IN THE UNITED STATES DISTRICT COURT
" r --, ••
I '.' -' J. I
FOR THE DISTRICT OF WYOMING
IN THE MATTER OF ADOPTION OF
ss
AMENDED RULES OF COURT
The matter of the adoption of amendments to the rules for
this Court having come on regularly to be heard, and a set of
amended local rules having been considered, and the Court being
fully advised in the premises; it is
HEREBY ORDERED that local civil rules 51.1 and 83.12.2, be
amended in accordance with the copy attached hereto. It is
FURTHER ORDERED that said rules relating to jury
instructions and admission to practice are a part of the local
criminal rules, and said criminal rules 30.1 and 61.1 be amended
in accordance with the copy attached hereto. It is
FURTHER ORDERED that Appendix E relating to a Motion for
Admission Pro Hac Vice as attached hereto, be adopted as part of
the Local Civil Rules and Appendix A relating to a Motion for
Admission Pro Hac Vice as attached hereto, be adopted as part of
the Local Criminal Rules. It is
FURTHER ORDERED that the said amended local rules and the
new Appendix E to the Civil Rules and the new Appendix A to the
Criminal Rules shall be adopted, and become effective August 20,
2003. It is
FURTHER ORDERED that the Clerk of Court shall cause notice
of the attached amendments to the local rules and the new
Appendix E of the Civil Rules and Appendix A of the Criminal
Rules to be published to the Bar and public.
+J,
Dated this /$ - day of August, 2003.
4f~
Chj&;g
WILLIAM F. DOWNES
e
CLAR
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E A. BRIMMER
United States District Judge
ALAN B. JOHNSO~
United States District Judge
Rule 51.1 INSTRUCTIONS
The parties shall tender to the Court and exchange with each
other proposed jury instructions with citations to authorities in
support thereof, together with proposed verdict forms, and a 3
1/2 inch diskette formatted for WordPerfect, five (5) business
days prior to trial in both civil and criminal cases.
Rule 83.12.2 ADMISSION TO PRACTICE
(a) General Admissions. Attorneys who are regularly admitted
and licensed to practice before the Supreme Court of Wyoming may be
admitted to practice in the United States District Court for the
District of Wyoming upon motion made in open court by an attorney
admitted to this Court. Said motion shall contain a satisfactory
showing of the good moral character and the qualifications of the
applicant, and the moving attorney shall vouch for him. Upon the
granting of said motion for admission, the applicant shall take the
oath, which shall be administered by the Court or the Clerk of
Court. After signing the roll of attorneys in the Clerk of Court's
office and paying the appropriate fee to the Clerk of Court, a
certificate of admission shall be furnished to each admitted
attorney.
(b) Admission Pro Hac Vice. All attorneys who have not been
admitted to practice in the courts of the State of Wyoming must
seek admission pro hac vice based upon a motion made by a member of
the Bars of the State of Wyoming and of this Court and an affidavit
of the attorney seeking pro hac vice admission in order to appear
in any matter before this Court. A proposed order shall be
submitted with the motion. (See Appendix E for the required
contents of the motion and affidavit.)
Unless otherwise ordered by this Court, a motion to appear
pro hac vice shall be granted only if the applicant associates with
a currently licensed member of the Bars of the State of Wyoming and
of this Court who shall participate in the preparation and trial of
the case to the extent required by the Court. The applicant must
also be a member in good standing of the bar of another state and
the bar of another federal court in order to be eligible for pro
hac vice admission in any matter before this Court.
An attorney who applies for admission pro hac vice consents to
the exercise of disciplinary jurisdiction by this Court over any
alleged misconduct which occurs during the progress of the case in
which the attorney so admitted participates. Prior to the filing of
any pleadings or other documents, there shall be filed in the Clerk
of Court1s office an entry of appearance by a currently licensed
member of the Bar of the State of Wyoming with whom the applicant
has become associated. The Wyoming member of the Bar shall move the
applicant's admission at the commencement of the first hearing to
be held before the Court. The Wyoming attorney shall sign the first
pleading filed and shall continue in the case unless other resident
counsel be substituted. The Wyoming attorney shall be present in
Court during all proceedings in connection with the case, unless
excused, and shall have full authority to act for and on behalf of
the client in all matters including pretrial conferences, as well
as trial or any other hearings. Any notice, pleading or other
paper shall be served upon all counsel of record, including
resident counsel, whenever possible, but it shall be sufficient for
purposes of notice if service of any motion, pleading, order,
notice or any other paper is served only upon Wyoming counsel, who
shall assume responsibility for advising the non-resident associate
of any such service. For good cause shown, the Court may direct the
Clerk of Court to accept for filing a complaint signed only by a
non-resident attorney, upon the condition that such non-resident
attorney shall associate with resident counsel within ten (10) days
after the filing of the complaint.
