ATTORNEYS

46.1 Admission (a) Except as the court otherwise directs, practice before the court is limited to the members of the bar of this court. Admission to the bar of this court is governed by the provisions of FRAP 46 and such other requirements as the court may adopt from time to time, provided, however, that (i) the applicant must be familiar with the contents of the Federal Rules of Civil Procedure, Criminal Procedure, and Appellate Procedure, as well as with the Local Appellate Rules and Internal Operating Procedures of this court, and (ii) the applicant has read and understood those provisions of the above documents dealing with briefs, motions and appendices. The fee for admission is determined by order of the court and is payable to the clerk as trustee. All funds received from such applications must be deposited in the appropriate accounts of the court designated for this purpose.

(b) Unless the court otherwise directs, an attorney must apply for admission to the bar of this court when the attorney enters an appearance, or at such time as a motion, brief, or other document is filed in this court. An attorney who will argue the appeal, if not previously admitted to the bar of this court, may apply for admission on or before the date of oral argument. Forms prescribed by the court for purpose of admission may be obtained from the clerk of this court. (c) Any applicant for admission to the bar of this court may be admitted in open court on oral motion, on motion before a single judge of this court, or as the court may otherwise from Table of Contents 43 3RD CIRCUIT LOCAL APPELLATE RULES August 1, 2011 time to time determine.

However, qualified applicants to the bar of this court not previously admitted and who will argue the appeal must be admitted in open court on oral motion. (d) An applicant for admission to the bar of this court may be admitted on written or oral motion of a member of the bar of this court or a circuit or district judge of this circuit. (e) The initial brief filed by each party with the court must contain a certification that at least one of the attorneys whose names appear on the brief is a member of the bar of this court, or has filed an application for admission pursuant to this rule. Source: 1988 Court Rule 9.1 Cross-references: FRAP 46; 3d Cir.

L.A.R. 28.3(a) and L.A.R. Misc. 113; Third Circuit Attorney Disciplinary Rules. Committee Comments: This rule was renumbered by the 1995 revision of the rules; no substantive change from prior Court Rule 9.1 is intended. It is not intended that current practice permitted by law be changed.

See L.A.R. Misc. 113.2 for requirements for registration for electronic filing. Technical changes were made in 2008 to conform to new Judicial Conference policies regarding the deposit of funds. 46.2 Entry of Appearance Within 14 days of notification of the docketing of a case, counsel for the appellant or petitioner must file an entry of appearance which must include an address where notices and papers may be mailed to or served upon him or her.

Counsel must include an e-mail address. The entry of appearance form must be served on all parties. Not later than 14 days after the docketing of the appeal, counsel for all parties in the trial court or agency below and any other persons entitled to participate in the proceedings as appellees or respondents and desiring to do so, must file similar appearances. Any such party or other person on whose behalf counsel fails to file an entry of appearance within the time fixed by this rule will not be entitled to receive notices or copies of briefs and appendices until an entry of appearance has been entered for such party.

Counsel or a party proceeding pro se who is not registered as a Filing User must be served directly with copies of notices, motions, and briefs. Source: 1988 Court Rule 9.2 Cross-references: FRAP 46 Committee Comments: This rule was renumbered by the 1995 revision of the rules; no substantive change from prior Court Rule 9.2 is intended. The requirement of an e-mail address was added in 2008. Time changed to 14 days in 2010 to conform to amendments in FRAP.

Table of Contents 44 3RD CIRCUIT LOCAL APPELLATE RULES August 1, 2011 46.3 Entry of Appearance by Eligible Law Students (a) Eligibility (1) An eligible law student who represented an indigent litigant in the district court in a civil matter or before an administrative agency may enter an appearance in this court provided that the person on whose behalf the student is appearing indicates in writing his or her consent to that appearance and a supervising lawyer also indicates in writing his or her approval of that appearance. (2) The court may appoint, either in response to a motion for appointment of counsel or sua sponte, a law student who is participating in a law school clinic or pro bono program to represent an indigent pro se litigant. If the court appoints a law student sua sponte, the person on whose behalf the student is appearing must indicate in writing his or her consent to that appearance. Students appointed by the court must enter an appearance in accordance with this rule.

