US · rules
E.D.N.Y. Local Civil Rule 1.3
Admission to the Bar
(a) A member in good standing of the bar of the State of New York, or a member in
good standing of the bar of the United States District Court in Connecticut or
Vermont and of the bar of the State in which that district court is located, if that
district court by its rule extends a corresponding privilege to members of the bar of
the Southern or Eastern Districts of New York, may be admitted to practice in the
Southern or Eastern District of New York on compliance with the following
provisions:
(b) Each applicant for admission must file an application for admission in electronic
form and pay the required fee through the Public Access to Court Electronic
Records (PACER) system at www.pacer.gov. This one application will be utilized
both to admit and then to provide the applicant to the bar of this court with
electronic filing privileges for use on the court’s ECF system. The applicant must
adhere to all applicable rules of admission.
(c) The application for admission must state:
(1) applicant’s residence and office address;
(2) the date(s) when, and courts where, admitted;
(3) applicant’s legal training and experience;
(4) whether applicant has ever been held in contempt of court, and, if so, the
nature of the contempt and the final disposition thereof;
(5) whether applicant has ever been censured, suspended, disbarred, or denied
admission or readmission by any court, and, if so, the facts and circumstances
connected therewith;
(6) that applicant has read and is familiar with
(A) the provisions of the Judicial Code (Title 28, U.S.C.) concerning the
jurisdiction of, and practice in, the United States district courts;
(B) the Federal Rules of Civil Procedure;
(C) the Federal Rules of Criminal Procedure;
(D) the Federal Rules of Evidence;
(E) the Local Rules of the United States District Courts for the Southern and
Eastern Districts of New York; and
(F) the New York State Rules of Professional Conduct as adopted from time
to time by the Appellate Divisions of the State of New York; and
(7) that applicant will faithfully adhere to all rules applicable to applicant’s
conduct in connection with any activities in this court.
(d) The application must be accompanied by a certificate of the clerk of the court for
each of the states in which the applicant is a member of the bar, which has been
issued within 30 days of filing and states that the applicant is a member in good
standing of the bar of that state court. The application must also be accompanied
by an affidavit of an attorney of this court who has known the applicant for at least
one year, stating when the affiant was admitted to practice in this court, how long
and under what circumstances the attorney has known the applicant, and what the
attorney knows of the applicant's character and experience at the bar.
(e) Absent court order, the clerk will schedule a date for a hearing on the application,
and at the hearing, the attorney whose affidavit accompanied the application
must, for the Eastern District, and may, and is encouraged to, for the Southern
District, personally move the admission of the applicant. If the application is
granted, the applicant will take the oath of office.
(f) A member of the bar of the state of New York, Connecticut, or Vermont who has
been admitted to the bar of this court under this subsection, and who thereafter
voluntarily resigns from membership in the bar of the state under which he was
admitted to the bar of this court, and who does not within 30 days of that
voluntary resignation file an affidavit with the clerk of this court indicating that
such person remains eligible to be admitted to the bar of this court under other
provisions of this subsection (such as because he is still a member of the bar of
another eligible state and, where applicable, a corresponding district court), will be
deemed to have voluntarily resigned from the bar of this court as of the same date
the member resigned from the bar of the underlying state, but the resignation will
not be deemed to deprive this court of jurisdiction to impose discipline on this
person, in accordance with Rule 1.5 infra, for conduct preceding the date of the
resignation.
(g) A member in good standing of the bar of either the Southern or Eastern District
may be admitted to the bar of the other district without formal application
(1) upon electronically filing through the PACER website a certificate of the clerk
of the United States district court for the district in which the applicant is a
member of the bar, which has been issued within 30 days of filing and states
that the applicant is a member in good standing of the bar of that court;
(2) upon an affidavit by the applicant stating
(A) whether the applicant has ever been convicted of a felony,
(B) whether the applicant has ever been censured, suspended, disbarred, or
denied admission or readmission by any court,
(C) whether there are any disciplinary proceedings presently against the
applicant, and
(D) the facts and circumstances surrounding any affirmative responses to (a)
through (c); and
(3) upon taking the oath of office and paying the fee required in that district.
