RULE 11.9. LIMITED REPRESENTATION
Effective Date: 3/1/2024
(a) Preparation of Pleadings. An attorney who complies with Rule 1.2 of the N.D. Rules of Prof. Conduct, may prepare pleadings, briefs, and other documents to be filed with the court by a self-represented party. The attorney's preparation of pleadings, briefs, or other documents does not constitute an appearance by the attorney in the case and no notice under Rule 11.9 (b)(2) is required. Any filing prepared under this paragraph must be signed by the party designated as “self-represented.”
(b) Limited Appearance.
(1) In General. An attorney who complies with Rule 1.2 of the N.D. Rules of Prof. Conduct may make a “limited appearance” on behalf of an otherwise self-represented party involved in a proceeding to which these rules apply.
(2) Notice. An attorney who makes a limited appearance on behalf of an otherwise self-represented party must serve a notice of limited appearance on each party involved in the matter. The notice must state precisely the scope of the limited appearance. An attorney who seeks to act beyond the stated scope of the limited appearance must serve an amended notice of limited appearance.
(3) Completion. Within 14 days of completing the limited appearance, the attorney must file a "Certificate of Completion of Limited Appearance" with the court. Copies of the certificate must be provided to the client and served upon opposing counsel or opposing party if unrepresented. After the filing, the attorney has no further obligation to represent the client. The filing of the certificate is considered to be the attorney's withdrawal of appearance and does not require court approval.
(c) Scope of Rule. The requirements of N.D.R.Civ.P. 11 apply to every pleading, written motion and other paper signed by an attorney acting within the scope of a limited representation.
Rule 11.9 was adopted, effective March 1, 2024.
This rule provides details on the services an attorney may perform while assisting an otherwise self-represented party on a limited basis. The content of this rule originally appeared in N.D.R.Civ.P. 11(e) and N.D.R.Ct. 11.2(d), which were amended effective March 1, 2009.
SOURCES: Joint Procedure Committee Minutes of January 12, 2023, page 3; September 29, 2022, pages 15-16; September 24-25, 2015, pages 2-11; April 23-24, 2015, pages 16-25; January 29-30, 2015, page 22; January 24, 2008, pages 2-7; October 11-12, 2007, pages 20-26.
CROSS REFERENCE: N.D.R.Civ.P. 5 (Service and Filing of Pleadings and Other Documents); N.D.R.Civ.P. 11. (Signing of Pleadings, Motions and Other Papers; Representations to Court; Sanctions); N.D.R.Ct. 11.2 (Withdrawal of Attorneys); N.D.R. Prof. Conduct 1.2 (Scope of Representation and Allocation of Authority Between Client and Lawyer); N.D.R. Prof. Conduct 1.5 (Fees).
| Effective Date | Obsolete Date | |
|---|---|---|
| 03/01/2024 | View |