PART 1. CIVIL RULES AND GENERAL PROVISIONS

Section XI. General Provisions


RULE 83.1

FREE PRESS - FAIR TRIAL PROVISIONS

(a) Publicity. Courthouse supporting personnel, including, among others, clerks and deputies, law clerks, messengers, and court reporters, shall not disclose to any person information relating to any pending criminal or civil proceeding that is not part of the public records of the court without specific authorization of the court, nor shall any such personnel discuss the merits or personalities involved in any such proceeding with any members of the public. United States Marshals coming into possession of confidential information obtained from the court shall not disclose such information unless necessary for official law enforcement purposes.

(b) Confidentiality. All courthouse support personnel are specifically prohibited from divulging information concerning arguments and hearings held in chambers or otherwise outside the presence of the public.

(c) Conduct of Proceedings in a Widely Publicized or Sensational Case.

(1) In a widely publicized or sensational case likely to receive massive publicity, the court, on its own motion, or on motion of either party, may issue a special order governing such matters as extrajudicial statements by lawyers, parties, witnesses, jurors, and court officials likely to interfere with the rights of the accused to a fair trial by an impartial jury, the seating and conduct in the courtroom of spectators and news media representatives, the management and sequestration of jurors and witnesses, and any other matter which the court may deem appropriate for inclusion in such an order.

(2) Nothing in this rule or in any other criminal rule of this court is intended to restrict the media's right to full pretrial coverage of news pursuant to the First Amendment to the United States Constitution.

(d) Photographs, Broadcasts, Video Tapes, and Tape Recordings Prohibited.

(1) All forms, means, and manner of taking photographs, tape recordings, video taping, broadcasting, or televising are prohibited in a United States courtroom or its environs during the course of, or in connection with, any judicial proceedings whether the court is actually in session or not. This rule shall not prohibit recordings by a court reporter or staff electronic recorder. No court reporter, staff electronic recorder, or any other person shall use or permit to be used any part of any recording of a court proceeding on or in connection with any radio, video tape or television broadcast of any kind. The court may permit photographs of exhibits or use of video tapes or tape recordings under the supervision of counsel.

(2) 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 investiture, ceremonial, or naturalization proceedings.

(3) In a complex case, counsel, with the prior permission of the court, may bring into court an unobtrusive hand-held dictating machine for use in dictating notes or reminders during trial. It is not to be used to record any part of the proceedings.

(e) Environs For purposes of this rule, environs means:

(1) In Boise, Idaho, the fifth and sixth floor of the Federal Building and United States Courthouse located at 550 West Fort Street, including the corridor area adjacent to the courtroom doors;

(2) In Moscow, Idaho, the third floor of the Federal Building and Courthouse located at 220 East Fifth Street;

(3) In Pocatello, Idaho, that portion of the second floor of the Federal Building and Courthouse at 250 South Fourth Street assigned for court use, including the corridor area adjacent to the courtroom doors; and

(4) In Coeur d'Alene, Idaho, the second floor of the Federal Building and Courthouse located at 205 North Fourth Street assigned for court use, including the corridor adjacent to the courtroom doors.

 

Revised 8/1/97

RELATED AUTHORITY

45 F.R.D. 391 (1969), 51 F.R.D. 135 (1971), 87 F.R.D. 519 (1980)


RULE 83.2

COURTROOM AND COURTHOUSE DECORUM

Position of Counsel. Counsel for the respective parties shall be seated in accordance with instructions of the court bailiff. In examining a witness or addressing the court, counsel shall remain at counsel table or lectern, if one is available, except when permission is granted by the court to approach the bench, the clerk's desk, or a witness. All papers and exhibits shall be sent from counsel table to the court, courtroom clerk or witness by and through the bailiff unless permission is otherwise granted.

RELATED AUTHORITY

NONE


RULE 83.3

SECURITY IN THE COURTHOUSE

The court, or any judge, may from time to time make such orders or impose such requirements as may be reasonably necessary to assure the security of the court and of all persons in attendance. To the extent deemed necessary, the court or judge may coordinate any orders relating to the security of the court and public with the U.S. Marshals Service.

