Local Rule Civil Rule 83.3: Attorneys – Admission to Practice, Standards of Conduct, Duties

Civil Rule 83.3 Attorneys – Admission to Practice, Standards of Conduct, Duties a. Definitions. For convenience, attorneys, proctors, advocates, solicitors, and counselors of this court will be referred to in these rules by the designation, "attorneys." b. Practice. Only a member of the bar of this court may enter appearances for a party, sign stipulations or receive payment or enter satisfaction of judgment, decree or order. c. Admission of Attorneys to Practice. 1. Requirements and Procedures. a) Admission to the Bar of this Court. Admission to and continuing membership in the bar of this court is limited to attorneys of good moral character who are active members in good standing of the State Bar of California. b) Procedure for Admission. Each applicant for admission must present to the Clerk a written petition for admission, on the form supplied by the Court, stating the applicant's residence and/or office address, the applicant's email address, and California State Bar Number, and by what courts the applicant has been admitted to practice and the respective dates of admission to those courts. The petition must be signed, certifying that the attorney is a member in good standing of the State Bar of California. Upon qualification, the applicant may be admitted, upon oral motion or without appearing, as determined by the Court, by signing the prescribed oath and paying the prescribed fee, together with any required assessment, which the Clerk will place to the credit of the Court non-appropriated funds. c) Each attorney admitted to this Court must adhere to the Code of Conduct set forth in Civ. L.R. 2.1 and Crim. L.R. 2.1, respectively. 2. Practice in this Court. Except as herein otherwise provided, only members of the bar of this court will practice in this court. 3. Attorneys for the United States. An attorney who is not eligible for admission under Civil Local Rule 83.3.c.1.a hereof, but who is a member in good standing of, and eligible to practice before, the bar of any United States Court or of the highest court of any state, or of any territory or insular possession of the United States, may practice in this court in any matter in which the attorney is employed or retained by the United States or its agencies. Attorneys so permitted to practice in this court are subject to the jurisdiction of the court with respect to their conduct to the same extent as members of the bar of this court. 4. Pro Hac Vice. An attorney not eligible for admission under Civil Local Rule 83.3.c hereof, but who is a member in good standing of, and eligible to practice before, the bar of any United States Court or of the highest court of any state or of any territory or insular possession of the United States, who is of good moral character, and who has been retained to appear in this court, and who agrees to adhere to this court's rules, including without limitation, the Court's Code of Conduct under Civ. L.R. 2.1 and Crim. L.R. 2.1, may, upon written application and in the discretion of the Court, be permitted to appear and participate in a particular case. Unless authorized by the Constitution of the United States or acts of Congress, an attorney is not eligible to practice pursuant to this local rule if any one or more of the following apply to the attorney: (1) resides in California, (2) is regularly employed in California, or (3) is regularly engaged in business, professional, or other activities in California. The pro hac vice application must be presented to the Clerk, along with an admission fee in the amount set by the judges of this court by general order. The fees must be deposited in the non-appropriated funds of the Court and divided between the library fund and the pro-bono fund in the manner designated by such general order. The application must state under penalty of perjury (1) the attorney's city and state of residence and office address; (2) by what court(s) the attorney has been admitted to practice and the date(s) of admission; (3) that the attorney is in good standing and eligible to practice in said court; (4) that the attorney is not currently suspended or disbarred in any other court; (5) if the attorney has concurrently or within one year preceding the current application made any pro hac vice application to this court, the title and the number of each matter wherein the application was made, and the date of application, and whether or not the application was granted; and (6) that the attorney has read, understands and agrees to adhere to each of this Court's Rules, including, without limitation, the Court's Code of Conduct under Civ. L.R.2.1 and Crim. L.R. 2.1. The attorney must also designate in the application a member of the bar of this court with whom the Court and opposing counsel may readily communicate regarding the conduct of the case and upon whom papers will be served. The attorney must file with such application the address, telephone number and written consent of such designee. 5. Designation of Local Counsel. A judge to whom a case is assigned may in that case, in the judge's discretion, require an attorney appearing in this court pursuant to the provisions of this rule and who maintains an office outside of this district to designate a member of the bar of this court who does maintain an office within this district as co-counsel with the authority to act as attorney of record for all purposes. The attorney must file with such designation the address, telephone number and written consent of such designee. 