(a) Duties at New York: The marshal shall attend court at all its sessions in New York City and shall serve and execute such process and orders as directed by the court.

(b) At Places Other Than New York: At all sessions of the court at places other than New York City, the United States marshal for the district in which a session of the court is being held shall act as the marshal for the court and shall be present at all sessions of the court in his district, and when serving as such shall execute such process and orders as directed by the court.

(c) Fees: The fees of the marshal for service of any subpoena, writ, process, or other court paper or document, or for the doing of any act specified in 28 U.S.C. § 1921 shall be the same as those provided in that statute for similar services or acts by a United States marshal, together with the same mileage, expense, and costs provided in that statute.

CHAPTER 16. ATTORNEYS

RULE 16.1 ATTORNEYS-ADMISSION

TO PRACTICE

(a) On Motion or by Application: Any person of good moral character who is a citizen of the United States or of any territory or possession thereof and 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 Customs and Patent Appeals, and is in good standing therein, may be admitted to practice as an attorney in this court by either of the following methods:

(1) Oral Motion: Upon oral motion made in open court by a member of the bar of this court or, if the court is not in session, before the chief judge or any judge present, following the filing of an application form provided by the court, and upon taking the following oath:

I,

do solemnly swear (or affirm) that I will faithfully conduct myself as an attorney and counselor at law of this court uprightly and according to law, and that I will support the Constitution of the United States, so help me God.

(2) Verified Application: Upon verified application in writing, in the form provided by the court, showing that the applicant is possessed of the qualifications described above, accompanied by:

(i) a certificate of a judge or of the clerk of any of the courts specified above that the applicant is a member of the bar of such court and is in good standing therein;

(ii) a letter or signed statement of a member 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 him, that the applicant possesses all the qualifications required for admission to the bar of this court, that he has examined the applicant's application, and that he affirms that

the applicant's personal and professional character and standing are good; and

(iii) an oath in the form prescribed in subparagraph (1) of this paragraph (a), 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.

(b) Fee for Admission: The applicant for admission shall pay to the clerk a fee of $10, and shall be entitled to a certificate of admission. The clerk, as trustee, shall deposit such sum in a bank designated by the court and shall expend such moneys as directed by the court. Where the applicant is an attorney representing the United States before this court, payment of such fee is not required.

(c) Admission of Foreign Attorneys: An attorney, barrister, or advocate who is qualified to practice at the bar of the court of any foreign state which extends a like privilege to members of the bar of this court may be specially admitted for purposes limited to a particular action. He shall not, however, be authorized to act as attorney of record. In the case of such an applicant, the oath shall not be required and there shall be no fee. Such admission shall be granted 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.

RULE 16.2 DISBARMENT OR OTHER DISCIPLINARY

ACTION

(a) Initiation of Proceedings: When a certificate shall be received from the clerk of any court, or a complaint supported by an affidavit filed with the clerk of this court, setting forth any of the following facts concerning a member of the bar of this court:

(1) that he has resigned from the bar of the Supreme Court of the United States or any other federal court, or from any court of record of any state, territory, or possession;

(2) that he has been disbarred, suspended from practice or censured in the Supreme Court of the United States or any

other federal court, or in any court of record of any state, territory, or possession;

(3) that he has been convicted of a crime involving moral turpitude; or

(4) that he has been guilty of dishonest or unethical conduct;

the clerk of this court shall forthwith deliver such certificate or complaint to the chief judge of this court.

(b) Sufficiency: The chief judge shall preliminarily examine such certificate or complaint and rule upon its sufficiency prima facie. If he deems the facts insufficient on their face to warrant disciplinary action, he shall so advise the complainant and the attorney named.

(c) Investigation and Prosecution: Where the certificate or complaint is deemed sufficient prima facie, the chief judge shall appoint a committee, consisting of three members of the bar of this court, to which the certificate or complaint shall be referred. It shall then be the duty of the committee to investigate the facts involved in such resignation, disbarment or suspension from practice or other facts alleged in the certificate or complaint. If, in the committee's judgment, probable cause for disbarment, suspension, or disciplinary action exists, it shall then be the duty of the committee to proceed against the attorney by an order signed by the chief judge setting forth the charges against him and requiring him, within 30 days after service of the order upon him by delivery or by mailing, to show cause as to why disciplinary action should not be taken.

(d) Appearance: The attorney named in the order to show cause may appear in person and may be represented by an attorney and shall have the right to file any answer which, in his opinion, the proceedings may warrant.

(e) Hearing and Report: Upon answer by the attorney to the order to show cause, the chief judge shall designate three judges of the court who shall hear the matter, after due notice to the attorney named in the order, and report their findings of fact and conclusions of law to the full court.

(f) Action by the Court: The full court, after consideration of the record, may enter an order disbarring, suspending,

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or otherwise disciplining such member of the bar, or dismissing the proceedings, or making such other disposition of the case as may be warranted by the record.

RULE 16.3 NOTICE OF APPEARANCE; ATTORNEY OF RECORD; SUBSTITUTION OF ATTORNEYS

(a) Notice of Appearance: Attorneys authorized to appear in actions pending before the court shall file notice thereof in writing with the clerk. Such notice shall state the title and court number of the action, and the name, address and telephone number of the attorney or attorneys so appearing. The notice shall be substantially in the form as set forth in Appendix F.

(b) Initial Document: If the summons or other paper commencing an action bears the name and address of any member or members of the bar of this court, he or they shall be recognized as the attorney or attorneys of record and no separate notice of appearance shall be required in such action.

(c) The United States: The Assistant Attorney General, Civil Division, Department of Justice, shall be considered as having entered an appearance in all actions in which the United States is a party.

(d) Attorney of Record: An appearance may be made in the name of an individual attorney or in a firm name. If an appearance is made in a firm name, the name of the individual attorney responsible for the litigation shall also be stated.

(e) Appearance-Admission To Practice: Except in an action commenced by an individual in his own behalf, only an attorney admitted to the bar of this court may enter an appearance or practice before this court.

(f) Substitution of Attorneys: A party to any action who may desire to substitute an attorney in place of the one of record may do so by filing a notice therefor expressing his consent, signed by himself and the attorney of record. The notice shall be substantially in the form as set forth in Appendix G. If the consent of the previous attorney of record is annexed to or endorsed on the notice, substitution shall be accomplished by an appropriate entry on the docket of the court. A notice of appearance shall be filed by the substituted attorney. If an