RELATED AUTHORITY

NONE


RULE 83.4

BAR ADMISSION

(a) Admission to the Bar of this Court. Admission to and continuing membership in the bar of this court is limited to attorneys of good moral character who are active members in good standing of the Idaho State Bar. Each applicant for admission shall present to the clerk a written petition for admission, stating the applicant's residence and office addresses and by what courts he or she has been admitted to practice and the respective dates of admission to those courts. The petition shall be accompanied by a certificate of a member of the bar of this court, stating that the bar member knows the applicant and can affirm that the applicant is of good moral character. Upon qualification, the applicant may be admitted upon written or oral motion as determined by the court. Before any certificate of admission shall issue, the applicant must sign the prescribed oath. Generally, the applicant must personally appear before the court; however, in exceptional circumstances the court may waive this requirement.

(b) Practice in this Court. Except as herein otherwise provided, only members of the bar of this court shall practice in this court. Only a member of the bar of this court may appear for a party, sign stipulations, or receive payment or enter satisfactions of judgment, decree, or order.

(c) Attorneys for the United States and Federal Defender Organizations. An attorney who is not eligible for admission under Local Rule 83.4(a) hereof but who is a member in good standing of and eligible to practice before the bar of any United States court or of the highest court of any state or of any territory or of any insular possession of the United States and who is of good moral character may practice in this court in any matter in which the attorney is employed or retained by the United States or its agencies and is representing the United States or any of its officers or agencies or in which the attorney is part of a federal defender organizations and is appointed by the court to represent a criminal defendant. (Criminal Rule 44.1). Attorneys so permitted to practice in this court are subject to the jurisdiction of the court with respect to their conduct to the same extent as members of the bar of this court.

(d) Appearances by Corporations. Whenever a corporation desires or is required to make an appearance in this court, the appearance shall be made only by an attorney of the bar of this court or an attorney permitted to practice under these Rules.

(e) Pro Hac Vice/Local Counsel. An attorney not eligible for admission under Local Rule 83.4(a) hereof, but who is a member in good standing of and eligible to practice before the bar of any United States court or of the highest court of any state or of any territory or insular possession of the United States, who is of good moral character and who has been retained to appear in this court, may, upon written application and in the discretion of the court, be permitted to appear and participate in a particular case and no certificate of admission shall be issued by the clerk.

The pro hac vice application shall be presented to the clerk and shall state under penalty of perjury (1) the attorney's residence and office addresses, (2) by what court(s) the attorney has been admitted to practice and the date(s) of admission, (3) that the attorney is in good standing and eligible to practice in said court(s), and (4) that the attorney is not currently suspended or disbarred in any other court(s). Within thirty (30) days the attorney filing pro hac vice shall also (1) designate a member of the bar of this court who does maintain an office within this court as co-counsel with the authority to act as attorney of record for all purposes and (2) file with such designation the address, telephone number, and written consent of such designee.

All pleadings filed with the Clerk of Court must contain the names and addresses and original signatures of the attorney appearing pro hac vice and associated local counsel.

The designee shall personally appear with the attorney on all matters heard and tried before this court unless such presence is excused by the court. Original proceedings may be filed by an attorney before admission pro hac vice, but the time for the responsive pleading shall not begin to run until the appearance of associated local counsel is filed with the clerk.

(f) Non-Appropriated Fund.

(1) Attorneys admitted to the bar of this court under the conditions prescribed in Local Rule 83.4(a) shall be required to pay to the Clerk of Court an admission fee of Seventy Dollars ($70.00).

(2) Attorneys not admitted to the bar of this Court who, upon the filing of a verified petition for permission to practice in an individual case, are admitted under the conditions prescribed in Local Rule 83.4(e), shall be required to pay a fee of One Hundred Dollars ($100.00) for each such verified petition so filed.

(3) Monies deposited into the fund must be used for purposes which inure to the benefit of members of the bench and bar of this court in the administration of justice.

(g) Legal Interns. Legal interns are permitted to appear in this court under the direction of a supervising attorney in accordance with the following provisions.

(1) Supervising Attorney: A supervising attorney shall be a member of the bar of this court in good standing and shall issue a written statement assuming the responsibility in this court as provided by Idaho Supreme Court Rule 123D or of any other duties and responsibilities that may be from time to time imposed by any other rule or order of this court or of any judge thereof.

