Publications - Attorney & Pro Se Handbook

 

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  1. Attorneys
    II. General Procedures

     

    1. Admission to Practice in the Northern District of Texas
      An attorney seeking admission to practice in the Northern District of Texas should refer to LR 83.7 and LCrR 57.7. General procedures for admission are outlined below.

      1. Procedure for Taking Oath in the Northern District
        An attorney must complete an Application for Admission to the Bar of the United States District Court for the Northern District of Texas if he or she will be taking the oath of admission in the Northern District. Be sure to list the attorney's name as it will appear on all documents he or she will be filing with the Court in item two on the form. Do not retype the form.

        Before submitting the application for approval, it must be signed by the applicant and notarized. In lieu of a notary public's signature, the applicant may request a deputy clerk sign the application prior to presentation to the district judge for approval. There is an additional fee of $9.00 for the deputy clerk's certification. (This fee will be collected with the application fee after the attorney has been sworn in.)

        The application must be approved by a district judge; then the attorney must be sworn in by a district judge, magistrate judge, or bankruptcy judge in the Northern District of Texas. If the attorney elects to be sworn in by a district judge, the approval and swearing in may take place during the same appointment. However, if the attorney chooses to be sworn in by either a magistrate judge or bankruptcy judge, the applicant must make appointments with a district judge to present the application for approval and a magistrate judge or bankruptcy judge to be sworn in. Another member of the bar of the Northern District of Texas who is willing to speak on the applicant's behalf must accompany the applicant to the swearing-in.

        After being sworn in, the attorney must hand-deliver the application and fee(s) to the United States District Clerk's Office. Make the check payable to "Clerk, U.S. District Court." (If the attorney is sworn in by a judge in the Abilene, San Angelo, or Wichita Falls divisions, the attorney may mail the form and fee to the Clerk's Office in the appropriate division.) The Clerk's Office will mail a Certificate of Admission to the attorney within one (1) week.

      2. Procedure for Taking Oath in Another District
        A nonresident attorney may, with the permission of a district judge in the Northern District of Texas, have the oath of admission administered by a district judge or magistrate judge in another district. To accomplish this, the attorney must obtain the Application for Admission to the Bar of the United States District Court for the Northern District of Texas (Oath to be Taken in Another District) from the Clerk's Office. The attorney must complete the Application, have it notarized, and return it to the District Clerk's Office in the appropriate division in the Northern District of Texas. Be sure to list the attorney's name as it will appear on all documents he or she will be filing with the Court. Do not retype the form. Do not send in the admission fee.

        After a district judge in the Northern District of Texas reviews the completed application and signs an order allowing the attorney to be sworn in, the District Clerk's Office will mail out a letter of instructions, an oath to be taken before a district judge or magistrate judge in another district, and a certified copy of the order allowing the attorney to be sworn in.

        The applying attorney is responsible for making arrangements to be sworn in by a judge in another district. The attorney has 90 days from the date of the order to return the executed oath to the District Clerk's Office, together with a check payable to Clerk, U.S. District Court. Should the executed oath and admission fee fail to be returned within 90 days, the application is void and it will be necessary to start the whole process over. On receipt of a timely submitted oath and fee, the District Clerk's Office will add the attorney's name to the attorney roll and mail a Certificate of Admission and a packet of information to the attorney.

    2. Taking Oath of Admission for Another District Court
      An attorney seeking admission to practice in another district must follow the admission procedures of that district. If the attorney wants a judge in the Northern District to administer the oath of admission for the other district, the attorney may make an appointment through the judge's chambers to be sworn in.

    3. Pro Hac Vice Appearances
      An attorney not admitted to practice in the Northern District may represent a party in proceedings in the Northern District only by permission of the presiding judge (see LR 83.9 and LCrR 57.9). This is known as admission pro hac vice. An exception has been granted for an attorney appearing on behalf of the United States or the Attorney General for the State of Texas (see LR 83.11 and LCrR 57.11).

      To seek permission of the presiding judge, the attorney must follow these steps: (a) complete the court approved pro hac vice form and (b) submit the form to the Clerk's Office in the division where the case is pending along with a $25.00 check payable to Clerk, U.S. District Court. (In the Dallas division, the Clerk's Office also accepts Visa and MasterCard.).

      The presiding judge will decide whether to grant permission to proceed pro hac vice. If permission is granted, it will be for one case only. An attorney must apply, pay the fee, and obtain permission from the presiding judge for each case in which the attorney wants to represent a party pro hac vice. An attorney appearing pro hac vice becomes subject to the rules of the Northern District of Texas.

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    1. Requirement of Local Counsel
      LR 83.10 and LCrR 57.10 require an attorney not residing or maintaining an office in the Northern District of Texas to designate local counsel (unless exempt by LR 83.11 or LCrR 57.11). A member of the bar of the Northern District of Texas who resides or maintains an office in the division where the suit is pending (or within 50 miles thereof) may serve as local counsel. Local counsel must be authorized to present and argue the client's position at any hearing called by the Court and to perform any duty required by the local rules of the Northern District of Texas.

    2. Certificate of Good Standing
      The Certificate of Good Standing verifies that an attorney is a member in good standing with the U.S. District Court for the Northern District of Texas. To obtain a Certificate of Good Standing, an attorney must submit a written request to the District Clerk's Office that states the attorney's full name, state bar number, and the date the attorney was admitted to practice in the Northern District of Texas, along with a check for $15.00 made payable to AClerk, United States District Court. The Clerk's Office will mail the Certificate of Good Standing within one week.

