Rule 116: Admission Pro Hac Vice of Out-of-State Attorney

(a)   Eligibility for Admission. An attorney not admitted to practice law in Kansas may request admission to practice law in a Kansas district court or an administrative tribunal for a specific case if the attorney meets the following requirements:

(1)   has an active law license from the highest court of another state, the District of Columbia, or a United States territory;

(2)   is in good standing under the rules of that jurisdiction; and

(3)   associates with a Kansas attorney of record in the case who is registered as active under Supreme Court Rule 206 and is in good standing under the Supreme Court Rules.

(b)   Kansas Attorney’s Duties. The Kansas attorney of record under subsection (a)(3) must fulfill the following duties:

(1)   actively engage in the case;

(2)   sign and file all pleadings and other documents;

(3)   be present throughout all court or administrative proceedings; and

(4)   attend any deposition or mediation unless excused by the court or tribunal or under a local rule.

(c)   Pro Hac Vice Motion. An out-of-state attorney must request admission pro hac vice for each case.

(1)   Requirements. The following requirements apply to the motion for admission pro hac vice.

(A)   The Kansas attorney must file the motion.

(B)   The motion must include the out-of-state attorney’s verified application under subsection (d); 

(C)   The Kansas attorney must file the motion as soon as possible but no later than the date the out-of-state attorney appears on any document filed in the case or appears at any proceeding.

(D)   The Kansas attorney must serve the motion on all counsel of record, unrepresented parties not in default for failure to appear, and the client the out-of-state attorney seeks to represent.

(2)   Denial of Motion. A district court or an administrative tribunal must specify the reason for denying any pro hac vice motion.

(d)   Verified Application.

(1)   Contents. The out-of-state attorney must include the following information in the attorney’s verified application for admission pro hac vice:

(A)   the client represented;

(B)   the Kansas attorney’s name; attorney registration number; business address; telephone number; e-mail address; and fax number, if any;

(C)   the out-of-state attorney’s business address; telephone number; e-mail address; and fax number, if any;

(D)   all jurisdictions that have admitted the out-of-state attorney to the practice of law and the dates of admission and attorney registration numbers;

(E)   a statement that the out-of-state attorney is in good standing under the rules of each jurisdiction identified under subsection (d)(1)(D);

(F)   a statement that the out-of-state attorney has never received public discipline, including suspension, disbarment, or loss of license, in any jurisdiction;

(G)   a statement that the out-of-state attorney has no pending attorney disciplinary complaint in any jurisdiction or a detailed description of the pending complaint and the address of the disciplinary authority in charge; and

(H)   the case name, case number, and court where the out-of-state attorney has appeared pro hac vice in Kansas in the last 12 months, if any.

(2)   Obligation to Report Changes. The out-of-state attorney has a continuing obligation to notify the district court or administrative tribunal of any change in the information the attorney provided in the application.

(e)   Fee; District Court. The attorney must submit a nonrefundable fee of $300, payable to the clerk of the district court, with each motion for admission pro hac vice.

(1)   Disciplinary Fee Fund. The clerk of the district court will forward the fee to the Office of Judicial Administration, which will deposit the fee in the disciplinary fee fund.

(2)   Waiver. The Kansas attorney may move the court to waive the fee if the out-of-state attorney represents the government or an indigent party. The Kansas attorney must move for waiver before filing the motion for admission pro hac vice.

(f)   Fee; Administrative Tribunal. An administrative tribunal may impose a similar fee as provided in subsection (e).

(g)   Service. Serving a document on the Kansas attorney has the same effect as personally serving the document on the attorney admitted pro hac vice.

(h)   Consent to Disciplinary Jurisdiction. An out-of-state attorney who is admitted under this rule consents to the exercise of disciplinary jurisdiction under Supreme Court Rule 202(a)(5).

(i)   Appearance by Self-Represented Litigant. This rule does not prohibit a party from appearing before a district court or an administrative tribunal on the party’s own behalf.

(j)   Exemption in Qualifying Indian Child Welfare Act Proceeding. The following provisions apply in a Qualifying Indian Child Welfare Act proceeding.

(1)   Exemption. An out-of-state attorney is not required to associate with a Kansas attorney of record under subsection (a)(3) or to pay the fee under subsection (e) if a district court determines that the attorney qualifies for an exemption. To qualify, the attorney must establish the following requirements:

(A)   the attorney seeks to appear in a Kansas court for the limited purpose of participating in a child custody proceeding as defined by 25 U.S.C. § 1903 under the Indian Child Welfare Act of 1978, 25 U.S.C. § 1901 et seq.;

(B)   the attorney represents a parent or an Indian tribe or Indian custodian as each of those terms is defined by 25 U.S.C. § 1903;

(C)   the Indian tribe has affirmed the child’s membership or eligibility for membership under tribal law; and

(D)   if the attorney represents an Indian tribe, the tribe has asserted its intent to intervene and participate in the state court proceeding.

(2)   Inapplicable Provisions. Subsections (b), (c)(1)(A), and (g) are inapplicable when an out-of-state attorney qualifies for an exemption under subsection (j)(1).

[History: Am. effective May 14, 1987; Am. effective July 1, 2005; Restyled rule and amended effective July 1, 2012; Am. effective May 8, 2019; Am. effective November 1, 2024.]