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DE · rules

Del. Ch. Ct. R. 170

Attorneys

activein force · 2018-07-01 – presentact-effective-date

(a) Admission. Any person admitted to practice in the

Supreme Court of this State shall be entitled to practice as

an attorney in this Court so long as such person remains

entitled to practice in the Supreme Court and maintains an

office in this State for the practice of law.

(b) Attorneys who are not members of the Delaware Bar

may be admitted pro hac vice in the discretion of the Court

and such admission shall be made only upon written

motion by a member of the Delaware Bar who maintains

an office in this State for the practice of law (“Delaware

Counsel”). The admission of an attorney pro hac vice shall

not relieve the moving attorney from responsibility to

comply with any rule or order of the Court.

(c) Any attorney seeking admission pro hac vice shall

certify the following in a statement attached to the motion:

(i) That the attorney is a member in good standing of

the Bar of another state;

(ii) That the attorney shall be bound by the Delaware

Lawyers’ Rules of Professional Conduct and has

reviewed the Principles of Professionalism for Delaware

Lawyers, as effective on November 1, 2003, and as

amended;

(iii) That the attorney and all attorneys of the

attorney’s firm who directly or indirectly provide

services to the party or cause at issue shall be bound by

all Rules of the Court;

(iv) That the attorney has consented to the

appointment of the Register in Chancery of the county

in which the matter pends as agent upon whom service

of process may be made for all actions, including

disciplinary actions, that may arise out of the practice

of law under this rule and any activities related thereto;

(v) The number of actions in any court of record of

Delaware in which the attorney has appeared in the

preceding 12 months;

(vi) That a payment for the pro hac vice admission

assessment determined by the Delaware Supreme

Court is attached to be deposited in the Supreme Court

registration fund for the purpose of the governance of

the Bar of its Court and may be distributed pursuant to

Supreme Court Rule 69. The pro hac vice admission

assessment shall be $375 in calendar year 2015, $400

in calendar year 2016, and thereafter increased

annually by the rate of inflation as determined by the

Delaware Supreme Court;

(vii) Whether the applying attorney has been

disbarred or suspended or is the object of pending

disciplinary proceedings in any jurisdiction where the

applying attorney has been admitted generally, pro hac

vice, or in any other way; and

(viii) The identification of all states or other

jurisdictions in which the applying attorney has at any

time been admitted generally.

(d) Delaware counsel for any party shall appear in the

action in which the motion for admission pro hac vice is

filed and shall sign or receive service of all notices, orders,

pleadings or other papers filed in the action, and shall

attend all proceedings before the Court, Clerk of the Court,

or other officers of the Court, unless excused by the Court.

Attendance of Delaware Counsel at depositions shall not be

required unless ordered by the Court.

(e) Withdrawal of attorneys admitted pro hac vice shall

be governed by the provisions of Rule 5(i). The Court may

revoke a pro hac vice admission sua sponte, or upon the

motion of a party, if it determines, after a hearing or other

meaningful opportunity to respond, the continued

admission pro hac vice to be inappropriate or inadvisable.

(f) The motion and certificate described in subsections (a)

and (b) of this rule shall be filed as soon as reasonably

possible, and they shall be filed no later than the date of

the 1st appearance of the attorney who seeks admission pro

hac vice before the Court or the Clerk of the Court in the

matter for which admission is sought.

(g) In exercising its discretion in ruling on a motion for

admission pro hac vice, the Court shall also consider

whether, in light of the nature and extent of the practice in

the State of Delaware of the attorney seeking admission,

that attorney is, in effect, practicing as a Delaware Counsel

without complying with the Delaware requirements for

admission to the Bar. In its consideration of this aspect of

the motion, the Court may weigh the number of other

admissions to practice sought and/or obtained by this

attorney from Delaware courts, the question of whether or

not the attorney in fact maintains an office in Delaware

although the attorney is not admitted to practice in

Delaware courts, and other relevant facts.

(h) The Delaware Counsel filing a motion pro hac vice for

the admission of an attorney not a member of the Delaware

Bar shall certify that the Delaware attorney finds the

applicant to be a reputable and competent attorney, and is

in a position to recommend the applicant’s admission.

History

Amended, effective Jan. 1, 1987; May 11, 1989; Apr. 7, 1992; Mar. 26, 2004, effective July 1, 2002; Jan. 16, 2015, effective Feb. 1, 2015; Apr. 23, 2018, effective July 1, 2018.

Provenance

Source
courts.delaware.gov
Retrieved
2026-09-23
Edition
2026-09-23
Content hash
94c0bb8d7c7f4cfb39678725ca10a436a1bea82e0425480e983785dd0969aee5
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