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Central District of California U.S.D.C.

Local Rules
Rule Name:Chapter:
F.R.Civ.P. 83-2 Attorneys - Admission, Substitution and Withdrawal, Communications With CourtChapter I: (Includes prior Chapter IV: Student Practice Rules and Chapter VII: Attorney Disciplinary Rules of the Court)

F.R.Civ.P. 83. Rules by District Courts; Judge's Directives

L.R. 83-2 Attorneys - Admission, Substitution and Withdrawal, Communications With Court

L.R. 83-2.1 Appearance Before the Court . An appearance before the Court on behalf of another party or a class may be made only by an attorney admitted to the Bar of or permitted to practice before this Court.

L.R. 83-2.2 Admission to Practice

L.R. 83-2.2.1 In General . Admission to and continuing membership in the Bar of this Court is limited to persons of good moral character who are active members in good standing of the State Bar of California.

L.R. 83-2.2.2 Familiarity with Federal Rules . An applicant (including a pro hac vice applicant) for admission to practice before this Court shall certify the applicant's familiarity with the Local Rules, the Local Criminal Rules, the F.R.Civ.P., the F.R.Crim.P., and the F.R.Evid.

L.R. 83-2.3 Pro Hac Vice Appearance

L.R. 83-2.3.1 Permission to Appear Pro Hac Vice . Any person who is not otherwise eligible for admission to practice before this Court, but who is a member in good standing of, and eligible to practice before, the bar of any United States Court, or of the highest court of any State, Territory or Insular Possession of the United States, who is of good moral character, and who has been retained to appear before this Court, may, upon written application and in the discretion of the Court, be permitted to appear and participate pro hac vice in a particular case.

L.R. 83-2.3.2 Disqualification from Pro Hac Vice Appearance . Unless authorized by the Constitution of the United States or Acts of Congress, an applicant is not eligible for permission to practice pro hac vice if the applicant:

(a) Resides in California; or

(b) Is regularly employed in California; or

(c) Is regularly engaged in business, professional, or other similar activities in California.

L.R. 83-2.3.3 Designation of Local Counsel . The person seeking to appear pro hac vice is required to designate an attorney who is a member of the Bar of this Court and who maintains an office within this District as local counsel with whom the Court and opposing counsel may readily communicate regarding the conduct of the case and upon whom papers may be served, unless otherwise ordered by the Court.

L.R. 83-2.3.4 Designation of Co-Counsel . A judge to whom a case is assigned may, in the exercise of discretion, require the designation of an attorney who is a member of the Bar of this Court and who maintains an office within the District as co-counsel with authority to act as attorney of record for all purposes.

L.R. 83-2.4 Attorneys for the United States, or its Departments or Agencies . Any person who is not eligible for admission under L.R. 83-2.2.1 or 83-2.3, employed within this state and who is a member in good standing of, and eligible to practice before, the bar of any United States Court, or of the highest court of any State, Territory or Insular Possession of the United States, and who is of good moral character, may be granted leave of court to practice in this Court in any matter for which such person is employed or retained by the United States, or its departments or agencies. The application for such permission shall include a certification filed with the Clerk showing that the applicant has applied to take the next succeeding Bar Examination for admission to the State Bar of California for which that applicant is eligible.

L.R. 83-2.5 Professional Corporations and Unincorporated Law Firms

L.R. 83-2.5.1 Appearance . No appearance may be made and no pleadings or other documents may be signed in the name of any professional law corporation or unincorporated law firm (both hereinafter referred to as "law firm") except by an attorney admitted to the Bar of or permitted to practice before this Court.

L.R. 83-2.5.2 Form of Appearance . A law firm may appear in the following form of designation or its equivalent:

John Smith
A Member of Smith and Jones, P.C.
Attorneys for Plaintiff

L.R. 83-2.6 Jurisdiction of Court . Any attorney who appears for any purpose submits to the discipline of this Court in all respects pertaining to the conduct of the litigation.

