DE · rules
Del. Ch. Ct. R. 170
Attorneys
(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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