Rule 2090-1

Admission to Practice; Appearance Before the Court; Self-Represented Parties

(a)  Appearance by Attorney Admitted to Practice Before the District Court.

(1)  Attorney.  Only attorneys who are admitted to the Arizona State Bar and the District Court may appear before this Court, except as provided by this Rule. Unless ordered otherwise by the Court, counsel for the debtor is presumed to represent the debtor in all matters in the case except adversary proceedings.

(2)  Entities.  A non-individual entity must appear through counsel. 

(b)  Pro Hac Vice Appearance.

(1)  Disqualification from Pro Hac Vice Appearance.  Unless ordered otherwise, a nonresident attorney is ineligible for permission to appear pro hac vice if the applicant: 

(A)  Resides in Arizona; 

(B)  Is regularly employed in Arizona; or

(C)  Is regularly engaged in the practice of law in Arizona.

(2)  Permission for Pro Hac Vice Appearance by Nonresident Attorney.  An attorney who is not a member of the bar of the District Court but who is a member in good standing of the bar of another United States District Court may, upon application and Court order, be permitted to appear and participate in a particular case. 

(3)  Designation of Local Counsel.  Unless ordered otherwise, a nonresident attorney applying to appear pro hac vice must designate an attorney who is admitted to practice before this Court and maintains an office within this district as local counsel with whom the Court and parties may readily communicate regarding the case and upon whom documents may be served. The Court may require local counsel to appear at hearings.

(4)  Contents of Pro Hac Vice Application.  A nonresident attorney applying to appear pro hac vice must file an application signed under penalty of perjury and signed by designated local counsel stating:

 (A)  The attorney’s principal office address, telephone number, facsimile number, email address, and city and state of principal residence;

 (B)  The courts that the attorney has been admitted to practice and the dates of admission;

 (C)  That the attorney is in good standing and eligible to practice in those courts;

 (D)  That the attorney is not currently suspended, disbarred or subject to disciplinary proceedings in any court;

 (E)  Whether the attorney has within three (3) years preceding the application date made any other application in this District that was denied, including the case name and number; and

 (F)  That the attorney is subject to the jurisdiction of this Court.

(c)  Attorneys for the United States or Another State.  An attorney who is ineligible for admission under District Court L.R.Civ. 83.1 or paragraph (b)(1), who is a member in good standing and eligible to practice before the bar of any state, territory or insular possession of the United States, may be granted leave to practice in the Court in any matter for any period during which such person is employed or retained by the United States or any other State or their agencies.

(d) Student Practice.  Notwithstanding paragraph (a) above, a student enrolled in an American Bar Association accredited law school may represent parties in bankruptcy matters or proceedings, and may appear on behalf of such parties, upon compliance with District Court L.R.Civ. 83.4 “Student Practice Rule”, subject to the following modifications:

(1)  The requirements of District Court L.R.Civ. 83.4(b)(3) include the FRBP, the Local Rules, and the General Orders of this Court; and 

(2)  The consent form required by District Court L.R.Civ. 83.4(f)(5) must be filed with the Clerk of the Bankruptcy Court under the caption of the case in which the student intends to appear.

(e) Self-Represented Parties.  Only individuals may represent themselves, with the exception of creditors filing proofs of claim and motions seeking to obtain funds deposited in the Registry of the Court. Individuals representing themselves are responsible for performing all duties imposed on counsel by the Code, the FRBP, the Local Rules, and applicable federal and state law. A self-represented individual may be sanctioned for failure to comply with bankruptcy law and rules of procedure.

 


Notes 2018:  Language simplified and pro hac vice procedures updated.  Federal and state government attorneys are excepted from this rule’s requirements.

 

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