(a) SCOPE AND CONSTRUCTION.
These Rules govern all proceedings in the United States District Court for the District of Columbia. These Rules supplement the Federal Rules of Civil and Criminal Procedure and shall be construed in harmony therewith.
(b) PUBLICATION OF AMENDMENTS.
Any amendment to these Rules shall be published in The Daily Washington Law Reporter before its adoption. The notice shall state that the proposed amendment will be adopted unless modified or withdrawn after receiving comments from organized bar associations, members of the bar, and the public. Such comments shall be submitted in writing within 45 days of publication to the Chairman of the Advisory Committee on District Court Rules. If the Court determines there is an immediate need for a particular local rule or amendment to an existing local rule, it may proceed without public notice and opportunity for comment, but the Court shall promptly thereafter afford such notice and opportunity for comment.
COMMENT TO RULE 101: Same as former Rule 1-1, rewritten for brevity. In subsection (b), the phrase "is unnecessary" is substituted for tile phrase "would serve no useful purpose.
COMMENT TO RULE 101(b) AS AMENDED 10/10/90: This amendment brings the rule in compliance with 28 U.S.C. § 2071(e) which permits the Court to dispense with notice and comment if the Court "determines that there is an immediate need for a [local] rule" and if the Court "promptly thereafter afford[s] such notice and opportunity for comment."
(a) OFFICE HOURS.
The office of the Clerk shall remain open for the transaction of business from 9:00 A.M. until 4:30 P.M.1 daily except Saturdays, Sundays and legal holidays. Papers, except for sealed material, that must be filed on a given date may be delivered after 4:30 P.M. to the security desk at the John Marshall Park entrance to the courthouse. Papers found to be in compliance with these Rules will be filed as of the date they were delivered to the security desk. Documents that are being filed under seal pursuant to a protective order must be filed in the Clerk's Office during business hours because the Security Officers are not authorized to accept this material.
(b) REMOVAL OF RECORDS.
No original paper, document or record in any case shall be removed from its place of filing or custody, except under the following conditions:
COMMENT TO RULE 102: Based on former Rule 1-3. The references to "dockets and records" and "notation of date of filing" have been deleted as unnecessary, since they simply describe operations of the Clerk's Office. The last two sentences of section (a) are added to reflect the existing practice allowing filings to be made after 4:00 p.m. at the John Marshall entrance.
The taking of photographs and operation of tape recorders inside the United States Courthouse and radio or television broadcasting from inside the courthouse during the progress of or in connection with judicial proceedings, including proceedings before a United States Magistrate Judge, whether or not Court is actually in session, are prohibited. A judge may, however, permit (1) the use of electronic or photographic means for the presentation of evidence or the perpetuation of a record, and (2) the broadcasting, televising, recording, or photographing of investitive, ceremonial, or naturalization proceedings. Contents of official tapes that are made as part of the record in a case will be treated in the same manner as official stenographic notes.
COMMENT TO RULE 103: Same as former Rule 1-27(b). The remainder of the former "Free Press-Fair Trial" rule, which is applicable only to criminal proceedings, is contained in new Rules 307 and 308.
(a) PRACTICE BY MEMBERS OF THE BAR OF THIS COURT.
An attorney who is a member in good standing of the bar of this Court may appear, file papers and practice in this Court, provided that the attorney complies with section (b) of this Rule.
(b) APPEARANCE AS SOLE OR LEAD COUNSEL IN A CONTESTED EVIDENTIARY HEARING OR TRIAL ON THE MERITS.
Each attorney who acts as sole or lead counsel in any contested evidentiary hearing or trial on the merits, civil or criminal, must have on file with the Clerk's Office a certificate, in a form prescribed by the Clerk, that the attorney
(c) PRACTICE BY NON-MEMBERS OF THE BAR OF THIS COURT.
An attorney who is a member in good standing of the bar of any United States Court or of the highest court of any State, but who is not a member of the bar of this Court, may file papers in this Court only if such attorney joins of record a member in good standing of the bar of this Court. All papers submitted by non-members of the bar of this Court must be signed by such counsel and by a member of the bar of this Court joined in compliance with this Rule.
(d) PARTICIPATION BY NON-MEMBERS OF THIS COURT'S BAR IN COURT PROCEEDINGS.
