RULE 11.1 NONRESIDENT ATTORNEYS NOT LICENSED IN NORTH DAKOTA

Obsolete Date: 3/1/2005

(a) Filing Requirements.

(1) A nonresident 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 trial court of this state if the attorney:

(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 Board of Law Examiners 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 Board of Law Examiners or certifies the attorney has paid a $100 fee to the State Board of Law Examiners during that calendar year, or is licensed in a jurisdiction that permits a North Dakota licensed attorney to appear without payment of a fee; 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 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; and

(D) the number of actions in which the attorney has appeared in a North Dakota state court proceeding during the prior three years.

(3) The requirements of paragraph (1) and (2) of this subdivision also apply to an 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 attorney in all appearances before the court.

(c) Use of Fees. All fees collected by the State Board of Law Examiners 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 an attorney appears in a North Dakota state court proceeding.

(e) Appeal.

(1) If an 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 Board of Law Examiners.

(2) If an 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).