Print Version
Previous PageFile uploaded: 5/8/2018

Rule 14-705. Admission by Motion.

(a)Reciprocal admission. An Applicant is eligible to be admitted by motion if theApplicant meets all the requirements of this rule. Admission by Motion is not aright; the burden of proof is on the Applicant to establish by clear andconvincing evidence that she or he:

(a)(1)has paid the prescribed nonrefundable fee and filed the required CompleteApplication as a Motion Applicant;

(a)(2) isat least 21 years old;

(a)(3)has been admitted by bar examination to practice law before the highest courtof a U.S. state, territory or the District of Columbia;

(a)(4)holds a First Professional Degree in law from an Approved Law School;

(a)(5)has successfully passed the MPRE;

(a)(6)has demonstrated that the U.S. state, territory or the District of Columbiathat licenses the Applicant reciprocally allows the admission of licensed Utahlawyers under terms and conditions similar to those set forth in this rule;

(a)(7)has been Actively licensed and lawfully engaged in the Full-time Practice ofLaw as defined in Rule 14-701(b), (t) and (ff) in the reciprocaljurisdiction(s) where licensed for 60 of the 84 months immediately precedingthe date of the filing of the application for admission. For purposes ofadmission under this rule, any time practicing at an office located in Utahwill not be counted as time practicing in a reciprocal jurisdiction;

(a)(8) isa member in good standing in all jurisdictions where currently admitted;

(a)(9)has a proven record of ethical, civil, and professional behavior and has neverbeen disbarred or resigned with discipline pending, or their equivalent, in anyjurisdiction and is not currently subject to lawyer discipline or the subjectof a pending disciplinary matter;

(a)(10)is of good moral character and satisfies the requirements of Rule 14-708;

(b)Continuing legal education requirement. All Applicants admitted to practice lawpursuant to this rule shall complete and certify no later than six monthsfollowing the Applicant's admission that she or he has attended at least 15hours of continuing legal education on Utah practice and procedure and ethicsrequirements.

(b)(1)The Board may by regulation specify the number of the required 15 hours thatmust be in particular areas of practice, procedure, and ethics. Included inthis mandatory 15 hours is attendance at the Bar's OPC ethics school.

?(c) Form and content of application. The Boardmay require additional proof of any facts stated in the application. In theevent of the failure or the refusal of the Applicant to furnish any informationor proof, or to answer any inquiry of the Board pertinent to the pendingapplication, the Board may deny the application without hearing.

(d)Timing of application and admission. An application may be filed at any timebut the Applicant must be able to demonstrate that she or he satisfies therequirements of this rule as of the date the application is filed. Processingof the application and the character and fitness investigation require aminimum of four months to complete.

(d)(1) AnApplicant not eligible for admission pursuant to this rule may qualify foradmission as an Attorney Applicant pursuant to Rule 14-704.

(d)(2)Upon approval the Applicant must comply with the provisions of Rule 14-716concerning licensing and enrollment fees.

(e) Onlypersons who are active, licensed members of the Bar in good standing may engagein the practice of law in Utah. However, a Motion Applicant with a pending Barapplication may be eligible to practice for a limited period upon satisfactionof all of the requirements of Rule 14-809 and receipt of a Practice PendingAdmission Certificate.

EffectiveDate May 1, 2018