An attorney who is not a member of the bar of this Court may be heard in open court only by permission of the judge to whom the case is assigned.
(e) ATTORNEYS EMPLOYED BY THE UNITED STATES.
An attorney who is employed or retained by the United States or one of its agencies may appear, file papers and practice in this Court in cases in which the United States or the agency is a party, irrespective of (c) and (d) above.
(f) ATTORNEYS EMPLOYED BY A STATE.
A State Attorney General or that official's designee, who is a member in good standing of the bar of the highest court in any State or of any United States Court, may appear and represent the State or any agency thereof, irrespective of (c) and (d) above.
(g) ATTORNEYS REPRESENTING INDIGENTS.
Notwithstanding (c) and (d) above, an attorney who is a member in good standing of the District of Columbia Bar or who is a member in good standing of the bar of any United States Court or of the highest court of any State may appear, file papers and practice in any case handled without a fee on behalf of indigents under Local Rule 702 upon filing a certificate that the attorney is providing representation without compensation.
(h) ENTRY AND WITHDRAWAL OF APPEARANCE.
Attorneys may enter and withdraw appearances in civil actions as provided in Rule 201 of these Rules, and in criminal actions as provided in Rule 301 of these Rules.
(i) STRIKING APPEARANCE FOR NONATTENDANCE AT COURT PROCEEDINGS.
The Court may, upon notice and after affording an opportunity to be heard, strike the appearance of any attorney in a particular case for failure, without adequate cause, to attend any hearing, conference or other proceeding. The fact that an attorney's residence or office is located at a place distant from the District of Columbia does not constitute grounds for rescheduling or failing to attend Court proceedings.
Except by permission of the Court only one attorney on each side shall examine a witness, address the Court on a question arising in a trial, or address the Court or jury in final argument.
COMMENT TO RULE 105: Former Rule 1-18 has been rewritten for clarity and brevity without change in substance.
(a) PLACE AND MANNER OF FILING.
All papers relating to pending action shall be filed with the Clerk unless otherwise directed by the Court.
(b) CORRESPONDENCE WITH COURT.
Except when requested by a judge, correspondence shall not be directed by the parties or their attorneys to a judge, nor shall papers be left with or mailed to a judge for filing.
(c) NUMBER OF COPIES.
The original and one copy of every pleading, motion or other paper shall be filed with the Clerk.
(d) ELECTRONIC TRANSMISSION.
No pleading, motion or other document shall be transmitted to the Clerk for filing by means of electronic facsimile transmission except with express leave of Court.
(e) NAME AND ADDRESS OF PARTIES AND ATTORNEYS.
The first filing by or on behalf of a party shall have in the caption the name and full residence address of the party. Where a person is sued in an official capacity, the person's official address shall be used. If the party is appearing pro se, the caption shall also include the party's telephone number. All papers signed by an attorney shall contain the name, address, telephone number, and bar identification number of the attorney. Notice of a change in address or telephone number of an attorney or a party not represented by an attorney must be filed within 10 days of the change. Unless changed by notice filed with the Clerk, the address and telephone number of a party or an attorney noted on the first filing shall be conclusively taken as the last known address and telephone number of the party or attorney.
(f) FORM OF PAPERS.
All papers shall be typed (double spaced) or reproduced by any duplicating or copying process that produces a clear black image on opaque white paper 11 inches long and 8-1/2 inches wide, unfolded, without back or cover, fastened at the top. Every paper shall contain a heading under the caption describing the nature of the pleading, motion or other paper. Papers should also be punched at the top with two holes, 2 3/4 inches apart and 3/8 inch from the top, to facilitate insertion in the file jacket. The case number on every paper shall be followed by the initials of the judge to whom the case has been assigned. If the case has been referred to a magistrate judge, the magistrate judge's initials shall also be shown. All exhibits or attachments to papers should reflect the number of the case in which they are filed.
(g) ATTACHMENTS TO PLEADINGS.
No complaint, amended complaint, counterclaim, cross-claim or third party complaint shall have appended thereto any document that is not essential to determination of the action. Whenever any such pleading is sought to be filed with an attached document, the Clerk shall bring this rule to the attention of the person filing the pleading.
(h) VERIFICATION.
