2090-1(b): Attorneys: Not Licensed in California: PRO HAC VICE APPLICATION
LBR 2090-1(b) provides the procedure for a nonresident attorney to file an application to be admitted pro hac vice to practice in the Central District of California.
- Procedures for admission to practice in the Central District of California must comply with Local Civil Rules of the U.S. District Court.
- See District Court Local Civil Rule 83-2.1.3 Pro Hac Vice Practice. This rule allows a qualifying attorney to apply to appear on behalf of a particular party in a specific case, which includes the main bankruptcy case along with related adversary proceedings.
- A court order is needed before the nonresident attorney is authorized to file any papers or appear at a court hearing on behalf of a client.
- NOTE: After an order is entered granting the application to appear pro hace vice, the designated local counsel is NOT required to appear at hearings along with the pro hac vice counsel, and the designated local counsel no longer needs to file papers instead of the pro hac vice counsel.
- The District Court determines the fee required to be admitted pro hac vice. See link below for notice of the current fee.
- NOTE: The procedure to appear pro hac vice is available ONLY to attorneys who are nonresidents of California and who are not licensed to practice in California.
The procedure to be admitted to practice Pro Hac Vice is found in bankruptcy court LBR 2090-1(b):
- The nonresident attorney designates a local attorney who IS ALREADY ADMITTED to practice in the Central District of California
- The designated local attorney arranges to pay the pro hac vice fee to the District Court, and obtains a receipt.
- The designated local attorney files two documents: Application to Appear Pro Hac Vice (and attaches a copy of the receipt) and a Notice of Motion for Order Without a Hearing [per LBR 9013-1(q)(8)] -- see links below
- The designated local attorney lodges an order -- the court has a form order -- see link below.
Exception for Attorneys for the United States or its Departments or Agencies: Please see District Court Local Civil Rule 83-2.1.4, which provides that attorneys who are employed by the United States or its departments or agencies are not required to request to be admitted to practice Pro Hac Vice. See link below to the District Court Local Civil Rules.
Section:
Section 4 - Match Local Bankruptcy Rules with Forms
Section Number or LBR Number:
2090-1(b)
Reference to Local Rules and/or Forms: