Frequently Asked Questions

  1. When did the new pro hac vice registration requirement take effect?
  2. If the proceeding was initiated prior to the effective date of Gov.Bar R. XII (Jan. 1, 2011), is pro hac vice registration required?
  3. If a tribunal granted an out-of-state attorney permission to appear pro hac vice prior to Jan. 1, 2011, is registration required?
  4. How does an out-of-state attorney apply for pro hac vice registration?
  5. In what types of proceedings must an out-of-state attorney comply with the pro hac vice registration requirements?
  6. Does an out-of-state attorney have to associate with an active Ohio attorney?
  7. Does an out-of-state attorney with a case in federal court in Ohio have to apply for pro hac vice registration with the Supreme Court of Ohio?
  8. How many times may an out-of-state attorney receive permission to appear pro hac vice in Ohio proceedings?
  9. Will the out-of-state attorney receive written confirmation of compliance with the pro hac vice registration requirements?
  10. May the Certificate of Pro Hac Vice Registration be duplicated?
  11. Once the out-of-state attorney receives the Certificate of Pro Hac Vice Registration, is the attorney admitted pro hac vice in the proceeding?
  12. Is there a pro hac vice renewal requirement?
  13. What is the deadline for pro hac vice registration renewal?
  14. Is an out-of-state pro hac vice attorney required to notify the Supreme Court of Ohio Office of Attorney Services if the proceeding has concluded or the attorney has withdrawn from the proceeding?
  15. Can the pro hac vice registration fee be waived?
  16. What if the out-of-state attorney is required to appear in a proceeding fewer than five business days from the date of an application for pro hac vice registration?
  17. If the case is before the Supreme Court of Ohio, does the out-of-state attorney have to file a motion for permission to appear pro hac vice?

1. When did the new pro hac vice registration requirement take effect?

Jan. 1, 2011, pursuant to Rule XII of the Supreme Court Rules for the Government of the Bar (Gov.Bar R. XII).

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2. If the proceeding was initiated prior to the effective date of Gov.Bar R. XII (Jan. 1, 2011), is pro hac vice registration required?

Yes, if the motion for permission to appear pro hac vice will be filed after Jan. 1, 2011.

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3. If a tribunal granted an out-of-state attorney permission to appear pro hac vice prior to Jan. 1, 2011, is registration required?

No, Gov.Bar R. XII only applies to new motions for permission to appear pro hac vice filed after Jan. 1, 2011.

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4. How does an out-of-state attorney apply for pro hac vice registration?

Online registration is preferred and available on the Pro Hac Vice Admission Web page. Step-by-step instructions for online registration are also available on the Web page. If an out-of-state attorney does not have Internet access, registration forms are available for download.

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5. In what types of proceedings must an out-of-state attorney comply with the pro hac vice registration requirements?

Under Gov.Bar R. XII, the pro hac vice registration requirements apply in proceedings involving “an adjudicative matter pending before a tribunal.” A tribunal is defined as a “court, legislative body, administrative agency, or other body acting in an adjudicative capacity.” Acting in an adjudicative capacity occurs when “a neutral official, after the presentation of evidence or legal argument by a party or parties, will render a binding legal judgment directly affecting a party’s interests in a particular matter.”

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6. Does an out-of-state attorney have to associate with an active Ohio attorney?

Yes, Gov.Bar R. XII, Section 2(A)(6), requires a motion for permission to appear pro hac vice to name “an active Ohio attorney, in good standing, who has agreed to associate with the out-of-state attorney.”

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7. Does an out-of-state attorney with a case in federal court in Ohio have to apply for pro hac vice registration with the Supreme Court of Ohio?

No, the Supreme Court of Ohio does not have jurisdiction over federal matters. The federal court’s local rules should be consulted for pro hac vice procedure.

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8. How many times may an out-of-state attorney receive permission to appear pro hac vice in Ohio proceedings?

As stated in Gov.Bar R. XII, Section 2(A)(5), an out-of-state attorney may receive permission to appear in no more than three proceedings in the same calendar year. Appeals, transfers, and consolidations do not count toward the annual limitation if the out-of-state attorney participated in the initial proceeding. Only one pro hac vice registration (or renewal) is required per calendar year.

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9. Will the out-of-state attorney receive written confirmation of compliance with the pro hac vice registration requirements?

After registration is complete and the required Affidavit is received by the Supreme Court of Ohio Office of Attorney Services, the out-of-state attorney will receive an email confirmation with a downloadable Certificate of Pro Hac Vice Registration.

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10. May the Certificate of Pro Hac Vice Registration be duplicated?

Yes. Every motion for permission to appear pro hac vice must include a copy of the Certificate of Pro Hac Vice Registration.

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11. Once the out-of-state attorney receives the Certificate of Pro Hac Vice Registration, is the attorney admitted pro hac vice in the proceeding?

No, the out-of-state attorney must still file a motion for permission to appear pro hac vice with the tribunal and the tribunal ultimately determines whether the motion should be granted or denied.

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12. Is there a pro hac vice renewal requirement?

Yes. If an out-of-state attorney continues to appear in a proceeding as of the first day of a new calendar year, the attorney must pay a renewal fee and update the registration form. Renewals will be processed through the online pro hac vice registration system.

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13. What is the deadline for pro hac vice registration renewal?

Jan. 31. The Office of Attorney Services will send renewal invoices in December.

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14. Is an out-of-state pro hac vice attorney required to notify the Supreme Court of Ohio Office of Attorney Services if the proceeding has concluded or the attorney has withdrawn from the proceeding?

Yes. Gov.Bar R. XII, Section 5, requires the out-of-state pro hac vice attorney to notify the Office of Attorney Services of these events by the deadline for renewal (Jan. 31).

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15. Can the pro hac vice registration fee be waived?

Pursuant to Gov.Bar R. XII, Section 2(A)(4), only an attorney representing an amicus curiae in support of an indigent defendant in a criminal matter may request a fee waiver. The fee waiver may be requested using the online pro hac vice registration system. The waiver does not apply to other proceedings in which the attorney requests permission to appear pro hac vice.

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16. What if the out-of-state attorney is required to appear in a proceeding fewer than five business days from the date of an application for pro hac vice registration?

The Office of Attorney Services processes applications for pro hac vice registration as expeditiously as possible.  However, Gov. Bar R. XII, Section 3, also permits the out-of-state attorney to file a motion for permission to appear pro hac vice instanter with the tribunal. Prior to filing the motion, the out-of-state attorney must apply for pro hac vice registration and pay the registration fee. The motion must include a time stamped copy of the application for pro hac vice registration. The Office of Attorney Services will provide time stamped copies of online and paper applications upon request.

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17. If the case is before the Supreme Court of Ohio, does the out-of-state attorney have to file a motion for permission to appear pro hac vice?

Yes.  Out-of-state attorneys seeking permission to appear pro hac vice in a Supreme Court case must comply with both Gov.Bar R. XII, which governs pro hac vice registration, and Rule 1.2 of the Supreme Court Rules of Practice, which governs admission pro hac vice in cases actually before the Supreme Court. The Supreme Court Office of Attorney Services oversees pro hac vice registration while the Supreme Court Office of the Clerk receives motions for permission to appear pro hac vice (Supreme Court cases only).  Completing a pro hac vice registration through the Office of Attorney Services does not constitute compliance with Rule 1.2.  Motions for permission to appear pro hac vice in cases before the Supreme Court must be filed with the Office of the Clerk, not the Office of Attorney Services.  If the case is not before the Supreme Court, the motion for permission to appear is filed with the tribunal that will hear the case.

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