Whenever any matter is required or permitted by law or by rule to be supported by the sworn written statement of a person (other than a deposition, oath of office, or oath required to be taken before a specified official other than a notary public), the matter may, with the same force and effect, be supported by the unsworn declaration, certificate, verification, or statement, in writing of such person which is subscribed as true under penalty of perjury, and dated, in substantially the following form:
(i) NONCONFORMING PAPERS.
A paper that does not conform to the requirements of this Rule and Rule 10(a) of the Federal Rules of Civil Procedure shall not be accepted for filing.
COMMENT TO RULE 106: Based on former Rule 1-5. Paragraph (a) has been changed to delete the triplicate filing in criminal cases (a provision ignored in recent years). Paragraph (b) is added to prohibit correspondence by parties and attorneys with a judge unless requested by the judge. Paragraph (e) is amended to require the attorney's D.C. Bar identification number (or where appropriate the Maryland Bar identification number) on all filings, a requirement necessary to facilitate the impending computerization of the Clerk's Office records. Also deleted from former Rule 1-5 as unnecessary are (1) a provision directing the Clerk to make required copies in pro se cases; (2) the "except in an emergency" qualification to the prohibition against filing papers with a judge, which is unnecessary in view of the provision "unless otherwise directed by the Court"; and (3) the former paragraph applicable to estates of veterans, which are no longer in this Court's jurisdiction. Identifying on each paper the judge to whom the case is assigned and the magistrate judge to whom the case is referred will speed up the processing of papers by the Clerk's Office (106(f)). A number of other U.S. District Courts have similar rules.
COMMENT TO RULE 106(d): This is a new rule. Rule 5 of the Federal Rules of Civil Procedure was amended effective December 1, 1991 to allow district courts to enact local rules permitting filing of papers by facsimile. These amendments provide, however, that such local rules may be adopted only if "authorized by and consistent with standards established by the Judicial Conference of the United States." The Conference has concluded that routine filing by facsimile at this time would place an undue administrative and resource burden on the courts. This Rule precludes such filing absent express leave of Court.
(a) NONFILING OF DISCOVERY MATERIALS.
Except as otherwise provided by this Rule, interrogatories, depositions, requests for documents, requests for admissions, and answers and responses thereto shall be served upon other counsel and parties but shall not be filed with the Clerk except upon order of the Court as required below. The party responsible for service of the discovery material shall retain the original and become its custodian and, with respect to depositions, the deposing party shall retain the original deposition and become its custodian and shall make it available for inspection by any party to the action upon request. The Court may in its discretion order that all or any portion of discovery materials in a particular case be filed with the Clerk.
(b) FILING OF DISCOVERY MATERIALS WITH MOTIONS AND AT TRIAL.
Any motion concerning discovery matters shall be accompanied by a copy of, or shall set forth verbatim, the relevant portion of any nonfiled discovery materials to which the motion is addressed. Discovery materials may be used and filed as exhibits or evidence in support of any motion or at a trial or evidentiary hearing in accordance with the Federal Rules of Evidence.
(c) FILING FOR PURPOSE OF APPEAL.
When discovery materials not previously in the record are needed for the purpose of an appeal, they may be filed with the Clerk by stipulation of counsel or upon application to and order of the Court.
COMMENT TO RULE 107: Due to the considerable costs to the parties of furnishing discovery material and the serious problems encountered with storage, this Court is amending Local Rule 107(a). The amendment does not change the current practice or procedure of the Court. The present rule requires that unless the judge assigned to the case enters a nonfiling of discovery order, discovery material is filed with the Court. Since a majority of judges on the Court presently enter orders for the nonfiling of discovery, the new rule would require the filing of discovery material only if an order is entered by the judge assigned to the case directing the filing of discovery material.
Nothing in this Rule precludes a party or other interested person from requesting, of the judge assigned, that discovery materials be filed with the Clerk of Court in a particular case.
(a) STATEMENT OF POINTS AND AUTHORITIES.
Each motion shall include or be accompanied by a statement of the specific points of law and authority that support the motion, including where appropriate a concise statement of facts. If a table of cases is provided, counsel shall place asterisks in the margin to the left of those cases or authorities on which counsel chiefly relies.
(b) OPPOSING POINTS AND AUTHORITIES.
Within 11 days of the date of service or at such other time as the Court may direct, an opposing party shall serve and file a memorandum of points and authorities in opposition to the motion. If such a memorandum is not filed within the prescribed time, the Court may treat the motion as conceded.
