Free Requirements for Student Practice - Federal

Office of the Clerk UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT 95 Seventh Street San Francisco, California 94103-1526 Post Office Box 193939 San Francisco, California 94119-3939
M olly C . D w yer C lerk of the C ourt (415) 355-8000

PROCEDURES FOR PARTICIPATION FOR LAW STUDENTS PURSUANT TO CIRCUIT RULE 46-4
REQUIREMENTS FOR STUDENT PRACTICE

1.

An eligible law student acting under the supervision of a member of the bar of this Court may appear on behalf of any client including federal, state or local government bodies, if the client has filed a written consent with the Court.

2.

An eligible student must: a. be enrolled and in good standing in an American Bar Associationapproved or state accredited law school, or be a recent graduate of such a school, awaiting the result of a state bar examination; have completed two-thirds of the legal studies required for graduation; have knowledge of and be familiar with the Federal Rules of Civil, Criminal and Appellate Procedure and Evidence; the Code of Professional Responsibility; and the rule of this Court; be certified by the dean of the law school as being adequately trained to fulfill all responsibilities as a legal intern to the Court in compliance with Sections 2(a), (b), and (c), hereof; not accept compensation for this legal service directly from a client; and file with the Clerk simultaneously all documents required to comply with Sections 1, 2(a), (b), (c), (d) and 3(b) of these procedures.

b. c.

d.

e. f.

Revised March 27, 2008

Requirements for Student Practice

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3.

The supervising attorney shall: a. be admitted to practice before the highest court of any state for three years or longer and have been admitted to practice before this Court, and have participated in at least three appellate arguments before a federal or state appellate court; file with the Clerk an undertaking to supervise the law student and to supervise no more than five students at any one time. The undertaking may be withdrawn by filing written notice with the Clerk; appear with the student in any oral presentations before this Court; sign all documents filed with this Court; assume personal, professional responsibility for the student's work in matters before this Court; assist and counsel the student in the preparation of the student's work in matters before this Court; and be responsible to supplement oral or written work of the student as necessary to ensure proper representation of the client. All written work will be filed over the signature of the supervising attorney.

b.

c. d. e.

f.

g.

4.

The dean's certification of the student: a. shall be filed with the Clerk of Court and unless sooner withdrawn shall remain in effect until publication of the results of the first bar examination following graduation; may be withdrawn by the court, in the discretion of the Court, and without cause shown; and may be withdrawn by the dean with notice to the court.
Revised March 27, 2008

b.

c.

Requirements for Student Practice

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5.

Upon fulfilling the requirements of this rule, the student may: a. assist in the preparation of briefs, motions and other documents pertaining to the case before this Court; and appear and make oral presentations before this Court when accompanied by the supervising attorney.

b.

6.

The Court retains the authority to establish exceptions to these procedures in any case.

Revised March 27, 2008