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Rule 14-806. Admission pro hac vice.

(a) Anattorney who is not a member of the Bar but who is admitted to practice law inanother state or in any court of the United States or territory or insularpossession of the United States shall apply to be admitted pro hac vice in accordance with this rule prior to appearing ascounsel in a court of record or not of record.

(b)Nonresident counsel may be permitted to appear in a particular case if thecourt in which the case is pending determines that admission pro hac vice will serve the interests of the parties and theefficient and just administration of the case. Resident counsel may bepermitted only if he or she has received a Practice Pending AdmissionCertificate. Admission pro hac vice under this ruleis discretionary 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) Indetermining whether to enter or revoke the order of admission pro hac vice, the court may consider any relevant information,including whether nonresident counsel:

(c)(1) isfamiliar with Utah rules of evidence and procedure, including applicable localrules;

(c)(2) isavailable to opposing parties;

(c)(3)has particular familiarity with the legal affairs of the party relevant to thecase;

(c)(4)complies with the rulings and orders of the court;

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

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

(d) Theattorney seeking admission pro hac vice shallcomplete under oath and submit to the Bar an application form available fromthe Utah State Bar or court clerks' office. The applicant shall attach to theapplication form a Certificate of Good Standing from the licensing state inwhich the applicant resides. The applicant shall complete a separateapplication for each case in which the applicant wants to appear. The fee foreach application is $250, which shall be paid to the Utah State Bar. Fees paidunder this rule shall be used for attorney discipline investigations andproceedings. The following are exempt from the fee:

(d)(1)attorneys who are employees of and representing the United States of America orany of its departments or agencies; and

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

(e) Acopy of the application and a receipt showing payment of the fee shall be filedin the court in which the case is pending, with a motion by a member of the Barto admit the applicant pro hac vice and a consent bythat member of the Bar to appear as associate counsel. Associate counsel shallbe a resident of Utah. The application form shall include:

(e)(1)the name, address, telephone number, fax number, e-mail address, baridentification number(s), and state(s) of admission of the applicant;

(e)(2)the name and number of the case in which the applicant is seeking to appear asthe attorney of record or, if the case has not yet been filed, a description ofthe parties;

(e)(3)the name, number, and court of other cases pending or closed within the priorfive years in any state or federal court of Utah in which the applicant or amember of the applicant's firm appears pro hac vice;

(e)(4) astatement whether, in any state, the applicant:

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

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

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

(e)(5) astatement that the applicant:

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

(e)(5)(B)is familiar with the rules of procedure and evidence, including applicablelocal rules;

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

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

(e)(6)the name, address, Bar identification number, telephone number, fax number, ande-mail address of the member of the Utah State Bar to serve as associatecounsel;

(e)(7)for resident counsel only, a copy of the Practice Pending Admission Certificate;and

(e)(8)any other information relevant to the standards for the admission of theapplicant.

(f) Utahcounsel associated with nonresident or resident counsel seeking admission pro hac vice shall:

(f)(1)file a motion for admission of the applicant pro hacvice;

(f)(2)serve the motion by mail, hand-delivery or facsimile on the Utah State Bar'sgeneral counsel on or before filing with the court and include a certificate ofservice with the motion evidencing service on the Bar's general counsel andupon the opposing parties, or, if represented, their counsel;

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

(f)(4)sign the first pleading filed;

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

(f)(6) beavailable to opposing counsel and the court for communication regarding thecase and the service of papers.

(g) Thecourt may require Utah counsel to appear at all hearings. Utah counsel shallhave the responsibility and authority to act for the client in all proceedingsif the nonresident attorney fails to appear or fails to respond to any order ofthe court.

(h) Anattorney admitted pro hac vice shall comply with andis subject to Utah statutes, rules of the Supreme Court, including the Rules ofProfessional Conduct and Article 5, Lawyer Discipline and Disability, the rulesof the court in which the attorney appears, and the rules of the Code ofJudicial Administration.

EffectiveMay 1, 2018