(c) PROPOSED ORDER. Each motion and opposition shall be accompanied by a proposed order.
(d) REPLY MEMORANDUM.
Within five days after service of the memorandum in opposition, the moving party may serve and file a reply memorandum.
(e) PAGE LIMITATIONS.
A memorandum of points and authorities in support of or in opposition to a motion shall not exceed 45 pages and a reply memorandum shall not exceed 25 pages, without prior approval of the Court. Documents that fail to comply with this provision shall not be filed by the Clerk.
(f) ORAL HEARINGS.
A party may in a motion or opposition request an oral hearing, but its allowance shall be within the discretion of the Court. If at the time of the hearing the moving party fails to appear, the Court may treat the motion as withdrawn; if the opposing party fails to appear, the Court may treat the motion as conceded.
(g) MOTIONS TO VACATE DEFAULT; VERIFIED ANSWER.
A motion to vacate an entry of default, or a judgment by default, or both, shall be accompanied by a verified answer presenting a defense sufficient to bar the claim in whole or in part.
(h) MOTIONS FOR SUMMARY JUDGMENT.
Each motion for summary judgment shall be accompanied by a statement of material facts as to which the moving party contends there is no genuine issue, which shall include references to the parts of the record relied on to support the statement. An opposition to such a motion shall be accompanied by a separate concise statement of genuine issues setting forth all material facts as to which it is contended there exists a genuine issue necessary to be litigated, which shall include references to the parts of the record relied on to support the statement. Each such motion and opposition must also contain or be accompanied by a memorandum of points and authorities required by sections (a) and (c) of this Rule. In determining a motion for summary judgment, the Court may assume that facts identified by the moving party in its statement of material facts are admitted, unless such a fact is controverted in the statement of genuine issues filed in opposition to the motion.
(i) MOTIONS TO AMEND PLEADINGS.
A motion for leave to file an amended pleading shall be accompanied by an original of the proposed pleading as amended. The amended pleading shall be deemed to have been filed and served by mail on the date on which the order granting the motion is entered.
(j) MOTION TO INTERVENE.
A motion to intervene as a party pursuant to Rule 24(c), Federal Rules of Civil Procedure, shall be accompanied by an original of the pleading setting forth the claim or defense for which intervention is sought. The pleading shall be deemed to have been filed and served by mail on the date on which the order granting the motion is entered.
(k) NAMES OF PERSONS TO BE SERVED WITH PROPOSED ORDERS, JUDGMENTS AND STIPULATIONS.
Each proposed order, judgment and stipulation shall have appended to it or endorsed upon it a list of the names and addresses of all attorneys entitled to be notified of its entry. If a party is not represented by an attorney, the name and address of the party shall be included.
(l) TIME FOR FILING DISPOSITIVE MOTIONS.
A dispositive motion in a civil action shall be filed sufficiently in advance of the pretrial conference that it may be fully briefed and ruled on before the conference.
(m) DUTY OF COUNSEL TO CONFER ON NONDISPOSITIVE MOTIONS.
Before filing any nondispositive motion in a civil action, counsel shall discuss the anticipated motion with opposing counsel, either in person or by telephone, in a good-faith effort to determine whether there is any opposition to the relief sought and, if there is opposition, to narrow the areas of disagreement. A party shall include in its motion a statement that the required discussion occurred, and a statement as to whether the motion is opposed.
COMMENT TO RULE 108: Subsections (1) and (m) to Rule 108 are new. They implement Section 6(C) and (D) of the Civil Justice Expense and Delay Reduction Plan. The statement that a conference has been held, and the result of the conference, may be made either in the body of the motion or in a separate certificate of counsel.
In all civil, agency, or criminal cases where a corporation is a party or intervenor, counsel of record for that party or intervenor shall file a certificate listing any parent, subsidiary or affiliate of that party or intervenor which, to the knowledge of counsel, has any outstanding securities in the hands of the public. Such certificate shall be filed at the time the party's first pleading is filed. The purpose of this certificate is to enable the judges of this Court to determine the need for recusal. Counsel shall have the continuing obligation to advise the Court of any change. The form of the certificate is:
"Number and Title of Case"
Certificate required by Rule 109 of the Local Rules of the United States District Court for the District of Columbia:
I, the undersigned, counsel of record for _____________________, certify that to the best of my knowledge and belief, the following are parent companies, subsidiaries or affiliates of ____________________ which have any outstanding securities in the hands of the public.
