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Pro Hac Vice Appearance

Detailed Instruction on how to docket and pay PHV Motion

RULES GOVERNING THE ADMISSION, PRACTICE, PEER REVIEW, AND DISCIPLINE OF ATTORNEYS

RULE 4. APPEARANCES

(a) Who May Appear Generally.  Except when an appearance pro hac vice is permitted by the Court, only members of the bar of this Court may appear as attorneys before this Court.  Attorneys residing within this district and practicing before this Court are expected to be members of the bar of this Court.

(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 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 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 representations 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) The pro hac vice motion shall designate at least one member of the bar of this Court and 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.

(c) Appearance Ad Hoc.  An attorney acting on behalf of this Court’s Volunteer Attorney Program may, upon written motion and by leave of court, be permitted to appear for an individual proceeding pro se in a civil matter for the sole purpose of assisting in the discovery process.  If the appearance is permitted, when its purpose has been completed the attorney shall give notice to the Court, the pro se civil litigant, and opposing counsel that the ad hoc appearance is terminated.

(d) Government Attorneys.  Any full-time United States Attorney, Assistant United States Attorney, Federal Public Defender and Assistant Federal Public Defender and attorney employed full time by and representing the United States government, or any agency thereof, and any Attorney General and Assistant Attorney General of the State of Florida may appear and participate in particular actions or proceedings on behalf of the attorney’s employer in the attorney’s official capacity without petition for admission.  Any attorney so appearing is subject to all rules of this Court.

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.

Click here to see Section 2B of the CM/ECF Administrative Procedures

An attorney who has been permitted to appear pro hac vice will not be permitted to register as a User in this District, but may access the electronic record through the PACER System (see Section 7B). All documents, including the motion to appear pro hac vice, must be filed electronically through their local counsel (who must be associated with the case pursuant to Local Rule 4(b) of the Rules Governing the Admission and Practice of Attorneys).

Although attorneys admitted pro hac vice will not be permitted to file electronically, they will be able to electronically receive Notices of Electronic Filing. Such requests should be included in motions to appear pro hac vice and in the accompanying proposed order. E-mail addresses must be provided in both the motion and proposed order in order to receive electronic notices.

Sample Motion to Appear Pro Hac Vice and Order (updated 12/03/2018)

Sample Motion to Appear Pro Hac Vice and Order (updated 12/03/2018)