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Rule 2.05 - Appearance by Law Students

(a) The purpose of this rule is to authorize, under certain circumstances, the appearance of eligible law students in this Court as a means of providing assistance to lawyers who represent clients unable to pay for such services, and to encourage participating law schools to provide clinical instruction in the conduct of litigation in federal court.

(b) An eligible law student, as hereafter defined, may appear and be heard in this Court on behalf of any person found by the Court to be indigent and who consents in writing to such appearance. The written consent of the client and his or her attorney of record (the supervising attorney) shall be filed in the case; and, absent excusal by the Court, all such appearances shall be made in the presence of the supervising attorney. An eligible law student shall neither ask for nor receive any compensation or remuneration of any kind for services rendered pursuant to this rule, whether in court or out-of-court.

(c) In addition to appearance in Court, an eligible law student, having the written consent of the client and the supervising attorney as provided in subsection (b) of this rule, may engage in other activities outside the presence, but under the general supervision and direction of the supervising attorney including preparation of pleadings, legal research and brief writing, and preparation of discovery requests and responses. Any paper filed with the Court or served upon the opposing party should reflect the name of the eligible law student, if any, who participated in its preparation, and any such paper must be signed by the supervising attorney as counsel of  record. An eligible law student may also engage in the conduct of any informal discovery or investigation authorized by the supervising attorney; may  participate in reviewing and inspecting discovery materials; and may participate in oral depositions (provided that the supervising attorney shall be present at all depositions).

(d) An eligible law student is one who:

(1) is enrolled in a participating law school accredited by the American Bar Association;

(2) has completed legal studies amounting to at least four semesters or six  quarters for which the student has received not less than 48 semester hours or 72 quarter hours of academic credit;

(3) has read and is familiar with the Federal Rules of Civil and Criminal Procedures, the Federal Rules of Evidence, the Code of Professional Responsibility and the Rules of this Court; and

(4) is certified by the Dean of the participating law school as being of good character, competent legal ability, adequately trained to perform as a legal intern, and is otherwise qualified under the terms of this rule.

(e) The certification of a student or students by the participating law school Dean shall be filed with the Clerk and, unless sooner withdrawn, shall remain in effect for so long as the student continues to be enrolled as an active student in the participating law school. Any certification of a student may be withdrawn by the Dean at any time on notice to the Clerk without statement of cause. Similarly, any certification of a student may be terminated by the Court at any time on notice to the Dean without statement of cause.