(Here list all such parent companies, subsidiaries and affiliates of the corporation.)
These representations are made in order that judges of this Court may determine the need for recusal.
Attorney of Record for _________________________________
COMMENT TO RULE 109: This proposed rule is based on former proposed Rule 1-5A, which was proposed for comment in 1983 but was withdrawn for revision when the Court of Appeals adopted revisions in its similar rule. The rule as proposed parallels the Court of Appeals' current rule.
Proof of service of papers required or permitted to be served, other than those for which a different method of proof is prescribed by the Federal Rules of Civil Procedure or by statute, shall be filed with such papers. The proof shall show the date and manner of service, and may be by certificate of an attorney of record or other proof satisfactory to the Court. Failure to make proof of service does not affect the validity of service. The Court may at any time allow the proof to be amended or supplied, unless to do so would unfairly prejudice a party.
COMMENT TO RULE 110: Former Rule 1-7 has been rewritten for clarity and brevity without substantive change.
(a) SCHEDULING.
All hearings, conferences and trials shall be scheduled by the judge to whom the case is assigned, except that matters referred to a magistrate judge shall be scheduled by the magistrate judge.
(b) CONTINUANCES.
No application for a continuance of a hearing, conference or trial shall be made unless notice of the application has been given to all other parties. An application for a continuance shall be ruled upon by the judge or magistrate judge before whom the hearing, conference or trial is to be held.
(c) NOTICE.
The Clerk shall give notice to counsel of every matter set by the Court, unless the matter is scheduled orally in open court in the presence of counsel for all parties, in which case further notice is not required. All scheduling orders pursuant to Rule 16(b), Federal Rules of Civil Procedure, must be in writing .
COMMENT TO RULE 111: This Rule is the same as former Rule 3-10, except that references to the Senior Judge Pool are deleted and, at the suggestion of the Administrative Office of the U.S. Courts, a proviso is added to paragraph (c) making clear that Rule 16(b) scheduling orders must be in writing. Rule 111(c) has been rewritten for clarity without change in substance.
A stipulation need not be considered by the Court unless it is in writing and signed by the parties thereto or their attorneys, or stenographically recorded in Court or during a deposition.
COMMENT TO RULE 112: Same as former Rule 1-8, except that the word "considered" is substituted for the word "accepted" to make clear that a judge need not accept a stipulation even where it is in writing or stenographically recorded.
A notice relating to a proceeding that requires publication shall be published in The Daily Washington Law Reporter for the time fixed by statute or directed by the Court, in addition to any newspaper or periodical specifically designated by the Court. Publication shall be proved by affidavit of an officer or agent of the publisher, stating the dates of publication with an attached copy of the notice as published.
COMMENT TO RULE 113: Former Rule 1-22 has been rewritten for clarity and brevity without change in substance.
(a) SELECTION AND ASSIGNMENT.
Grand and petit jurors shall be selected at random in accordance with a plan adopted by the Court and available from the Jury Office. Petit jurors shall be assigned to a single jury pool and reassigned for service upon the requisition of each trial judge.
(b) NOTIFICATION OF SETTLEMENT IN CIVIL JURY CASES.
Whenever any civil action scheduled for jury trial is settled or otherwise resolved by the parties after the final pretrial conference, counsel shall notify the Clerk of the resolution of the action promptly and no later than one business day prior to the day on which the trial is scheduled to commence. In the event that the action is resolved by the parties less than one business day prior to the scheduled trial date, counsel shall notify the Clerk as soon as practicable after resolution of the action. The Court may assess against the settling parties any juror costs incurred if the parties fail to provide notification as set forth in this Rule, unless good cause for such failure is shown. Any such costs shall be assessed equally among the settling parties unless otherwise ordered by the Court.
COMMENT TO RULE 114: This Rule is intended to address situations where the parties resolve a civil action shortly before a scheduled jury trial. While the Court continues to encourage the settlement of cases, budgetary constraints require that increased attention be paid to jury utilization practices. This Rule requires the parties to notify the Clerk of any resolution as soon as possible in order to avoid the unnecessary cost to the Court as well as the inconvenience to jurors that result when jurors are required to appear for a case that will not go forward as scheduled. To the extent available, the Clerk in this situation should be the Deputy Clerk assigned to the presiding judge. The rule authorizes the Court to assess juror costs against the parties for a violation of the rule.
