Local Rule LCvR 83.1: ATTORNEY ADMISSION AND ELIGIBILITY, ESTABLISHMENT OF AN ECF ACCOUNT BEFORE ADMISSION, DEFINITIONS OF TYPES OF ADMISSIONS — W.D.N.C.

LCvR 83.1 ATTORNEY ADMISSION AND ELIGIBILITY, ESTABLISHMENT OF AN ECF ACCOUNT BEFORE ADMISSION, DEFINITIONS OF TYPES OF ADMISSIONS

(a) Eligibility for Regular Admission. Any attorney who is a member in good standing of the North Carolina State Bar is eligible for admission to practice before this Court upon motion of a member of the Bar of this Court, which admission shall be granted as a matter of course upon payment of all admission fees and taking the prescribed oath. Attorneys already admitted to the Bars of either the United States District Court for the Eastern District of North Carolina or the United States District Court for the Middle District of North Carolina may be admitted to the Bar of this Court upon tendering the application and fees required by this Rule, together with a copy of the Order or Certificate of Admission admitting the attorney to practice in either of the aforementioned districts.

Counsel representing governmental or tribal agencies who are members in good standing of the Bar of a United States District Court, the Bar of the highest court of any state, or the District of Columbia, are neither required to associate local counsel nor required to pay an attorney admission fee. By making an appearance, such attorney agrees to abide by the Local Rules, the North Carolina Rules of Professional Conduct, and to submit themselves to this Court for the enforcement of such rules.

(b) Other Types of Admissions. In addition to regular admission, an attorney may be admitted to practice before the Bar of this Court under the following types of admission:

(1) Pro Hac Vice Admissions. A pro hac vice admission is defined as an admission to the Bar of this Court in a particular case by an attorney who is a member in good standing of the Bar of a United States District Court, the Bar of the highest court of any state, or the District of Columbia Bar. Such candidate must associate local counsel and be accompanied by local counsel at all hearings unless otherwise permitted by the Court.

(2) Special Admissions. A special admission is defined as a conditional admission to the Bar of this Court in a particular case without association of local counsel.

(3) Nunc Pro Tunc Admissions. A nunc pro tunc admission is defined as retroactive admission to the Bar of this Court. A nunc pro tunc admission is normally allowed at the time of a hearing or trial on behalf of an attorney who failed to be admitted to this Bar by regular, special, or pro hac vice admission. Nunc pro tunc admission is only temporary admission and must be followed up by seeking admission in one of the manners set forth above.

(1) Special, pro hac vice, and nunc pro tunc admissions are discretionary and additional requirements or expectations for such admissions may be found in the Standing Civil Order of the judge to whom the case is assigned.

(2) A motion seeking admission under this Rule must be submitted to the Court upon the forms prescribed by this Court:

(A) The motion must be filed by local counsel;

(B) The motion must include the e-mail address of the attorney seeking admission; and

(C) The motion must be accompanied by a District Application Fee plus the National Admission Fee established by the Judicial Conference of the United States.

(3) Upon admission by the Court, the pro hac vice or special admission attorney will be added to the docket and will receive only electronic notices from the Clerk of Court.

(4) The Clerk of Court may permit the pre-admission filing of papers at the request of non-admitted counsel where justice requires; provided, however, further participation of such counsel is subject to compliance with this Court's admission practices.

(d) An ECF Account Must Be Established After Admission. Any attorney admitted to practice before this Court must establish an ECF account with the Clerk of Court before filing any documents or cases in this district. To establish an ECF account, an attorney must complete ECF training in this district or certify that they have completed training in another federal district.

(e) ECF Requirements Where a Party is Represented by Multiple Attorneys. Each attorney appearing of record in any matter must file an individual entry or notice of appearance using the attorney's ECF User ID issued upon establishment of the ECF account. For example, where multiple attorneys, either in the same firm or different firms, represent a party, each attorney must file an individual notice of appearance, using the attorney's own User ID to receive electronic notification of future filings. The electronic filing system does not "read" the names of the attorneys who sign a document, but only notes the appearance of attorney(s) whose ECF passwords are used to file the document.

(f) Withdrawal of Counsel. In support of a motion, counsel seeking to withdraw must file written consent of their client to their withdrawal, which shall become effective only upon Court approval. Absent the client's consent, withdrawal may be obtained by filing a motion to withdraw, showing good cause for the withdrawal. The motion must include the client's last known address.