(c) Motion to appear pro hac vice. Every motion to appear pro
hac vice must contain the firm name (if any) address, telephone and
facsimile number (if any) for said attorney, otherwise the
attorney's name will not be added to the case docket. A proposed
order shall be submitted with the motion.
(d) Pro Se Representation. Any party proceeding on his or
her own behalf without an attorney shall be expected to read and be
familiar with both the Local Rules of this Court and with the
Federal Rules of Civil Procedure, the Rules of Bankruptcy
Procedure, the Federal Rules of Evidence, or Federal Rules of
Appellate Procedure, whichever may be appropriate in the case, and
to proceed in accordance therewith. Copies of such Rules shall be
available for review at the Office of the Clerk of Court.
(e) Government Attorneys. Any attorney representing the United
States Government, or any agency thereof, and who has been admitted
to practice in the highest court of any state, but who is not
otherwise qualified under this Rule to practice in this Court, may
appear and participate in a case in his official capacity, as
hereinafter provided. If the Government representative is not a
member of the Bar of this Court, the United States Attorney for
this District or one of his assistants shall move the admission of
the non-resident Government representative, shall sign all
pleadings before their filing and shall be present in Court during
all proceedings in connection with the case, unless excused by the
Court. Said United States Attorney shall also be designated by the
Government attorney for the purpose of receiving service of
notices, and such service shall constitute service upon said
Government attorney.
(f) Law Students. Any law student who has complied with the
terms and conditions of Rule 12, Rules of the Supreme Court of
Wyoming, providing for the organization and government of the Bar
Association and attorneys at law of the State of Wyoming, shall be
permitted to practice before this Court upon proof of compliance,
and upon motion duly made pursuant to subsection (a) of this Rule.
No such law student shall be permitted to practice unless
accompanied by an attorney otherwise duly admitted to practice
before this Court.
APPENDIX E
MOTION AND AFFIDAVIT FOR ADMISSION PRO HAC VICE
PURSUANT TO U.S.D.C.L.R. 83.12.2(b)
All pro hac vice affidavits shall contain the following
information:
• Name, address, telephone number and name of firm of attorney
seeking pro hac vice admission;
• When and where admitted (each court/bar);
• List of all pending disciplinary proceedings and all past
public sanctions of pro hac vice counsel;
• Affirmation by pro hac vice counsel that said counsel will
comply with and be bound by the Local Rules of the United
States District Court for the District of Wyoming;
• Acknowledgment by attorney seeking pro hac vice admission
that local counsel is required to be fully prepared to
represent the client at any time, in any capacity;
• Acknowledgment of pro hac vice counsel that said counsel
submits to and is subject to disciplinary jurisdiction of
the Court for any alleged misconduct arising in the course
of preparation and representation in the proceedings.
All pro hac vice motions shall contain the following information:
• Local counsel shall represent that local counsel is a member
in good standing of the Bar of the State of Wyoming and the
Bar of this Court;
• A statement that local counsel shall vouch for the good
moral character and veracity of the pro hac vice attorney;
• A statement that local counsel shall be fully prepared to
represent the client at any time, in any capacity.
Rule 30.1 INSTRUCTIONS
The parties shall tender to the Court and exchange with each
other proposed jury instructions with citations to authorities in
support thereof, together with proposed verdict forms, and a 3
1/2 inch diskette formatted for WordPerfect, five (5) business
days prior to trial in both civil and criminal cases.
Rule 61.1 ADMISSION TO PRACTICE
(a) General Admissions. Attorneys who are regularly admitted
and licensed to practice before the Supreme Court of Wyoming may be
admitted to practice in the United States District Court for the
District of Wyoming upon motion made in open court by an attorney
admitted to this Court. Said motion shall contain a satisfactory
showing of the good moral character and the qualifications of the
applicant, and the moving attorney shall vouch for him. Upon the
granting of said motion for admission, the applicant shall take the
oath, which shall be administered by the Court or the Clerk of
Court. After signing the roll of attorneys in the Clerk of Court's
office and paying the appropriate fee to the Clerk of Court, a
certificate of admission shall be furnished to each admitted
attorney.
(b) Admission Pro Hac Vice. All attorneys who have not been
admitted to practice in the courts of the State of Wyoming must
seek admission pro hac vice based upon a motion made by a member of
the Bars of the State of Wyoming and of this Court and an affidavit
of the attorney seeking pro hac vice admission in order to appear
in any matter before this Court. A proposed order shall be
submitted with the motion. (See Appendix A for the required
contents of the motion and affidavit.)
