Page images
PDF
EPUB

conveniently bound together so as to make an ordinary octavo volume, having pages about 6% by 9/4 inches. They shall be printed in clear type (never smaller than small pica or 11-point type) on unglazed paper with the style and number of the case prefixed and the paging in large distinct type in the upper corner of the page. The attorneys for the parties shall see that the paging of their exceptions, briefs, and other papers required to be printed follow the paging of that part of the record already printed.

IX. ATTORNEYS

RULE 78. ADMISSION TO PRACTICE

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, or the District of Columbia, and is in good standing therein, may be admitted to practice as an attorney in this Court by either of the following methods:

(a) 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 the senior Judge present, upon taking 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.

(b) Verified Application: Upon his verified application in writing showing that he is possessed of the qualifications described above, accompanied by (1) a certificate of a judge, or of the clerk of any of the courts specified above, that he is a member of the bar of such court and is in good standing therein; (2) 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 he possesses all the qualifications required for admission to the bar of this Court, that they have examined his application, and that they affirm that his personal and professional character and standing are good; and (3) an oath in the form prescribed above, signed by the applicant and administered by an officer authorized to administer oaths in the State, Territory, or District of Columbia, where the oath is administered.

(c) Fees for Admission: Prior to the making of a motion as

71

prescribed in subparagraph (a), or upon presenting an application as prescribed in subparagraph (b), the applicant for admission shall pay to the Clerk of this Court a fee of $5, except that where the applicant is an attorney representing the United States payment of such fee is not required.

(d) Admission of Foreign Attorneys: An attorney, barrister, or advocate who is qualified to practice in the highest 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 case. He 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 motion of a member of the bar of this Court, notice of which signed by such member and reciting all relevant facts shall be filed with the Clerk at least 3 days prior to the motion.

RULE 79. DISBARMENT

Where it is shown to the Court that any member of its bar has been disbarred from practice in the Supreme Court of the United States or in any other Federal court, or in any court of record of any State or Territory, or has been guilty of conduct unbecoming a member of the bar of this Court, he shall be forthwith suspended from practice before this Court; and unless, upon notice mailed to him at the address shown in the Clerk's records and to the clerk of any of the courts mentioned in which he shall have been disbarred, he shows good cause to the contrary within 30 days, he shall be disbarred.

RULE 80. REGISTRATION

The attorney of record or the plaintiff, if he appears in person, on appearing in a suit shall register with the Clerk of the Court a post-office address to which all notices required by these rules or ordered by the Court may be sent.

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. Any other attorneys assisting the attorney of record shall be designated as of counsel.

RULE 81. SUBSTITUTION

(a) A plaintiff may on motion change his attorney at any time. The motion shall be signed by the plaintiff in person. If the consent of the previous attorney of record is annexed to or endorsed on the motion, the motion shall be allowed as of course. When the motion is not thus shown to have the consent of the previous attorney, he shall be notified of the filing of the motion, and shall have 10 days to show cause why the motion should not be allowed.

(b) If the attorney of record dies, a suggestion of his death shall be made and a motion to substitute another attorney of this Court may be made by plaintiff.

X. FEES

RULE 82. FOR FILING PETITIONS

Except for petitions filed under Rule 22 (a), a fee of $10 shall be paid at the time of filing of any petition, but the Court may fix a fee of $5 in any case where upon written application it is shown that the case involves less than $300 and that it is not a class case. If, in any case, a fee of $5 is authorized by an order of the Court and the judgment of the Court is for $300 or more, an additional amount of $5 shall be paid to the Clerk of the Court before a transcript of the judgment is furnished.

At the time of the filing of a petition under Rule 22 (a), there shall be paid a fee of $10 plus $1 for each party plaintiff other than the first party plaintiff named in the petition.

RULE 83. IN CASES APPEALED TO THIS COURT

Except on appeals by the United States, a filing fee of $10 shall be collected by the Clerk in all cases filed in the United States Court of Claims on appeal from decisions of the Indian Claims Commission, and on cases appealed from the United States District Courts under Title 28, United States Code, Sec. 1504.

RULE 84. FOR RECORD ON CERTIORARI

A fee of 10 cents a folio is fixed for preparing and certifying a transcript of the record for the purpose of a writ of certiorari sought by the plaintiff and for furnishing certified copies of judgments or other documents in cases: Provided, That this fee shall not be applicable to such portions of the record, proceedings, or evidence as are prepared and furnished to the Clerk for certification to the Supreme Court in accordance with Rule 57, except that in all cases a fee of not less than $5 shall be charged for certifying a record in any one case to the Supreme Court.

[ocr errors]
« PreviousContinue »