Local Rule 83.7: Student Participation

83.7 Student Participation

(a) Purpose. This rule is adopted to support clinical instruction and mentoring in litigation practice. It authorizes participation by law students in this court on a case-by-case basis.

(b) Participation.

(1) Authorization. After the required certifications are filed in the record of a case, a student may participate in preparing written submissions to the court in that case and make presentations for the client in open court. The student may not sign documents and may not be registered in the CM/ECF system.

(2) Presiding Judge. At any time, the presiding judge may limit, condition, or disallow a student's participation.

(3) Withdrawal or Termination of Required Certification. Any person required to provide certification or consent may withdraw it at any time by written notice to the clerk of court. All required certifications will terminate upon announcement of the results of the first bar exam taken by the student.

(c) Student Eligibility. To participate under this rule, a student must:

(1) (A) be enrolled at an ABA-accredited law school and complete at least two-thirds of the credits required to graduate; or

(B) be a recent graduate who has not yet taken a bar exam or who is awaiting the results;

(2) be familiar with the Federal Rules of Civil Procedure, of Criminal Procedure, and of Evidence, the Model Rules of Professional Conduct, the Montana Rules of Professional Conduct, and the Local Rules;

(3) provide personal certification using Form K in the Appendix; and

(4) obtain certification from the dean of the student's law school, using Form L, and from a supervising attorney, using Form M.

(d) Supervising Attorney. A supervising attorney must:

(1) explain to the client the terms of the student's participation in each case and obtain the client's written consent to the student's participation, using Form J;

(A) Where the client is the United States, the consent of the United States Attorney for the District of Montana is required;

(B) Where the client is the State of Montana, the consent of the Attorney General is required;

(2) file Form M in the record of the case, attaching Forms J, K, and L;

(3) assist and counsel the student and accept full personal and professional responsibility for all work performed by the student;

(4) ensure that at least one supervising attorney:

(A) is present in person throughout the student's presentations in open court;

(B) signs all written submissions in which the student participates and briefly notes the student's participation; and

(5) at the student's first presentation in open court, introduce the student to the presiding judge.