(h) Each district retains the right to deny admission based on the content of the
affidavit in response to item (b)(2).
(i) A member in good standing of the bar of any state or of any United States district
court may be permitted to argue or try a particular case in whole or in part as
counsel or advocate, upon motion as described below.
(j) After requesting pro hac vice electronic filing privileges through the PACER
website, applicants must electronically file a motion for admission pro hac vice on
the court’s ECF system and pay the required fee.
(k) The motion must be accompanied by a certificate of the court for each of the states
in which the applicant is a member of the bar that has been issued within 30 days
of filing and states that the applicant is a member in good standing of the bar of
that state court, and an affidavit by the applicant stating
(1) whether the applicant has ever been convicted of a felony,
(2) whether the applicant has ever been censured, suspended, disbarred, or
denied admission or readmission by any court,
(3) whether there are any disciplinary proceedings presently against the
applicant, and
(4) the facts and circumstances surrounding any affirmative responses to
(a) through (c);
(l) Attorneys appearing for the Department of Justice may appear before the court
without requesting pro hac vice admission. Those attorneys must request
electronic filing privileges through the PACER website. Attorneys appearing for
other federal agencies must move for pro hac vice admission, but the fee
requirement is waived, and the certificate(s) of good standing may must have been
issued within one year of filing. Only an attorney who has been so admitted or
who is a member of the bar of this court may enter appearances for parties, sign
stipulations, or receive payments on judgments, decrees, or orders.
If the office address of an attorney who is a member of the bar of this court, or who
has been authorized to appear in a case in this court, changes, the attorney must
immediately update the relevant information in the PACER system and serve and
file a notice of change of address in each pending case in which the attorney has
appeared.
For relevant historical context for this local rule, consult the Appendix of Committee Notes.
History
2011 COMMITTEE NOTE The Committee recommends that Local Civil Rule 1.3(c) be amended to clarify that a motion for admission pro hac vice may be made by the applicant and does not need to be made by a member of the Court’s bar. This is a logical corollary of the fact that the Southern and Eastern Districts no longer require that attorneys admitted pro hac vice be associated with local counsel who are members of the Court’s bar. 2013 COMMITTEE NOTE The amendments to Local Civil Rule 1.3(c) have two purposes. First, to conform the rule to local practice, i.e., to reflect the required fee for pro hac vice admission and the practice, mandated by 28 U.S.C. ' 517, of not requiring Department of Justice attorneys, who are not members of the bar of this Court, to be admitted pro hac vice before appearing. The second purpose of the rule is to make pro hac vice admission less onerous for other federal agency attorneys by waiving the fee requirement and easing the certificate of good standing requirement. It was the considered judgment of the Court that pro hac vice admission remains necessary to ensure recourse in the event of any violation of the rules of court. 2016 COMMITTEE NOTE A candidate for admission to the bar must respond to inquiries on the application regarding the candidate’s criminal and disciplinary history. The amendment requires that the same information be supplied in two circumstances not previously covered by the Rule: (1) an application for admission pro hac vice; and (2) the admission to a second district (whether the Southern or Eastern District of New York) upon the filing of a certificate of good standing from the first district (whether the Southern or Eastern District of New York) within 30 days of admission in the first district. In the latter circumstance, the amendment also provides that the second district may deny admission based upon the disclosed criminal and disciplinary history. 2018 COMMITTEE NOTE Local Rule 1.3 is revised solely to reflect the new process for electronically filing an application for admission and obtaining electronic filing privileges. 2024 COMMITTEE NOTE The Amendments eliminate outdated references to the “head of the calendar” and the signing of the roll. The paragraphs are also renumbered such that what had been part of paragraph (b) now stands alone as paragraph (c), which in turn now refers to paragraph (b)(2).
Provenance
- Source
- www.nyed.uscourts.gov
- Retrieved
- 2026-09-18
- Edition
- fed-district-2026-09-18
- Content hash
bc8e7c1f0c96f15979de754fdff6e6b9d3eca4aaa5e4d46395e09e51de7a0a74
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