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Special Appearance Attorney in EDNC?

Posted by Inez de Ondarza Simmons | Jun 08, 2012 | 0 Comments

Out of State Attorneys appear EDNC

You need to appear for your client in the United States District Court for the Eastern District of North Carolina (the “EDNC”), but you have not been admitted generally to the EDNC, nor can you, because you are not a member of the North Carolina State Bar.

How to appear “pro hac vice” in EDNC

In contrast to the North Carolina state law requirements for pro hac vice admission, the EDNC, of course, has its own rules regulating your appearance. Instead of being admitted “pro hac vice“, out-of-state attorneys can be admitted as “special appearance attorneys” pursuant to Local Civil Rule 83.1. Subsection (e) of that rule reads as follows:

(1) Attorneys who are members in good standing of the bar of a United States District Court and 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. By filing a Notice of Appearance, completing an Electronic Filing Attorney Registration Form, and complying with Section J.(1) of the Policy Manual, an attorney agrees that:

(a) the special appearance 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;

(b) the attorney submits to the disciplinary jurisdiction of the court for any misconduct in connection with the litigation in which the attorney is specially appearing; and

(c) for purposes of FED. R. CIV. P. 11, the Federal Rules of Civil Procedure and the Local Civil Rules of this court, the special appearance attorney's electronic signature shall carry the same force and effect as an original signature.

The Local Civil Rules contain additional requirements, including the specific obligations to be met by the special appearance attorney. One key requirement, of course, is that to be admitted to the EDNC, the special appearance attorney must associate with a member of the bar of the EDNC.

Raleigh Local Counsel Available for Association

Local Rule 83.1 Local Counsel

Ms. de Ondarza Simmons is a member of the bars of both the EDNC and the Middle District of North Carolina (the “MDNC”). She routinely works with North Carolina and out-of-state attorneys to help them help their clients, and she is currently available for association to enable you to appear as special appearance attorney in the EDNC and the MDNC.

New! EDNC Special Appearance Attorneys' Toolbox.

To help you help your clients, when you associate Ms. de Ondarza Simmons as Local Counsel in the EDNC, you get immediate access to our EDNC Special Appearance Attorneys' Toolbox. In it, you will find key forms that you can easily customize, saving you time and your client money. The Toolbox also contains the all-important EDNC standing orders and Judges' preferences collected in one place, so you can start off on the right foot right away. To learn more, you should click here.

Helping You Help Your Clients

If you are an out-of-state attorney with a case in the EDNC, you need local counsel who is fluent in the local rules and practices. Just send us a note and we'll schedule a telephone or Skype conference so that we can discuss how we can help you help your clients.

Please include whether you prefer to confer by telephone or Skype and some dates and times you are available
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Subscribe to our North Carolina Local Counsel newsletter today

To make sure you stay up to speed on all of the key requirements of the EDNC, you should subscribe to our quarterly North Carolina Local Counsel newsletter. It's free and available to all out-of-state attorneys, whether you have already associated us or might need to in the near future.

We publish North Carolina Local Counsel as a free service to our current, former, and potential co-counsel in order to keep them apprised of the important local laws, including updates on the Local Civil Rules and the District Judges' preferences. With each issue, we will also highlight a different, specific service we offer to all of our Special Appearance Attorney clients.

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About the Author

Inez de Ondarza Simmons

Exceptional Legal Services since 2005 Inez de Ondarza Simmons founded de Ondarza Simmons, PLLC, which handles civil litigation cases in Raleigh and throughout North Carolina in State and Federal courts, including Business and Real Estate Litigation Estate Planning Eminent Domain and Loca...


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