Local Rule Rule 83.1: Attorneys

Rule 83.1 Attorneys

(a) Roll of Attorneys.

The bar of this court consists of those previously admitted and those hereafter admitted as prescribed by this Local Civil Rule 83.1.

(b) Eligibility.

A member in good standing of the bar of the Supreme Court of North Carolina is eligible for admission to the bar of this court.

(c) Procedure for Admission.

Before being presented to the court to take the required oath, an applicant for admission shall certify in a written application that such applicant:

(1) Is a member in good standing of the bar of the Supreme Court of North Carolina; and

(2) Has studied the Federal Rules of Civil and Criminal Procedure, the Federal Rules of Evidence, and the local rules of this court.

In addition to these certifications, the written application shall contain the certification of two attorneys who are members in good standing of the bar of this court that the applicant is of good moral character and professional reputation and meets the requirements for admission. An applicant may be admitted to practice in this court by a district judge, bankruptcy judge, or magistrate judge of this court or of the United States District Court for the Middle District or Western District of North Carolina upon oral motion by a member of the bar of this court. If the motion for admission is granted, the applicant shall take the following oath or affirmation:

I do solemnly swear [affirm] that, to the best of my knowledge and ability, I will support and defend the Constitution of the United States against all enemies, foreign and domestic, and that I will bear true faith and allegiance to the same; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will conduct myself as an attorney of this court, uprightly and according to law. So help me God. [This is my solemn affirmation.]

Following the administration of the oath or affirmation, the application shall be signed by the district judge, bankruptcy judge, or magistrate judge and the applicant shall file with the clerk the application, accompanied by the filing fee required by the Administrative Office of the United States Courts and this court for admission to practice in this district. The clerk shall then issue the applicant a certificate of admission to the bar of this court.

(3) Current law clerks to district judges, bankruptcy judges, and magistrate judges within this District shall be admitted to the bar of this court without payment of an admission fee.

(d) Representation by Local Attorneys Who Must Sign All Pleadings.

Persons appearing in civil actions in this court, except governmental agencies and unrepresented parties, must be represented by at least one member of the bar of this court who shall sign all documents filed in this court, including his or her state bar number and fax number in the signature block on all pleadings. If an attorney appears solely to bring a person in compliance with this local rule, he or she shall in each instance designate himself or herself "Local Civil Rule 83.1(d) Attorney." In signing the pleading, motion, discovery request, or other document, the attorney certifies that he or she is an authorized representative for communication with the court about the litigation and that the document conforms to the practice and procedure of this court. However, the attorney does not make the certification required by Rule 11 of the Federal Rules of Civil Procedure. Nevertheless, the requirements of Rule 11 must be complied with by any out-of-state attorney. For failure to comply with the requirements of this rule, the court may on motion or its own initiative disqualify individuals from serving as local attorneys. Signatures in the following form shall be sufficient to comply with this local rule. Local Civil Rule 83.1(d) Local Attorneys must include the state bar number and fax number in the signature block on all pleadings:

Jane M. Jones Jones, Jones and Jones P.O. Box 500 New York, NY 10050 (212) 555-1212 Jane.jones@email.address.com State Bar No. Attorney for Defendant John B. Attorney Abbott, Ball and Attorney P.O. Box 50 Raleigh, NC 27602 John.B.Attorney@email.address.com (919) 878-8787 Fax (919) 878-8000 State Bar No. Local Civil Rule 83.1(d) Attorney for Defendant

(e) Appearances by Attorneys Not Admitted in the District – Special Appearance.

(1) Attorneys who are members in good standing of the bar of a United States Court and the bar of the highest court of any state or the District of Columbia may practice in this court for a particular case in association with a member of the bar of this court. By filing a Notice of Special Appearance (available on the district's website), completing an Electronic Filing Attorney Registration Form, and complying with Section IV.D of the Policy Manual, an attorney agrees that:

a. the special appearance attorney will be responsible for ensuring the presence of an attorney who is familiar with the case and has authority to control the litigation at all conferences, hearings, trials, and other proceedings;

b. the attorney submits to the disciplinary jurisdiction of the court for any misconduct in connection with the litigation in which the attorney is specially appearing;

c. for purposes of Fed. R. Civ. P. 11, the Federal Rules of Civil Procedure, and the Local Civil Rules of this court, the special appearance attorney's electronic signature shall carry the same force and effect as an original signature; and d. the special appearance attorney shall submit any document to Local Civil Rule 83.1(d) counsel for review prior to filing the document with this court.

(2) An attorney who is not a member of the bar of this court will not receive electronic notification until the attorney becomes a registered CM/ECF filer with this court and files a Notice of Special Appearance.

