| RULE 221. OUT-OF-STATE ATTORNEY –
PRO HAC VICE ADMISSION
An out-of-state attorney (as defined in Rule 220)
may be permitted to appear on a particular matter in any state
court of record under the following circumstances:
(1) Filing Requirements.
(a) In order to be permitted to appear as counsel in a state
trial court, the attorney must first:
(i) File a verified motion requesting permission to appear with
the trial court;
(ii) Designate an associate attorney who is admitted and licensed
to practice law in this state;
(iii) File a copy of the verified motion with the Clerk of the
Colorado Supreme Court at the Attorney Registration Office at
the same time the verified motion is filed with the trial court;
(iv) Pay a $250 fee to the Clerk of the Colorado Supreme Court
collected by the Attorney Registration Office; and
(v) Obtain permission from the trial court for such appearance.
(b) In the verified motion requesting permission to appear,
the attorney must include:
(i) A statement identifying all jurisdictions in which the attorney
has been licensed;
(ii) A statement identifying by date, case name, and case number
all other matters in Colorado in which pro hac vice admission
has been sought in the preceding five years, and whether such
admission was granted or denied;
(iii) A statement identifying all jurisdictions in which the
attorney has been publicly disciplined, or in which the attorney
has any pending disciplinary proceeding, including the date
of the disciplinary action, the nature of the violation, and
the penalty imposed;
(iv) A statement identifying the party or parties represented,
and that the attorney has notified the party or parties represented
of the verified motion requesting permission to appear;
(v) A statement that the attorney acknowledges he or she is
subject to all applicable provisions of the Colorado Rules of
Professional Conduct and the Colorado Rules of Civil Procedure,
and that such rules have been read and will be followed throughout
the pro hac vice admission, and that the verified motion complies
with those rules;
(vi) The name, address, and membership status of the licensed
Colorado attorney associated for purposes of the representation;
(vii) A certificate indicating service of the verified motion
upon all counsel of record and the attorney’s client in
the matter in which leave to appear pro hac vice is sought;
and
(viii) The signature of the licensed Colorado associate attorney,
verifying that attorney’s association on the matter.
((2) Names and Appearances. The name and address of the licensed
Colorado associate attorney must be shown on all papers served
and filed. The Colorado associate attorney shall appear personally
and, unless excused, remain in attendance with the attorney in
all appearances.
(3) Use of Fees. All fees collected by the Clerk of the Colorado
Supreme Court under this rule shall be used to fund the attorney
regulation system.
(4) Frequency of Appearances. A separate petition, fee, and
order granting permission are required for each action in which
an attorney appears in Colorado.
(5) Permission to Provide Information to Trial Court. The Colorado
Supreme Court offices may provide information to the trial court
that it believes relevant for the trial court’s ruling on
the pending motion to appear. The trial court nevertheless retains
all authority to rule on the motion as it deems appropriate.
(6) Appellate Matters and Other Forms of Review.
(a) If an attorney wants to appear in a proceeding before
a Colorado appellate court, and the attorney obtained permission
to appear in a proceeding involving the same action in a Colorado
state trial court, the attorney only needs to file an updated
affidavit with the Clerk of the Supreme Court at the Attorney
Registration Office. No additional filing fee is required.
(b) If an attorney wants to appear in a proceeding before a
Colorado appellate court and the attorney did not obtain permission
to appear in a proceeding involving the same action in a Colorado
state trial court or administrative agency, the attorney shall
file a motion and affidavit with the Clerk of the Colorado appellate
court, with a copy sent to the Clerk of the Supreme Court at
the Attorney Registration Office requesting permission to appear.
The motion, affidavit, and filing fee must be submitted as otherwise
provided in subsection (1) of this rule.
(7) Discipline and Disability Jurisdiction.
Any attorney who has received pro hac vice admission under this
rule shall be subject to all applicable provisions of the Colorado
Rules of Professional Conduct, except for the provisions of Colo.
RPC 1.15 that require an attorney to have a business account and
a trust account in a financial institution doing business in Colorado;
and the Colorado Rules of Civil Procedure, except C.R.C.P. 227
(general registration fees) and C.R.C.P. 260 (mandatory continuing
legal education). |
