Ohio Gov.Bar R. XII

Section 1. Definitions

As used in this rule:

(A) Tribunal: A tribunal is defined as a court, legislative body, administrative agency,

the Supreme Court of Ohio Board on the Unauthorized Practice of Law, or other body acting in an

adjudicative capacity. A legislative body, administrative agency, or other body acts in an

adjudicative capacity when a neutral official, after the presentation of evidence or legal argument

by a party or parties, will render a binding legal judgment directly affecting a party’s interests in a

particular matter.

(B) Proceeding: A proceeding is defined as an adjudicative matter pending before a

tribunal.

Section 2. Requirements for Permission to Appear Pro Hac Vice

(A) A tribunal of this state may grant permission to appear pro hac vice to an attorney

who is admitted to practice in the highest court of a state, commonwealth, territory, or possession

of the United States or the District of Columbia, or who is admitted to practice in the courts of a

foreign state and is in good standing to appear pro hac vice in a proceeding.

(1) An attorney is eligible to be granted permission to appear pro hac vice pursuant to

this rule if any of the following apply:

(a) The attorney neither resides in nor is regularly employed at an office in this

state;

(b) The attorney is registered for corporate status in this state pursuant to Gov.

Bar R. VI, Section 6;

(c) The attorney resides in this state but lawfully practices from offices in one

or more other states, including lawful remote practice pursuant to Prof.Cond.R.

5.5(d)(4);

(d) The attorney maintains an office or other systematic and continuous

presence in this state pursuant to Prof.Cond.R. 5.5(d)(2) or (d)(4);

(e) The attorney has permanently relocated to this state in the last 120 days and

is currently an applicant pending admission under Gov. Bar R. I.

(2) A tribunal shall not grant permission to appear pro hac vice to an attorney who has

taken and failed the Ohio bar examination, been denied admission without examination, or had an

application for admission in this state denied on character and fitness grou nds pursuant to Gov.

Bar R. I within the last five years.

(3) Prior to being granted permission to appear pro hac vice by a tribunal, the attorney

shall have applied for registration with the Supreme Court Office of Bar Admissions, paid a

registration fee of $500.00, and been issued a certificate of pro hac vice regi stration. The

application for registration shall include the following information:

(a) The attorney's residential address, office address, and the name and address

of the attorney's law firm or employer, if applicable;

(b) The jurisdictions in which the attorney has ever been licensed to practice

law, including the dates of admission to practice, resignation, or retirement, and

any attorney registration numbers;

(c) An affidavit stating that the attorney has never been disbarred and whether

the attorney is currently under suspension or has resigned with discipline pending

in any jurisdiction the attorney has ever been admitted;

(d) A statement the attorney satisfies the requirements in Section 2(A)(1) and

(2) of this rule;

(e) A statement that the attorney will comply with the applicable statutes, law

and procedural rules of this state and the rules, policies, and procedures of the

tribunal before which the attorney seeks to practice and will be familiar with and

comply with th e Ohio Rules of Professional Conduct and the Rules for the

Government of the Bar.

(4) An attorney representing an amicus curiae in support of an indigent defendant in a

criminal matter may file with the Office of Bar Admissions an application for a waiver of the pro

hac vice registration fee. The waiver shall not apply to other proceedings in which the attorney

seeks permission to appear pro hac vice.

(5) An attorney who has been granted permission to appear pro hac vice may

participate in no more than three proceedings under this rule in the same calendar year the

application is filed. In the event a proceeding continues to the next or subsequent calendar years,

the proceeding will not count toward the annual limitation. An appeal from a trial court or court

of appeals, an appeal of an administrative agency order or ruling, a transfer of an action to a court

of competent jurisdiction, or the consolidation of two or more cases, where the attorney

participated in the initial proceeding, shall not be counted toward the annual limitation.

Participation for the first time by an attorney at any stage during a proceeding shall count toward

the annual limitation.

