THE COURTS

PART I.  GENERAL

[231 PA. CODE CH. 1000]

Proposed Amendment of Rule 1012.1 Governing Motions for Admission Pro Hac Vice; Proposed Recommendation No. 236

[38 Pa.B. 5591]
[Saturday, October 11, 2008]

   The Civil Procedural Rules Committee proposes that Rule of Civil Procedure 1012.1 governing motions for admission pro hac vice be amended as set forth herein. The proposed recommendation is being submitted to the bench and bar for comments and suggestions prior to its submission to the Supreme Court of Pennsylvania.

   All communications in reference to the proposed recommendation should be sent no later than November 26, 2008 to:

Karla M. Shultz, Esquire
Counsel
Civil Procedural Rules Committee
5035 Ritter Road, Suite 700
Mechanicsburg, Pennsylvania 17055
 
or E-Mail to
civil.rulespa@courts.us

   The Explanatory Comment which appears in connection with the proposed recommendation has been inserted by the Committee for the convenience of the bench and bar. It will not constitute part of the rules of civil procedure or be officially adopted or promulgated by the Court.

Annex A

TITLE 231.  RULES OF CIVIL PROCEDURE

PART I.  GENERAL

CHAPTER 1000.  ACTIONS

Subchapter A.  CIVIL ACTION

VENUE AND PROCESS

Rule 1012.1.  Admission Pro Hac Vice. Motion. Content.

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   (b)(1)  The sponsor shall file a written motion for admission pro hac vice in the action for which admission is sought. The motion shall aver that (i) the information required by Section 81.504 of the IOLTA regulations has been provided to the IOLTA Board, and (ii) the motion shall either aver that the fee required by Section 81.505(a) of the IOLTA regulations has been paid, or shall include as an attachment a copy of a fee payment certification from the IOLTA Board, or shall aver that the payment of the fee is not required pursuant to Section 81.505(c) of the IOLTA regulations,

   (2)  The verifications required by subdivisions (c) and (d)(2) shall be attached to the motion.

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Explanatory Comment

   In 2007, the Supreme Court promulgated Rule 1012.1 governing motions for admission pro hac vice. In conjunction with this, the Supreme Court also amended Pa.B.A.R. 301 and promulgated new IOLTA regulations, both of which also govern admission pro hac vice. Pa.B.A.R. 301 requires that the motion for admission pro hac vice to aver that the fee required by the IOLTA regulations has been paid, or include as an attachment a copy of a fee payment certification from the IOLTA Board, unless payment of the fee is not required pursuant to Section 81.505(c) of the IOLTA regulations, and the information required by Section 81.504 of the IOLTA regulations has been provided to the IOLTA Board. The requirements of Pa.B.A.R. 301 and the IOLTA regulations have been incorporated into Rule 1012.1 to aid the practitioner in satisfying the requirements for admission pro hac vice in civil cases.

By the Civil Procedural
Rules Committee

STEWART L. KURTZ,   
Chair

[Pa.B. Doc. No. 08-1835. Filed for public inspection October 10, 2008, 9:00 a.m.]

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