- The pro hac vice fee needs to be paid before filing a PHV application. Go to https://www.nced.uscourts.gov/attorney/phv.aspx
- Complete the “Request to pay CLJA PHV fee” form and submit it. You will then receive a confirmation email that instructs you to call the Clerk (919-645-1700) to pay the $100 PHV fee.
- Call the Clerk and pay the pro hac fee of $100. They will email you a receipt. Please print it using Microsoft Print to PDF. This “flattens” the document so you cannot edit it…DO NOT PRINT TO PDF. Just printing to PDF will not flatten the document and will cause the Court to reject the filing and issue a Notice of Deficiency and you will then have to file a corrected version.
- Next step is to download the PHV form from the NCED website (it’s also in the section of CL Water Litigation) and fill it in with your info with your local counsel’s name included.
- Once you have completed the PHV form with your signature as well as your local counsel’s e-sig), please Microsoft Print to PDF and email it to your local counsel to file along with the PHV receipt from the Court, which is also printed as Microsoft Print to PDF.
- Once the fee is paid and you send your local counsel the receipt as well as the completed PHV form, then local counsel can then file it with the Court.
Once the PHV has been filed by your local counsel, out of state counsel will need to apply for ECF Registration. Complete the ECF Registration Form (http://www.nced.uscourts.gov/pdfs/forms/cmecfRegistrationForm.pdf) and mail to the Court via overnight using the address on the form ASAP.
After your PHV admission has been granted by the Court and you have received your ECF log in and password from the Court, you will then need to file your Notice of Special Appearance using the form found at this link: https://www.nced.uscourts.gov/pdfs/notice_of_special_appearance.docx (Refer to Local Rule 83.1 below). You will have approximately 7-10 days to get your NOA filed so please do not delay this process.
Local Rule 83.1 – Special Appearance Attorneys & Local Counsel
Local Civil Rule 83.1 governs which attorneys may practice before the EDNC. Local Civil Rule 83.1(e) governs the appearance of “special appearance attorneys” (out-of- state attorneys). Subsection (e) reads as follows:
1. Attorneys who are members in good standing of the bar of a United States District Court and the bar of the highest court of any state or the District of Columbia may practice in this court for a particular case in association with a member of the bar of this court. By filing a Notice of Appearance, completing an Electronic Filing Attorney Registration Form, and complying with Section J.(1) of the Policy Manual, an attorney agrees that:
1. the special appearance attorney will be responsible for ensuring the presence of an attorney who is familiar with the case and has authority to control the litigation at all conferences, hearings, trials and other proceedings;
2. the attorney submits to the disciplinary jurisdiction of the court for any misconduct in connection with the litigation in which the attorney is specially appearing; and
3. for purposes of FED. R. CIV. P. 11, the Federal Rules of Civil Procedure and the Local Civil Rules of this court, the special appearance attorney’s electronic signature shall carry the same force and effect as an original signature.
1. An attorney who is not a member of the bar of this court will not receive electronic notification until the attorney becomes a registered CM/ECF filer with this court and files a Notice of Appearance.
Please remember that any document you electronically file with NCED has to be “flattened”. You can do this by choosing Microsoft Print to PDF in your printing options.
Miscellaneous Items:
Tips for filing a Short Form Complaint in an existing case: https://www.nced.uscourts.gov/pdfs/ShortFormComplaintFilingInstructions.pdf
NCED Local Civil Rules: https://www.nced.uscourts.gov/pdfs/Local%20Civil%20Rules%202023.pdf
(LR 10.1 specifically relates to filing pleadings, Motions, and Documents)
(LR 83.1d specifically relates to “Representation by Local Counsel who must sign ALL Pleadings)