L.R. 83-2.7 Notification of Attorney Change of Name, Address, Firm Association, Telephone Number, Facsimile Number or E-Mail Address . An attorney who is a member of the bar of this Court, or who has been authorized to appear in a case in this Court, and who changes his or her name, office address (or residence address if no office is maintained), law firm association, telephone number, facsimile number or e-mail address, shall, within fourteen (14) days of the change, notify the Clerk of Court. If any actions are currently pending, the attorney shall file and serve a copy of the notice upon all opposing parties.

L.R. 83-2.8 Procedure for Admission

L.R. 83-2.8.1 Admission to the Bar of This Court . Each applicant for admission to the Bar of this Court shall fill out and present to the Clerk an Application for Admission to the Bar of the Central District of California.

L.R. 83-2.8.2 Pro Hac Vice Appearance . Each applicant for permission to appear pro hac vice shall fill out and present to the Clerk an Application of Non-Resident Attorney to Appear in a Specific Case and pay the applicable fee.

L.R. 83-2.8.3 Fees . Each applicant admitted to practice shall pay to the Clerk the admission fee prescribed by the Judicial Conference of the United States and such other fees as may from time to time be required by General Order of this Court. Any additional fee shall be credited by the Clerk to the Attorneys' Admission Fund.

L.R. 83-2.9 Withdrawal and Substitution of Attorneys

L.R. 83-2.9.1 Appearance by Attorney . Whenever a party has appeared by an attorney, the party may not thereafter appear or act pro se, except upon order made by the Court after notice to such attorney and to any other parties who have appeared in the action.

L.R. 83-2.9.2 Substitution of Attorney

L.R. 83-2.9.2.1 Motion for Withdrawal . An attorney may not withdraw as counsel except by leave of court. An application for leave to withdraw must be made upon written notice given reasonably in advance to the client and to all other parties who have appeared in the action.

L.R. 83-2.9.2.2 Individuals . When an attorney of record for any reason ceases to act for a party, such party shall appear pro se or appoint another attorney by a written substitution of attorney signed by the party and the attorneys.

L.R. 83-2.9.2.3 Corporation or Unincorporated Associations . An attorney requesting leave to withdraw from representation of a corporation or unincorporated association shall give written notice to the corporation or unincorporated association of the consequences of its inability to appear pro se. "Unincorporated association," as used in L.R. 83-2.9 and 83-2.10, shall include a partnership.

L.R. 83-2.9.2.4 Delays by Substitution of Attorneys . Unless good cause is shown and the ends of justice require, no substitution or relief of attorney will be approved that will cause delay in prosecution of the case to completion.

L.R. 83-2.10 Persons Appearing Without an Attorney - Pro Se Litigants

L.R. 83-2.10.1 Corporation, Unincorporated Association, Partnership or Trust . A corporation including a limited liability corporation, a partnership including a limited liability partnership, an unincorporated association, or a trust may not appear in any action or proceeding pro se.

L.R. 83-2.10.2 Individuals . Any person representing himself or herself without an attorney must appear pro se for such purpose. That representation may not be delegated to any other person, including a spouse, parent or other relative, nor to any other party on the same side who is not represented by an attorney. A non-attorney guardian for a minor or an incompetent person must be represented by counsel.

L.R. 83-2.10.3 Compliance With Federal Rules . Any person appearing pro se will be required to comply with these Local Rules, and with the F.R.Civ.P., F.R.Crim.P., F.R.Evid. and F.R.App.P.

L.R. 83-2.10.4 Sanctions . Failure to comply with the rules enumerated in L.R. 83-2.10.3 may be ground for dismissal or judgment by default.

L.R. 83-2.11 Communications With the Judge . Attorneys or parties to any action or proceeding shall refrain from writing letters to the judge, making telephone calls to chambers, or otherwise communicating with a judge in a pending matter unless opposing counsel is present. All matters shall be called to a judge's attention by appropriate application or motion filed in compliance with these Local Rules.