility.

An attorney is eligible for admission to the bar of this court if that attorney is of good moral and professional character and is admitted to practice before and of good standing in any of the following:

(1) any of the courts listed in Federal Rule of Appellate Procedure 46(a);

(2) the United States Court of International Trade;

(3) the United States Court of Federal Claims;

(4) the United States Court of Appeals for Veterans Claims; or

(5) the District of Columbia Court of Appeals.

(b) Procedure for Admission.

(1) Motion in Open Court.

An attorney may be admitted to the bar in open court by appearing personally with a sponsor who is a member of the bar of this court and who states the applicant’s qualifications and moves the admission. Motions for admission to the bar will be entertained at the opening of each session of court.

(2) Written Motion by Member of the Court’s Bar.

An attorney may be admitted on written motion of a member of the bar of the court who attests to the applicant’s qualifications.

(3) Written Motion by Attorney.

An attorney may be admitted on that attorney’s own motion, accompanied by a certificate of good standing from a court listed in Federal Circuit Rule 46(a). The certificate must be dated within thirty (30) days of the motion for admission and must bear the seal of the issuing court. A written motion for admission must be submitted on a form approved by this court.

The clerk of court will furnish the form.

(4) Oath.

Each attorney admitted to the bar of this court must take an oath prescribed by the court.

(c) Application, Submission, and Payment.

An attorney seeking admission to the bar of this court must electronically submit an application for admission in accordance with the court’s Electronic Filing Procedures. After admission, the applicant will receive a certificate of admission in the mail. The fees for admission to the bar and a duplicate certificate are set by the court and are posted in accordance with Federal Circuit Rule 52(a).

(d) Government Attorney.

An attorney for any federal, state, or local government office or agency may appear before this court in connection with that attorney’s official duties without formal admission to the bar of the court.

(e) Change of Name or Contact Information.

An attorney admitted to the bar of this court must promptly update electronic filing account information to reflect any change of name or change in contact information.

(f) Disciplinary Action.

Disciplinary action against an attorney will be conducted in accordance with the Federal Circuit Attorney Discipline Rules.

(g) Law Student Practice.

(1) With the written consent of a party or party’s representative and a supervising attorney filed with this court, an eligible law student may enter an appearance on behalf of that party in this court.

(2) Eligible Law Student.

An individual is eligible to appear under this rule if:

(A) The individual is duly enrolled in a law school accredited by the American Bar Association and has completed at least four full-time semesters of legal studies (or the equivalent), or has graduated from such a law school and is awaiting the results of the first bar examination or bar admission process;

(B) The dean of the law school, or a faculty member designated by the dean, certifies that the individual is of good character and competent legal ability, and is qualified to provide the legal representation permitted by this rule, and the certification is filed with this court;

(C) The individual is familiar with the Federal Rules of Appellate Procedure, the rules of this court, the American Bar Association’s Model Rules of Professional Conduct, and any other rules relevant to the case in which the student is appearing; and

(D) The individual certifies compliance with this rule.

(3) Dean Certification.

The certification under Federal Circuit Rule 46(g)(2)(B) may be withdrawn by the dean or authorized faculty member at any time by sending notice to that effect to the clerk of court. It is not necessary that the notice state the cause for the withdrawal.

The certification may be terminated by this court at any time without notice or hearing and without any showing of cause.

(4) Supervising Attorney.

To qualify under this rule, a supervising attorney must:

(A) Be a member of good standing of the bar of this court and enter an appearance in the case;

(B) Sign all documents filed with the court;

(C) Assume full professional responsibility for the quality and accuracy of the eligible law student’s work in the case;

(D) Guide, assist, and supervise the eligible law student to the extent necessary and appropriate;

(E) Ensure that court deadlines are met;

(F) Be prepared to appear and argue regardless of the eligible law student’s availability; and

(G) Certify compliance with this rule.

(5) Eligible Law Students Not to Be Compensated by Parties.

An eligible law student appearing pursuant to this rule may neither ask for, nor receive, any compensation or remuneration of any kind from a party for services rendered in the case. This rule neither prevents a lawyer, legal aid bureau, law school, or the government from paying compensation to the eligible law student, nor shall it prevent these entities from making such charges for its services as may otherwise be proper.

(6) Eligible Law Student Appearance on Briefs.

An eligible law student appearing pursuant to this rule may appear on a brief, provided the supervising attorney also appears on the brief.

(7) Eligible Law Student Participation in Oral Argument.

An eligible law student may participate in oral argument with leave of court, but only in the presence of the supervising attorney, who shall introduce the eligible law student at argument and be prepared to supplement any written or oral statement that has been made by the eligible law student to this court or opposing counsel. Any motion filed under this subsection shall be filed no later than seven (7) days following the end of briefing and will be deferred to the merits panel. If leave is sought for an eligible law student to participate in oral argument, the supervising attorney may include the eligible law student’s scheduling conflicts when filing their response under Federal Circuit Rule 34(d)(2).

(8) Exceptions.

This court retains the authority to establish exceptions to these requirements in any individual case.

Practice Notes to Rule 46

Form for Written Motion for Admission.

Using Federal Circuit Form 21 satisfies the requirements for a written motion for admission under Federal Circuit Rule 46(b)(2) and (3).

Forms for Eligible Law Student Practice.

Using Federal Circuit Forms 35 and 36 satisfies the relevant requirements under Federal Circuit Rule 46(g). Federal Circuit Form 36 constitutes the eligible law student’s entry of appearance.