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????????? Rule 14-806. Admission pro hac vice.

 

(a) An attorney who is not a member of the Bar but who isadmitted to practice law in

anotherstate or in any court of the Unites States or Territory or insular possessionof the United

Statesshall apply to be admitted pro hac vice in accordance with this rule prior toappearing as

counsel before any state or local court or administrative orgovernmental body in the State of

Utah.

 

?????????????????? (b) Application of rule. This rule applies to:

(b)(1) All actions or proceedings pending before acourt of this state:

(b)(2)All actions or proceedings pending before an administrative or governmentalbody in

?????????? this state, unless the rules of thatbody provide otherwise;

(b)(3)All arbitration or alternative dispute resolution procedures in this state thatare court

annexed, court ordered, or mandated by statute oradministrative rule; and

(b)(4) All services incident to any of theproceedings in Subsections (b)(1) through (b)(3),

including,but not limited to, discovery and settlementnegotiations.

(b)(5)This rule does not apply to arbitration or alternative dispute resolutionprocedures in

which the parties engage voluntarily or by private agreement.

 

(c) Nonresident counsel may be permitted to appear ina particular case or proceeding if the

????????? court or administrative orgovernmental body in which the matter is pending determines that

admission pro hac vice will serve the interests of the partiesand the efficient and just

administrationof the case. Resident counsel may be permitted only if he or she has received a

Practice Pending Admission Certificate.

 

(d)Admission pro hac vice under this rule is discretionary with the court oradministrative or

governmental body in which the application for admission is made.Admission pro hac vice may

berevoked by the court or administrative or governmental body upon its own motionor the

motionof a party if, after notice and a hearing, the court or administrative orgovernmental body

determines that admission pro hac vice is inappropriate.Admission pro hac vice shall be denied

or, if granted, shall be revoked if the court or administrativeor governmental body determines

that the process is being used to circumvent the normalrequirements for the attorneys to the

practiceof law in Utah.


(e)Eligibility. Nonresident counsel who has been retained to represent a client inan action

orproceedings described in section (b) of this rule may file a writtenapplication to appear as

counselin that action or proceedings if the following conditions are met:

(e)(1)The lawyer is not a member of the Utah StateBar;

(e)(2)The lawyer is not a resident of Utah;

(e)(3) The lawyer is not regularly employed in Utah;

(e)(4) The lawyer is an active member licensed and ingood standing in another state,

territoryor insular possession of the United States;

(e)(5) The lawyer associates with an active memberlawyer in good standing of the Utah

StateBar who is a resident of the State of Utah and whose law office is in the Stateof Utah,

hereinafter called ?local counsel.?

 

(f)In determining whether to enter or revoke the order of admission pro hac vice,the court

or administrative or governmental body may consider anyrelevant information, including

whethernonresident counsel:

(f)(1) is familiar with Utah rules of evidence andprocedure, including applicable local rules;

(f)(2)is available to opposing parties;

(f)(3)has particular familiarity with the legal affairs ofthe party relevant to the case;

(f)(4) complies with the rulings and orders of thecourt or administrative or governmental

body;

(f)(5)has caused delay or been disruptive; and

(f)(6)has been disciplined in any other jurisdiction within the prior 5 years.

 

(g)Application Procedure. The non-memberattorney seeking admission pro hac vice must

completeunder oath and submit to the Bar an application form available from the Utah State

Bar. The applicant must complete a separate application foreach matter in which the applicant

wants to appear. The application must include the following:

(g)(1) identify the court or administrative orgovernmental body for which the applicant

wishesto appear, and the case number or other identifying information for the matterin which

the applicant wishes to appear;

(g)(2)the name of the party on whose behalf the applicant wishes to appear;

(g)(3) the name, number, court or administrative orgovernmental body of other cases

pendingor closed within the prior five years for which the applicant appeared pro hac vice;


(g)(4)a statement whether the applicant is currently suspended or disbarred from the

practiceof law in any state, or whether the applicant has been disciplined within theprior five

years,or is the subject of any pending disciplinary proceedings in any state;

(g)(5)a statement that the applicant submits to the disciplinary authority andprocedures of

the Utah State Bar, is familiar with the rules or procedure andevidence, including applicable

localrules, will be available for depositions, hearings, and conferences, and willcomply with the

rulingsand orders of the court;

(g)(6) the name, address, Bar identification number,telephone number, and e-mail address

ofthe member of the Utah State Bar to serve as local counsel;

(g)(7) an original certificate of good standing fromthe jurisdiction or jurisdictions in which the

applicant is admitted dated no more than 60 days prior to thedate of application; and

(g)(8) an application fee equal to the current duespaid by active members of the Utah State

Bar for the licensing year in which the application is filed.The fee must be paid to the Utah State

Bar.

