Southern District of Ohio updates local rules on admission and withdrawal By Margo Brandenburg
The Southern District of Ohio has updated its local rules, effective February 7, 2022. Litigators should review the updates to the civil and criminal rules to ensure they are aware of the new Southern District procedures and guidelines.
Civil Rules
S.D. Ohio Civ. R. 83.3 – Admission to the Bar.
The Southern District has updated its permanent and pro hac vice admission rules. The permanent and pro hac vice admission process is substantially the same, but now it appears the Court will have a single, standardized admission form. The Court has not modified the requirement that the certificate of good standing must be from the highest court of any state or the District of Columbia.
The Court simplified its pro hac vice admission process to make it more comparable to the Northern District’s process. To be admitted pro hac vice in a civil case pursuant to the updated local rules, an attorney must (1) file a motion for admission on the form approved by the Court and signed by a permanent member of the Bar in the case the attorney wishes to appear, (2) provide a certificate of good standing from the highest court of any state or the District of Columbia that has been issued not more than six months prior to the date of the motion, and (3) remit any applicable admission fees. The Court has done away with the wrinkle for attorneys seeking pro hac vice admission that may be eligible for permanent admission. Unless the Court permits, an attorney admitted pro hac vice still may not serve as a trial attorney for any party.
S.D. Ohio Civ. R. 83.4 – Designation of Trial Attorney; Withdrawal or Substitution of Counsel.
The Court implemented a standardized rule for the withdrawal of attorneys of record. Now, before any attorney of record may withdraw from a case, the attorney must (1) provide notice to their client and all other parties; and (2) obtain leave of Court. However, attorneys from the same firm or governmental agency may file and serve a notice of appearance of substitution for an attorney of record without obtaining leave of Court.
S.D. Ohio Civ. R. 83.5 – Signatures on Filings.
The updated rules on Signatures on Filings are not substantively different than the previous rules. The Court removed the portion of the rule that stated “firm names and names of co-counsel to appear on filings for information purposes.” Also, the Court emphasized that when an attorney files on behalf of another attorney, a full signature of the attorney being signed for must appear on the filings. The attorney’s initials alone are not sufficient.
Criminal Rules
S.D. Ohio Crim. R. 83.4(a) – Withdrawal or Substitution of Counsel in a Criminal Case.
The Court implemented guidelines for an attorney of record wishing to withdraw from a criminal case that are the same as the guidelines governing a civil case. Now, as in a civil case, before an attorney of record may withdraw from a case, the attorney must (1) provide notice to their client and all other parties; and (2) obtain leave of Court. However, attorneys from the same firm or governmental agency may file and serve a notice of appearance of substitution for an attorney of record without obtaining leave of Court.
With four new updates across the Southern District’s civil and criminal rules, it’s important for attorneys to review the changes to stay up to date on the Court’s policies and procedures.
Margo Brandenburg is a litigation associate in the Cincinnati office of Porter Wright. She can be reached at 513.369.4223 or mbrandenburg@porterwright.com.