N.D. R. Ltd. Practice of Law by Law Students II

A. An eligible law student may appear in any court or before any administrative tribunal in this state on behalf of any person if the person represented has consented in writing to the appearance, the supervising lawyer has approved of the appearance in writing and the judge or administrative tribunal before whom the appearance is to be made and other counsel of record have been given notice of the appearance, in the following matters:

1. Any civil matter. In a civil matter, the supervising lawyer is not required to be personally present in court.

2. Any criminal matter in which the defendant does not have the right to the assignment of counsel under any constitutional provision, statute, or rule of this court. In those cases, the supervising lawyer is not required to be personally present in court.

3. Any criminal matter in which the defendant has the right to the assignment of counsel under any constitutional provision, statute, or rule of this court. In those cases, the supervising lawyer must be personally present throughout the proceedings.

B. An eligible law student may also appear in any criminal matter on behalf of the state with the written approval of the prosecuting attorney who must be personally present throughout the proceeding and is fully responsible for the manner in which they are conducted.

C. In each case, the written consent and approval referred to the above must be filed in the record of the case and be brought to the attention of the judge of the court or the presiding officer of the administrative tribunal.