DE · rules
Del. Super. Ct. Crim. R. 63
Admission pro hac vice
(a) 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”). Application for
admission pro hac vice must be made separately before each Court in which admission is sought. 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.
(b) 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 Statement of Principles of Lawyer Conduct;
(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 Prothonotary 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 with the Prothonotary. 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. If the case in which the pro hac vice
admission continues into a subsequent calendar year after the year of admission, such assessment
shall be deemed an annual assessment to be renewed and be payable on January 1 of each subsequent
year and be deemed delinquent if not paid by February 1 of each subsequent year. There shall be no
pro rata apportionment of the pro hac vice admission fee. A notice that a pro hac vice admission may
be subject to renewal shall be mailed to Delaware counsel by the Court Administrator of the
Delaware Supreme Court. It shall be the duty of Delaware counsel to complete the notice stating
whether the case in which the pro hac vice admission was granted remains open and to supervise the
remittance of the renewal assessment if the case in which the pro hac vice admission was granted
remains open;
(vii) Whether the applying attorney has been disbarred or suspended or is the subject 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.
(c) The Prothonotary shall cause the pro hac vice admission assessment to be deposited in the Supreme
Court registration fund for distribution as the Supreme Court directs.
(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, Prothonotary, 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) 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 contained 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 first appearance of the attorney
who seeks admission pro hac vice before the Court or the Prothonotary 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 the 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 factors.
(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.
(i) A signed copy of the entire pro hac vice motion shall promptly be filed by the Prothonotary with the
Court Administrator of the Delaware Supreme Court for disposition pursuant to Supreme Court Rule 71.
The Court Administrator of the Delaware Supreme Court shall provide a copy to Disciplinary Counsel
who shall be responsible for contacting Delaware counsel if the information contained in said copy is
incomplete.
History
Added, Nov. 8, 1995; amended, effective Nov. 7, 1997; Feb. 1, 2003; amended Jan. 30, 2015, effective Feb. 1, 2015.
Provenance
- Source
- courts.delaware.gov
- Retrieved
- 2026-09-23
- Edition
- 2026-09-23
- Content hash
623194495c884a23bb4a044cde1f27795b01b49a80c02875f936a3a0b9740ac7
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