(2) Upon presentation to the Clerk of Court of a certified copy of the legal intern’s application to the Idaho State Bar and a certified copy of the legal intern’s license as issued by the Idaho State Bar, and with the written approval of a judge of this court, the Clerk shall issue to the legal intern applicant a certificate of permission to practice as a legal intern. Such certified copies of the application and the license issued by the Idaho State Bar shall be accompanied by a written statement of the supervising attorney assuming the responsibility in this court as provided by Rule 123D or of any other duties and responsibilities that may be from time to time imposed by any other rule or order of this court or of any judge thereof.

(3) Before the issuance of such certificate of permission to practice as a legal intern, the applicant shall take and subscribe an oath before the Clerk of Court or any judge of the court in such form as may be from time to time prescribed by the court.

(4) A legal intern may not appear before a district judge, bankruptcy judge, or magistrate judge without the actual presence of the supervising attorney, except that the legal intern may appear without the actual presence of the supervising attorney in all matters pertaining to petty offenses before magistrates judges of this court, if prior thereto or at the time of any such appearance there shall have been filed with the magistrate the written consent of the supervising attorney certifying as to the ability and the preparedness of the legal intern and the written consent of the client. Provided, however, that the legal intern may not appear alone with respect to petty offenses where imprisonment is likely to occur.

(5) A legal intern may conduct or actively participate in ex parte matters; contested motion practice; in civil, bankruptcy, or criminal; or in the trial of misdemeanors if the supervising attorney is present and the supervising attorney certifies to the court as to the ability and preparedness of the legal intern and upon filing the written consent of the client.

(6) Any admission to practice before this court is at the sufferance of the United States District and Bankruptcy Courts for the District of Idaho or of any judge thereof and may be terminated at any time, without notice, and with or without stated cause or reason.

(h) Notice of Change of Status. An attorney who is a member of the bar of this court or who has been permitted to practice in this court under Local Rule 83.4(c) or (d) hereof shall promptly notify the court of any change in his or her status in another jurisdiction which would make him or her ineligible for membership in the bar of this court under Local Rule 83.4(a) hereof or ineligible to practice in this court under Local Rule 83.4(c) and (d) hereof. In the event the attorney is no longer eligible to practice in another jurisdiction by reason of his or her suspension for nonpayment of fees or enrollment as an inactive member, he or she shall forthwith be suspended from practice before this court without any order of court and until he or she becomes eligible to practice in such other jurisdiction.

(i) Notice of Change of Address. Any attorney who has been permitted to appear and participate in an action before this court must advise the court and other counsel of record, in writing, if that attorney has a change in name, firm, firm name, or office mailing address, by filing a document entitled "Notice of Change of Address" in each case in which he or she had made an appearance.

If the attorney is changing firms, he or she must formally, in writing as specified in Local Rule 83.7, withdraw from any active cases in which he or she intends to discontinue representation. Until then, the authority and responsibility of the attorney of record shall continue for all proper purposes.

The Clerk's Office will assume recordkeeping responsibility only for address changes made in accordance with this rule.

 

Revised 8/1/97

RELATED AUTHORITY

NONE


RULE 83.5

ATTORNEY DISCIPLINE

(a) Standard of Professional Conduct. All members of the bar of this court and all attorneys permitted to practice in this court shall familiarize themselves with and comply with the standards of professional conduct required of members of the Idaho State Bar and decisions of any court applicable thereto which are hereby adopted as standards of professional conduct of this court. These provisions shall not be interpreted to be exhaustive of the standards of professional conduct. In that connection, the Idaho Rules of Professional Conduct for the Idaho State Bar should be noted. No attorney permitted to practice before this court shall engage in any conduct which degrades or impugns the integrity of the court or in any manner interferes with the administration of justice therein.

(b) Discipline.

(1) In the event any attorney engages in conduct which may warrant discipline or other sanctions, the court or any district judge may, in addition to initiating proceedings for contempt under Title 18 U.S.C. and Fed. R. Cr. P. 42, or imposing other appropriate sanctions pursuant to the court's inherent powers or the Fed. R. Cr. P., refer the matter to the disciplinary body of any court before which the attorney has been admitted to practice. A United States magistrate judge shall refer and certify any contempt proceedings to a district judge pursuant to 28 U.S.C. 636(e).

