Amended Supreme Court Rule 38(a), the Pro Hac Vice Rule, adopted by the Supreme Court is effective January 1, 2009. The State Bar is the record repository for all who apply for pro hac vice admission. Arizona attorneys associating with out-of-state counsel appearing pro hac vice and out-of-state lawyers seeking pro hac vice admission in Arizona should be aware of the changes in Supreme Court Rule 38(a).

The amended rule includes the following substantive changes:

Applicants must pay a non-refundable application fee of $460.00 that is equal to the current dues paid by active members of the State Bar of Arizona for the calendar year in which such application is filed. Fifteen percent of the non-refundable application fee paid pursuant to the this rule shall be deposited into a civil legal services fund to be distributed by the Arizona Foundation for Legal Services and Education entirely to approved legal services organizaitons, as that term is defined in subparagraph (f) of this rule.

The amended rule remains unchanged as follows:

A Certificate of Good Standing from each state or court in which the applicant has been admitted must accompany the Verified Application. The Arizona attorney who associates with the out-of-attorney will be required to file a Motion to Associate Counsel pro hac vice and submit a Proposed Order.

The applicant must list each application for admission pro hac vice filed in the previous three years and must reveal whether the application was granted or denied.

The applicant must identify all of the courts to which the applicant has been admitted and must attest to being in good standing with each of the courts.

The applicant must affirm that he or she is neither disbarred nor suspended in any court.

Admission pro hac vice under this rule is discretionary with the court in which the application for admission is made.

The rule does not contemplate pro hac vice appearances by attorneys licensed elsewhere, but who reside in the State of Arizona. The U. S. District Court in Arizona and the U.S. Bankruptcy Court have their own requirements and forms governing pro hac vice appearances which can be accessed at www.azd.uscourts.gov or www.azb.uscourts.gov.

Summary of Pro Hac Vice Instructions and Information

What does an applicant need?

• Original and one (1) copy of verified application.  (Download the form)
• An original certificate of good standing from each jurisdiction where applicant has been admitted.
• A motion to associate local counsel.  (Download Sample Motion)
• A proposed order.  (Download Sample Order)
• An Arizona sponsoring attorney.
• A check in the amount of $460.00.

What Gets Filed Where and When

In order to process the application and issue a Notice of Receipt of Complete Application, the Bar needs: (1) the original signed and notarized application; (2) the original certificate(s) of good standing; and (3) a check in the proper amount made payable to the State Bar of Arizona.

Please send to:

State Bar of Arizona
Pro Hac Vice
4201 N. 24th Street, Suite 200
Phoenix, AZ 85016-6288

If the documents are in proper order, the Bar will mail a Notice of Receipt of Complete Application along with the original verified application and original certificates of good standing to local counsel.

Arizona counsel should then file with the court: the original motion with (1) original verified application, (2) Notice of Receipt of Complete Application, (3) the original certificate(s) of good standing, together with proof of service on all parties. Arizona counsel shall also include an original proposed order granting or denying the motion.

Local counsel shall mail a copy of the final order granting or denying the motion to the State Bar of Arizona. Please contact the State Bar at 602-340-7239 or toll-free at 1-866-482-9227 with any questions you may have.