Local Rule Rule 5.2: Appearances in Civil Cases

Rule 5.2 Appearances in Civil Cases

(a) Notice of Appearance.

Each attorney shall file a notice of appearance with the clerk and serve all parties. The signature block in the notice of appearance shall be in compliance with the requirements of the signature block illustrated in Local Civil Rule 10.1. The attorney shall also contemporaneously file a disclosure statement in accordance with Fed. R. Civ. P. 7.1 and Local Civil Rule 7.3.

(b) Notice of Self-Representation.

(1) A non-incarcerated unrepresented person shall file a notice of self-representation on a form available from the clerk. This notice shall be filed when the unrepresented person initially appears in the action or as required by subsection (e) of this rule. The unrepresented person shall also contemporaneously file a disclosure statement in accordance with Fed. R. Civ. P. 7.1 and Local Civil Rule 7.3.

(2) A corporation, a limited liability company, a partnership, a trust, an association, or any other entity that is not a natural person cannot appear as an unrepresented person and must be represented by an attorney in accordance with Local Civil Rule 83.1(d). Except as otherwise permitted by law, no unrepresented person may appear on behalf of another unrepresented person.

(c) Substitution of an Attorney.

Whenever an attorney of record in a case will be replaced by another attorney who is an active member of the bar of this court, a notice of substitution of attorney must be filed. The notice must (i) be signed by and contain a signature block for both attorneys in compliance with Local Civil Rule 10.1; (ii) identify the persons represented; (iii) verify that the attorney entering the case is aware of and will comply with all pending deadlines in the case, including proceeding with any scheduled trial or hearings; and (iv) be served on all parties. Upon filing of the notice, the clerk's office shall terminate the withdrawing attorney from the case and add the new attorney as attorney of record without order of the court. If the notice does not comply with this rule, the clerk will issue a notice of deficiency and the withdrawing attorney shall remain attorney of record.

(d) Notice of Withdrawal of a Governmental Attorney.

When a local, state, or federal governmental attorney has filed a notice of appearance in a case but is no longer associated with it, and there is at least one other active governmental attorney who has filed a notice of appearance in the case, the active governmental attorney shall file a notice of withdrawal of governmental attorney to withdraw the appearance of the governmental attorney who is no longer associated with the case. The notice of withdrawal must be signed and filed by the active governmental attorney, certify that the withdrawing attorney is no longer associated with the case, and be served on all parties. Upon the filing of the notice of withdrawal, the clerk's office shall terminate the withdrawing governmental attorney from the case without order of the court. The attorneys to whom this subsection applies include attorneys employed by the Office of the Federal Public Defender.

(e) Motion to Withdraw.

In all other instances, any attorney shall by motion seek leave of court to withdraw his or her notice of appearance. Any motion to withdraw shall (i) contain the last known mailing, and if different, physical address of the moving attorney's client; (ii) contain a description of the procedural posture of the case; (iii) state whether the client consents to the motion; and if applicable (iv) include a certification by the moving attorney that the client cannot be located or, for any other reason, cannot be notified regarding the motion to withdraw. If withdrawal would leave a person without representation, the motion to withdraw shall be accompanied by a proposed order granting the motion on a form available from the clerk stating that (i) within 21 days after entry of the order, or within the time otherwise required by the court, the unrepresented person shall file a notice of self-representation or cause a new attorney to file a notice of appearance; (ii) no corporation, limited liability company, partnership, trust, association, or other entity that is not a natural person may appear as an unrepresented person but must be represented by an attorney in accordance with Local Civil Rule 83.1(d); and (iii) a party who fails to file a notice of self-representation or cause a new attorney to file a notice of appearance may be subject to sanctions, including but not limited to dismissal or default judgment.