    3. Change of Address
      An attorney who changes a business name or address must, within thirty days, file notice of the change with the Clerk's Office on a Federal Bar Membership Update form (see LR 83.13 and LCrR 57.13). Failure to comply with this rule will result in court orders and judgments being sent to the old address. To update an e-mail address, submit an amended "Electronic Notice Consent" form.

    4. Electronic Notice System
      An attorney may receive notice of orders and judgments via electronic transmission in lieu of receiving paper copies by mail. There is no charge for this service. In most instances, electronic transmissions of the orders and judgments will be done within minutes of entry on the official court docket. The Clerk’s Office will receive notice immediately of electronic mail notices that are unable to be delivered. If the Clerk is unable to confirm receipt of an electronic notice, and alternate means of document notice will be arranged for with the attorney.

      To receive orders and judgments via electronic transmission, an attorney must (a) have an Internet e-mail account and (b) execute an Electronic Notice Consent Form and return it to the Clerk’s Office. The Clerk’s Office typically processes such requests within 72 hours of receipt. Be aware that an attorney’s e-mail address will appear on the public docket if the attorney receives orders and judgments by electronic transmission. Please review the Electronic Transmission of Notice Overview for more information.

  1. Fees of the United States District Court, Northern District of Texas
    Any check for a required fee should be made payable to "Clerk, United States District Court." For a complete listing of fees charged by the District Court, please refer to the Fee Schedule.
  1. Request for Reproduction of Documents
    1. Photocopies Made by the Clerk's Office
      The District Clerk's Office will copy up to fifteen pages for a fee of $0.50 per page. The requestor must pay for copies in advance. It is advisable for the requestor to first review a copy of the Court's docket sheet and identify all documents that need to be copied (by title and document number) and the number of pages of each document.

      General rules related to copy services are as follows:
      1. The Clerk's Office will immediately process requests made in person at the Clerk's Office.
      2. The Clerk's Office will process written requests for copies that are accompanied by proper payment within 48 hours of receipt of the request.
      3. The Clerk's Office cannot accept a request by phone.
      4. The Dallas division will accept a request by fax. A requester must complete the Copy Requests via Fax form.

        An attorney representing the United States government or its agencies or appointed pursuant to the Criminal Justice Act plan may obtain free copies from the Clerk's Office. An attorney representing a state or county agency must, however, pay all applicable charges.

    2. Copy Service Vendor
      The clerk's office has made arrangements with outside copy vendors in Dallas, Fort Worth, and Amarillo for copy requests that exceed fifteen pages. When the copy service vendor makes copies, the copies may be picked-up at the Clerk's Office or at the copy vendor's office. Also, the copy service vendor will deliver copies to locations within an established service area for an additional delivery fee. Contact the Clerk's Office in the division where the case file is located for specific information on the outside copy vendor.

    3. Self Service Copies
      An individual may print copies of imaged documents off a public terminal in any division of the Clerk's Office at a cost of $0.10 per page. Also, the Dallas and Fort Worth offices have coin and card operated copy machines in their lobbies for use by the public. A person may make copies on these machines at a cost of $0.25 per page.

    4. Certification Requests
      1. Certified Copies
        The Clerk's Office assesses a $9.00 fee per document for certified copies and a $0.50 copy fee for each page. Only the District Clerk is authorized to make certified copies.
      2. Apostille
        A person may prepare an Apostille for a country that is a party to the Hague Convention. See the most recent edition of the Martindale Hubbell International Law Digest, Selected International Conventions' section, for a listing of parties to the Hague Convention or visit the Hague Conference website at www.hcch.net. The District Clerk's Office will only execute an Apostille for a document filed in a case in its custody.

        For information concerning any other document to be used in a foreign country, visit the State Department website (www.state.gov/m/a/auth/) and look for the Authentication Division under the Bureau of Administration.

    5. Transcripts and Depositions
      An attorney should request a deposition or trial transcript through the appropriate court reporter. The Clerk's Office provides a listing of court reporters on its website (www.txnd.uscourts.gov) under Records Services, Procedures for Requesting Transcripts. Please click here to view an example of a transcript order form. This is a multi-part form, so do not use the sample. If a transcript has been filed in a case, you may obtain a copy from the District Clerk's Office for the established fee for photocopies.

    6. Closed Files
      The District Clerk's Office maintains each closed case file for a minimum of two years. In most cases, if a case has been closed for more than two years, the record has been transferred to the Federal Records Center (FRC) in Fort Worth.

      The FRC accepts copy requests by letter or fax. Members of the public may also visit the FRC to view or copy a file. You must obtain the FRC accession number, FRC location number, agency box number, case number, case style, and the city where the court is located before contacting the FRC. You may obtain this information from the District Clerk's Office where the case was closed.

      To schedule an appointment to view or copy a closed file, contact the FRC at the following address or telephone number: Federal Records Center, 501 Felix, Fort Worth, Texas 76115, 817/831-5620.

      You may request that a closed file or docket sheet be delivered from the FRC to one of the divisional offices for viewing or copying in that office. There is a $45.00 retrieval fee per file or docket sheet for this service. Any copying charges incurred are in addition to the $45.00 retrieval fee. Please click here for more information on FRC services.