Unless otherwise ordered by this Court, a motion to appear
pro hac vice shall be granted only if the applicant associates with
a currently licensed member of the Bars of the State of Wyoming and
of this Court who shall participate in the preparation and trial of
the case to the extent required by the Court. The applicant must
also be a member in good standing of the bar of another state and
the bar of another federal court in order to be eligible for pro
hac vice admission in any matter before this Court.
An attorney who applies for admission pro hac vice consents to
the exercise of disciplinary jurisdiction by this Court over any
alleged misconduct which occurs during the progress of the case in
which the attorney so admitted participates. Prior to the filing of
any pleadings or other documents, there shall be filed in the Clerk
of Court's office an entry of appearance by a currently licensed
member of the Bar of the State of Wyoming with whom the applicant
has become associated. The Wyoming member of the Bar shall move the
applicant's admission at the commencement of the first hearing to
be held before the Court. The Wyoming attorney shall sign the first
pleading filed and shall continue in the case unless other resident
counsel be substituted. The Wyoming attorney shall be present in
Court during all proceedings in connection with the case, unless
excused, and shall have full authority to act for and on behalf of
the client in all matters including pretrial conferences, as well
as trial or any other hearings. Any notice, pleading or other
paper shall be served upon all counsel of record, including
resident counsel, whenever possible, but it shall be sufficient for
purposes of notice if service of any motion, pleading, order,
notice or any other paper is served only upon Wyoming counsel, who
shall assume responsibility for advising the non-resident associate
of any such service. For good cause shown, the Court may direct the
Clerk of Court to accept for filing a complaint signed only by a
non-resident attorney, upon the condition that such non-resident
attorney shall associate with resident counsel within ten (10) days
after the filing of the complaint.
(c) Motion to appear pro hac vice. Every motion to appear pro
hac vice must contain the firm name (if any) address, telephone and
facsimile number (if any) for said attorney, otherwise the
attorney's name will not be added to the case docket. A proposed
order shall be submitted with the motion.
(d) Pro Be Representation. Any party proceeding on his or
her own behalf without an attorney shall be expected to read and be
familiar with both the Local Rules of this Court and with the
Federal Rules of Civil Procedure, the Rules of Bankruptcy
Procedure, the Federal Rules of Evidence, or Federal Rules of
Appellate Procedure, whichever may be appropriate in the case, and
to proceed in accordance therewith. Copies of such Rules shall be
available for review at the Office of the Clerk of Court.
(e) Government Attorneys. Any attorney representing the United
States Government, or any agency thereof, and who has been admitted
to practice in the highest court of any state, but who is not
otherwise qualified under this Rule to practice in this Court, may
appear and participate in a case in his official capacity, as
hereinafter provided. If the Government representative is not a
member of the Bar of this Court, the United States Attorney for
this District or one of his assistants shall move the admission of
the non-resident Government representative, shall sign all
pleadings before their filing and shall be present in Court during
all proceedings in connection with the case, unless excused by the
Court. Said United States Attorney shall also be designated by the
Government attorney for the purpose of receiving service of
notices, and such service shall constitute service upon said
Government attorney.
(f) Law Students. Any law student who has complied with the
terms and conditions of Rule 12, Rules of the Supreme Court of
Wyoming, providing for the organization and government of the Bar
Association and attorneys at law of the State of Wyoming, shall be
permitted to practice before this Court upon proof of compliance,
and upon motion duly made pursuant to subsection (a) of this Rule.
No such law student shall be permitted to practice unless
accompanied by an attorney otherwise duly admitted to practice
before this Court.
·.
APPENDIX A
MOTION AND AFFIDAVIT FOR ADMISSION PRO HAC VICE
PURSUANT TO U.S.D.C.L.R. 61.1
All pro hac vice affidavits shall contain the following
information:
• Name, address, telephone number and name of firm of attorney
seeking pro hac vice admission;
• When and where admitted (each court/bar);
• List of all pending disciplinary proceedings and all past
public sanctions of pro hac vice counsel;
• Affirmation by pro hac vice counsel that said counsel will
comply with and be bound by the Local Rules of the United
States District Court for the District of Wyoming;
• Acknowledgment by attorney seeking pro hac vice admission
that local counsel is required to be fully prepared to
represent the client at any time, in any capacity;
• Acknowledgment of pro hac vice counsel that said counsel
submits to and is subject to disciplinary jurisdiction of
the Court for any alleged misconduct arising in the course
of preparation and representation in the proceedings.
All pro hac vice motions shall contain the following information:
• Local counsel shall represent that local counsel is a member
in good standing of the Bar of the State of Wyoming and the
Bar of this Court;
• A statement that local counsel shall vouch for the good
moral character and veracity of the pro hac vice attorney;
• A statement that local counsel shall be fully prepared to
represent the client at any time, in any capacity