 

(h) LimitedException to Original and Annual Fee. The application fee and annual feewill be

waived for:

(h)(1)non-member attorneys providing legal services without compensation or an

expectationof compensation through a charitable, religious, civic, community,governmental, or

educationalorganization in a matter designed primarily to address the needs of people of limited

means. A non-member seeking a fee waiver to provide pro bonorepresentation shall include in

the application a verification that all clients represented inthe action are of limited means and

thatno attorney fee shall be paid by the client.

(h)(2)attorneys who are employees of and representing the United States of America or any

ofits departments or agencies.

 

(i)Acknowledgment of SupportingDocumentation and Receipt of Filing Fee. Upon receipt

of acomplete application and fee, the Bar shall issue an Acknowledgement of Supporting

Documentationand Receipt of Filing Fee (hereinafter ?Acknowledgement?). In making the

Acknowledgement, the Bar may attach copies or comment on anysubmitted material that may

be appropriate for a tribunal to consider with an applicationfor pro hac vice admission.

 

(j)Filing with the Tribunal. Once theBar issues an Acknowledgement, local counsel must file

theoriginal Acknowledgement along with the following documents: (1) an originalmotion for


admissionpro hac vice; (2) a copy of the application and all supporting documents; (3) acopy of

thecertificate of good standing; (4) an original proposed order; and (5) anysubmissions from

theBar together with proof of service on all parties in accordance with the UtahRules of Civil

Procedure or, to the extent they differ from the civil rules,the governing rules of the

administrative or governmentalbody.

 

(k)Names and Appearances. The name, barnumber, and address of local counsel must

appearon all notices, orders, pleadings and other documents filed in the case orproceeding in

whichthe non-member attorney is appearing pursuant to this rule. Local counsel isrequired to

personally appear and participate inpre-trial conferences, hearings and other proceedings

before the court or the administrative or governmental body ifthe court or administrative or

governmentalbody, or agency deems such appearances or participation appropriate. Local

counsel shall accept joint responsibility with the non-memberattorney to the client, opposing

counseland parties and to the court or administrative or governmental body. Local counsel

mustcontinue as the local counsel of record in the case unless another member ofthe Utah

State Bar is substituted as local counsel.

 

 

(l)Appearances by non-member attorneys. Anapplicant shall not appear in a proceeding

subjectto this rule until the court or administrative or governmental body where theaction is

pendingenters an order granting the motion for pro hac vice.

 

 

(m)Continuing Duty to Advise of Changes inStatus. Out-of-state counsel admitted prohac

vicehas a continuing duty during the period of such admission to promptly advisethe Bar of a

dispositionmade of pending charges or the institution of any new disciplinary proceedings or

investigations. The Bar shall then advise any court oradministrative or governmental body

where the attorney has been admitted pro hac of any suchinformation. Out-of-state counsel

shallpromptly advise the Bar if permission to appear pro hac vice pursuant to thisrule if

revoked by any court or administrative or governmental body.

 

 

(n)Annual Renewal. On or before theanniversary date of the filing of the initialapplication

with the Bar, the local counsel must certify to the Bar thatthe non-resident attorney continues to

actas counsel in the cause or that the cause has been finally adjudicated. In theevent that non-


memberattorney shall remit to the Bar an annual fee equal to the current dues paid by active

members of the Utah State Bar for the licensing year in whichthe renewal is filed within 30 days

of the anniversary date.

 

 

(o)Failure to Renew. Any non-memberattorney, who continues to appear pro hac vice in a

causeand fails to pay the renewal fee set forth in (n) of this rule, shall besuspended from

appearingin any proceeding subject to the rule after 30 days of the anniversary date. The

ExecutiveDirector of the Utah State Bar shall notify the non-member attorney and local counsel

ofthe suspension and shall file a certified copy of the notice with the court oradministrative or

governmental body, or agency that approved the pro hac viceapplication. The non-member

may be reinstated upon payment of the fees set forth inparagraph (n) of this rule and a $50 late

penalty.Upon payment of all accrued fees and late penalty, the Executive Director shall

reinstate the non-member attorney and shall certifyreinstatement to the appropriate court or

administrativeor governmental body.

 

 

(p)Appellate Matters and Other Forms ofReview. Out-of-state counsel admitted in alower

tribunalon a case or matter that is appealed must file a notice of appearance in the appellate

courtor reviewing tribunal. A new application to the Bar is not required.

 

(q) An attorney admitted pro hac vice shall complywith and is subject to Utah statutes, rules

ofthe Supreme Court, including the Rules of Professional Conduct and Article 5, Lawyer

Discipline and Disability, the rules of the court in which theattorney appears, and the rules of

the Code of Judicial Administration.

 

 

Effective May 1,2019