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Rule 14-705. Admission by motion.

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

(a)(1) has paid theprescribed nonrefundable fee and filed the required Complete Application as aMotion Applicant;

(a)(2) is at least 21 yearsold;

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

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

(a)(5) has successfullypassed the MPRE;

(a)(6) has demonstrated that the U.S. state,territory or the District of Columbia that licenses the Applicant reciprocallyallows the admission of licensed Utah lawyers under terms and conditionssimilar to those set forth in this rule;

(a)(7) has been Activelylicensed and lawfully engaged in the Full-time Practice of Law as defined inRule 14-701 in the reciprocal jurisdiction(s) where licensed for 60 of the 84months immediately preceding the date of the filing of the application foradmission. For purposes of admission under this rule, any time practicing at anoffice located in Utah will not be counted as time practicing in a reciprocaljurisdiction;

(a)(8) is a member in goodstanding in all jurisdictions where currently admitted;

(a)(9) has a proven record of ethical, civil, andprofessional behavior and has never been disbarred or resigned with disciplinepending, or their equivalent, in any jurisdiction and is not currently subjectto lawyer discipline or the subject of a pending disciplinary matter;

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

(b) Continuing legal education requirement.All Applicants admitted to practice law pursuant to this rule shall completeand certify no later than six months following the Applicant's admission thatshe or he has attended at least 15 hours of continuing legal education on Utahpractice and procedure and ethics requirements.

(b)(1) The Board may by regulation specify thenumber of the required 15 hours that must be in particular areas of practice,procedure, and ethics. Included in this mandatory 15 hours is attendance at theBar's OPC ethics school.

(c) Form and content of application. TheBoard may require additional proof of any facts stated in the application. Inthe event of the failure or the refusal of the Applicant to furnish anyinformation or proof, or to answer any inquiry of the Board pertinent to thepending application, the Board may deny the application without hearing.

(d) Timing of application and admission. Anapplication may be filed at any time but the Applicant must be able todemonstrate that she or he satisfies the requirements of this rule as of thedate the application is filed. Processing of the application and the characterand fitness investigation require a minimum of four months to complete.

(d)(1) An Applicant not eligible for admissionpursuant to this rule may qualify for admission as an Attorney Applicantpursuant to Rule 14-704.

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

(e) Practice pending admission. 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 Bar application may be eligible to practice for a limitedperiod upon satisfaction of all of the requirements of Rule 14-809 and receiptof a Practice Pending Admission Certificate.

 

Effective May 1, 2019