(a) Applicability. An attorney who is not a Bar member butis admitted to practice law in another state or in any court of the UnitedStates or Territory or insular possession of the United States must apply to beadmitted pro hac vice under this rule before appearing as counselbefore any state or local court or administrative or governmental body in theState of Utah (?Utah tribunal?).
(b) Rule application.
(1) This rule applies to:
(A) All actions or proceedings pending before a court of Utah:
(B) All actions orproceedings pending before a Utah administrative or governmental body, unlessthe rules of that body provide otherwise;
(C) All arbitration oralternative dispute resolution procedures in Utah that are court annexed,court ordered, or mandated by statute or administrative rule; and
(D) All servicesincident to any of the proceedings in paragraphs (b)(1)(A) through (b)(1)(C),including, but not limited to, discovery and settlement negotiations.
(2) This rule does notapply to arbitration or alternative dispute resolution procedures in which theparties engage voluntarily or by private agreement.
(c) Permission to appear. A non-Utah licensed attorney may be permitted to appear in a particular caseor proceeding if the Utah tribunal in which the matter is pending determinesthat admission pro hac vice will serve the interests of the partiesand the efficient and just administration of the case. A non-Utah licensedattorney who resides in Utah may be permitted only after receiving a PracticePending Admission Certificate.
(d) Admission is discretionary. Admissionpro hac vice under this rule is discretionary with the Utah tribunalin which the application for admission is made. The Utah tribunal may revokeadmission pro hac vice upon its own motion or the motion of a partyif, after notice and a hearing, the Utah tribunal determines that admissionpro hac vice is inappropriate. Admission pro hac vice willbe denied or, if granted, will be revoked if the Utah tribunal determines thatthe process is being used to circumvent the normal requirements for attorneysto practice law in Utah.
(e) Eligibility. A non-Utah licensed attorney who has beenretained to represent a client in an action or proceedings described inparagraph (b) may file a written application to appear as counsel in thataction or proceedings if the following conditions are met:
(1) The lawyer is nota Bar member;
(2) The lawyer is nota resident of Utah;
(3) The lawyer is notregularly employed in Utah;
(4) The lawyer is anactive member licensed and in good standing in another state, territory orinsular possession of the United States; and
(5) The lawyerassociates with an active Bar member in good standing who is a Utah residentand whose law office is in Utah (?local counsel?).
(f) Factors in determining admission and revocation. In determining whetherto enter or revoke the order of admission pro hac vice, the Utahtribunal may consider any relevant information, including whether the non-Utahlicensed attorney:
(1) is familiar withUtah rules of evidence and procedure, including applicable local rules;
(2) is available to opposing parties;
(3) has particular familiarity with the legal affairs of the partyrelevant to the case;
(4) complies with the Utahtribunal?s rulings and orders;
(5) has caused delay or been disruptive; and
(6) has been disciplined in any other jurisdiction within the prior fiveyears.
(g) Application procedure. Anon-Utah licensed attorney seeking admission pro hac vice must completeunder oath and submit to the Bar an application form available from the Bar.The applicant must complete a separate application for each matter in whichthe applicant wants to appear. The application must includethe following:
(1) identify the Utahtribunal for which the applicant wishes to appear, and the case number orother identifying information for the matter in which the applicant wishesto appear;
(2) the name of theparty on whose behalf the applicant wishes to appear;
(3) the case or mattername, case or matter number, and Utah tribunal name for other casespending or closed within the prior five years for which the applicant appearedpro hac vice;
(4) a statementwhether the applicant is currently suspended or disbarred from thepractice of law in any state, or whether the applicant has been disciplinedwithin the prior five years, or is the subject of any pending disciplinaryproceedings in any state;
(5) a statement thatthe applicant submits to the disciplinary authority and procedures of theUtah Office of Professional Conduct, is familiar with the rules or procedureand evidence, including applicable local rules, will be available fordepositions, hearings, and conferences, and will comply with the Utahtribunal?s rulings and orders;
(6) the name, address,Bar identification number, telephone number, and email address of the Bar memberto serve as local counsel;
(7) a certificate ofgood standing from the jurisdiction or jurisdictions in which theapplicant is admitted dated no more than 60 days before the application date; and
(8) an application feeequal to the current dues paid by active members of the Bar for the licensingyear in which the application is filed. The fee must be paid to the Bar.
