Rule 14-806. Admission pro hac vice.
(a) An attorney who is not a
member of the Bar but who is admitted to practice law in another state or in
any court of the United States or territory or insular possession of the United
States shall apply to be admitted pro hac vice in
accordance with this rule prior to appearing as counsel in a court of record or
not of record.
(b) Nonresident counsel may be
permitted to appear in a particular case if the court in which the case is
pending determines that admission pro hac vice will
serve the interests of the parties and the efficient and just administration of
the case. Admission pro hac vice under this rule is
discretionary with the court in which the application for admission is made.
Admission pro hac vice may be revoked by the court
upon its own motion or the motion of a party if, after notice and a hearing,
the court determines that admission pro hac vice is
inappropriate. Admission pro hac vice shall be denied
or, if granted, shall be revoked if the court determines that the process is
being used to circumvent the normal requirements for the admission of attorneys
to the practice of law in Utah.
(c) In determining whether to
enter or revoke the order of admission pro hac vice,
the court may consider any relevant information, including whether non resident counsel:
(c)(1) is familiar with Utah
rules of evidence and procedure, including applicable local rules;
(c)(2) is available to opposing
parties;
(c)(3) has particular familiarity
with the legal affairs of the party relevant to the case;
(c)(4) complies with the rulings
and orders of the court;
(c)(5) has caused delay or been
disruptive; and
(c)(6) has been disciplined in
any other jurisdiction within the prior 5 years.
(d) The attorney seeking
admission pro hac vice shall complete under oath and
submit to the Bar an application form available from the Utah State Bar or
court clerks' office . The applicant shall attach to the application form a
Certificate of Good Standing from the licensing state in which the applicant
resides. The applicant shall complete a separate application for each case in
which the applicant wants to appear. The fee for each application is $250,
which shall be paid to the Utah State Bar. Fees paid under this rule shall be
used for attorney discipline investigations and proceedings. The following are
exempt from the fee:
(d)(1) attorneys who are
employees of and representing the United States of America or any of its
departments or agencies; and
(d)(2) attorneys representing
indigent clients on a pro bono basis.
(e) A copy of the application and
a receipt showing payment of the fee shall be filed in the court in which the
case is pending, with a motion by a member of the Bar to admit the applicant
pro hac vice and a consent by that member of the Bar
to appear as associate counsel. Associate counsel shall be a resident of Utah.
The application form shall include:
(e)(1) the name, address,
telephone number, fax number, e-mail address, bar identification number(s), and
state(s) of admission of the applicant;
(e)(2) the name and number of the
case in which the applicant is seeking to appear as the attorney of record or,
if the case has not yet been filed, a description of the parties;
(e)(3) the name, number, and
court of other cases pending or closed within the prior five years in any state
or federal court of Utah in which the applicant or a member of the applicant's
firm appears pro hac vice;
(e)(4) a statement whether, in
any state, the applicant:
(e)(4)(A) is currently suspended
or disbarred from the practice of law;
(e)(4)(B) has been disciplined
within the prior five years; or
(e)(4)(C) is the subject of any
pending disciplinary proceedings;
(e)(5) a statement that the
applicant:
(e)(5)(A) submits to the
disciplinary authority and procedures of the Bar;
(e)(5)(B) is familiar with the
rules of procedure and evidence, including applicable local rules;
(e)(5)(C) will be available for
depositions, hearings, and conferences; and
(e)(5)(D) will comply with the
rulings and orders of the court;
(e)(6) the name, address, Bar
identification number, telephone number, fax number, and e-mail address of the
member of the Utah State Bar to serve as associate counsel; and
(e)(7) any other information
relevant to the standards for the admission of the applicant.
(f) Utah counsel associated with
nonresident counsel seeking admission pro hac vice
shall:
(f)(1) file a motion for
admission of the applicant pro hac vice;
(f)(2) serve the motion by mail,
hand-delivery or facsimile on the Utah State Bar's general counsel on or before
filing with the court and include a certificate of service with the motion
evidencing service on the Bar's general counsel and upon the opposing parties,
or, if represented, their counsel;
(f)(3) file a written consent to
appear as associate counsel;
(f)(4) sign the first pleading
filed;
(f)(5) continue as one of the
counsel of record in the case unless another member of the Bar is substituted
as associate counsel; and
(f)(6) be available to opposing
counsel and the court for communication regarding the case and the service of
papers.
(g) The court may require Utah
counsel to appear at all hearings. Utah counsel shall have the responsibility and
authority to act for the client in all proceedings if the nonresident attorney
fails to appear or fails to respond to any order of the court.
(h) An attorney admitted pro hac vice shall comply with and is subject to Utah statutes,
rules of the Supreme Court, including the Rules of Professional Conduct and
Article 5, Lawyer Discipline and Disability, the rules of the court in which
the attorney appears, and the rules of the Code of Judicial Administration.