(a) DURING TRIAL.
No party, attorney for a party, or person acting on behalf of a party or attorney, shall communicate directly or indirectly with a juror or an excused juror or a member of a juror's, or an excused juror's, family during the trial.
(b) AFTER TRIAL.
After a verdict is rendered or a mistrial is declared but before the jury is discharged, an attorney or party may request leave of Court to speak with members of the jury after their discharge. Upon receiving such a request, the Court shall inform the jury that no juror is required to speak to anyone but that a juror may do so if the juror wishes. If no request to speak with jurors is made before discharge of the jury, no party or attorney shall speak with a juror concerning the case except when permitted by the Court for good cause shown in writing. The Court may grant permission to speak with a juror upon such conditions as it deems appropriate, including but not limited to a requirement that the juror be examined only in the presence of the Court.
COMMENT TO RULE 115: Present Rule 1-28 allows an attorney to talk to jurors if a request is made before they are discharged, but if the request is made after discharge, the rule requires any communications to be made in the presence of the Court. The new rule gives the Court greater flexibility by stating that where the request to converse with jurors is made after their discharge, the Court may impose such conditions as it deems appropriate.
Any bond or undertaking required in a proceeding must be set by an order or by consent. The bond or undertaking may be in the form of a surety, cash or check. A surety holding authority from the Secretary of the Treasury to do business in the District of Columbia and having an agent for service of process therein may be approved by the Clerk and filed. In all other cases, the person seeking approval of the bond shall serve on all parties to be secured two days written notice of the application, stating the name and address of the surety. Court approval is required. No officer of the Court or member of the bar in active practice will be accepted as a surety.
COMMENT TO RULE 116: This Rule combines the provisions of former Rule 1-10(b), authorizing the Clerk to approve certain bonds, and former Rule 1-23 requiring approval by the Court in other instances upon application and two days' notice. Minor amendments were made in the prior rule for clarity and to reflect current practice.
(a) ACTIVITIES.
A law student certified pursuant to this Rule may:
(b) STUDENT, PROGRAM AND SUPERVISOR REQUIREMENTS.
(i) Be a law student in good standing, enrolled in and attending a law school approved by the American Bar Association;
(ii) Have completed at least four semesters of legal studies, or the equivalent;
(iii) Have knowledge of the Federal Rules of Civil and Criminal Procedure, Evidence, and the Code of Professional Responsibility;
(iv) Be enrolled for credit in a law school clinical program which has been certified by this Court;
(v) Be certified by the dean of the law school, or the dean's designee, as being of good character and sufficient legal ability, and as being adequately trained, in accordance with paragraphs i-iv above, to fulfill the responsibilities as a legal intern to both the client and the Court;
(vi) Be certified by this Court to practice pursuant to this Rule;
(vii) Neither ask for nor receive any fee or compensation of any kind from the client on whose behalf service is rendered, nor under the Criminal Justice Act, under this Rule; but this shall not prevent a lawyer, legal aid bureau, law school, public defender agency or the government from paying compensation 10 the eligible law student nor shall it prevent any agency from making such charges for its services as it may otherwise properly require.
(i) Must be a law school clinical practice program for credit, in which a law student obtains academic and practice advocacy training, utilizing attorneys certified by the dean of the law school for practice supervision;
(ii) Must be certified by this Court;
(iii) Must be conducted in such a manner as not to conflict with normal Court schedules;
(iv) May accept compensation other than from a client such as Criminal Justice Act (CJA) payments; (v) Must maintain malpractice insurance for its activities.
