(a) Who is Eligible. Lawyers duly admitted to practice in the trial courts of any other jurisdiction who have been retained to appear in a particular case pending in a district court of this state may in the discretion of such court be permitted upon written application to appear as counsel pro hac vice provided:
(1) the out-of-state lawyer certifies to the satisfaction of the Minnesota Board of Law Examiners the lawyer's good standing in the jurisdiction in which the lawyer is admitted and that the lawyer is not suspended or disbarred in any jurisdiction for reasons of discipline or disability in lieu of discipline;
(2) the out-of-state lawyer pays a non-refundable fee of $450 to the Minnesota Board of Law Examiners;
(3) the pleadings and other documents in the case are also signed by a lawyer who is and remains duly admitted to practice in the State of Minnesota; and
(4) such lawyer admitted in Minnesota:
(i) accepts service of all papers, and
(ii) is present before the court, in chambers or in the courtroom or participates by permitted remote means in any hearing conducted by remote means.
In a subsequent appearance in the same action the out-of-state lawyer may, in the discretion of the court, conduct the proceedings without the presence of Minnesota counsel.
(b) When Required; Urgent Matter. Pro hac vice admission under this rule is required for any lawyer either arguing before the court in an action or signing pleadings or other documents in an action. The court may allow a non-admitted lawyer to argue or submit an urgent matter upon the lawyer's representation to the court that the lawyer qualifies for admission under this rule and that an application for pro hac vice admission will be promptly submitted.
(a) Other Rules. Rule 5 shall not apply if another rule expressly exempts a case or proceeding from requiring pro hac vice admission. These rules include, without limitation, Rule 3.06 of the Rules of Juvenile Protection Procedure (attorneys representing Indian tribes in juvenile protection cases), Rule 3.09 of the Rules of Adoption Procedure (attorneys representing Indian tribes in adoption cases), and Rule 45.06(b) of the Rules of Civil Procedure (application for a subpoena for use in an action pending outside Minnesota).
(b) Fee Waiver.
(1) Pro Bono Representation. A lawyer who represents a person with limited means and will not charge an attorney fee in the case or seek or receive attorney fee reimbursement in the case in which the lawyer seeks admission pro hac vice shall not be required to pay the fee set forth in Rule 5.01(a)(2).
(2) Public Attorney. A lawyer who is representing a federal, state, or local government entity shall not be required to pay the fee set forth in Rule 5.01(a)(2).
(3) Other Fee Waivers Prohibited. No other requests to waive the pro hac vice fee shall be made to or granted by the Board of Law Examiners, including for related cases that involve one or more common questions of fact or law.
The application to the Minnesota Board of Law Examiners shall be submitted electronically, shall be accompanied by the fee in Rule 5.01(a)(2) unless waived as provided in Rule 5.02(b), shall include a certificate of good standing from the attorney licensing authority in the jurisdiction in which the applicant is admitted, and shall include any other information requested by the Minnesota Board of Law Examiners.
(a) Requirements. An active member in good standing of the bar of this state who is attorney of record for the client(s) whom the applicant proposes to represent, must move the applicant's admission in the action. The motion shall be served on all parties to the action and must be accompanied by:
(1) an affidavit or declaration of the applicant stating whether the applicant has applied for pro hac vice admission in Minnesota in the preceding two years, and for each such application, the caption, venue, and file number of the case and whether admission was allowed; and
(2) a copy of the application submitted under Rule 5.03 along with a copy of the notice from the Board of Law Examiners confirming good standing.
(b) Withdrawal of Local Counsel. If the moving attorney is suspended, disbarred, or ceases to be an attorney of record for such client(s) after admission pro hac vice has been granted, another Minnesota lawyer must be promptly substituted and file a notice of appearance in the action.
(c) Fee. The motion shall be accompanied by the appropriate motion fee, if any.
(d) Standard. After confirmation of good standing by the Board of Law Examiners, the court shall promptly consider the motion for admission pro hac vice. Discretion shall be liberally exercised to grant motions for admission pro hac vice.
(e) Revocation. Admission to appear as counsel pro hac vice in a suit may be revoked for conduct violating any applicable rules, or conduct justifying sanctions under the court's inherent power.
The out-of-state lawyer is subject to all rules that apply to lawyers admitted in Minnesota, including rules related to e-filing and the registration requirements for e-filing in Rule 14.02(a) of the General Rules of Practice for the District Court. To the extent that electronic service on the out-of-state lawyer under Rule 14 is unavailable, service of documents on the lawyer admitted to the bar of this state and who appears as counsel of record with the out-of-state lawyer shall constitute notice to and service on the party.
Any lawyer appearing pursuant to this rule is subject to the disciplinary rules and regulations governing Minnesota lawyers, including the Minnesota Rules of Professional Conduct and the Rules on Lawyers Professional Responsibility, and by applying to appear or appearing in any action is subject to the jurisdiction of the Minnesota courts.
(Amended effective July 1, 2015; amended effective June 1, 2021.)