Local Rule 83.1: Attorney Admission and Appearance
D. Mont. — Attorney rule
83.1 Attorney Admission and Appearance
(a) General Rules.
(1) An attorney who appears in this court is subject to its disciplinary jurisdiction as set forth in L.R. 83.2.
(2) In order to appear on behalf of a party in this court, an attorney must:
(A) be admitted to practice before this court and be on active status and in good standing with the State Bar of Montana;
(B) be an attorney currently employed or retained by the United States or by the Federal Defenders of Montana; or
(C) have been granted leave to appear pro hac vice in the case in which they are appearing.
(3) An attorney authorized to appear in this court must promptly notify the court of any change in the attorney's status that would make the attorney ineligible for membership under subsection (b) of this rule or ineligible to appear under subsections (c) or (d) of this rule.
(b) Membership in the Bar.
(1) Only attorneys of good moral character who are active members of the State Bar of Montana and not subject to any pending administrative, disciplinary, suspension, or disbarment orders in any jurisdiction may be admitted as members of the bar of this court.
(2) Law clerks currently employed by a judge of this District may be admitted to this court even if they are on inactive status with the State Bar of Montana.
(3) Applicants must disclose on their application whether they have ever been held in contempt, otherwise disciplined by any court for disobedience to its rules or orders, or sanctioned under Fed. R. Civ. P. 11 or 37(b) or their state equivalent. The Chief Judge may designate a judge to review all applicants who have been subject to any such discipline, obtain additional information regarding such sanctions if necessary, and make a determination as to membership.
(4) Eligible attorneys must complete the online application process using PACER and pay all required fees including the admission fee and any re-registration fees which may be imposed. Failure to pay these fees may result in denial of admission or deactivation of filing privileges.
(5) Any suspension, disbarment, or transition to inactive status with the State Bar of Montana automatically renders an attorney ineligible to practice in this court. When the clerk receives notice that a member of the Bar has been suspended, disbarred, or gone to inactive status, the clerk will notify the attorney that he or she may not appear in any case. An attorney's eligibility to practice is automatically reinstated upon return to active status and in good standing with the State Bar of Montana.
(c) Attorneys for the United States and Federal Defenders. An attorney currently employed or retained by the United States or by the Federal Defenders of Montana may appear in this court in any matter within the scope of the attorney's employment, provided the attorney:
(1) is an active member of another federal bar or of the bar of the highest court of a State, territory, or insular possession of the United States;
(2) is not subject to any pending administrative, disciplinary, suspension, or disbarment orders in any jurisdiction; and
(3) has completed the E-File registration for federal attorneys on PACER.
(d) Pro Hac Vice Appearance.
(1) A non-member attorney who does not reside and is not regularly employed in Montana may, upon motion to and in the discretion of the presiding judge, appear and participate in a particular case provided the attorney is:
(A) an active member of another federal bar or of the bar of the highest court of a State, territory, or insular possession of the United States;
(B) not subject to any pending administrative or disciplinary suspension or disbarment order or an order of suspension in any jurisdiction;
(C) of good moral character; and
(D) retained to appear in this court.
(2) A pro hac vice applicant may not file electronically unless granted leave to appear pro hac vice.
(3) An applicant attorney must obtain the name, address, telephone number, and written consent of local counsel who is an active member of the bar of this court with a physical office within the geographical boundaries of the District of Montana and with whom the court and opposing counsel may readily communicate regarding the conduct of the case, upon whom documents will be served, and who will be responsible to participate as required under subsection (7) of this rule.
(4) Local counsel must file a motion for the applicant attorney's admission pro hac vice but need not comply with L.R. 7.1(c)(1). Counsel must attach to the motion the applicant's affidavit or declaration stating, under penalty of perjury:
(A) the applicant's state or territory of residence and office addresses, including firm name and telephone, fax, and e-mail contact information;
(B) that the applicant has paid or will pay, simultaneously with filing the application, the admission fee shown on the court's website, subject to reimbursement if the application is denied;
(C) that the applicant either has reviewed the CM/ECF User's Guide for Filing in the District of Montana located on the court's website or is proficient in electronic filing in another federal district court;
(D) by what court(s) the applicant has been admitted to practice, the date(s) of admission, and the date(s) of termination of admission, if any;
(E) that the applicant is in good standing and eligible to practice in these courts;
(F) that the applicant is not currently suspended or disbarred in any other court;
(G) whether the applicant has ever been held in contempt, otherwise disciplined by any court for disobedience to its rules or orders, or sanctioned under Fed. R. Civ. P. 11 or 37(b) or their state equivalent; the name of the court before which the proceedings were conducted; the date of the proceedings; and what action was taken in connection with those proceedings. A copy of any such contempt, discipline, or sanction order must be included with the application;
(H) whether the applicant has concurrently or within the two years preceding the date of application made any pro hac vice application to this court, the title and the cause number of each matter in which an application was made, the date of application, and whether the application was granted;
(I) that the applicant understands that pro hac vice admission in this court is personal to the attorney only and is not admission of a law firm and that the attorney will be held fully accountable for the conduct of the litigation in this court; and
(J) that the applicant has complied with Montana Rule of Professional Conduct 8.5.
(5) Leave to appear pro hac vice is granted or denied solely at the discretion of the presiding judge and pertains only to the instant case. Revocation of leave to appear pertains to the instant case only and does not automatically bar application in another case or membership in the bar of the court.
(6) Pro hac vice counsel must update the information required by L.R. 83.1(d)(4)(A), (D) (as to termination of admission only), (E), (F), and (G) if it is or becomes incorrect or incomplete at any point in the duration of the admission.
(7) Local counsel must participate actively in all phases of the case, including, but not limited to, attendance at depositions and court proceedings, preparation of briefs and discovery requests and responses, and all other activities to the extent necessary for local counsel to be prepared to go forward with the case at all times. Unless otherwise ordered, local counsel must sign all pleadings, motions, and briefs. The court, in extraordinary circumstances and on motion by local counsel, may suspend or modify local counsel's duties. If the court alters local counsel's duties or waives this rule—neither of which will occur routinely—all documents subsequently filed must be signed by counsel actively involved in the case.