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August 15, 2006
Common questions about filing motions to appear pro hac vice

By Lori S. Holcomb
UPL Counsel

On January 1, new rules regarding filing a Motion to Appear Pro Hac Vice and requiring the filing of a Verified Statement in arbitration proceedings came into effect. While both the Motion and the Verified Statement apply to attorneys who are not licensed in Florida, I often get questions from Florida attorneys assisting in the process. What follows are answers to commonly asked questions and problems we see with compliance:

Q – Is there a form Motion to Appear Pro Hac Vice that must be used?
A – Yes. Rule 2.061 requires that the form motion which is part of the rule be filed. The Florida Bar has a copy of the form motion on its Web site which you can download and print. From there you will get a link to the rule and the form motion.

Q – Is there a form Verified Statement?
A – Rule 1-3.11 of the Rules Regulating The Florida Bar requires an attorney not licensed in Florida to file a Verified Statement if the attorney wishes to represent someone in an arbitration proceeding in Florida. While the rule does not require that a particular form be used, The Florida Bar has developed a form motion which is on the website at the same link noted above.

Q – Where do I send the Motion or Verified Statement?
A – The address is on the form. It is PHV Admissions, 651 East Jefferson Street, Tallahassee, Florida 32399-2333.

Q – Does the Bar get the original or a copy?
A – The Bar gets a copy of the Motion to Appear Pro Hac Vice and either the original or a copy of the Verified Statement. Do not send the original motion to The Florida Bar. The original motion must be filed with the court before which the attorney wishes to appear.

Q – Will The Florida Bar rule on the Motion to Appear Pro Hac Vice?
A – No. A copy of the Motion must be sent to The Florida Bar as the Bar keeps track of the number of motions filed. The Florida Bar does not rule on the Motion. The court before which the attorney wishes to appear rules on the Motion. This is why you must file the original Motion with the court.

Q – Will The Florida Bar rule on the Verified Statement?
A – No. The Verified Statement is filed with The Florida Bar as the Bar keeps track of the number of statements filed.

Q – I understand that a $250 fee must be sent to The Florida Bar with a copy of the Motion. The same is true for the Verified Statement. Who do I send the check to?
A – The check is made out to The Florida Bar and sent to The Florida Bar at the address noted on the Motion or Verified Statement and above. Do not send the $250 fee to the clerk of the court.

Q – Isn’t there another fee that needs to be sent to the clerk?
A – Yes, there is a statutory $100 fee that needs to be sent to the clerk of the court before which the attorney wishes to appear. That fee is separate from the $250 which you must send to The Florida Bar. The check for the $100 should be made out to the appropriate clerk. Do not send that fee to The Florida Bar.

Q – Do I need to set a hearing on the Motion to Appear Pro Hac Vice?
A – That is up to the court. A hearing is not held before The Florida Bar or set by The Florida Bar.

Q – Do I need to set a hearing on the Verified Statement?
A – That is up to the rules of the entity before which you are appearing. A hearing is not held by The Florida Bar or set by The Florida Bar.

Q – Once I send the Motion or Verified Statement to The Florida Bar, will I hear from The Florida Bar or receive any type of notice from The Florida Bar?
A – You will not hear from The Florida Bar unless there is a problem.

Q – Do I have to put my business address and business telephone number on the Motion or Verified Statement?
A – Yes. The Florida Bar does not review the Motion or Verified Statement for sufficiency because The Florida Bar does not rule on the Motion or the Verified Statement. However, certain information must be included for tracking purposes and the business address and business telephone number are two pieces of information that must be included and are often omitted.

Q – Does the copy of the Motion to Appear Pro Hac Vice have the same information on it as the original that is filed with the court?
A – Yes.

[Revised: 12-25-2014]