Frequently Asked Questions

  1. How does an out-of-state attorney apply for pro hac vice registration?
  2. In what types of proceedings must an out-of-state attorney comply with the pro hac vice registration requirements?
  3. Does an out-of-state attorney have to associate with an active Ohio attorney?
  4. 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?
  5. How many times may an out-of-state attorney receive permission to appear pro hac vice in Ohio proceedings?
  6. Will the out-of-state attorney receive written confirmation of compliance with the pro hac vice registration requirements?
  7. May the Certificate of Pro Hac Vice Registration be duplicated?
  8. Once the out-of-state attorney receives the Certificate of Pro Hac Vice Registration, is the attorney admitted pro hac vice in the proceeding?
  9. Is there a pro hac vice renewal requirement?
  10. What is the deadline for pro hac vice registration renewal?
  11. Is an out-of-state pro hac vice attorney required to notify the Supreme Court of Ohio Office of Bar Admissions if the proceeding has concluded or the attorney has withdrawn from the proceeding?
  12. Can the pro hac vice registration fee be waived?
  13. 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?
  14. What if an out-of-state attorney does not renew their pro hac vice registration on time?
  15. What if an out-of-state attorney does not submit a Notice of Permission on time?
  16. What if an out-of-state attorney does not notify the Office of Bar Admissions that a case has concluded or they have withdrawn on time?

1. 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 registration system. Step-by-step instructions for online registration are also available.

The out-of-state attorney must also submit an Affidavit of Applicant via mail.  The Affidavit of Applicant must include the out-of-state attorney’s original signature, properly notarized, and must match the information provided on the online registration.  An out-of-state attorney is not fully registered for pro hac vice unless and until the Affidavit of Applicant is received and approved by the Office of Bar Admissions.  Note: The Affidavit of Out-of-State Attorney is not to be filed with the Office of Bar Admissions but is submitted with the motion for permission to appear pro hac vice with the tribunal where they wish to appear.

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

Yes, Gov.Bar R. XII, Section 2(A)(7), 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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4. 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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5. 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)(6), 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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6. 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 of Applicant is received by the Office of Bar Admissions, the out-of-state attorney will receive an email confirmation with a downloadable Certificate of Pro Hac Vice Registration.  The email is sent to the email address on file with the account.  It is also always available on the online registration system as well.

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7. 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. The certificate is emailed to the address on file. It is also always available on the online registration system as well.

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8. 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.  The motion must include the Certificate of Pro Hac Vice registration and the Affidavit of Out-of-State Attorney. Note: This affidavit is not the same as the Affidavit of Applicant that is filed with the Supreme Court of Ohio, Office of Bar Admissions.

If the tribunal grants the motion for permission to appear pro hac vice, the out-of-state attorney must file a Notice of Permission on their online account and upload a copy of the order within 30 days of the order being granted.  Failure to do so results in the automatic exclusion from the practice of law in Ohio.  See Gov. Bar R. XII, Section 4.  The Notice of Permission and order should be filed online, but the out-of-state attorney may file the Notice of Permission and order via mail.

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9. 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, renew their online registration, and submit a new Affidavit of Applicant for each year.

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

Jan. 31. The Office of Bar Admissions will send renewal notifications via email in December.

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

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

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

Pursuant to Gov. Bar R. XII, Section 2(A)(5), 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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13. 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 Bar Admissions 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 Bar Admissions 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 Bar Admissions.  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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14. What if an out-of-state attorney does not renew their pro hac vice registration on time?

In the event an out-of-state attorney does not renew their pro hac vice registration by January 31, they are considered excluded from the practice of law.  The out-of-state attorney must submit a petition to the Office of Bar Admissions requesting the reinstatement of their pro hac vice registration.  The petition should include the out-of-state attorney’s original signature, explain why the out-of-state attorney did not timely renew their registration, and, if not previously submitted, include an Affidavit of Attorney for the new year.  The out-of-state attorney must also complete a registration for the new year and pay the renewal fee.

If the petition is satisfactory, the Office of Bar Admissions will grant the petition and reinstate the out-of-state attorney’s pro hac vice registration and will notify the tribunal that the out-of-state attorney has been reinstated.  Until the petition is granted, the out-of-state attorney is excluded from the practice of law in Ohio.

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15. What if an out-of-state attorney does not submit a Notice of Permission on time?

In the event an out-of-state attorney does not submit a Notice of Permission within 30 days of the tribunal granting permission to appear in the matter, the out-of-state attorney is considered excluded from the practice of law.  The out-of-state attorney must submit a petition to the Office of Bar Admissions requesting the reinstatement of their pro hac vice registration.  The petition should include the out-of-state attorney’s original signature, explain why the out-of-state attorney did not timely file the Notice of Permission, and, if not previously submitted, include a Notice of Permission, and the order granting their permission in the matter.

If the petition is satisfactory, the Office of Bar Admissions will grant the petition and reinstate the out-of-state attorney’s pro hac vice registration and will notify the tribunal that the out-of-state attorney has been reinstated. Until the petition is granted, the out-of-state attorney is excluded from the practice of law in Ohio.

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16. What if an out-of-state attorney does not notify the Office of Bar Admissions that a case has concluded or they have withdrawn on time?

In the event an out-of-state attorney does not notify the Office of Bar Admissions that a case has concluded or they have withdrawn by January 31, the out-of-state attorney must submit a petition to the Office of Bar Admissions requesting the reinstatement of their pro hac vice registration.  The petition should include the out-of-state attorney’s original signature, explain why the out-of-state attorney did not timely file notify the Office of Bar Admissions of the case status, and, if not previously submitted, include the order closing the case or withdrawing their appearance.

If the petition is satisfactory, the Office of Bar Admissions will grant the petition.  The out-of-state attorney must comply with all other requirements in order to renew their pro hac vice registration.

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