6. Yuma Criminal Defense Attorneys. Attorneys in good standing at the bar of the United States District Court for the District of Arizona who are employed by the Federal Public Defender of Arizona or who are members of the Criminal Justice Act Panel of that court, will be deemed admitted to the bar of the United States District Court for the Southern District of California for the limited purpose of providing legal services to defendants in the Southern District of California criminal proceedings heard by judicial officers at the District of Arizona Yuma point of holding court. d. Notice of Change of Status. An attorney who is a member of the bar of this court, or who has been permitted to practice in this court under Civil Local Rule 83.3.c, must promptly notify the court of any change in status in another jurisdiction which would make the attorney ineligible for membership in the bar of this court under Civil Local Rule 83.3.c, or ineligible to practice in this court under Civil Local Rule 83.3.c hereof. In the event the attorney is no longer eligible to practice in another jurisdiction by reason of suspension for nonpayment of fees or enrollment as an inactive member, the attorney will immediately be suspended from practice before this court without any order of court and until the attorney becomes eligible to practice in such other jurisdiction. Any attorney seeking reinstatement may file a petition with the Clerk of Court with supporting documentation showing that he or she meets the requirements of 83.3.c.1.a, for determination by the Chief Judge. e. Notice of Change of Address or Facsimile Number or Email Address. An attorney who is a member of the bar of this court, or who has been permitted to practice in this court under Civil Local Rule 83.3.c must promptly notify the Court of any change of address. If the attorney has a facsimile authorization or email address on file and, if any of the information changes, the attorney must promptly notify the Court. f. Appearances, Substitutions and Withdrawal of Attorneys. 1. Appearances. Whenever a party has appeared by an attorney, the party may not afterwards appear or act in the party's own behalf in the action, or take any step in that action, unless an order of substitution has first have been made by the Court, after notice to the attorney of such party, and to the opposite party; provided, that the Court may in its discretion hear a party in open court, notwithstanding the fact that the party has appeared, or is represented by an attorney. 2. Substitutions. When an attorney of record for any person ceases to act for a party, such party must appear in person or appoint another attorney by a written substitution of attorney signed by the party, the attorney ceasing to act, and the newly appointed attorney, or by a written designation filed in the case and served upon the attorney ceasing to act, unless attorney is deceased, in which event the designation of a new attorney will so state. Until such substitution is approved by the Court, the authority of the attorney of record will continue for all proper purposes. 3. Withdrawals. a) A motion to withdraw as attorney of record must be served on the adverse party and on the moving attorney's client. b) A declaration pertaining to such service must be filed. Failure to make serve as required by this section or to file the required declaration of service will result in a denial of the motion. 4. Special Appearances. An attorney may make a special appearance for a limited proceeding only with the permission of the Court. g. Ex Parte Motions and Orders. 1. All motions to a judge of this court for ex parte orders must be made by a party appearing in propria persona or by an attorney of this court. 2. A motion for an order must not be made ex parte unless it appears by affidavit or declaration (1) that within a reasonable time before the motion the party informed the opposing party or the opposing party's attorney when and where the motion would be made; or (2) that the party in good faith attempted to inform the opposing party and the opposing party's attorney but was unable to do so, specifying the efforts made to inform them; or (3) that for reasons specified the party should not be required to inform the opposing party or the opposing party's attorney. h. Penalty for Unauthorized Practice. The Court may order any person who practices before it in violation of Civil Local Rule 83.3 to pay an appropriate penalty which upon payment the Clerk must credit to the Court Library or Pro Bono Fund as designated by the Court. Payment of such sum must be an additional condition of admission or reinstatement to the bar of this court or to practice in this court. i. Fees. The admission fee required of all admitted to practice before this court will be designated by general order and made payable to the Clerk. The amount mandated by law must be deposited into the Treasury, and the remainder will be (1) deposited in the non-appropriated funds of the Court, and (2) divided between the library fund and the pro-bono fund as the judges so designate by general order. Each application provided in Civil Local Rule 83.3.c must be accompanied by a receipt verifying payment to the Clerk of the designated fee and assessments. j. Appearances by Corporations. Only natural persons representing their individual interests in propria persona may appear in court without representation by an attorney permitted to practice pursuant to Civil Local Rule 83.3. All other parties, including corporations, partnerships and other legal entities, may appear in court only through an attorney permitted to practice pursuant to Civil Local Rule 83.3.