RULE 11.1 NONRESIDENT ATTORNEYS
(a) Filing Requirements.
AnA nonresident attorney admitted and licenced to practice law in a foreign jurisdiction, but not licensed to practice law in the state of North Dakota, may appear in a North Dakota state trial court proceeding only if the attorney first:
(A) designates an associate attorney admitted and licensed to practice law in this state;
(B) files a motion requesting permission and an affidavit in support of the motion with the clerk of the trial court;
(C) files a copy of the motion with the State Bar Board at the same time the motion and affidavit are filed with the clerk of the trial court;
(D) either remits a $100 fee to the State Bar Board or certifies the attorney has paid a $100 fee to the State Bar Board during that calendar year; and
(E) obtains permission from the court.
(2) In the affidavit in support of the motion requesting permission to appear in a North Dakota state court proceeding, the nonresident attorney must state:
(A) whether the attorney is presently subject to a public disciplinary proceeding;
(B) whether the attorney is under any restriction or probation in the practice of law in any jurisdiction in which the attorney is licensed;
(C) whether the attorney is now or has ever been suspended or disbarred from a court in any jurisdiction
(D) the number of actions in which the nonresident attorney has appeared in a North Dakota state court proceeding during the prior three years.
(3) The requirements of paragraph (2) and (3) of this subdivision also apply to a nonresident attorney who signs or is designated as counsel on a pleading, motion, or other paper, except the attorney does not need to first file the motion and obtain permission from the court. The motion requesting permission to appear must be filed no later than 45 days after service of the pleading, motion, or other paper.
(b) Names and Appearances. The name and address of the associate attorney must be shown on all papers served and filed. The associate attorney shall appear personally and, unless excused by the court, remain in attendance with the nonresident attorney in all appearances before the court.
(c) Use of Fees. All fees collected by the State Bar Board under this rule must be remitted on a quarterly basis to the State Bar Association and used to fund the attorney disciplinary system.
(d) Frequency of Appearances. A separate order granting permission is required for each action in which a nonresident attorney appears in a North Dakota state court proceeding. A nonresident attorney may only be permitted to appear in an occasional action.
(1) If a nonresident attorney wants to appear in a proceeding before a North Dakota appellate court, and the attorney obtained permission to appear in a proceeding involving the same action in a North Dakota state trial court, the attorney only needs to file an updated affidavit with the Clerk of the Supreme Court. No additional filing fee is required to be remitted to the State Bar Board;
(2) If a nonresident attorney wants to appear in a proceeding before a North Dakota appellate court, and the attorney did not obtain permission to appear in a proceeding involving the same action in a North Dakota state trial court, the attorney shall file a motion and affidavit with the Clerk of the Supreme Court requesting permission to appear. The motion, affidavit, and filing fee must be submitted as otherwise provided in subdivision (a).
Rule 11.1 was amended, effective _______________, to provide specific filing and fee requirements; and amended, effective March 1, 1992, to provide that an associate attorney need not be a North Dakota resident.
Under N.D.R.Ct. 11.1, an appearance is not limited to actual physical presence in a court proceeding. An attorney also makes an appearance by signing or otherwise being designated as counsel on a pleading, motion, or other paper served or filed in an action venued in a North Dakota state court.
A nonresident attorney should be aware that to move for permission to appear, the action will have to be filed. If the action settles before the action is filed, a motion requesting permission to appear does not need to be filed.
An attorney does not need to request permission to take a deposition within the state of North Dakota for an action pending in another jurisdiction if only a subpoena is requested.
N.D.R.Ct. 11.1 is limited to an appearance in a North Dakota state trial court proceeding. The rule does not address administrative proceedings or the unauthorized practice of law. See N.D.C.C. § 27-11-01; Admission to Practice R. 3; N.D.R. Prof. Conduct 5.5.
SOURCES: Procedure Committee Minutes of ____________________; November 7-8, 1991, page 6; October 25-26, 1990, page 19; June 21, 1984, pages 1-2.
Rule 2, Admission to Practice R. 3; N.D.R. Prof. Conduct 5.5.