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PA Bulletin, Doc. No. 13-2416

THE COURTS

Title 204—JUDICIAL SYSTEM GENERAL PROVISIONS

PART IV. ADMISSION TO PRACTICE LAW

[ 204 PA. CODE CH. 71 ]

Order Amending Rule 301 of the Pennsylvania Bar Admission Rules; No. 618 Supreme Court Rules Doc.

[43 Pa.B. 7543]
[Saturday, December 28, 2013]

Order

Per Curiam

 And Now, this 10th day of December, 2013, the proposal having been submitted without publication pursuant to Pa.R.J.A. No. 103(a)(3) in the interests of efficient administration:

 It Is Ordered, pursuant to Article V, Section 10 of the Constitution of Pennsylvania that Rule 301 of the Pennsylvania Bar Admission Rules is amended in the following form.

 This Order shall be processed in accordance with Pa.R.J.A. No. 103(b), and shall be effective February 10, 2014.

Annex A

TITLE 204. JUDICIAL SYSTEM GENERAL PROVISIONS

PART IV. ADMISSION TO PRACTICE LAW

CHAPTER 71. PENNSYLVANIA BAR ADMISSION RULES

Subchapter C. RESTRICTED PRACTICE OF LAW

IN GENERAL

Rule 301. Admission pro hac vice.

 (a) General rule. The provisions of Subchapter B of these rules (relating to admission to the bar generally) do not apply to motions for admission pro hac vice. An attorney, barrister or advocate who is qualified to practice in the courts of another state or of a foreign jurisdiction may be specially admitted to the bar of this Commonwealth for purposes limited to a particular [matter] case. An attorney, barrister or advocate admitted pro hac vice in a [matter] case shall not thereby be authorized to act as attorney of record in [such matter] the case.

 (b) Procedure. The general requirements for applicants seeking admission pro hac vice are:

 (1) Applicants shall provide such information and pay such fee to the Pennsylvania Interest on Lawyer Trust Account (IOLTA) Board as is required by the regulations concerning pro hac vice admission that have been adopted by the IOLTA Board and approved by the Court.

 [(2) Pro hac vice admissions shall be only on motion of a member of the bar of this Commonwealth. Except as otherwise prescribed by general rule, such motion shall be signed by the member of the bar, shall recite all relevant facts, including, if applicable, those averments required by regulations adopted by the IOLTA Board, and shall be filed with the clerk of the court in which or with the magisterial district judge before which the matter is pending at least three days prior to the appearance before the court or magisterial district judge by the attorney, barrister, or advocate seeking pro hac vice admission. Any court or magisterial district judge shall grant such a motion unless good cause for denial shall appear, which shall include failure to comply with applicable regulations promulgated by the IOLTA Board.]

 (2) Upon an applicant's compliance with the administrative requirements of paragraph (b)(1):

 (i) The applicant's candidacy for pro hac vice admission shall be made by motion by a sponsor, who is member of the bar of this Commonwealth in accordance with Pennsylvania Rule of Civil Procedure 1012.1 (Admission Pro Hac Vice. Motion. Content);

 (ii) The motion for the applicant's candidacy for pro hac vice admission shall be filed by the sponsor with the clerk of the court in which or with the magisterial district judge before which the case is pending at least three days prior to the appearance before the court or magisterial district judge by the attorney, barrister, or advocate seeking pro hac vice admission; and

 (iii) In capital cases, wherein the applicant seeks pro hac vice admission as defense counsel, the requirements of Pennsylvania Rule of Civil Procedure 1012.1(c) shall be supplemented to demonstrate compliance with the requirements of Pennsylvania Rule of Criminal Procedure 801 (Qualifications for Defense Counsel in Capital Cases).

 (3) The oath shall not be required.

 Official Note: Based on U.S. Supreme Court Rule 6 and on former Supreme Court Rule 13 (last paragraph).

 Paragraph (b) was amended in 2013 to establish a uniform procedure for pro hac vice admissions in Pennsylvania using existing Pennsylvania Rule of Civil Procedure 1012.1. As set forth in paragraph (b)(1), applicants seeking admission first must satisfy the administrative requirements of the IOLTA Board. See 204 Pa. Code § 81.501—.506. Upon satisfaction of these requirements, the IOLTA Board will send the applicant's sponsor written certification. Pursuant to paragraph (b)(2), the sponsor is required to file a motion with the appropriate court seeking approval of the applicant's candidacy for admission pro hac vice. The required content and disposition of the motion are contained in Pennsylvania Rule of Civil Procedure 1012.1. The term, ''motion,'' is colloquially used insomuch as the sponsor should proceed via ''application'' pursuant to Pennsylvania Rule of Appellate Procedure 123 (Application for Relief) in the appellate courts and ''request'' pursuant to Pennsylvania Rule of Civil Procedure before Magisterial District Judges 207 in magisterial district courts.

[Pa.B. Doc. No. 13-2416. Filed for public inspection December 27, 2013, 9:00 a.m.]


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