Local Rule Rule 101: Counsel
D. Md. — Civil rule
RULE 101. COUNSEL
1. Who May Appear as Counsel; Who May Appear Without Counsel
a) Generally
Except as otherwise provided in this Rule and in L.R. 112.3 and 28 U.S.C. § 515, only members of the Bar of this Court may appear as counsel in civil cases. Individuals who are parties in civil cases may only represent themselves. Individuals representing themselves are responsible for performing all duties imposed upon counsel by these Rules and all other applicable federal rules of procedure. All parties other than individuals must be represented by counsel.
b) Pro Hac Vice
i) Generally. Except as provided in subsection (v) of this Rule, the Court may permit any attorney who is an active member in good standing of the bar of any other United States court or of the highest court of any state to appear and participate as counsel in a particular civil case. Such permission shall not constitute formal admission to the Bar of this Court. However, an attorney admitted pro hac vice is subject to the disciplinary jurisdiction of this Court. Any party represented by an attorney who has been admitted pro hac vice must also be represented by an attorney who is, and continuously remains, an active member in good standing of the Bar of this Court who shall sign all documents and, unless excused by the presiding judge, be present at any court proceedings.
ii) Certification Requirement. The Motion for Admission Pro Hac Vice shall include a certification as to the number of times the attorney has been admitted pro hac vice during the twelve (12) months immediately preceding the filing of the motion and identify any other active cases in this Court in which the attorney is admitted pro hac vice.
iii) Limitation. Admission pro hac vice is not a substitute for admission to the Bar of this Court, but rather is intended to facilitate occasional appearances only. Unless otherwise ordered for good cause shown, no attorney may be admitted pro hac vice in more than three (3) unrelated cases in any twelve (12) month period, nor may any attorney be admitted pro hac vice in more than three (3) active unrelated cases at any one time.
iv) Multi-District Litigation. Attorneys in multi-district litigation cases need not be members of this Court's Bar. Instead, an attorney may move for admission pro hac vice if the attorney is a member in good standing of the bar of any United States District Court. For purposes of this subsection only, attorneys requesting admission pro hac vice (1) are not required to have their admissions moved by an active member of this Court's Bar, (2) do not need another member of this Court's Bar to sign pleadings or enter appearances, and (3) are limited to practice in this Court in only the multi-district litigation proceeding.
v) Limitation on Maryland Attorneys. An attorney, who is an active member of the Maryland Bar or maintains any law office in Maryland, is ineligible for admission pro hac vice. For the purposes of this subsection, an attorney shall be deemed to maintain an office in Maryland if a Maryland address is used by that attorney on any document filed in this Court for purposes of satisfying L.R. 102.1.b. However, if an attorney is a member of a law firm having offices in multiple jurisdictions, an attorney who is a member of such a firm shall not be deemed to maintain a law office in Maryland if that attorney does not maintain a regular physical presence in the Maryland office of the firm. Failure of an attorney to satisfy this continuing requirement may result in the revocation of the attorney's pro hac vice admission.
c) Appearance for Obtaining Deposition Subpoenas
Unless otherwise ordered by the Court, it shall not be necessary for counsel to be admitted to the Bar of this Court in order to participate in proceedings to enforce or to quash any subpoena as provided by Fed. R. Civ. P. 45. However, an attorney exempted by this Rule from the requirement of being admitted to the Bar of this Court is subject to the disciplinary jurisdiction of this Court.
d) Duty to Avoid Scheduling Conflicts
Before entering an appearance in a case, counsel must inquire whether any hearing date or a trial date has already been set in the case. If a date has been set and it conflicts with counsel's schedule in any respect, counsel shall not enter an appearance unless counsel first resolves the conflict by obtaining a continuance of one of the conflicting proceedings or, if counsel is a member of a firm, obtaining the client's consent to have another member of the firm appear on the client's behalf. After entering an appearance, counsel has a continuing duty to honor all scheduling commitments made to the Court.
2. Withdrawal of Appearance
a) Individuals
In the case of an individual, appearance of counsel may be withdrawn only with leave of court and if (1) appearance of other counsel has been entered, or (2) withdrawing counsel files a certificate stating (a) the name and last known address of the client, and (b) that a written notice has been mailed to or otherwise served upon the client at least seven (7) days previously advising the client of counsel's proposed withdrawal and notifying the client either to have new counsel enter an appearance or to advise the Clerk that the client will be proceeding without counsel. If the withdrawal of counsel's appearance is permitted, the Clerk shall notify the party that the party will be deemed to be proceeding without counsel unless and until new counsel enters an appearance on behalf of the party.
b) Parties Other Than Individuals
In the case of any party other than an individual, including corporations, partnerships, unincorporated associations and government entities, appearance of counsel may be withdrawn only with leave of court and if (1) appearance of other counsel has been entered, or (2) withdrawing counsel files a certificate stating (a) the name and last known address of both the client and the resident agent or other responsible person or persons for that client, and (b) that the written notice has been mailed to or otherwise served upon the client at least seven (7) days previously advising the client of counsel's proposed withdrawal and notifying it that it must have new counsel enter an appearance or be subject to the dismissal of its claims and/or default judgment on claims against it. In the event that within thirty (30) days of the filing of the motion to withdraw, new counsel has not entered an appearance, the Court may take such action, if any, that it deems appropriate, including granting the motion to withdraw and dismissing any affirmative claim for relief asserted by the party and/or directing the party to show cause why a default should not be entered on claims asserted against it.
c) Automatic Termination of Appearance
When no appeal has been taken from a final judgment, and upon the resolution of any post-judgment motion or matter under L.R. 109, the appearance of an attorney is automatically deemed terminated upon the expiration of the appeal period, unless otherwise ordered by the Court. If an appeal is taken, the appearance of the attorney is automatically deemed terminated ninety (90) days after the issuance of a mandate of the Court of Appeals.