Minnesota Pro Hac Vice

Section 481.02, Subdiv. 6 (Attorneys of Other States) of the Minnesota Statutes provides the general rule regarding admission for attorneys licensed in other jurisdictions who are seeking pro hac vice admission. Rule 143.05, Subdiv. 1 (Admission Pro Hac Vice) of the Minnesota Rules of Appellate Procedure governs pro hac vice for appellate courts. Rule 5 (Appearance by Out-of-State Lawyers) of the Minnesota General Rules of Practice for District Courts provides the pro hac vice rule for district courts.

Minnesota Appellate Courts – Rule 143.05, Subdiv. 1

A local Minnesota attorney may move for pro hac vice admission of an attorney admitted to practice law in another state or territory. The motion includes an affidavit of the out-of-state attorney attesting that he or she is a member in good standing of the bar of another state or territory.

The rule does not mandate a specific pro hac vice procedure. The rule also does not require that the pro hac vice motion be brought at any particular time, but it should be brought sufficiently in advance of the time that a brief is submitted or an argument is made. The rule does not require a responsive paper. If opposed, the opposing motion must be filed within the regular time frames of any other motion.

Minnesota District Courts – Rule 5

Attorneys duly admitted to practice in the trial courts of any other jurisdiction may appear in any Minnesota court. Attorneys must associate with a local Minnesota lawyer. The Minnesota lawyer is required to sign all pleadings and must be present before the court, in chambers or in the courtroom, or participates by phone in any hearing conducted by phone.

In the discretion of the court, the out-of-state attorney may conduct the proceedings without the presence of the Minnesota lawyer in subsequent appearances in the same action.

Attorneys are subject to the disciplinary rules and regulations governing Minnesota lawyers and are subject to the jurisdiction of the Minnesota courts when applying to appear pro hac vice.

Attorneys must file a Motion and Proposed Order with the court.