(3) A member of the bar of this court who accepts employment in association with a special appearance attorney is responsible to this court for the conduct of the litigation of the proceeding, must be a CM/ECF registrant, and shall review for submission by the special appearance attorney all pleadings and papers electronically filed. The responsibility of the member of the bar who accepts employment in association with a special appearance attorney and designates him or herself as Local Civil Rule 83.1(d) local counsel shall be governed by Local Civil Rule 83.1(d).

(4) Any document filed by a special appearance attorney that does not comport with associated Local Civil Rule 83.1(d) attorney's standards may be objected to. Any such objection must be filed within 7 days of the issuance of the NEF for the document.

(5) A special appearance is not a substitute for admission to the bar of this court; it is intended only to facilitate occasional appearances. Unless otherwise ordered for good cause shown, no attorney may be admitted pursuant to Local Civil Rule 83.1 in more than three unrelated cases in any twelve-month period, nor may any attorney be admitted pursuant to Local Civil Rule 83.1 in more than three active unrelated cases at any one time.

(f) Pleadings Service and Attendance by Local Counsel in Cases Where Out-of-State Attorneys Appear by Special Appearance.

Pleadings and other documents filed in a case where an attorney appears who is not admitted to the bar of this court shall contain the individual name, firm name, address, and phone number of both the attorney making a special appearance under this local rule and the associated local counsel. As part of making an appearance in every case, an attorney also shall file contemporaneously a client disclosure statement in accordance with Fed. R. Civ. P. 7.1 and Local Civil Rule 7.3. The service of all pleadings and notices as required shall be sufficient if served only upon the associated local counsel. Local counsel shall attend all court proceedings unless excused by the court.

(g) Courtroom Decorum.

Attorneys shall conduct themselves with dignity and propriety. Attorneys shall rise when addressing the court, and all statements to the court shall be made from a counsel table or from behind the lectern facing the court. Attorneys shall not approach the bench unless requested to do so by the court or unless permission is granted upon the request of the attorney.

(h) Questioning of Witnesses.

Only one attorney for each party may question a particular witness unless the court allows otherwise. Attorneys shall remain seated while questioning witnesses.

(i) Professional Standards.

The ethical standard governing the practice of law in this court is the Revised Rules of Professional Conduct, now in force and as hereafter modified by the Supreme Court of North Carolina, except as may be otherwise provided by specific rule of this court. Attorneys are directed to advise the clerk within 14 days of disciplinary action, taken against them, resulting in suspension or disbarment. The disciplinary procedures of this court shall be on file with the clerk and furnished to the attorney upon request.

(j) Admission of Attorneys Previously Admitted to the United States District Courts for the Middle or Western Districts of North Carolina.

Attorneys already admitted to the bar of either the United States District Court for the Middle District of North Carolina or the United States District Court for the Western District of North Carolina may be admitted to the bar of this court upon tendering the application and fees required by subsection (c) of this rule, together with a copy of the order admitting the attorney to practice in one of the other districts, without the necessity of taking the oath that is otherwise required and without obtaining the character certification by two members of the bar of this court.

(k) Electronic Devices in Courtroom Facilities.

(1) Attorneys are subject to the Standing Order on Prohibition of Wireless Communication Devices in Courtroom Facilities dated August 15, 2005, 05-PLR-7. To be exempted from the Order, attorneys will be required to present a bar card to the court security officer to retain a cellular phone, smartphone, laptop, tablet, or other electronic device. If an attorney fails to present a bar card, the attorney will be prohibited from bringing any such item into the courthouse.

(2) By bringing an electronic device into the courthouse, an attorney agrees to the following:

(A) The electronic device will not be used to record, broadcast, or transmit any video images or audio sounds.

(B) While in the courtroom, the attorney will ensure that no sounds are emitted from the device.

(C) Upon entering the United States District Courthouse in the Eastern District of North Carolina, the electronic device will be screened by the court security officers using visual observation, x-ray scanning, chemical detection devices, or other screening methods.

(D) The attorney will maintain custody over the electronic device and will not allow it to be used by anyone else unless the attorney has been given Court permission.

(E) Failure to comply with these provisions may result in loss of the attorney's right to use an electronic device in the United States District Courthouses in the Eastern District of North Carolina, confiscation of the device, or other court sanctions, including but not limited to contempt of court.

(3) Persons using wireless communication devices for evidence presentation or for other similar purposes must notify the court prior to the commencement of any proceeding that such a device is in their possession.

(4) Judges may permit additional exceptions to or impose additional limitations on the use of wireless electronic devices within courtroom facilities at their discretion.