State Court Rules Do Not Govern Practice in Federal Court

Patisso v. Law Offices of Bruce E. Baldinger, LLC, 2011 U.S. Dist. LEXIS 123140 (E.D.N.Y. Oct. 24, 2011):

"Nearly a century of Supreme Court precedent has established that practice before federal courts is not governed by state court rules." Amusement Indus., Inc. v. Midland Ave. Assocs., LLC, No. 10-CV-5064, 2011 U.S. Dist. LEXIS 86333, 2011 WL 3463117, at *6 (S.D.N.Y. Aug. 5, 2011) (internal quotation marks and citations omitted). "'Admission to practice law before a state's courts and admission to practice before the federal courts in that state are separate, independent privileges.'" Id. (quoting In re Poole, 222 F.3d 618, 620 (9th Cir. 2000)). Therefore, it is the rules of this Court, not the rules of the New York Judiciary Law that govern this action.

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