(6) The attorney may file a motion for permission to appear pro hac vice accompanied

by a copy of the certificate of pro hac vice registration furnished by the Office of Bar Admissions,

and includes the following information:

(a) The attorney's residential address, office address, and the name and address

of the attorney's law firm or employer, if applicable;

(b) The jurisdictions in which the attorney has ever been licensed to practice

law, including the dates of admission to practice, resignation, or retirement, and

any attorney registration numbers;

(c) An affidavit stating that the attorney has never been disbarred and whether

the attorney is currently under suspension or has resigned with discipline pending

in any jurisdiction the attorney has ever been admitted;

(d) A statement that the attorney has not been granted permission to appear pro

hac vice in more than three proceedings before Ohio tribunals in the current

calendar year pursuant to Section 2(A)(6)(a) of this rule;

(e) The name and attorney registration number of an active Ohio attorney, in

good standing, who has agreed to associate with the attorney.

(B) An attorney granted permission to appear pro hac vice in a pending proceeding shall

inform each tribunal in which the attorney has been granted permission to appear of any

disciplinary action taken against the attorney since the date permission was granted.

(C) Any party to a proceeding may object to the motion of an attorney in a manner and

method prescribed by the tribunal.

(D) A motion to be granted permission to appear pro hac vice filed with a tribunal shall

be served by the filing attorney on all known parties and attorneys of record.

(E) A tribunal may order a hearing on a motion to appear pro hac vice and enter an

order granting or denying the motion.

Section 3. Leave to File a Motion Instanter

An attorney may file a motion to be granted permission to appear pro hac vice instanter

with a tribunal if the attorney has previously filed an application with the Office of Bar Admissions

and the attorney is required to appear in a proceeding fewer than five business days from the date

of filing the application. The attorney shall attach a time stamped copy of the application to the

motion to be granted permission to appear pro hac vice instanter.

Section 4. Notice of Permission to Appear Pro Hac Vice

All attorneys granted permission to appear pro hac vice by a tribunal shall file a Notice of

Permission to Appear Pro Hac Vice with the Office of Bar Admissions within thirty days after a

tribunal grants permission to appear in a proceeding. The Notice of Permission to Appear Pro Hac

Vice shall include copies of the court or administrative order granting permission. Failure to file

the notice within the time specified shall result in automatic exclusion from practice within this

state. The Office of Bar Admissions shall, by certified mail, notify all tribunals in which the

attorney has appeared of the attorney’s exclusion.

Section 5. Renewal of Registration

(A) If an attorney continues to appear on the basis of permission to appear pro hac vice

in any proceeding pending as of the first day of a new calendar year, the attorney shall pay a

renewal fee equal to the registration fee set forth in Section 2(A)(3) of this rule. This renewal fee

shall be due within thirty days of the start of that calendar year and shall be tendered to the Office

of Bar Admissions and accompanied by an updated registration form.

(B) Failure to pay the required renewal fee and file a new registration form within the

time specified shall result in automatic exclusion from practice within this state. The Office of

Bar Admissions shall, by certified mail, notify all tribunals in which the attorney has appeared of

the attorney’s exclusion. If the proceeding has concluded or if the attorney has withdrawn from

the proceeding, the attorney must so notify the Office of Bar Admissions by the deadline for

renewal of registration.

Section 6. Reinstatement

An attorney automatically excluded from practice in Ohio for failing to file a Notice of

Permission to Appear Pro Hac Vice under Section 4 of this rule, or failing to pay a renewal

registration fee required under Section 5 of this rule, may file a Petition for Reinstatement with the

Office of Bar Admissions. The petition shall describe the circumstances that resulted in the

automatic exclusion, and a list of all proceedings in which the attorney had been permitted to

appear pro hac vice, and shall be accompanied by the appropriate Notice of Permission to Appear

Pro Hac Vice if the exclusion is under Section 4 of this rule, or a renewal registration fee if the

exclusion is under Section 5 of this rule. The Office of Bar Admissions shall inform all tribunals

where the attorney appeared by certified mail if the attorney is reinstated.

Section 7. Deposit of Registration Fee

Payment of the registration fee shall be deposited in the Attorney Services Fund established

under Gov. Bar R. VI, Sec. 14.