(a) Roll of Attorneys. The bar of this Court shall consist of those attorneys
admitted to practice before this Court.
(b) Eligibility and Admission. To be eligible for admission to the bar of the
Court, a person must be admitted to the practice of law in this state and in good standing
with the Supreme Court of North Carolina. A Judge will consider a request for admission
only upon motion made in open court by a member of the bar of this Court. Prior to
being admitted to practice, an attorney must certify, on the application for admission to
practice form provided for use in this Court, that the attorney has read and is familiar
with the Federal Rules of Civil Procedure, the Federal Rules of Criminal Procedure, the
Federal Rules of Evidence, the Local Rules of this Court, and the North Carolina Code of
Professional Responsibility. Attorneys seeking admission to practice in this Court must
take an oath or make an affirmation in a form approved by the Court and pay the filing
fee required by the Administrative Office of the United States Courts for admission to
practice in this district. When the application form prescribed for use by this Court is
completed and the appropriate filing fee has been paid to the Clerk of Court of this Court,
a judge or magistrate judge of the Eastern or Western Districts of North Carolina, upon
being presented evidence that the above-mentioned application has been filed and that the
requisite fees have been paid, may admit an attorney who is qualified according to these
rules to practice before this Court. 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 Western 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 admitting the attorney to practice or certificate of good standing
from either of the aforementioned districts.
(c) Litigants Must Be Represented by a Member of the Bar of this Court.
(1) Litigants in civil and criminal actions and parties in bankruptcy
proceedings before this Court, except parties appearing pro se, must be
represented by at least one attorney who is a member of the bar of this Court.
Federal government attorneys representing the interests of the United States are
not required to secure local counsel. The service of all pleadings and papers
permitted by the Federal Rules of Civil and Criminal Procedure shall be sufficient
if made upon such attorney.
(2) All pleadings and papers presented to the clerk for filing, except by
attorneys representing governmental agencies or parties appearing pro se, shall be
signed by a member of the bar of this Court.
(d) Special Appearance.
(1) Attorneys who are members in good standing of the bar of the
highest court of any state or the District of Columbia may practice in this Court for
a particular case in association with a member of the bar of this Court. To appear
by special appearance, an attorney shall associate with a member of the bar of this
Court, shall register as a filing user with the Court's CM/ECF system, shall enter a
Notice of Special Appearance, and shall pay any appearance fee required by the
Court. See LR 5.3(c)(1). No motion is required. By entering an appearance, an
attorney agrees that:
(i) the attorney will be responsible for ensuring the presence of
an attorney who is familiar with the case and has authority to control the
litigation at all conferences, hearings, trials and other proceedings; and that
(ii) the attorney submits to the disciplinary jurisdiction of the
Court for any misconduct in connection with the litigation for which the
attorney is specially appearing.
(2) A member of the bar of this Court who accepts employment in
association with a specially appearing attorney is responsible to this Court for the
conduct of the litigation or proceeding and must review and sign all pleadings and
papers, except for certificates of service. Such member must be present during
pretrial conferences, potentially dispositive proceedings, and trial.
(e) Withdrawal of Appearance. No attorney who has entered an appearance
in any civil or criminal action shall be permitted to withdraw an appearance, or have it
stricken from the record, except as follows:
(1) By Notice of Withdrawal. A party’s attorney may withdraw from a
case by filing and serving a notice of withdrawal, effective upon filing, if
another attorney has entered an appearance, on behalf of the party from the
same firm, organization, or government agency, which includes the United
States, and that attorney will still be the party’s counsel of record after the
attorney seeking to withdraw does so. A notice of withdrawal may be filed
on the withdrawing attorney’s behalf if that attorney is no longer employed
by the firm, organization, or agency.
(2) By Motion. An attorney who seeks to withdraw other than under
paragraph (1) must move to withdraw and make an appropriate showing in
support. The motion to withdraw must be served on the client and include
the client's mailing address in the certificate of service.
