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Pro Hac Vice in California
How out-of-state attorneys appear in California cases, and what local counsel does.
An attorney licensed in another state generally needs court permission to appear in a California case. State courts handle this under California Rules of Court, rule 9.40, which requires association with active California counsel who serves as attorney of record. Federal courts in California have their own local rules and standing orders.
We handle pro hac vice applications and serve as California local counsel in Los Angeles, Orange County, San Diego, and San Francisco.
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Frequently asked questions
What is pro hac vice?
Pro hac vice is Latin for "for this occasion." It lets an attorney who is not licensed in the forum state appear in one particular case, usually with the sponsorship of local counsel.
What are the main requirements in California state court?
Under California Rules of Court, rule 9.40, an applicant must be a member in good standing of the bar of another state or a United States court, must not be a California resident or regularly engaged in substantial business or professional activity in California, and must associate with an active member of the State Bar of California who is the attorney of record. The application is filed in the case with proof of service on the parties, the California attorney, and the State Bar, and a fee is payable to the State Bar. Repeated appearances can be a ground for denial. Confirm against the current rule text.
Do federal courts in California follow rule 9.40?
No. Federal courts apply their own local rules, and requirements for local counsel, fees, and procedures differ among the Central, Eastern, Northern, and Southern Districts.
Can an out-of-state attorney appear in a California arbitration?
California has a separate process for out-of-state attorneys in arbitration, found in California Rules of Court, rule 9.43. Requirements depend on the arbitration and should be confirmed before the first appearance.
This page is a general overview, not legal advice. Rules change, and individual judges may impose additional requirements.