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US · rules

Fed. R. App. P. 46

Attorneys

activein force · 2024-12-01 – presentact-effective-date

(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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