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Del. Super. Ct. Crim. R. 63

Admission pro hac vice

activein force · 2015-02-01 – presentact-effective-date

(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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Del. Super. Ct. Crim. R. 63 — Admission pro hac vice · binding.law