(2) Any attorney admitted to practice in this court, who is convicted of a felony in any court of the United States, of the District of Columbia, or of any state, territory, commonwealth, or possession of the United States shall immediately be suspended from practice before this court, whether the conviction resulted from a plea of guilty or nolo contendere or from a verdict after trial or otherwise. The court shall issue an order to show cause directing the suspended attorney to demonstrate within thirty (30) days why the attorney should be reinstated to practice before the court during the pendency of any appeal. Upon the felony conviction becoming final, an order of disbarment will be entered, unless the attorney can show cause within thirty (30) days after notice and the opportunity to be heard, why disbarment would not be in the interest of justice.

(3) Upon the receipt by this court of a certified copy of a judgment or order showing that any attorney admitted to practice before this court has been suspended, disbarred or otherwise disciplined by any other court of the United states, or the District of Columbia, or of any state, territory, commonwealth or possession of the United States, this court shall notify and issue an order to show cause directing the suspended, disbarred, or otherwise disciplined attorney to demonstrate to this court within thirty (30) days why the imposition of the identical discipline would be unwarranted.

Upon the expiration of thirty (30) days after notification and the opportunity to be heard, this court shall impose the identical discipline unless the attorney clearly demonstrates or this court finds that:

(i) the procedure was so lacking in notice or opportunity to be heard as to constitute a deprivation of due process;

(ii) there was such an absence of proof establishing misconduct that the court would not accept as final the conclusions reached;

(iii) the imposition of the disciplinary action stated in the order would otherwise result in grave injustice; or

(iv) the misconduct is deemed to warrant substantially different discipline from that stated in the order.

RELATED AUTHORITY

NONE


RULE 83.6

APPEARANCE AND SUBSTITUTION OF ATTORNEYS

(a) Appearances. Whenever a party has appeared through an attorney, the party may not thereafter appear or act in his or her own behalf in the case or take any step therein unless an order of substitution shall first have been made by the court, after notice to the opposing party and his or her attorney; provided, that the court may in its discretion hear a party in open court, notwithstanding the fact that the party has appeared or is represented by an attorney. A notice of appearance does not constitute a pleading and does not satisfy the requirement of an answer or preclude involuntary dismissal.

(b) Substitutions. When an attorney of record for any person ceases to act for a party, such party shall appear in person or appoint another attorney by a written "Notice of Substitution of Attorney" and proposed order. Said Notice of Substitution shall be signed by the party, the attorney ceasing to act, and the newly appointed attorney or by a written designation filed in the cause and served upon the attorney ceasing to act unless said attorney is deceased, in which event the designation of the new attorney shall so state. Until such substitution is approved by the court, the authority of the attorney of record shall continue for all proper purposes.

(c) Withdrawal.

(1) No attorney of record for a party may withdraw from representing that party without leave of the court. Before an attorney is to be granted leave to withdraw, the attorney shall present to the court a proposed order permitting the attorney to withdraw and directing the client to appoint another attorney to appear, or to appear in person by filing a written notice with the court stating how the party will be represented. After the court has entered such order, the withdrawing attorney shall forthwith and with due diligence serve all other parties and either personally serve copies of the same upon his or her client or mail said notices by first class mail, return receipt requested. The order shall provide that the withdrawing attorney shall continue to represent the client until proof of service of the withdrawal order on the client has been filed with the court. The client shall have twenty (20) days from filing of proof of service by the attorney to file written notice with the court stating how the client will be represented. If the party represented by the withdrawing attorney is a corporation, the order must advise the corporation that it cannot appear without being represented by an attorney in accordance with Local Rule 83.5(d).

(2) Upon entry of the order and the filing of proof of service on the client, no further proceedings can be had in the action which will affect the right of the party represented by the withdrawing attorney for a period of twenty (20) days. If the said party fails to appear in the action, either in person or through a newly appointed attorney within such twenty (20) day period, such failure shall be sufficient grounds for the entry of a default against such party or dismissal of the action of such party with prejudice and without further notice, which shall be stated in the order of the court.

(d) Persons Appearing Without an Attorney -- In Propria Persona. Any person who is representing himself or herself without an attorney must appear personally for such purpose and may not delegate that duty to any other person. Failure to comply with the Local Rules or the Federal Rules of Civil and Criminal Procedure may be grounds for dismissal or judgment by default. While such person may seek outside assistance in preparing court documents for filing, the person is expected to personally participate in all aspects of the litigation, including court appearances. In exceptional circumstances, the court may modify these provisions to serve the ends of justice.

 

Revised 8/1/97

RELATED AUTHORITY

NONE