Pro Hac Vice
Application Information
On November 24, 2020, the Minnesota Supreme Court adopted a petition filed by the Legal Services Advisory Committee (LSAC) to amend Rule 5 of the General Rules of Practice to establish a registration process and impose a fee on lawyer’s seeking pro hac vice admission in Minnesota. A copy of the Order may be found here.
Out-of-state lawyers admitted to practice in the trial courts of any other jurisdiction and who have been retained to appear in a particular case pending in a district court in Minnesota may appear in the matter at the discretion of the district court upon a written application to appear as counsel pro hac vice. Before applying, the out-of-state lawyer should carefully review Rule 5 of the Rules of General Practice.
Effective June 1, 2021, the Minnesota Supreme Court has implemented a new process for out-of-state lawyers seeking pro hac vice admission into the State of Minnesota. The revised Rules set out a two-step process. The Minnesota Board of Law Examiners handles Step 1 on behalf of the Minnesota Supreme Court.
Step 1: Submission of a Pro Hac Vice Application and the required fees electronically to the Minnesota Board of Law Examiners. Please see the additional instructions below.
Note: All fees received under this Rule are allocated to the Lawyer Services Advisory Council.
Step 2: Submission of materials to the Minnesota District Court handling the matter. Please refer to Rule 5.04(a) of the Minnesota General Rules of Practice and contact the district court directly with any questions related to this step.
Submission of Documentation Required under Rule 5.03 (Application to the Minnesota Board of Law Examiners).
1. The out-of-state lawyer must complete the online application and submit the application electronically. The application requires that the lawyer submit additional information as to the Minnesota licensed lawyer with whom the out-of-state lawyer will associate and the title and case number of the case that has been filed in Minnesota. Note: Internet Explorer is not a supported browser. Please use another browser to complete the application.
2. A certificate of good standing from the jurisdiction in which the lawyer primarily practices must be attached to the online application. This certificate must be current and generated by the proper licensing authority in that jurisdiction (i.e. state supreme court or its designee). A contact list compiled by the U.S. Court of Appeals for the Third Circuit is available: Certificate of Good Standing Contact List. The Board generally accepts certificates of good standing if issued within the last 90 days, unless the issuing entity certifies for a shorter period of time.
3. The out-of-state lawyer must submit electronic payment through U.S. Bank in the amount of $450, unless the matter qualifies for waiver of this fee under Rule 5.02(b). No other requests to waive the fee shall be made to or granted by the Board, including for related cases that involve one or more common questions of fact or law.
4. Please save a copy of the application submitted. This must be filed with the district court.
Once the Board staff has reviewed the application, the lawyer will receive a letter confirming that the required documentation has been received and approved. This review typically takes 1-3 business days. This letter must also be submitted to the district court with the additional information required under Rule 5.04.
A current list of out-of-state lawyers approved under Step 1 will be available here.
Please contact prohacvice@mbcle.state.mn.us with any questions.