December 3, 2010

Don’t forget your pro hac vice application

We’re aware of a recent situation where out-of-state counsel was granted pro hac vice status to appear in the trial court, but when that counsel’s name appeared as co-counsel on the cover of an appellate brief in the same case, the brief was bounced because a separate pro hac vice application was not filed in the Court of Appeal.

While this situation is not squarely addressed by California Rules of Court rule 9.40, we have it on good authority that the Supreme Court clerk’s office will similarly expect a new pro hac vice application to be filed in that court, even if counsel already filed a successful application in the same case in the Court of Appeal.

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