9010-1

RULE 9010-1 ATTORNEYS ADMISSION TO PRACTICE, REPRESENTATION AND APPEARANCES [Modified 10/1/13]

 

(a) Admission to Practice. An attorney who is in good standing of the bar of the Supreme Court of Rhode Island and is admitted to practice in the United States District Court for the District of Rhode Island shall be deemed admitted to practice in this Court.

 

(b) Admission Pro Hac Vice. A member in good standing of the bar of any state and the bar of any other U.S. District Court may, upon motion, be permitted to argue or try a particular cause in whole or in part as counsel. Local Rule 204 of the Local Rules for the U.S. District Court, District of Rhode Island (as amended on March 17, 2008 and as may be further amended from time to time), see Appendix VI, and subdivisions (c) and (d)(1) below shall govern procedures for admission Pro Hac Vice in this Court.

 

(c) Local Counsel Not Required In Uncontested Matters. With the exception of representation as counsel to a debtor or trustee, an attorney may appear pro hac vice without a local attorney if the matter is uncontested. If, however, the matter is or becomes contested, then local counsel must enter an appearance at least seven (7) days before the scheduled hearing. An attorney who appears before the Court pursuant to this LBR agrees to observe and to be bound by the local rules and orders of this Court and the Rhode Island Rules of Professional Conduct.

 

(d) Representation:

 

(1) Motion for Admission Pro Hac Vice. An attorney who is not a member of the Bar of the United States District Court for the District of Rhode Island, but who is a member in good standing in every jurisdiction where the attorney has been admitted to practice and is not subject to pending disciplinary proceedings as a member of the Bar in any jurisdiction, and subject to the limitations above, may appear in this Court by leave of Court. The attorney shall file a Motion for Admission Pro Hac Vice, to appear before this Court, substantially similar to R.I.Bankr. Form T, and T.1 which Motion shall set forth the attorney's compliance with this LBR and Local Rule 204 of the U.S. District Court, along with the applicable filing fee. A separate Motion for Admission Pro Hac Vice, and the applicable filing fee, must be filed in each case in which the client is a party.

 

(2) Counsel Required/Pro Se Appearance. No person, other than an individual representing himself/herself, shall appear or practice before this Court except through representation of counsel.

 

(3) Filing Proofs of Claim/No Representation Required. A corporation, partnership or trust, by or through an officer, agent, or person authorized by a power of attorney, may file a proof of claim, an assignment or transfer of claim, a reaffirmation agreement or an application for payment of unclaimed funds due such entity, without representation of counsel. Otherwise, such entities shall appear only through counsel.

 

(4) No Entry of Appearance Required. An attorney need not obtain leave of Court to appear and practice in a particular case merely to file a request for service, a reaffirmation agreement, a proof of claim or an assignment or transfer of claim on behalf of a client. If however, any such filing shall later become contested or is otherwise scheduled for hearing, and the filing attorney is not admitted to practice in the United States District Court for the District of Rhode Island, then such attorney must obtain the permission of the court to appear in accordance with subsection (1) above.

 

(e) Appearances:

 

(1) Filing Constitutes Appearance. The filing of any pleading or other paper shall constitute an appearance in the case or proceeding in which the pleading or paper is filed by the attorney who signs it, unless the pleading or paper states otherwise.

 

(2) Request for Service of Papers. If an attorney wishes to receive copies of filed papers, the attorney must file a formal entry of appearance containing the attorney's name, bar identification number, firm name, mailing address and telephone and facsimile number of the person entering the appearance, specifically requesting to be so served, and a copy of such request must be served on the debtor's attorney, or debtor if pro se, the case trustee, and the local office of the United States trustee; otherwise, the attorney will receive only those papers that deal directly with said attorney's client, as required by the Federal Rules of Bankruptcy Procedure. With respect to notices and copies of orders served by the Court, the attorney will receive only those notices and orders that deal directly with said attorney's client as required by the Federal Rules of Bankruptcy Procedure, these LBRs or as otherwise ordered by the Court.

 

(3) Appearance List. The Clerk shall maintain a general appearance list in each case, which shall be available to any attorney upon request. The Clerk shall also maintain such list on the Court's electronic records system (PACER), to the extent technically possible.

 

(4) Withdrawal of Attorney.

 

(A) Leave of Court Not Required. An attorney representing a party may withdraw from a case or proceeding without leave of court by filing a Notice of Withdrawal with the Court, provided that:

 

(i) such notice is accompanied by a Notice of Appearance of other counsel;

(ii) there are no motions pending before the Court; and

(iii) no trial or hearing date has been scheduled

 

(B) Service of Notice of Withdrawal. The Notice of Withdrawal shall be served on:

 

(i) the client;

(ii) the local office of the United States trustee;

(iii) any trustee serving in the case;

(iv) in cases under chapter 11, any committee that has been appointed and is serving in the case under 11 U.S.C. § 1102, or upon counsel or the authorized agent for such committee;

(v) in adversary proceedings, all parties to the proceeding; and

(vi) all other persons or parties as the Court may require.

 

(C) Leave of Court Required. If any of the requirements contained in subparagraph (A) is lacking, a written motion for leave to withdraw, with service on the parties listed in subparagraph (B) is required. Until an order granting withdrawal is entered, counsel remains the attorney of record in the case or proceeding.