Local Rule Rule 6: Attorneys

Rule 6. Attorneys

(a) Eligibility to Practice. Any person who is an active or emeritus member of the Virginia State Bar in good standing is eligible to practice before this Court upon admission.

(b) Procedure. Admission to practice is upon motion in open court any day during which this Court is in session. An attorney desiring to be admitted, not less than 2 weeks before the day on which the motion is to be submitted, must file in the clerk's office at the place where such motion is to be made, an application for admission to practice, which application must be made in writing, stating the qualifications hereinbefore prescribed and, in addition thereto, the name and office address of the applicant; and such application must be accompanied by the certificates of at least 2 members of the bar of this Court, that they are acquainted with the applicant and that the applicant is of good character and ethical conduct. Upon the filing of the application for admission to practice by an attorney, the Clerk must ascertain from the Virginia State Bar that the applicant is an active or emeritus member in good standing. The Court may, in its discretion, hear motions for admission to practice at times other than a day in which court is in session. Persons who are associate, retired, or disabled members of the Virginia State Bar and who do not engage in the practice of law may, in the discretion of the Court, be admitted as members of the bar of this Court upon following the procedures set forth herein, but may not practice before this Court.

(c) Eastern District Attorneys. Any attorney admitted to practice in the United States District Court for the Eastern District of Virginia is permitted to practice in this Court upon the filing of a certificate of good standing from the Clerk of the Eastern District of Virginia showing that the attorney has been duly admitted to practice in that district.

(d) Pro Hac Vice Admission. Attorneys who are not qualified and licensed to practice under the laws of Virginia, but who are qualified and licensed to practice before the Supreme Court of the United States, or before the highest court of any state in the United States, or before the courts of the District of Columbia, or any other Article III federal court, may not become members of the bar of this Court, but may appear only in association with a member of the bar of this Court, upon motion of such member, and only for the conduct of a case in which he or she is associated and then pending before the Court. In any case removed or transferred to this Court in which a party is represented by an attorney who is not a member of the bar of this Court, such attorney must, within 30 days of such removal or transfer (or such other time as directed by the presiding judge), be admitted to practice before this Court or be permitted to appear in association with a member of the bar of this Court. Pro hac vice admitted attorneys must promptly qualify for electronic case filing. Pro hac vice admitted attorneys may be permitted to appear at hearings or trials in the absence of an associated member of the bar of this Court in the discretion of the presiding judge.

(e) Signing of Pleadings. No pleading, notice, or other paper required to be signed by counsel shall be accepted for filing by the Clerk unless signed by a member of the bar of this Court, who shall have entered an appearance of record in the case, with the address where notice can be served upon the attorney, and which attorney is deemed to have such authority that the Court can deal with the attorney alone in all matters affecting the disposition of the case. Such appearance must not be withdrawn without the leave of the Court. Service of notice, process, or any other paper upon the attorney is equivalent to such service on the parties for whom the attorney has appeared. Provided, however, that the foregoing provisions shall not apply to a party who conducts his or her own case. A party who conducts his or her own case shall file with the pleadings a memorandum of an address where notice can be served upon the party.

(f) Government Attorneys. Notwithstanding any provision of this rule:

(1) Any attorney appearing pursuant to the authority of the United States Attorney's Office for the Western District of Virginia, or any attorney employed by the Federal Public Defender's Office, may appear and file pleadings in an official capacity without admission to practice in this Court, so long as such attorney is qualified and licensed to the practice before the Supreme Court of the United States, or before any other Article III federal court, or before the highest court of any state in the United States, or before the courts of the District of Columbia. Attorneys appearing pursuant to this subsection must promptly qualify for electronic case filing.

(2) Any other federal government attorney representing the United States government, or any agency or employee thereof, may appear and sign pleadings and other filings in an action without admission to practice in the Court as long as such attorney is qualified and licensed to practice before the Supreme Court of the United States, or before any other Article III federal court, or before the highest court of any state in the United States, or before the courts of the District of Columbia. However, any such attorney must secure local counsel by associating an attorney from the United States Attorney's Office for the Western District of Virginia, and all pleadings and other filings must be signed by such local counsel. Attorneys appearing pursuant to this subsection must promptly qualify for electronic case filing.

(g) Law Students. Prior to an attorney presenting an eligible law student to the court for the purpose of participating in any civil or criminal case, the attorney must in accordance with Court's Plan for Third-Year Practice, file a motion, the certifications referenced in the Plan, and a proposed order requesting the court to authorize the student to participate in the matter. These documents should be filed in the division of court with the judicial officer before whom the student will primarily appear. An eligible law student who has qualified under this Court's Plan for Third-Year Practice may participate in any civil or criminal case in accordance with the Plan.

(h) Discipline. All attorneys admitted to practice before this Court or admitted for the purpose of a particular proceeding are admitted subject to the disciplinary rules, conditions, and procedures set forth in this Court's Rules of Disciplinary Enforcement.

(i) Entry and Withdrawal by Attorney. Any attorney entering a cause, at any time after its inception, must promptly give written notice thereof to the Clerk, requesting to be entered as an attorney of record. No attorney of record shall withdraw from any cause pending in this Court, except with the consent of the Court for good cause shown.

(j) Surety. No attorney appearing as counsel in any case shall become bail or surety in any cause or proceeding, civil or criminal, in this Court or to be returned thereto.