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ATTORNEYS
(a) APPEARANCE BEFORE THE COURT
- (1)
- By Attorney. Except as set forth in this Rule, appearance before the court on behalf of a person or entity may be made only by an attorney admitted to the bar of, or permitted to practice before, the district court. Attorneys appearing before the court are required to have read the F.R.B.P. and the Local Bankruptcy Rules in their entirety.
- (2)
- Scope of Appearance. An attorney may appear before the court in a case:
- (A)
- Only for such matters as concern the administration of the case;
- (B)
- Only for 1 or more proceedings in the case; or
- (C)
- For the case and all proceedings in the case.
In chapter 9, 11, 12, and 13 cases, the attorney for the debtor is presumed to appear for the case and all proceedings in the case, unless otherwise ordered by the court.
- (3)
- Disclosure of Scope of Appearance in Chapter 7 Cases. In a chapter 7 case, the attorney for the debtor shall file a statement disclosing the scope of the attorney’s appearance on the date of the entry of the Order for Relief, or, if the attorney has not been employed by such date, then no later than the date of the first appearance made by the attorney.
- (4)
- Form of Statement. The statement required by Local Bankruptcy Rule 2090-1(a)(3) shall be on a form approved by the court and shall be signed by the debtor.
(b) PRO HAC VICE APPEARANCE
- (1)
- Permission for Pro Hac Vice Appearance. Any person who is not otherwise eligible for admission to practice before the 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 the court, may, upon written application and at the discretion of the court, be permitted to appear and participate pro hac vice in a particular case or in a particular proceeding in a case.
- (2)
- Disqualification from Pro Hac Vice Appearance. Unless authorized by the Constitution of the United States or Act 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.
- (3)
- Designation of Local Counsel. A person applying to appear pro hac vice is required to designate an attorney who is a member of the bar of the 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.
- (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 the court and who maintains an office within this district as co-counsel with authority to act as attorney of record for all purposes.
- (5)
- Obtaining Permission for Pro Hac Vice Appearance. Each applicant for permission to appear pro hac vice shall present to the clerk a written application on or conforming to court-approved form F 2090-1.2 (Application of Non-Resident Attorney to Appear in a Specific Case) and containing the following:
- (A)
- The applicant’s name, residence and office address.
- (B)
- The courts to which the applicant has been admitted to practice and the respective dates of admission.
- (C)
- A statement by the applicant of the good standing to practice before the courts to which the movant has been admitted.
- (D)
- Whether the applicant has been disciplined by any court or administrative body, and if disciplinary proceedings are pending, the details of such proceeding, and whether the applicant resigned while disciplinary proceedings were pending.
- (E)
- Whether in the 3 years preceding the application, the applicant has filed for permission to practice pro hac vice before any court within the state of California, together with the court, title and number of each such proceeding and the disposition of each such application.
- (F)
- A certificate that the applicant has read the Local Bankruptcy Rules, the F.R.B.P., the F.R.Civ.P., and the F.R.Evid., in their entirety.
- (G)
- The designation required by Local Bankruptcy Rule 2090-1(b)(3) or 2090-1(b)(4) including the office address, telephone number and written consent of the designee.
No notice or hearing is required on such applications.
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