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Notice of Changes Proposed by the Eastern District Local Rules Committee

Monday, September 21, 2020

Comments Due October 21, 2020

The Local Rules Committee recommends the creation of General Local Rule 84 to formalize law student practice in the district. Any comments should be submitted to Gina M. Colletti, Clerk of Court, via email at gina_colletti@wied.uscourts.gov by October 21, 2020.

GENERAL L.R. 84. Law Student Practice

(a) Scope.  With permission of the Court, an eligible law student acting under a supervising attorney may appear in court, provided that any party on whose behalf the student appears has provided written consent. Such consent must be maintained in the files of the supervising attorney.

(b) Eligibility. To practice pursuant to this rule, a student must:

     (1) Be enrolled in a law school accredited by the American Bar Association.

     (2) Have completed the equivalent of at least two semesters of legal training.

     (3) Provide the student’s supervising attorney a letter from the student’s law school, certifying that the student is in good standing.

(c) Supervisor Requirements. To supervise a student eligible to practice under this rule, an attorney must:

     (1) Be admitted to practice in the Eastern District of Wisconsin;

     (2) Obtain permission from the Court for the student to appear; 

     (3) Appear with the student at all proceedings and be prepared to supplement any written or oral statement made by the student to the Court or opposing counsel;

     (4) Review all written submissions by the student before filing; and

     (5) Assume overall responsibility for the student’s work.

(d) Permitted Student Activities. Under the oversight of a supervising attorney, an eligible student may:

     (1) Sign pleadings, motions, responses, briefs, and other filings, provided the supervising attorney also signs the filing.

     (2) Appear and participate in judicial proceedings, provided the supervising attorney is present with the law student; and

     (3) Take part in other activities in connection with cases, subject to the oversight of the supervising attorney.

(e) Permission of the Court. The Court may at any time, and for any reason, decline to allow the student to participate or terminate the student’s participation in any matter.

Committee CommentThis rule is designed to enhance law student education and to promote the legal competency of future practitioners in the Eastern District.  The rule is meant to provide flexibility to allow for student participation under the direction of a qualified attorney and subject to the discretion of the presiding judicial officer.