11th Cir. R. 46-6

(a) Filings from an Attorney Who Is Not Authorized to Practice Before this Court.

(1) Subject to the provisions of this rule, the clerk may conditionally file the following

papers received from an attorney who is not authorized to practice before this court, unless the

attorney has been suspended or disbarred from practice before this court or has been denied

admission to the bar of this court:

• a petition or application that initiates a proceeding in this court;

• an emergency motion as described in 11th Cir. R. 27-1(b);

• a motion or petition that is treated by the clerk as “time sensitive” as that term

is used in 11th Cir. R. 27-1(b).

(2) Upon filing the petition, application, or motion, the clerk will notify the attorney

that in order to participate in the appeal the attorney must submit an appropriate application for

admission, renewal form, or application to appear pro hac vice within 21 days from the date of such

notice.

(3) Within the 21-day notice period, the clerk may conditionally file motions and

other papers received from the attorney, subject to receipt of an appropriate application or renewal

form within that period. At the expiration of the 21-day notice period, if an appropriate application

or renewal form has not been received, the motions and other papers may be clerically stricken and

treated as though they were never filed. The clerk may stay further proceedings in the appeal for 60

days, if necessary, to allow the attorney’s client to seek new counsel.

(4) When an appropriate application is received within the 21-day notice period, the

clerk may continue to conditionally file motions and other papers received from the attorney, subject

to the court’s approval of the attorney’s application or renewal form. If the attorney’s application

or renewal is denied, the motions and other papers may be clerically stricken and treated as though

they were never filed. The clerk may stay further proceedings in the appeal for 60 days, if necessary,

to allow the attorney’s client to seek new counsel.

(b) Filings from an Attorney Who Has Not Filed an Appearance of Counsel Form Within 14

Days After Notice is Mailed by the Clerk. When an attorney fails to file a required Appearance of

Counsel Form within 14 days after notice of that requirement is mailed by the clerk, the clerk may

not accept any further filings (except for a brief) from the attorney until the attorney files an

Appearance of Counsel Form. When an attorney who has not filed an Appearance of Counsel Form

tenders a brief for filing, the clerk will treat the failure to file an Appearance of Counsel Form as a

deficiency in the form of the brief. An Appearance of Counsel Form need not be accompanied by

a motion to file out of time.

11th Cir. R. 46-7 Active Membership in Good Standing with State Bar Required to Practice;

Changes in Status of Bar Membership Must Be Reported. In addition to the requirements of FRAP

46 and the corresponding circuit rules, and Addendum Eight, an attorney may not practice before this

court if the attorney is not an active member in good standing with a state bar or the bar of the

highest court of a state, or the District of Columbia (hereinafter, “state bar”). When an attorney’s

active membership in good standing with a state bar lapses for any reason, including but not limited

to retirement, placement in inactive status, failure to pay bar membership fees, or failure to complete

continuing education requirements, the attorney must notify the clerk of this court within 14 days.

That notification must also list every other state bar and federal bar of which the attorney is a

member, including state bar numbers and the attorney’s status with that bar (e.g., active, inactive,

retired, etc.). Members of the Eleventh Circuit bar have a continuing obligation to provide such

notification, and attorneys appearing pro hac vice in a particular case or appeal must provide such

notification while that case or appeal is pending. Upon receipt of that notification, the court may

take any action it deems appropriate, including placing the attorney’s bar membership in inactive

status until the attorney provides documentation of active membership in good standing with a state

bar.