§ 6101.5 - Appearing; notice of appearance [Rule 5].  


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  • 6101.5 AppearancesAppearing; notice of appearance [Rule 5].

    (a) Appearances Appearing before the Board -

    (1) Appellant; petitioner; applicant. Any An appellant, petitioner, or applicant may appear before the Board by through an attorney-at-law licensed to practice in a state, commonwealth, or territory of the United States, or in the District of Columbia. An individual appellant, petitioner, or applicant may appear in his or her own behalf; a for himself or herself. A corporation, trust, or association may appear by one of its officers; and a partnership . A limited liability corporation, partnership, or joint venture may appear by one of its members. Each individual appearing on behalf of an appellant, petitioner, or applicant must have legal authority to appear.

    (2) Respondent. The A respondent may appear before the Board by through an attorney -at-law licensed to practice in a state, commonwealth, or territory of the United States, or in the District of Columbia. Alternatively, if not prohibited by agency regulation or otherwise, the respondent may appear if allowed by the agency, by the contracting officer or by the contracting officer's authorized representative.

    (3) Others. The Board may , on motion, in its discretion, permit a special or limited appearance of or for a nonparty, such as by an amicus curiae. Permission to appear, if granted, will be for such purposes and in such manner as allowed by the presiding judge.

    (b) Notice of appearance. Unless a notice of appearance is filed by some other person, the person signing the The Board deems the person who signed a notice of appeal, petition, or application shall be deemed to have appeared on behalf of for the appellant, petitioner, or applicant, and . The Board deems the head of the respondent agency's litigation office shall be deemed to have appeared on behalf of for the respondent unless otherwise notified. Other attorneys actively participating in the proceedings before the Board must participating attorneys shall file notices of appearance . A including all of the information required by the sample notice of appearance in the form specified in the appendix to the rules of this chapter is sufficientposted on the Board's website. Attorneys representing parties before the Board are required to list the state bars to which they are admitted and their state shall list their bar numbers or other bar identifiersidentifying data for each State bar to which they are admitted.

    (c) Withdrawal of appearance. Any person Anyone who has filed a notice of appearance and who wishes to withdraw from a case must file a motion which includes the identifying by name, address, telephone number, facsimile machine numbermailing address, and e-mail address, if available, of email address the person who will assume responsibility for representation of representing the party in question. The motion shall must state the grounds for withdrawal, unless it is accompanied by a representation from the successor representative or existing co-counsel that the established case schedule will be met.

    [72 FR 36795, July 5, 2007, as amended at 73 FR 26950, May 12, 2008; 76 FR 50928, Aug. 17, 2011]

    the motion represents that the party in question will meet the existing case schedule.