Except as provided by Loc. R. Civ. P. 83.1 and this Rule, only Members in good standing
of the bar of this Court may appear as attorneys of record.
(a) Appearance by Attorneys from Outside this District.
(1) An attorney who is not a Member of the bar of this Court may appear in an action
only if they apply to become pro hac vice counsel pursuant to Loc. R. Civ. P. 83.1.
Pro hac vice attorneys who do not maintain an office in this District must obtain
local counsel. “Local counsel” under these Local Rules is defined as a Member of
the bar of this Court who maintains an office in this District, with whom the Court
and opposing counsel may readily meet and communicate regarding the conduct
of this case. A pro hac vice attorney who wishes to be relieved of the local counsel
requirement must make a motion for waiver within thirty (30) days of their initial
filing. Waiver may be granted in the Court’s discretion.
(2) Attorneys appearing on behalf of the United States or a department or agency
thereof, and Members of the bar of this Court in good standing but not maintaining
an office in the District, may appear without local counsel unless otherwise
directed by the Court.
(3) An attorney who is not a Member of the bar of this Court may sign pleadings in
accordance with Fed. R. Civ. P. 11 and 26(g).
(b) Notice of Appearance. No notice of appearance is required of an attorney whose name
and address appear at the end of a complaint, notice of removal, pre-answer motion, or
answer. In all other circumstances, an attorney appearing for a party in a civil case shall
promptly file a notice of appearance.
(c) Attorney Withdrawal/Substitution. An attorney who has appeared as counsel of record
in a civil matter may withdraw or be substituted by successor counsel in accordance with
the following procedure:
(1) By Stipulation with Notice of Appearance by Successor Counsel. An attorney
may withdraw or be substituted by successor counsel by stipulation endorsed by
the client, all counsel of record, and any unrepresented parties in the case,
provided:
(A) A notice of appearance of successor counsel either has been or is
contemporaneously filed with the notice of withdrawal;
(B) No evidentiary hearing or trial date has been scheduled in the case; and
(C) The withdrawing and successor attorneys certify to the satisfaction of these
conditions, and that the withdrawal/substitution of new counsel will not
require an amendment of the Scheduling Order.
(2) Alternative: By Notice – Same Firm.
(A) If the new attorney of record is associated with the same law firm as the
former attorney of record, counsel may, in lieu of a Stipulation of
Withdrawal/Substitution, submit a notice of appearance affirming that the
client has knowledge of and is in agreement with the change.
(B) The United States Attorney, Assistant United States Attorneys, and Special
Assistant United States Attorneys may be substituted by making an entry
on the docket.
(3) Alternative: By Notice – Same Firm – Two or More Attorneys – Attorney
Departing Firm. If two or more attorneys presently or formerly affiliated with the
same law firm are counsel of record for a party, and one of those attorneys is no
longer affiliated with the law firm that represents the party, an attorney who
remains affiliated with the law firm that represents the party may file a Notice of
Withdrawal of Attorney affirming:
(A) that the formerly affiliated attorney is no longer affiliated with the law firm
that represents the party;
(B) that the formerly affiliated attorney should be removed from the docket as
counsel of record for the party; and
(C) that the attorney who remains affiliated with the law firm that represents
the party remains counsel of record for that party.
(4) By Motion. In all other instances, an attorney who seeks to withdraw or be
substituted as successor counsel shall file a motion, which must be served upon the
client and all other counsel of record. If privileged or otherwise confidential
information is reasonably necessary to support the application, such information
may be submitted in camera to the Court, with a copy to the client only. If the
Court takes no action on an unopposed motion for withdrawal or substitution with
thirty (30) days of its filing, the motion will be deemed granted.
(d) Attorney Changing Firms. An attorney who changes law firms after appearing in a
matter, and who will continue to represent a party, shall update PACER with the correct
address, email address, and telephone number. If the attorney changing firms will not
continue to represent a party, and no other attorney from that law firm remains as counsel
of record for that party, the withdrawal/substitution of counsel procedure outlined in
subsection (c) shall be followed.
