(a) General Rules.
(1) An attorney who appears in this court is subject to its disciplinary
jurisdiction as set forth in L.R. 83.2.
(2) In order to appear on behalf of a party in this court, an attorney must:
(A) be admitted to practice before this court and be on active status
and in good standing with the State Bar of Montana;
(B) be an attorney currently employed or retained by the United
States or by the Federal Defenders of Montana; or
(C) have been granted leave to appear pro hac vice in the case in
which they are appearing.
(3) An attorney authorized to appear in this court must promptly notify
the court of any change in the attorney’s status that would make the
attorney ineligible for membership under subsection (b) of this rule or
ineligible to appear under subsections (c) or (d) of this rule.
(b) Membership in the Bar.
(1) Only attorneys of good moral character who are active members of the
State Bar of Montana and not subject to any pending administrative,
disciplinary, suspension, or disbarment orders in any jurisdiction may
be admitted as members of the bar of this court.
(2) Law clerks currently employed by a judge of this District may be
admitted to this court even if they are on inactive status with the State
Bar of Montana.
(3) Applicants must disclose on their application whether they have ever
been held in contempt, otherwise disciplined by any court for
disobedience to its rules or orders, or sanctioned under Fed. R. Civ. P.
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11 or 37(b) or their state equivalent. The Chief Judge may designate a
judge to review all applicants who have been subject to any such
discipline, obtain additional information regarding such sanctions if
necessary, and make a determination as to membership.
(4) Eligible attorneys must complete the online application process using
PACER and pay all required fees including the admission fee and any
re-registration fees which may be imposed. Failure to pay these fees
may result in denial of admission or deactivation of filing privileges.
(5) Any suspension, disbarment, or transition to inactive status with the
State Bar of Montana automatically renders an attorney ineligible to
practice in this court. When the clerk receives notice that a member of
the Bar has been suspended, disbarred, or gone to inactive status, the
clerk will notify the attorney that he or she may not appear in any
case. An attorney’s eligibility to practice is automatically reinstated
upon return to active status and in good standing with the State Bar of
Montana.
(c) Attorneys for the United States and Federal Defenders. An attorney
currently employed or retained by the United States or by the Federal Defenders of
Montana may appear in this court in any matter within the scope of the attorney’s
employment, provided the attorney:
(1) is an active member of another federal bar or of the bar of the highest
court of a State, territory, or insular possession of the United States;
(2) is not subject to any pending administrative, disciplinary, suspension,
or disbarment orders in any jurisdiction; and
(3) has completed the E-File registration for federal attorneys on PACER.
(d) Pro Hac Vice Appearance.
(1) A non-member attorney who does not reside and is not regularly
employed in Montana may, upon motion to and in the discretion of the
presiding judge, appear and participate in a particular case provided
the attorney is:
(A) an active member of another federal bar or of the bar of the
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highest court of a State, territory, or insular possession of the
United States;
(B) not subject to any pending administrative or disciplinary
suspension or disbarment order or an order of suspension in any
jurisdiction;
(C) of good moral character; and
(D) retained to appear in this court.
(2) A pro hac vice applicant may not file electronically unless granted
leave to appear pro hac vice.
(3) An applicant attorney must obtain the name, address, telephone
number, and written consent of local counsel who is an active member
of the bar of this court with a physical office within the geographical
boundaries of the District of Montana and with whom the court and
opposing counsel may readily communicate regarding the conduct of
the case, upon whom documents will be served, and who will be
responsible to participate as required under subsection (7) of this rule.
(4) Local counsel must file a motion for the applicant attorney’s
admission pro hac vice but need not comply with L.R. 7.1(c)(1).
Counsel must attach to the motion the applicant’s affidavit or
declaration stating, under penalty of perjury:
(A) the applicant’s state or territory of residence and office
addresses, including firm name and telephone, fax, and e-mail
contact information;
(B) that the applicant has paid or will pay, simultaneously with
filing the application, the admission fee shown on the court’s
website, subject to reimbursement if the application is denied;
(C) that the applicant either has reviewed the CM/ECF User’s
Guide for Filing in the District of Montana located on the
court’s website or is proficient in electronic filing in another
federal district court;
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(D) by what court(s) the applicant has been admitted to practice, the
date(s) of admission, and the date(s) of termination of
admission, if any;
(E) that the applicant is in good standing and eligible to practice in
these courts;
(F) that the applicant is not currently suspended or disbarred in any
other court;
(G) whether the applicant has ever been held in contempt, otherwise
disciplined by any court for disobedience to its rules or orders,
or sanctioned under Fed. R. Civ. P. 11 or 37(b) or their state
equivalent; the name of the court before which the proceedings
were conducted; the date of the proceedings; and what action
was taken in connection with those proceedings. A copy of any
such contempt, discipline, or sanction order must be included
with the application;
(H) whether the applicant has concurrently or within the two years
preceding the date of application made any pro hac vice
application to this court, the title and the cause number of each
matter in which an application was made, the date of
application, and whether the application was granted;
(I) that the applicant understands that pro hac vice admission in
this court is personal to the attorney only and is not admission
of a law firm and that the attorney will be held fully
accountable for the conduct of the litigation in this court; and
(J) that the applicant has complied with Montana Rule of
Professional Conduct 8.5.
(5) Leave to appear pro hac vice is granted or denied solely at the
discretion of the presiding judge and pertains only to the instant case.
Revocation of leave to appear pertains to the instant case only and
does not automatically bar application in another case or membership
in the bar of the court.
(6) Pro hac vice counsel must update the information required by L.R.
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83.1(d)(4)(A), (D) (as to termination of admission only), (E), (F), and
(G) if it is or becomes incorrect or incomplete at any point in the
duration of the admission.
(7) Local counsel must participate actively in all phases of the case,
including, but not limited to, attendance at depositions and court
proceedings, preparation of briefs and discovery requests and
responses, and all other activities to the extent necessary for local
counsel to be prepared to go forward with the case at all times. Unless
otherwise ordered, local counsel must sign all pleadings, motions, and
briefs. The court, in extraordinary circumstances and on motion by
local counsel, may suspend or modify local counsel’s duties. If the
court alters local counsel’s duties or waives this rule—neither of
which will occur routinely—all documents subsequently filed must be
signed by counsel actively involved in the case.
