RULE 11.1 NONRESIDENT ATTORNEYS
An attorney admitted and licensed to practice in a foreign state or country, but not licensed to practice in North Dakota, may appear in a proceeding in a court of this state if the attorney first designates an associate attorney admitted and licensed to practice law in this state. The name and address of the associate attorney must be shown on all pleadings. The associate attorney must appear personally and, unless excused by the court, remain in attendance with the nonresident attorney in all appearances before the court.
(a) Filing Requirements.
(1) An 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) remits a $100 filing fee to the State Bar Board; 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) the attorney is not presently the subject of a public disciplinary proceeding;
(B) the attorney is not under any restriction or probation in the practice of law in any jurisdiction in which the attorney is licensed; and
(C) the attorney has not been suspended or disbarred from a court in any jurisdiction.
(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 filing 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 case in which a nonresident attorney appears in a North Dakota state court proceeding.
(e) Appeal.
(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 case 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 case 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).
EXPLANATORY NOTE
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.
SOURCES: Procedure Committee Minutes of ____________________; November 7-8, 1991, page 6; October 25-26, 1990, page 19; June 21, 1984, pages 1-2.
CROSS REFERENCE: Rule 2 3, Admission to Practice Rules.