RULE 2.05 APPEARANCE BY LAW STUDENTS
(a) The purpose of this rule is to authorize, under certain circumstances, the appearance
of eligible law students in this Court as a means of providing assistance to lawyers who represent
clients unable to pay for such services, and to encourage participating law schools to provide
clinical instruction in the conduct of litigation in federal court.
(b) An eligible law student, as hereafter defined, may appear and be heard in this Court
on behalf of any person found by the Court to be indigent and who consents in writing to such
appearance. The written consent of the client and his or her attorney of record (the supervising
attorney) shall be filed in the case; and, absent excusal by the Court, all such appearances shall
be made in the presence of the supervising attorney. An eligible law student shall neither ask for
nor receive any compensation or remuneration of any kind for services rendered pursuant to this
rule, whether in court or out-of-court.
(c) In addition to appearance in Court, an eligible law student, having the written
consent of the client and the supervising attorney as provided in subsection (b) of this rule, may
engage in other activities outside the presence, but under the general supervision and direction of
the supervising attorney including preparation of pleadings, legal research and brief writing, and
preparation of discovery requests and responses. Any paper filed with the Court or served upon
the opposing party should reflect the name of the eligible law student, if any, who participated in
its preparation, and any such paper must be signed by the supervising attorney as counsel of
record. An eligible law student may also engage in the conduct of any informal discovery or
investigation authorized by the supervising attorney; may participate in reviewing and inspecting
discovery materials; and may participate in oral depositions (provided that the supervising attorney
shall be present at all depositions).
(d) An eligible law student is one who (1) is enrolled in a participating law school
accredited by the American Bar Association; (2) has completed legal studies amounting to at least
four semesters or six quarters for which the student has received not less than 48 semester hours
or 72 quarter hours of academic credit; (3) has read and is familiar with the Federal Rules of Civil
and Criminal Procedures, the Federal Rules of Evidence, the Code of Professional Responsibility
and the Rules of this Court; and (4) is certified by the Dean of the participating law school as being
of good character, competent legal ability, adequately trained to perform as a legal intern, and is
otherwise qualified under the terms of this rule.
(e) The certification of a student or students by the participating law school Dean shall
be filed with the Clerk and, unless sooner withdrawn, shall remain in effect for so long as the
student continues to be enrolled as an active student in the participating law school. Any
certification of a student may be withdrawn by the Dean at any time on notice to the Clerk without
statement of cause. Similarly, any certification of a student may be terminated by the Court at any
time on notice to the Dean without statement of cause.
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MOTIONS, DISCOVERY AND PRETRIAL PROCEEDINGS
RULE 3.01 MOTIONS; BRIEFS AND HEARINGS
(a) In a motion or other application for an order, the movant shall include a concise
statement of the precise relief requested, a statement of the basis for the request, and a
memorandum of legal authority in support of the request, all of which the movant shall include in
a single document not more than twenty-five (25) pages.
(b) Each party opposing a motion or application shall file within ten (10) days after
service of the motion or application a response that includes a memorandum of legal authority in
opposition to the request, all of which the respondent shall include in a document not more than
twenty (20) pages.
(c) No party shall file any reply or further memorandum directed to the motion or
response allowed in (a) and (b) unless the Court grants leave.
(d) A motion requesting leave to file either a motion in excess of twenty-five (25) pages,
a response in excess of twenty (20) pages, or a reply or further memorandum shall not exceed
three (3) pages, shall specify the length of the proposed filing, and shall not include, as an
attachment or otherwise, the proposed motion, response, reply, or other paper.
(e) Motions of an emergency nature may be considered and determined by the Court
at any time, in its discretion (see also, Rule 4.05). The unwarranted designation of a motion as an
emergency motion may result in the imposition of sanctions.
(f) All applications to the Court (i) requesting relief in any form, or (ii) citing authorities
or presenting argument with respect to any matter awaiting decision, shall be made in writing
(except as provided in Rule 7(b) of the Federal Rules of Civil Procedure) in accordance with this
rule and in appropriate form pursuant to Rule 1.05; and, unless invited or directed by the presiding
judge, shall not be addressed or presented to the Court in the form of a letter or the like. All
pleadings and papers to be filed shall be filed with the Clerk of the Court and not with the judge
thereof, except as provided by Rule 1.03(c) of these Rules.
(g) Before filing any motion in a civil case, except a motion for injunctive relief, for
judgment on the pleadings, for summary judgment, to dismiss or to permit maintenance of a class
action, to dismiss for failure to state a claim upon which relief can be granted, or to involuntarily
dismiss an action, the moving party shall confer with counsel for the opposing party in a good faith
effort to resolve the issues raised by the motion, and shall file with the motion a statement (1)
certifying that the moving counsel has conferred with opposing counsel and (2) stating whether
counsel agree on the resolution of the motion. A certification to the effect that opposing counsel was
unavailable for a conference before filing a motion is insufficient to satisfy the parties