(a) Roll of Attorneys. The bar of this Court shall consist of all present members and
those attorneys admitted in the future to practice before this Court who have taken the
oath prescribed by the rules and have paid to the Clerk such fees as the Court may
prescribe from time to time. No person, unless duly admitted to practice in this Court
shall be permitted to appear and participate in the trial of any action or hearing of any
motion except in his or her own behalf or by special permission of the Court or as
provided in section (d) of this rule.
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(b) Eligibility. Any person is eligible for membership who is admitted to practice law
and in good standing before the Supreme Court of Tennessee, any other state, or the
District of Columbia. If the applicant is not a member of the bar of Tennessee, he or
she must also be a member in good standing of a United States District Court.
(c) Procedure for Admission. Each applicant for admission to the bar of this Court shall
file with the Clerk a written petition setting forth: (a) the attorney’s Board of
Professional Responsibility number (or similar number, if any, from the admittee’s
state of licensure) and current address and telephone number, along with; (b) a
certificate of good standing from the highest court of his or her state or the District of
Columbia and, if not a member of the bar of Tennessee, from a United States District
Court. Admission then shall be obtained only on motion made by a member in good
standing of the bar of this Court. The applicant, if admitted, shall take the prescribed
oath, pay the required fees and certify that he or she subjects himself or herself to the
jurisdiction of the Court and has obtained, is familiar with and agrees to be bound by
these Local Rules, Tennessee Supreme Court Rule 8 (Rules of Professional Conduct),
and the Guidelines of Professional Courtesy and Conduct (at APPENDIX C). Upon
completion of all requirements for admission, the Court shall enter an order of
admission. The admittee’s name and Tennessee Board of Professional Responsibility
number (or similar number, if any, from the admittee’s state of licensure) shall be
inscribed on the roll of attorneys, and a certificate of admission may be issued upon
application.
(d) Permission to participate in a Particular Case. An attorney not licensed to practice law
in the State of Tennessee, but who is licensed to practice and is in good standing at the
bar of the highest court of any other state or the District of Columbia may be admitted
specially for the purpose of acting as attorney in a case in this Court. Any attorney
seeking special admission is subject to the following rules and requirements:
(1) An attorney seeking to participate in a particular case under this section shall
file a written motion, including the attorney’s license number, if any, from the
attorney’s state of licensure, and current residence and office addresses and
office telephone number, along with:
(A) a certificate of good standing from the highest Court of a state or the
District of Columbia, and from a United States District Court, and
(B) a certificate that the attorney subjects himself or herself to the
jurisdiction of the Court and has obtained, is familiar with and agrees
to be bound by these Local Rules, Tennessee Supreme Court Rule 8
(Rules of Professional Conduct), and the Guidelines of Professional
Courtesy and Conduct (at APPENDIX C), and
(C) a proposed order of special admission.
(2) An attorney may be provisionally admitted for a particular case on oral motion
without the required written motion and certificates in order to participate in
initial preliminary matters, but such attorney must comply with the preceding
subsection (d)(1) within 15 days of being provisionally admitted.
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(3) Failure to comply with these rules, failure to keep the Clerk advised of a
current address and telephone number, failure to attend scheduled conferences,
hearings and other proceedings, or any misconduct shall be grounds for
rescinding an order of special admission.
(e) Appearance in Civil Cases.
(1) An attorney representing a party in any civil case who has signed any of the
following papers shall be deemed to have appeared in the case and need not
file a separate notice of appearance: (i) a case-initiating document (including
an original complaint, petition, or notice of removal), (ii) an original
responsive pleading under Fed. R. Civ. P. 12(a)(1), or (iii) an original motion
under Fed. R. Civ. P. 12(b), (e), or (f).