(h) Limited exception tooriginal and annual fee. The application fee and annual feewill be waived for:
(1) non-Utah licensedattorneys providing legal services without compensation or an expectationof compensation through a charitable, religious, civic, community,governmental, or educational organization in a matter designed primarilyto address the needs of people of limited means. A non-Utah licensedattorney seeking a fee waiver to provide pro bono representation mustinclude in the application a verification that all clients represented inthe action are of limited means and that no attorney fees will be paid bythe client.
(2) Attorneys who areemployees of and representing the United States of America or any of itsdepartments or agencies.
(i) Acknowledgment of Supporting Documentation and Receipt of Filing Fee. Uponreceiving a complete application and fee, the Bar will issue an Acknowledgementof Supporting Documentation and Receipt of Filing Fee (?Acknowledgement?).In making the Acknowledgement, the Bar may attach copies or comment on anysubmitted material that may be appropriate for a tribunal to consider withan application for pro hac vice admission.
(j) Filing with the Utahtribunal. Once the Bar issues an Acknowledgement, localcounsel must file the Acknowledgement along with the following documents:
(1) ?a motion for admission pro hac vice;
(2) a copy of theapplication and all supporting documents;
(3) a copy of thecertificate of good standing;
(4)? a proposed order; and
(5) anysubmissions from the Bar together with proof of service on all parties inaccordance with the Utah Rules of Civil Procedure or, to the extent theydiffer from the civil rules, the governing rules of the Utah tribunal.
(k) Names and appearances. Thename, bar number, and address of local counsel must appear on all notices,orders, pleadings and other documents filed in the case or proceeding inwhich the non-Utah licensed attorney is appearing pursuant to this rule. Localcounsel is required to personally appear and participate in pre-trialconferences, hearings and other proceedings before the Utah tribunal ifthe Utah tribunal deems the appearances or participation appropriate. Localcounsel must accept joint responsibility with the non-Utah licensed attorney tothe client, opposing counsel and parties and to the Utah tribunal.Local counsel must continue as the local counsel of record in the caseunless another? Bar member is substitutedas local counsel.
(l) Appearances by non-Utahlicensed attorneys. An applicant may not appear ina proceeding subject to this rule or have the applicant?s name placed onany pleadings or proceedings documents until the Utah tribunal where theaction is pending enters an order granting the motion for prohac vice.
(m) Continuing duty to adviseof changes in status. A non-Utah licensed attorneyadmitted pro hac vice has a continuing duty during the period of admissionto promptly advise the Bar of a disposition made for any pending disciplinarycharges or the institution of any new disciplinary proceedings orinvestigations. The Bar must then advise any Utah tribunal where the attorneyhas been admitted pro hac of any new disciplinary information. The non-Utahlicensed attorney must promptly advise the Bar if permission to appear pro hacvice under this rule is revoked by any Utah tribunal.
(n) Annual renewal. Onor before the anniversary date of filing the initial application with theBar, a non-Utah licensed attorney must certify that the non-Utah licensed attorneycontinues to act as counsel in the cause or that the cause has beenfinally adjudicated. To renew, within 28 days of the anniversary date the non‑Utahlicensed attorney must remit to the Bar an annual fee equal to the current duespaid by active members of the Bar for the licensing year in which therenewal is filed.
(o) Failure to renew.Any non-Utah licensed attorney who continues to appear pro hac vice in acause and fails to pay the renewal fee set forth in paragraph (n), will besuspended from appearing in any proceeding subject to the rule after 28days of the anniversary date. The Bar?s executive director must notify thenon-Utah licensed attorney and local counsel of the suspension and filethe notice with the Utah tribunal that approved the pro hac vice application.The non-Utah licensed attorney may be reinstated upon paying the fees setforth in paragraph (n) of this rule and a $50 late penalty. Upon paying allaccrued fees and late penalty, the Executive Director will reinstate thenon-Utah licensed attorney and will certify reinstatement to the appropriate Utahtribunal.
(p) Appeals and other formsof review. A non-Utah licensed attorney admitted ina lower tribunal on a case or matter that is appealed must file a noticeof appearance in the appellate court or reviewing tribunal. A newapplication to the Bar is not required.
(q) Applicable laws. An attorney admitted pro hac vice mustcomply with and is subject to Utah statutes, Supreme Court rules, therules of the Utah tribunal in which the attorney appears, and the Utah Code ofJudicial Administration.
(r) Tribal representation. A Utah tribunal may allow anon-Utah licensed attorney who is admitted and in good standing in anotherUnited States jurisdiction to appear for the limited purpose of participatingin a child custody proceeding under the Indian Child Welfare Act of 1978, whilerepresenting a tribe, without being subject to the requirements of this rule.
Effective November 1, 2020