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How do I file pro hac vice (PHV)?

Category: 
Attorney Resources
Answer: 

Pursuant to Rule 4(b) of the Rules Governing the Admission, Practice, Peer Review, and Discipline of Attorneys:

(b) Appearance Pro Hac Vice.

(1) An attorney who is a member in good standing of the bar of any United States Court, or of the highest Court of any State or Territory or Insular Possession of the United States, but is not admitted to practice in the Southern District of Florida may, upon submission of a pro hac vice motion filed and served by co-counsel admitted to practice in this District, be permitted to appear and participate in a particular case. A certification that the applicant has studied the Local Rules, is a member in good standing of a qualifying bar, and has not filed more than three pro hac vice motions in different cases in this District within the last 365 days shall accompany the pro hac vice motion together with such appearance fee as may be required by administrative order. If permission to appear pro hac vice is granted, such appearance shall not constitute formal admission or authorize the attorney to file documents via CM/ECF.

(2) Lawyers who are not members of the bar of this Court shall not be permitted to engage in general practice in this District. For purposes of this rule, the filing of more than three motions to appear pro hac vice within a 365-day period in separate cases before the Courts of this District shall be presumed to be a “general practice.” Upon written motion and for good cause shown the Court may waive or modify this prohibition.

(3) A pro hac vice motion shall conform to the form provided for these purposes on the Court’s website and designate at least one member of the bar of this Court who is authorized to file through the Court’s electronic filing system, with whom the Court and opposing counsel may readily communicate regarding the conduct of the case, upon whom filings shall be served, and who shall be required to electronically file and serve all documents and things that may be filed and served electronically, and who shall be responsible for filing and serving documents in compliance with the CM/ECF Administrative Procedures. See Section 2B of the CM/ECF Administrative Procedures. The pro hac vice motion must be accompanied by a written statement consenting to the designation, and the address and telephone number of the named designee(s). Upon written motion and for good cause shown the Court may waive or modify the requirements of such designation.

(4) An attorney admitted pro hac vice for one or more parties may appear on behalf of additional parties in the same case by filing a Notice of Appearance Pro Hac Vice. No additional appearance fee is required. The Notice must state that all information provided in support of the initial pro hac vice motion remains current and correct, including the sponsoring co-counsel. If any such information has changed since the filing of the initial pro hac vice motion, the attorney may not use the notice procedure set forth herein and must instead repeat the process described in paragraphs (1) and (3) above.

Effective December 1, 1994. Amended effective Jan. 1, 1996; April 15, 2007; April 15, 2010; December 1, 2014; December 1, 2015; December 1, 2017; December 3, 2018; December 1, 2022.

A sample motion is located on our website [https://www.flsd.uscourts.gov/pro-hac-vice-appearance ].