Obsolete Date: 3/1/2000
A. An attorney admitted and licensed to practice law in another state or the District of Columbia, but not licensed in North Dakota, may occasionally be permitted to appear as counsel in a proceeding in a court of this state if the attorney:
1. complies with the requirements of Rule 11.1 of the North Dakota Rules of Court;
2. is not under any restriction or probation in the practice of law in any jurisdiction in which the attorney is licensed; and
3. has not been disbarred or is not currently under suspension from the courts of any state or the District of Columbia.
B. The nonresident attorney appearing in a North Dakota court under Rule 3.A. must report the date of each court appearance, the judge before whom the attorney appeared, and the case in which the attorney appeared to the Clerk of the Supreme Court within 30 days of each appearance.
Rule 3 was amended, effective March 1, 2005, to incorporate N.D.R.Ct. 11.1, with modifications, and provide for pro hac vice admission for all adjudicative proceedings and for registration of in-house counsel.
Section A(6) was added effective October 1, 2016, to provide for non-resident lawyers to participate in an alternative dispute resolution process under the filing requirements for pro hac vice admission.
This rule is not limited to an appearance in a North Dakota state court action.
Under this rule, an appearance is not limited to actual physical presence in a court action. A lawyer 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, administrative agency, or other tribunal.
Section A(2) of this rule requires a motion for permission to appear to be filed within 45 days of service of a pleading, motion, or other paper. If an action is commenced by service, a lawyer should be aware that the action must be filed before the lawyer moves for permission to appear. If the action settles before it is filed, a motion requesting permission to appear does not need to be filed.
New Section B was adopted, effective October 1, 2016, to provide procedures for pro hac vice admission of foreign lawyers.
Section B was amended and adopted as Section C, effective October 1, 2016, to include registration provisions applicable to foreign lawyers.
New Section E was adopted, effective October 1, 2016, to provide a definition related to pro hac vice admission and registration of foreign lawyers.
A lawyer seeking to take a deposition within the state of North Dakota for an action pending in another jurisdiction must comply with N.D.R. Prof. Conduct 5.5.
SOURCES: Joint Procedure Committee Minutes of May 6-7, 1999, pages 2-7; January 28-29, 1999, pages 13-16; November 7-8, 1991, page 6; October 25-26, 1990, page 19; June 21, 1984, pages 1-2 Joint Committee on Attorney Standards Minutes of June 24, 2003, pgs. 5-8; September 25, 2003, pgs. 2-8; November 14, 2003, pgs. 2-6; February 27, 2004, pgs. 3-5; and April 16, 2004, pgs. 1-6; June 13, 2012, pg.11 February 26, 2016; and April 29, 2016.
CROSS REFERENCE:N.D.R. Prof. Conduct 5.5.
SUPERSEDED: N.D.R. Ct. 11.1.