(g) Substitution of Counsel. Substitution of counsel is accomplished automatically when the new attorney files a "Notice of Substitution of Counsel," which automatically terminates previous counsel and substitutes the new attorney as counsel of record.

(h) Law Student Practice Rule.

(1) Generally. Law students may participate as counsel in civil and criminal cases in this Court subject to compliance with the requirements set forth in this Rule. The judicial officer considering the admission of any student may, however, make such exceptions to this Rule as the judicial officer deems just and equitable.

(2) Student Eligibility. An eligible student must:

(A) Be duly enrolled in an accredited, provisionally accredited, or approved law school;

(B) Have completed at least half the required credit hours for a juris doctor degree;

(C) Have a working knowledge of all applicable court rules, including but not limited to the Federal Rules of Civil and/or Criminal Procedure; the Federal Rules of Evidence; the North Carolina Rules of Professional Conduct; and this Court's Local Rules;

(D) Be supervised by a supervising attorney, as defined herein;

(E) Be certified by the dean of the law school (or the dean's designee) where the student is enrolled, as:

(i) Being of good character;

(ii) Possessing a sufficient legal ability; and

(iii) Having been adequately trained to fulfill the responsibilities to both the client and the Court;

(F) Be certified by the Court to practice pursuant to this Rule;

(G) Decline personal compensation for legal services performed in this Court from a client or any other source, except that the student may receive a stipend from a law firm or other employer through an internship or clerkship program that is not contingent on services provided to a client in this Court; and

(H) Have completed ECF training in this district, or certify that they have completed training in another federal district.

(3) Supervising Attorney Eligibility and Responsibilities. A supervising attorney must:

(A) Be a member of the Bar of this Court;

(B) Have established an ECF account before seeking admission of the student; and

(i) Maintain faculty, adjunct faculty, or fellowship status at a law school where part of the supervisor's duties includes supervising students in a clinical program; or

(ii) Have substantial similar experience as an attorney employed by the United States Department of Justice, the United States Attorney for the Western District of North Carolina, the Office of the Federal Defender for the Western District of North Carolina, the North Carolina Attorney General, or a tribal counsel for the Eastern Band of Cherokee Indians;

(D) Be certified by the Court as having demonstrated the ability to supervise students;

(E) Be present with the student at all times while they are in court, and at other proceedings in which testimony is taken;

(F) Co-sign all pleadings or other documents filed with the Court;

(G) Assume full personal and professional responsibility for a student's guidance, any work undertaken, and the student's work quality, and be available for consultation with represented clients;

(H) Assist and counsel the student in the "activities" discussed below and review such activities with the student, all to the extent required for proper practical training of the student and the protection of the client; and

(I) Supplement the student's oral or written work as needed to ensure proper representation of the client.

(4) Certification of Student and Supervisor after Completion of ECF Training and Establishment of an ECF Account.

(A) Student. The Court's certification of a student to practice under this Rule will be entered with the Clerk of Court and will remain in effect for eighteen (18) months or until the student graduates from law school, whichever is earlier. The Court may at any time, in its discretion and without cause, withdraw certification to appear generally or in a particular case. To assist the Court in maintaining a list of students certified to practice under this Rule, the supervising attorney must notify the Court of the student's graduation from law school.

(B) Supervising Attorney. The Court's certification of the supervising attorney will be entered with the Clerk of Court, and will remain in effect indefinitely unless withdrawn by the Court, in its discretion, and without any showing of cause. The Supervising Attorney's ECF account will allow the supervisor to accept electronic service on behalf of the student practicing under this Local Rule.

(5) Activities. A certified student may, under the supervising attorney's supervision:

(A) Represent any client including federal, state, or local governmental bodies, if the client on whose behalf the certified student is appearing has consented in writing to that appearance and the supervising attorney has given written approval of that appearance;

(B) Represent a client in any criminal, civil, or administrative matter; however, the Court retains the authority to limit a student's participation in any individual case; and

(C) In connection with matters in this Court, engage in other activities on the client's behalf in all ways a licensed attorney may; however, a student shall make no binding commitments on a client's behalf, absent prior client and supervisor approval. The supervising attorney must accompany the student in any matter involving the taking of testimony, including depositions. The supervising attorney must read, approve, and co-sign documents filed by the student. The Court may establish exceptions to such activities.

(6) Scope of Participation Statement. Before a certified student orally participates in a hearing or trial, the supervising attorney must advise the Court of the scope of anticipated participation.

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