Rule 81. Attorneys
(a) Attorneys Eligible To Practice. Only attorneys who are members of the bar of this court and who comply with these rules may enter an appearance, file pleadings, and practice in this court. All attorneys who were members in good standing of the bar of the United States Court of Claims are eligible to practice herein. As to the requirement for signing all papers, see Rule 81(d)(2).
(b) Admission to Practice. (1) Qualifications; Oath. Any person of good moral character who has been admitted to practice in the Supreme Court of the United States, or the highest court of any state, territory, possession, or the District of Columbia, or the United States Court of Appeals for the Federal Circuit and is in good standing therein, may be admitted to practice in this court upon oral motion or by verified application, as provided in this rule, and upon taking or subscribing to the following oath:
I, __________, do solemnly swear (or affirm) that I will support the Constitution of the United States and that I will demean myself in an upright manner as an attorney of this court, so help me God.
(2) Upon Oral Motion. (A) In Washington, D.C.: An oral motion for admission may be made by a member of the bar of this court before any judge, and the judge or the clerk shall administer the oath; (B) Outside Washington, D.C.: An oral motion for admission may be made by a member of the bar of this court before a judge outside Washington, D.C., who shall administer the oath. As a preliminary to the motion, the attorney who moves the admission shall submit to the judge the appropriate form obtained from the judge and completed by the applicant. In the absence of an oral motion for admission in conformity with this subdivision, the applicant may advise the judge of the applicant's qualifications as set forth in subdivision (b)(1) of this rule. Upon consideration thereof, and upon representation by the attorney that such attorney will promptly apply to the clerk for admission by verified application as provided in subdivision (b)(3) of this rule, the judge may permit the applicant to participate in the particular proceeding.
(3) By Verified Application. Without need for appearing in person, admission may be made upon presentation to the clerk of a verified application form, which may be obtained from the clerk, showing that the applicant is possessed of the qualifications described in subdivision (b)(1) of this rule. The application shall be accompanied by: (A) a certificate of a judge or of the clerk of any of the courts specified in subdivision (b)(1) of this rule that the applicant is a member of the bar of such court and is in good standing therein; (B) two letters or signed statements of members of the bar of this court or of the Supreme Court of the United States, not related to the applicant, stating that the applicant is personally known to them, that the applicant possesses all the qualifications required for admission to the bar of this court, that they have examined the applicant's application, and that they affirm that the applicant's personal and professional character and standing are good; and (C) an oath in the form prescribed in subdivision (b)(1) of this rule, signed by the applicant and administered by an officer authorized to administer oaths in the state, territory, possession, or the District of Columbia, where the oath is administered, or as permitted by 28 U.S.C. §1746.
(4) Fee for Admission. Unless the applicant is an attorney representing the United States before this court, an admission fee as provided for in Rule 77(k)(2) shall be paid in advance in cash or by check payable to "Clerk, United States Court of Federal Claims."
(5) Admission of Foreign Attorneys. An attorney, barrister, or advocate who is qualified to practice in the highest court of any foreign state may be specially admitted for purposes limited to a particular case. Such attorney, barrister or advocate shall not, however, be authorized to act as attorney of record. In the case of such applicants, the oath shall not be required and there shall be no fee. Such admission shall be only on written motion of a member of the bar of this court, filed with the clerk at least 3 days prior to the consideration of the motion by the court.
(c) Disbarment. Superseded by Appendix F effective May 7, 1984.
(d) Attorneys of Record. (1) One for Each Party. There shall be but one attorney of record for a party in any case at any one time, and such attorney of record shall be an individual (and not a firm) who has been admitted to practice before this court. Any other attorneys assisting the attorney of record shall be designated as of counsel.
(2) Authorization To Sign Filings. Any other attorney who is a member of the bar of this court and who is a member or is an employee of the law firm listed as of counsel; agency; or department of the attorney of record may sign any filing in the attorney of record's name. An attorney who signs the name of the attorney of record shall so indicate by adding following the name of the attorney of record: "by [the signing attorney's own name]." Authorization to sign filings shall not relieve the attorney of record from the provisions of Rule 11.
(3) Appearance. For parties other than the United States, the attorney of record shall include on the initial pleading or paper said attorney's name, address, and telephone number. For the United States the attorney who is to appear as the attorney of record shall file with the clerk and serve on all other parties a notice of appearance setting forth the identical information. The attorneys of record for all parties shall promptly file with the clerk and serve on all other parties a notice of any change in address.
(4) Change by Parties Other than the United States. A party other than the United States may by leave of court on motion change the party's attorney at any time. The motion may be signed by said party in person or by the newly designated attorney accompanied by an affidavit of appointment executed by such attorney. If the consent of the previous attorney of record is annexed to or endorsed on the motion, substitution shall be accomplished by an appropriate entry on the docket by the clerk. When the motion is not thus shown to have the consent of the previous attorney, such attorney shall be served with the motion, and shall have 14 days to show cause why the motion should not be allowed.
(5) Change by the United States. A new notice of appearance shall be filed and served on all parties by the United States whenever a case is reassigned to another attorney.
(6) Withdrawal of Attorney. No attorney of record for a plaintiff or a third party may withdraw such attorney's appearance except by leave of the court on motion and after notice is served on such attorney's client.
(7) Death of Attorney. If the attorney of record dies, a suggestion of such attorney's death shall be made, and a motion to substitute another attorney admitted to practice before this court may be made by the plaintiff.
(8) Pro Se. An individual may represent oneself or a member of one's immediate family as a party before the court. Any other party, however, must be represented by an attorney who is admitted to practice in this court. A corporation may only be represented by counsel. The terms counsel or attorney in these rules shall include pro se litigants.
(e) Application for Attorneys' Fees and Expenses. (1) Applications. Applications for fees and expenses shall be filed with the clerk within 30 days after final judgment, as defined in 28 U.S.C. §2412(d)(2)(G) for the payment of money, or for the dismissal of the complaint, or of a final order in a renegotiation case determining the amount, if any, of excessive profits, or of a declaratory judgment pursuant to 28 U.S.C. §§1491 or 1507. Any application subject to 28 U.S.C. §2412(d) shall include the information required by that section and any claim for fees and expenses incurred in the prosecution of the application, and shall include the completed form as shown in Appendix E to these rules. The application and supporting statements shall be under oath. Each item shall be separately stated and supported.
(2) Response and Reply. The responding party shall have 28 days from the service of an application pursuant to subdivision (e)(1) of this rule to file a response, to which plaintiff may reply within 14 days after service of the response.
(3) Proceedings. After the filing of an application, and response and reply, if any, the judge will enter an order prescribing the procedure to be followed, either specially or pursuant to the rules of the court, or take such other action as may be deemed appropriate.
(As amended Dec. 4, 1992.)
General Order No. 5
To assure that motions for admission to the bar of the court are heard on a regular basis, it is ordered as follows:
(1) Motions for admission will be heard every Thursday which is not a legal holiday as defined by RUSCC 6(a).
(2) Applicants for admission must appear in the clerk's office no later than 9:30 a.m. to pay the admission fee and fill out the necessary papers. See RUSCC 81(b).
(3) Motions will be heard promptly at 10:00 a.m. in Courtroom No. 4, Room 501, National Courts Building, 717 Madison Place, N.W., Washington, D.C. 20005.
December 20, 1982
By the Court
Chief Judge