(2) Except as set forth in subsection (e)(1) above, any attorney representing a
party in any civil case must file a separate written notice of appearance,
including the attorney’s Board of Professional Responsibility number, or
similar number from the attorney’s state of licensure, and other information
required by LR 7.1, identifying the party or parties for whom the attorney will
serve as counsel of record. The notice of appearance must be filed by the
attorney promptly upon undertaking the representation and before or
contemporaneously with the filing of any paper by such attorney. Each
attorney who intends to participate in a case is responsible for ensuring that
attorney is reflected as counsel of record on the electronic case docket. In the
case of a pro hac vice appearance, counsel shall, following compliance with
subsection (d)(1) above and the entry of the order of special admission,
comply with this subsection (e)(2).
(3) The filing of a notice of appearance does not, on its own, operate to waive any
defense available under Fed. R. Civ. P. 12.
(f) Appearance in Criminal Cases. An attorney retained by a defendant in a criminal
case and assistant United States attorneys shall file a written notice of appearance,
including the attorney’s Board of Professional Responsibility number, stating that the
attorney will serve as counsel of record. For defense counsel, notice must be filed
within 4 days after being retained or within four days after process is served on the
client, whichever occurs later. In the case of a pro hac vice appearance, defense
counsel shall comply with the requirements of subsection (d)(1) above.
As assistant United States attorneys, notice must be filed within four days of the
return of indictment, or initial appearance, or unsealing of indictment, whichever last
occurs. The provisions of this rule apply to attorneys who appear as substitute
counsel and to those who appear as counsel to an attorney already appearing as
counsel of record.
(g) Effect of Appearance as Counsel. By appearing in this Court or before a Magistrate
Judge in a proceeding representing a client, an attorney represents to this Court,
unless he or she affirmatively advises the Court to the contrary, that the attorney has
complied with (c) or (e) above and is not currently under a disbarment or suspension
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from any other court. A party represented by counsel who has appeared in a case may
not act on his or her own behalf unless that party’s attorney has obtained leave of the
Court to withdraw as counsel of record, provided that the Court may, in its discretion,
hear a party in open Court, notwithstanding the fact that the party is currently
represented by counsel of record.
(h) Conduct and Discipline. All attorneys practicing before the United States District
Court for the Western District of Tennessee shall comply with these Local Rules, the
Rules of Professional Conduct as then currently promulgated and amended by the
Supreme Court of Tennessee, and with the Guidelines for Professional Courtesy and
Conduct as adopted by this court (APPENDIX C).
(1) For a willful violation of the said Code or these Rules, an attorney is subject to
appropriate disciplinary action by the Court in accordance with the procedures
contained in this Court’s Order Adopting Rules of Disciplinary Enforcement
(filed 9/29/1980; copy available in clerk’s office), as amended from time to
time.
(2) If any attorney is convicted of or pleads nolo contendere to a felony or is
disbarred from practice in any state or federal court, such attorney’s right to
practice in this Court shall be suspended immediately and may be restored only
after application and hearing in accordance with the procedures contained in
this Court’s Order Adopting Rules of Disciplinary Enforcement (filed
9/29/1980; copy available in clerk’s office), as amended from time to time.
(i) In any action or proceeding where a party is not represented by an attorney who
(1) holds a valid license to practice law in Tennessee and is a Tennessee Bar
member in good standing,
(2) practices principally in a business office or a residence located within this
District or within a one-hundred-mile radius of the Courthouse in the
Division where the action or proceeding is pending, and
(3) has practiced regularly in this District during the preceding five years,
the Court may at any time in its sole discretion require such party to engage
co-counsel who meets the foregoing requirements (“Local Counsel”). The
Court may modify such requirements to suit the needs of a particular case.
Each Local Counsel, once retained, thenceforth shall sign every pleading,
motion, formal discovery request or response, formal disclosure (including
contentions prescribed by the Local Patent Rules), or any other paper filed
or served on behalf of the represented party; and shall personally participate
in every proceeding conducted before the Judge or Magistrate Judge and any
deposition, unless such participation is excused by the Court in advance
thereof.
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