Local Rule General Rule 1.4: STUDENT PRACTICE RULE
D.N.D. — Attorney rule
GENERAL RULE 1.4 STUDENT PRACTICE RULE
(A) GENERAL PROVISIONS A student who meets the requirements of this rule may exercise limited privileges as a member of the bar in the particular case for which the student is admitted. The student may only practice under the immediate supervision of a member of this bar. The supervising attorney remains as attorney of record in the case until further court order or until entry of a final order disposing of the case. A student admitted to practice under this rule is not required to pay an admission fee.
(B) STUDENT REQUIREMENTS To be admitted to practice as a student member of the bar, an applicant must meet the following qualifications:
(1) the applicant must be
(a) a full-time student at an American Bar Association accredited law school and have completed at least four (4) semesters or equivalent time of law study;
(b) currently enrolled in a clinical education program at an American Bar Association accredited law school and have completed at least three (3) semesters or equivalent time of law study; or
(c) a graduate of an American Bar Association accredited law school, studying to write a state's bar examination or awaiting bar examination results; and
(2) the applicant must be knowledgeable regarding the Federal Rules of Civil Procedure, the Federal Rules of Criminal Procedure, the Federal Rules of Evidence, the North Dakota Rules of Professional Conduct, and these rules.
(C) ADMISSION PROCEDURE
(1) A member of this bar who has entered an appearance in a case may make a motion to admit a student who is qualified under this rule.
(2) The attorney must attach to the motion the client's written consent to student representation.
(3) Unless made in open court, a copy of the motion must be served on all other parties.
(4) The court will inform the movant, the student applicant, and all parties of the court's ruling on the motion.
(D) STUDENT PRACTICE LIMITATIONS
(1) A student practicing under this rule may not appear in more than four (4) cases pending in this court.
(2) A student may not request or receive compensation or remuneration from the client. This limitation does not preclude payment of compensation to the student by the supervising attorney, or by that attorney's law firm or employing institution, in the manner in which compensation is normally paid to law-student clerks. This limitation also does not preclude the supervising attorney from receiving payments under the Criminal Justice Act or similar statutes for work performed by an admitted student under supervision.
(3) A student practicing under this rule is not eligible to receive access to Electronic Case Filing (ECF).
(E) SUPERVISING ATTORNEY REQUIREMENTS An attorney supervising a student practicing under this rule must:
(1) Actively and personally attend to supervisory responsibilities, including professional responsibility for the student;
(2) Be present with the student at appearances in court or at depositions;
(3) Read, approve, and co-sign documents prepared in the case by the student;
(4) Possess sufficient trial practice experience and competence to assure that supervision of the student's work is constructive and likely to be of educational value to the student; and
(5) Be available to the judges to assist them in administration of this rule and in their continuing evaluation of the student practice program.