1. What is Pro Hac Vice (PHV)?
   
2. What are the requirements of PHV?
   
3. Where do I mail the State Bar's copy of my application?
   
4. What is the State Bar's processing fee for a PHV application?
   
5. Can I fax my application to the State Bar?
   
6. Does the State Bar have a standard application form for PHV?
   
7. What information is required in a PHV application?
   
8. What type of matters are within the jurisdiction of practicing PHV in the state of California?
   
9. Will I get a confirmation or receipt from the State Bar when my application has been processed?
   
10. I am in the process of moving to California or have just moved to California. Can I still apply PHV?
    
11. How many times may I appear Pro Hac Vice?
    
12. Am I required to serve the State Bar with copies of subsequent filings made with the Court?
    
13. Does my California attorney of record need to be present at all court appearances?
    

1. What is Pro Hac Vice (PHV)?

Answer: Pro Hac Vice allows an attorney who is not a member of The State Bar of California appear in a pending California court proceeding. The attorney must be a member in good standing of and eligible to practice before any bar of the United States of America.

2. What are the requirements of PHV?

Answer: According to California Rules of Court rule 9.40, out-of-state attorneys may apply to appear in a California state court Pro Hac Vice (PHV), provided they meet the rule requirements. The out-of-state attorney must provide the name and address of the California attorney of record and disclose the title of court in which the out-of-state attorney has applied to appear pro hac vice within the preceding two years.

The application must be filed with the court in which the out-of-state attorney wishes to appear; a copy of the application is to be served on The State Bar of California. The State Bar is considered the custodian of records for PHV applications and does not approve or disapprove the PHV application.

Approval of the application is determined by the court in which the attorney wishes to appear.

3. Where do I mail the State Bar's copy of my application?

Answer:

The State Bar of California
Office of Special Admissions and Specialization
180 Howard Street
San Francisco, CA 94105

4. What is the State Bar's processing fee for a PHV application?

Answer: The filing fee is $50, per attorney, per case.

5. Can I fax my application to the State Bar?

Answer: Do not fax an application since the $50 processing fee is required with the accompanying application.

6. Does the State Bar have a standard application form for PHV?

Answer: Not at this time. Applications are accepted in a form of copies of moving papers filed with the Court in which the out-of-state attorney wishes to appear.

7. What information is required in a PHV application?

Answer: A detailed list of what the application will need to include can be found in rule 9.40.

Briefly, the application will need to include:

• the case name and number
• the court name
• a declaration by the out-of-state attorney containing:
• • the attorney's name, home and business address
  • where the attorney is licensed to practice
  • a statement indicating the member's "good standing" status in their home state
  • the name, phone number, address and bar number of the California attorney of record

• It is advisable to speak with the clerk of the court you are applying to for information regarding their own requirements.

8. What type of matters are within the jurisdiction of practicing PHV in the state of California?

Answer: Appearing PHV in California is limited to California state matters only. Federal matters are not within our jurisdiction.

9. Will I get a confirmation or receipt from the State Bar when my application has been processed?

Answer: Yes, you will receive a confirmation either by mail, or by fax. Most judges will accept the listing of the State Bar's name, address, and declaration of payment on a proof of service as sufficient proof that the State Bar has received notice of the application - although this is based on the discretion of the individual judge.

10. I am in the process of moving to California or have just moved to California. Can I still apply PHV?

Answer: No. If you reside in California you will not be eligible for a pro hac vice appearance.

11. How many times may I appear Pro Hac Vice?

Answer: There is no hard and fast rule to determine this. It is usually up to the discretion of the particular court. The spirit of the rule that the Court will follow mandates that out-of-state attorneys not abuse the PHV application by using it on a regular basis as a substitute for practicing in California.

12. Am I required to serve the State Bar with copies of subsequent filings made with the Court?

Answer: No. You are only required to serve the initial moving papers on The State Bar of California.

13. Does my California attorney of record need to be present at all court appearances?

Answer: Since every court has different requirements, please check with the Court in which the application is made.