(3) In each case the written consent and approval of the person the law student represents must be filed in the record of the case and must be brought to the attention of the court. (4) An eligible law student may engage in other activities under the general supervision of a member of the bar of this court outside the personal presence of that lawyer for the purpose of preparation of briefs, abstracts, and other documents to be filed in this court, but such documents must be signed by the supervising lawyer. (5) An eligible law student may participate in oral argument in this court but only in the presence of the supervising lawyer, who must be prepared to supplement any written or oral statement made by the student. Students should recognize that argument may be scheduled during school breaks.

(b) Requirements and Limitations. In order to make an appearance pursuant to this rule, the law student must: (1) Be duly enrolled in a law school approved by the American Bar Association. (2) Have completed legal studies amounting to at least four semesters, or the equivalent if the school is on some basis other than a semester basis, or be enrolled in a law school clinic or pro bono program. (3) If not enrolled in a law school clinic or pro bono program, be certified by the dean of his or her law school as being of good character and competent legal ability, and as being adequately trained to perform as an eligible law student under this rule.

(4) Neither ask for nor receive any compensation or remuneration of any kind Table of Contents 45 3RD CIRCUIT LOCAL APPELLATE RULES August 1, 2011 from the person on whose behalf the law student renders service, but this will not prevent a lawyer, legal aid bureau, law school, public defender agency, or the government from paying compensation to the eligible law student, nor will it prevent any agency from making such charges for its services as it may otherwise properly require. (5) Submit with the appearance form a certification in writing that the law student has read and is familiar with the rules of professional conduct governing attorneys practicing in the jurisdiction of the supervising attorney. (6) Submit with the appearance form the following signed and notarized oath or affirmation: "I, [name], do swear (or affirm) that I will support the Constitution of the United States, and that, in practicing as an eligible law student under 3d Cir. L.A.R. 46.3 I will conduct myself strictly in accordance with the terms of that rule and according to law." (c) Certification (1) The certification of a student by the law school dean must be filed with the clerk of court and, unless it is sooner withdrawn, will remain in effect until the expiration of eighteen (18) months after it is filed, or until the announcement of the results of the first bar examination of the state where the student's law school is located following the student's graduation, whichever is earlier.

For any student who passes that examination or who is admitted to the bar without taking an examination, the certification will continue in effect until the date the student is admitted to the bar. The student is responsible for advising the clerk in writing of any change in status or event affecting the student's certification. (2) The certification may be withdrawn by the dean at any time by sending a notice to that effect to the clerk of the court. It is not necessary that the notice state the cause for withdrawal.

(3) The certification may be terminated by this court at any time without notice or hearing and without any showing of cause. (d) Supervision. The member of the bar under whose supervision an eligible law student does any of the things permitted by this rule must: (1) Be a lawyer in good standing of the bar of this court and enter an appearance in the case. (2) Assume personal professional responsibility for the student's guidance in any work undertaken and for supervising the quality of the student's work.

(3) Assist the student to the extent the supervising lawyer considers it necessary. (4) Assure that briefing schedules are met regardless of semester breaks, exams, and vacations. Table of Contents 46 3RD CIRCUIT LOCAL APPELLATE RULES August 1, 2011 (5) Be prepared to appear and argue if the student is unavailable when the case is scheduled for oral argument. Source: 1988 Court Rule 9.3 Cross-references: FRAP 46; Third Circuit Attorney Disciplinary Rules Committee Comments: The Model Rules of Professional Responsibility replace the Canons of Professional Ethics.

No substantive change from prior Court Rule 9.3 is intended. Revised in 2011. 46.4 Signing Documents All documents, motions and briefs must be signed by an attorney or by a party appearing pro se. Electronically filed documents must be signed with either an electronic signature or “s/ typed name.” Source: Fed. R. Civ. P. 11 Cross-references: L.A.R. 28.4; L.A.R. Misc.

113.9 Committee Comments: This rule is derived from Fed. R. Civ. P. 11 which requires signatures on all papers. The signing of documents is important because it constitutes a certificate by the attorney or party that he or she has read the pleading or brief to ensure that it complies with all federal and local rules. The requirement is interpreted broadly and the attorney of record may designate another person to sign the brief. If a party is represented by multiple counsel, the signature from only one attorney of record is required.

The rule was amended in 2008 to permit electronic signatures.