(i) Be a member in good standing of the bar of this Court;
(ii)
(a) Have faculty or adjunct faculty status at the responsible law school and be certified by the dean of the law school as being of good character and sufficient legal ability and as being adequately trained to fulfill the responsibilities of a supervisor; or(b) Be a member of the bar of this Court for at least two years, who after the certification by the dean of the law school as being of good character and adequately trained to fulfill the responsibilities of a supervisor, is determined by the Court to be competent to carry out the role of supervising attorney;
(iii) Be certified by this Court as a student supervisor;
(iv) Be present with the student at all times in Court, and at other proceedings in which testimony is taken;
(v) Co-sign all pleadings or other documents filed with the Court;
(vi) Supervise concurrently no more than 10 students carrying clinical practice as their entire academic program, with a proportionate increase in the number of students as their percentage of time devoted to clinical practice may be less;
(vii) Assume full personal professional responsibility for student's guidance in any work undertaken and for the quality of a student's work, and be available for consultation with represented clients;
(viii) Assist and counsel the student in activities mentioned in this Rule, and review such activities with the student, all to the extent required for the proper practical training of the student and the protection of the client;
(ix) Be responsible to supplement oral or written work of the student as necessary to ensure proper representation of the client
(c) CERTIFICATION OF STUDENT, PROGRAM AND SUPERVISOR.
(i) Certification by the law school dean and approval by the Court shall be filed with the Clerk, and unless it is sooner withdrawn, shall remain in effect until expiration of 18 months;
(ii) Certification to appear in a particular case may be withdrawn by the Court at any time, in the discretion of the Court, and without any showing of cause.
(i) Certification of a program by the Court shall be filed with the Clerk and shall remain in effect indefinitely unless withdrawn by the Court;
(ii) Certification of a program may be withdrawn by the Court at the end of any academic year without cause, or at any time, provided notice stating the cause for such withdrawal is furnished to the law school dean and supervisor.
(i) Certification of a supervisor must be filed with the Clerk, and shall remain in effect indefinitely unless withdrawn by the Court;
(ii) Certification of a supervisor may be withdrawn by the Court at the end of any academic year without cause, or at any time upon notice and a showing of cause;
(iii) Certification of a supervisor may be withdrawn by the dean by mailing a notice to that effect to the Clerk.
COMMENT TO RULE 117: Same as former Rule 1-32, with minor changes in style.
The following provisions, which implement the "Procedures for Avoiding and Resolving Conflicts in Engagements of Counsel to Appear Before the Courts in the District of Columbia" dated April 18, 1973, adopted by and applicable to the United States Court of Appeals for the District of Columbia Circuit, the United States District Court for the District of Columbia, the District of Columbia Court of Appeals and the Superior Court of the District of Columbia, shall apply to matters scheduled in this Court:
(a) PRIORITY TO BE ACCORDED APPELLATE COURTS. Trial proceedings in this Court will yield, and if under way will be held in abeyance, during argument by trial counsel in an appellate court.
(b) PRIORITIES IN TRIAL COURTS.
Actual trials of civil or criminal cases in this Court or in the Superior Court will be accorded priority over any nontrial matters in either court. For the purpose of this Rule, a hearing on a preliminary injunction shall be regarded as a trial. A judge shall set a date for trial only after ascertaining that trial counsel have no conflicting trial or appellate engagement in any court within the District of Columbia. If, despite the foregoing and the obligations imposed on counsel by section (c) of this Rule, counsel should have more than one trial set on one day, the following priorities will be recognized:
(c) RESPONSIBILITIES OF COUNSEL.
It is the professional responsibility of attorneys to avoid the setting of conflicting engagements in the courts, to inform the courts of expected difficulties or conflicts which may arise, and to achieve the resolution of such conflicts or problems at the earliest possible time. The following particular obligations are imposed upon counsel:
COMMENT TO RULE 118: Same as former Rule 3-11 except for change necessary to make the rule gender neutral. The new language is being substituted to conform the rule (118(c)(4)) to current practice.
Law clerks and secretaries to judges of this Court, and all other persons employed in any capacity by this Court, shall not engage in the practice of law while so employed. A law clerk or secretary to a particular judge of this Court shall not, at any time after separating from that position, engage in any activity as an attorney or advisor, nor permit his or her name to appear as an attorney on any paper filed in this Court, in connection with any case that was pending on that judge's docket during his or her term of service. Any other person employed in any capacity by this Court shall not, for a period of two years after separating from that position, engage in any activity as an attorney or advisor in connection with any case that was pending in this Court during his or her term of service. Each former law clerk, secretary or other employee of this Court, as well as persons employing or associating with them in the practice of law before this Court, shall have the responsibility of enforcing the provisions of this Rule. Evidence of a failure to comply with this Rule shall be referred to this Court's Committee on Grievances.