US · rules
Fed. R. App. P. 46
Attorneys
(a) Admission to the Bar.
(1) Eligibility. An attorney is eligible for admission to the
bar of a court of appeals if that attorney is of good moral and
professional character and is admitted to practice before the
Supreme Court of the United States, the highest court of a
state, another United States court of appeals, or a United
States district court (including the district courts for Guam,
the Northern Mariana Islands, and the Virgin Islands).
(2) Application. An applicant must file an application for admission, on a form approved by the court that contains the applicant’s personal statement showing eligibility for membership. The applicant must subscribe to the following oath or affirmation:
‘‘I, llllllllllll, do solemnly swear [or affirm]
that I will conduct myself as an attorney and counselor of
this court, uprightly and according to law; and that I will
support the Constitution of the United States.’’
(3) Admission Procedures. On written or oral motion of a
member of the court’s bar, the court will act on the application. An applicant may be admitted by oral motion in open
court. But, unless the court orders otherwise, an applicant
need not appear before the court to be admitted. Upon admission, an applicant must pay the clerk the fee prescribed by
local rule or court order.
(b) Suspension or Disbarment.
(1) Standard. A member of the court’s bar is subject to suspension or disbarment by the court if the member:
(A) has been suspended or disbarred from practice in any
other court; or
(B) is guilty of conduct unbecoming a member of the
court’s bar.
(2) Procedure. The member must be given an opportunity to
show good cause, within the time prescribed by the court, why
the member should not be suspended or disbarred.
(3) Order. The court must enter an appropriate order after
the member responds and a hearing is held, if requested, or
after the time prescribed for a response expires, if no response
is made.
(c) Discipline. A court of appeals may discipline an attorney who
practices before it for conduct unbecoming a member of the bar or
for failure to comply with any court rule. First, however, the
court must afford the attorney reasonable notice, an opportunity
to show cause to the contrary, and, if requested, a hearing.
(As amended Mar. 10, 1986, eff. July 1, 1986; Apr. 24, 1998, eff. Dec.
1, 1998.)
Provenance
- Source
- uscourts.gov
- Retrieved
- 2026-08-19
- Edition
- 2026-08-19
- Content hash
4edc8f798fb2e945dddc08bd520c5a30db79da206dd1627674041e6ab5b84d78
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