Common questions about filing motions to appear pro hac vice
Before a lawyer licensed in another state may represent someone in court in Florida or appear in an arbitration proceeding in Florida, the lawyer must file a Motion to Appear Pro Hac Vice (for court) or a Verified Statement (for arbitration proceedings). What follows are answers to commonly asked questions:
Q – Is there a form Motion to Appear Pro Hac Vice that must be used?
A – Yes. Rule 2.510 of the Florida Rules of Judicial Administration requires that the form motion which is part of the rule be filed.
Q – Is there a form Verified Statement?
A – Yes. The Florida Bar has developed a form statement. You should consult rule 4-5.5 of the Rules Regulating The Florida Bar to determine whether you need to file a Verified Statement.
Q – Where do I send the Motion or Verified Statement?
A – Send to PHV Admissions, 651 East Jefferson Street, Tallahassee, Florida 32399-2300.
Q – Does the Bar get the original or a copy?
A – The Bar gets a copy. The original is filed with the court or the arbitration panel/body.
Q – Does The Florida Bar rule on the Motion to Appear Pro Hac Vice?
A – No. The court before which the lawyer wishes to appear rules on the Motion. This is why you must file the original Motion with the court.
Q – Will the Bar rule on the Verified Statement?
A – No.
Q – The Motion to Appear Pro Hac Vice and the Verified Statement require a $250 fee to The Florida Bar. Who do I send the check to?
A – The check is made out to The Florida Bar and sent to The Florida Bar, PHV Admissions, 651 East Jefferson Street, Tallahassee, Florida 32399-2300.
Q – Is there another fee that needs to be sent to the clerk when a Motion to Appear Pro Hac Vice is filed?
A – Yes. There is a $100 statutory filing fee that needs to be paid to the court before which the lawyer wishes to appear. That fee is separate from the $250 fee which you must send 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 set by The Florida Bar or held before The Florida Bar.
Q – Do I need to set a hearing on the Verified Statement in the arbitration matter?
A – That is up to the rules of the entity before which you are appearing. A hearing is not held by The Florida Bar.
Q – Once The Florida Bar has received the Motion or Verified Statement, will I hear from The Florida Bar?
A – No. You will not hear from The Florida Bar unless there is a problem.
Q – How many Motions or Statements do you have to file if more than one lawyer from the firm is appearing?
A – Each lawyer must file a Motion to Appear Pro Hac Vice or a Verified Statement. You must send the $250 fee for each Motion or Statement. Therefore, if 3 lawyers are appearing, the fee will be $750. You may send one check, as long as it is attached to the Motions or Statements.
Q – How do I electronically file the Motion to Appear Pro Hac Vice?
A – You will find information about electronic filing here.
E-Filing by Pro Hac Vice Attorneys In Florida State Courts
Effective 12:01 a.m., Monday, April 1, 2013, e-filing through the Portal will be mandatory in state trial courts and civil divisions for all attorneys. In order to e-file you must register with the Portal. In order to register with the Portal you must have a Pro Hac Vice (PHV) number.
New Requests to Appear
Your PHV number will be assigned by The Florida Bar once we have received and processed a copy of your Motion to Appear Pro Hac Vice and the $250.00 fee as required by Florida Rule of Judicial Administration 2.510. Pursuant to the rule, you must continue to file a Motion to Appear Pro Hac Vice with the court and send a copy to The Florida Bar with the $250.00 fee in every case in which you wish to appear, even after you have a PHV number. You will receive your PHV number in the mail from The Florida Bar after processing. PHV numbers will not be given out over the telephone. Remember that The Florida Bar is merely assigning a PHV number to access the Portal for filing. The Florida Bar will not be ruling on the Motion and the issuance of a PHV number does not give you permission to appear in a matter. Only a court can grant that permission. Your PHV number is not a Florida Bar number and may not be used to appear in cases when not authorized by the court. Until you receive your PHV number, all pleadings, including the initial Motion, must be e-filed by the local Florida attorney designated in your motion. You should make arrangements with the local attorney regarding filing.
Requests to Appear From January 1, 2010 to March 15, 2013
If you sent a copy of your Motion to Appear Pro Hac Vice along with the $250 fee to The Florida Bar between January 1, 2010, and March 15, 2013, your PHV number was recently mailed to you at the address on the motion. If the case is still pending, you may use the PHV number to access the Portal and file pleadings in that case. Pursuant to Florida Rule of Judicial Administration 2.510, you must file a new Motion to Appear Pro Hac Vice with the court and send a copy to The Florida Bar with the $250 fee in every case in which you wish to appear, even though you now have a PHV number. Remember that The Florida Bar is merely assigning a PHV number to access the Portal for filing. The Florida Bar will not be ruling on the Motion and the issuance of a PHV number does not give you permission to appear in a matter. Only a court can grant that permission. Your PHV number is not a Florida Bar number and may not be used to appear in cases when not authorized by the court. Until you have received your PHV number, all pleadings, including the initial Motion, must be e-filed by the local attorney designated in your Motion. You should make arrangements with the local attorney regarding filing.
Requests to Appear Prior to January 1, 2010
If you sent a copy of your Motion to Appear Pro Hac Vice along with the $250 fee to The Florida Bar prior to January 1, 2010 and the case you are appearing in is still pending, call The Florida Bar at 850-561-5840 for further instructions.
Questions regarding the rules should be directed to the Unlicensed Practice of Law Department of The Florida Bar, 651 East Jefferson Street, Tallahassee, Florida 32399-2300, or (850) 561-5840.
