December 9, 2010

Pro hac vice application fees – we’ve got to balance the budget somehow

We recently explained the need to file new pro hac vice applications at each new level of proceedings in a case that is wending its way up from superior court. Here’s a related tid bit: the fee set forth in Government Code 70617 for applications has gone up to $250, effective October 17, 2010. But that section applies only to “the fee for filing in the superior court.” Subdivision (e) of section 70617 provides that this fee goes to the State Court Facilities Construction Fund. There’s a separate fee that is imposed by California Rule of Court 9.40 and reflected in the Office of Admissions fee schedule —$50, payable to the State Bar of California, and accompanied by a service copy of the application to the State Bar. This fee, which must be paid for each application that is submitted at any level, is to help defray State Bar administrative expenses.

So what’s the total outlay for pro hac vice applications? For applications in superior court, you have to pay a total of $300 ($250 + $50). But in the Court of Appeal and Supreme Court, you don’t have to pay the Government Code 70617 fee — you just pay $50 under rule 9.40.

3 Responses to “Pro hac vice application fees – we’ve got to balance the budget somehow”

  1. Lisa,

    Thanks for the info. I called the Clerk of Court for the Superior Court of San Diego and she said the PHV fee was $500. I see the $250 and the $50 per attorney, but do you know where the other $200 comes from? It may be so obvious that I’m missing it. Thanks.


  2. That’s odd. Unless there are a bunch of attorneys to be admitted (the $50 fee is per attorney), I’m not sure how the clerk gets up to $300. If you find out, let us know!

  3. Actually, on further review of the applicable statute (Gov. Code, sec. 70617, subd. (e)), it appears that, since October, the superior court pro hac vice fee is $500 . . . and that the fee must be paid annually! The fee is scheduled to revert to $250 on July 1, 2013.

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