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Rule 14-806. Admission pro hac vice.

Rule 14-806. Admission pro hac vice.

(a) An attorney who is not amember of the Bar but who is admitted to practice law in another state or inany court of the United States or territory or insular possession of the UnitedStates shall apply to be admitted pro hac vice inaccordance with this rule prior to appearing as counsel in a court of record ornot of record.

(b) Nonresident counsel may bepermitted to appear in a particular case if the court in which the case ispending determines that admission pro hac vice willserve the interests of the parties and the efficient and just administration ofthe case. Admission pro hac vice under this rule isdiscretionary with the court in which the application for admission is made.Admission pro hac vice may be revoked by the courtupon its own motion or the motion of a party if, after notice and a hearing,the court determines that admission pro hac vice isinappropriate. Admission pro hac vice shall be deniedor, if granted, shall be revoked if the court determines that the process isbeing used to circumvent the normal requirements for the admission of attorneysto the practice of law in Utah.

(c) In determining whether toenter 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 Utahrules of evidence and procedure, including applicable local rules;

(c)(2) is available to opposingparties;

(c)(3) has particular familiaritywith the legal affairs of the party relevant to the case;

(c)(4) complies with the rulingsand orders of the court;

(c)(5) has caused delay or beendisruptive; and

(c)(6) has been disciplined inany other jurisdiction within the prior 5 years.

(d) The attorney seekingadmission pro hac vice shall complete under oath andsubmit to the Bar an application form available from the Utah State Bar orcourt clerks' office . The applicant shall attach to the application form aCertificate of Good Standing from the licensing state in which the applicantresides. The applicant shall complete a separate application for each case inwhich 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 beused for attorney discipline investigations and proceedings. The following areexempt from the fee:

(d)(1) attorneys who areemployees of and representing the United States of America or any of itsdepartments or agencies; and

(d)(2) attorneys representingindigent clients on a pro bono basis.

(e) A copy of the application anda receipt showing payment of the fee shall be filed in the court in which thecase is pending, with a motion by a member of the Bar to admit the applicantpro hac vice and a consent by that member of the Barto 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), andstate(s) of admission of the applicant;

(e)(2) the name and number of thecase 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, andcourt of other cases pending or closed within the prior five years in any stateor federal court of Utah in which the applicant or a member of the applicant'sfirm appears pro hac vice;

(e)(4) a statement whether, inany state, the applicant:

(e)(4)(A) is currently suspendedor disbarred from the practice of law;

(e)(4)(B) has been disciplinedwithin the prior five years; or

(e)(4)(C) is the subject of anypending disciplinary proceedings;

(e)(5) a statement that theapplicant:

(e)(5)(A) submits to thedisciplinary authority and procedures of the Bar;

(e)(5)(B) is familiar with therules of procedure and evidence, including applicable local rules;

(e)(5)(C) will be available fordepositions, hearings, and conferences; and

(e)(5)(D) will comply with therulings and orders of the court;

(e)(6) the name, address, Baridentification number, telephone number, fax number, and e-mail address of themember of the Utah State Bar to serve as associate counsel; and

(e)(7) any other informationrelevant to the standards for the admission of the applicant.

(f) Utah counsel associated withnonresident counsel seeking admission pro hac viceshall:

(f)(1) file a motion foradmission 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 beforefiling with the court and include a certificate of service with the motionevidencing service on the Bar's general counsel and upon the opposing parties,or, if represented, their counsel;

(f)(3) file a written consent toappear as associate counsel;

(f)(4) sign the first pleadingfiled;

(f)(5) continue as one of thecounsel of record in the case unless another member of the Bar is substitutedas associate counsel; and

(f)(6) be available to opposingcounsel and the court for communication regarding the case and the service ofpapers.

(g) The court may require Utahcounsel to appear at all hearings. Utah counsel shall have the responsibility andauthority to act for the client in all proceedings if the nonresident attorneyfails 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 andArticle 5, Lawyer Discipline and Disability, the rules of the court in whichthe attorney appears, and the rules of the Code of Judicial Administration.