California Rule of Court 9.40 governs California's pro hac vice admission for attorneys that are seeking admission. An attorney admitted under pro hate vice can practice in the state before any local board, state court, or governmental admin agency in the state. They will also be admitted if there is a transfer of venue or an appeal. The court can revoke their California pro hac vice admission at any time if it has jurisdiction. For superior court cases attorneys admitted under California pro hac vice must follow Rule 8.54 of the California appellate rules.
Eligibility Under California Pro Hac Vice
California Pro Hac Vice admission is required for all of the following:
- Cases brought before a California court
- Cases brought before a governing agency in California
- Mediaton, arbitration, and other dispute resolution hearings that are issued by a court to be done in the state of California (unless they were contracted voluntarily)
- Discover and settlement negotiations involving the State of California or any of its constitutes.
Attorneys must be:
- In good standing in all other jurisdictions where admitted
- Of good moral character
- Cannot be residents of the state of California
- Cannot be considered substantially involved with professional or business activities in California
To be admitted under California pro hac vice rules, attorneys attempting to get admitted must be associated with an already admitted attorney that is in good standing of the state bar. The local California lawyer must also have their name and bar number on all orders, notices, pleadings, or documentation associated with the court and the case. They may also have to participate in certain pretrial proceedings. The local California lawyer will also be jointly reliable for any bad conduct engaged in by the non admitted attorney. Attorneys practicing based on California pro hac vice cannot begin to appear in court until the court approves. Once the motion for the attorney to be admitted is approved if the case is transferred under venue rules or there is an appeal the new court can still revoke the attorneys ability to appear, unless the original court had proper jurisdiction.
Pro Hac Vice Application
The ability for an attorney to be admitted to a state based on pro hac vice is wholly dependent on the discretion of the ruling board, court or government admin agency. Usually an attorney in good standing and licensed in another state will be able to obtain California pro hac vice on a temporary status if they follow the application procedures as required.