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S.D. Ohio Civ. R. 83.6

Student Practice Rule

activein force · 2024-10-21 – presentact-effective-date

(a) Compliance with Rule. A law student who is employed by or utilized by the Federal

Public Defender or the United States Attorney or their designees, or who is enrolled in

a law school clinical program, may participate as a legal intern in civil and non-felony

cases in this Court subject to his or her compliance with all of the requirements of this

Rule.

(b) Eligibility. To be eligible, a student must:

(1) Either

(A) Be certified by the Supreme Court of Ohio as a legal intern; or

(B) Be duly enrolled in a law school approved by the American Bar

Association and have completed at least two-thirds of the requirements

for graduation; and

(2) Have knowledge of the Federal Rules of Civil and Criminal Procedure, the Federal

Rules of Evidence, the Ohio Rules of Professional Conduct, and the Rules of this

Court;

(3) Be supervised by a supervising attorney as defined in paragraph (c) of this Rule;

(4) Be certified by the Dean of the law school where the student is enrolled or the

Dean’s designee as being of good character, sufficient legal ability, and adequate

training to fulfill the responsibilities of a legal intern to both the client and the Court;

(5) Be certified by the Chief District Judge or his/her designee to practice pursuant to

this Rule; and

(6) Decline personal compensation or remuneration of any kind for his or her legal

services other than expenses approved by the supervising attorney. Any application

by or on behalf of the supervising attorney for legal fees must itemize the services

performed and time spent by the legal intern.

(c) Supervising Attorney. A supervising attorney must be admitted to practice in this

Court and must:

(1) Either

(A) Have faculty or adjunct faculty status at a law school at which a portion

of the supervising attorney’s duties includes supervision of students in

a clinical program; or

(B) Be employed by the United States Attorney or the Federal Public

Defender and have the litigation experience and the time and ability to

supervise a legal intern. Any exception to the requirements of this Rule

must be approved by the Chief District Judge; and

(2) Be present with the student at all times in Court and at other proceedings in which

testimony is taken;

(3) Co-sign all pleadings or other documents filed with the Court and be responsible

for all filings made via the Court’s ECF system;

(4) Assume full personal and professional responsibility for the benefit of the

represented clients for a student’s guidance, for any work undertaken, and for the

quality of the student’s work, and be available for consultation with represented

clients;

(5) Assist and counsel the student in activities mentioned in paragraph (e) of this Rule

and review such activities with the student, all to the extent required for proper

practical training of the student and the protection of the client; and

(6) Supplement oral or written work of the student as necessary to ensure proper

representation of the client.

(d) Certification and Authorization

(1) Student. The student shall apply for certification to practice under this Rule by

filing a “Form for Designating Compliance with the Student Practice Rule for the

Southern District of Ohio.” Alternatively, if the student is a legal intern certified

by the Supreme Court of Ohio, a copy of that certification may be submitted.

This Court’s certification of a student to practice under this Rule shall be filed with

the Clerk and shall remain in effect for eighteen months. If the student passes the

State Bar Examination, then the certification shall continue until that student is

formally admitted to practice in this Court or until the eighteen months expires,

whichever occurs first. If the student fails the State Bar Examination, his or her

certification to appear in this Court shall expire immediately upon receipt of notice

of failure, and the student shall promptly notify this Court of the failure.

Certification to appear generally may be withdrawn by the Chief District Judge or

his/her designee in the discretion of the Chief District Judge or his/her designee and

without the need to show cause. In a particular case, the certificate may be

withdrawn by the presiding Judge in the discretion of that Judge and without the

need to show cause.

(2) Client and Supervising Attorney Authorization. The student must be authorized

to appear in each case in which he or she participates. A “Client and Supervising

Attorney Authorizations for Appearance by Law Student” form must be completed

and filed in each case.

(e) Activities. A certified student may, under the personal and direct supervision of his

or her supervising attorney:

(1) Represent any client in any civil, administrative, or non-felony criminal case if the

client on whose behalf the student is appearing has consented in writing to that

representation and the supervising attorney has given written approval of that

representation as set forth in paragraph (d)(2) of this Rule; the presiding Judge

retains, however, the authority to limit a student’s participation in any individual

case; and

(2) In connection with matters in this Court, engage in other activities on behalf of the

client under the general supervision of the supervising attorney; a student shall

make no binding commitments on behalf of a client, however, absent prior client

and supervising attorney approval. In any matters, including depositions, in which

testimony is taken, the supervising attorney must accompany the student. The

supervising attorney must read, approve, and co-sign any filings made by the

student. The Chief Judge or his/her designee and the presiding Judge retain the

authority to establish exceptions to such activities.

(3) Prior to oral participation by a certified student in a hearing or trial, the supervising

attorney shall provide the presiding Judge with a written statement of the

anticipated scope of the certified student’s participation.

(4) Because the supervising attorney is the attorney of record, no notice of withdrawal

shall be required to be filed by the law student.

Provenance

Source
www.ohsd.uscourts.gov
Retrieved
2026-09-18
Edition
fed-district-2026-09-18
Content hash
742820efaeabd9e5af8c9ddbcbfa67dd17bb245812db4b09e5cadea07ad2f538
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