Rule 1.10: 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 the Kansas appellate courts 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, documents, and briefs under Supreme Court Rules 1.12 and 1.14; and

(3)   attend any prehearing conference or oral argument.

(c)   Pro Hac Vice Motion. An out-of-state attorney must request admission pro hac vice for each appellate 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 15 days before the out-of-state attorney appears at any prehearing conference or oral argument.

(D)   The Kansas attorney must serve the motion on all parties and the client the out-of-state attorney seeks to represent in the appellate court.

(2)   Denial of Motion. An appellate court 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; email 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-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 court of any change in the information the attorney provided in the application.

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

(1)   Disciplinary Fee Fund. The Office of the Clerk of the Appellate Courts 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)   Service. Serving a document on the Kansas attorney has the same effect as personally serving the document on the attorney admitted pro hac vice.

(g)   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).

(h)   Appearance by Self-Represented Litigant. This rule does not prohibit a party from appearing before an appellate court on the party’s own behalf.

[History: New rule effective July 1, 2005; Restyled rule and amended effective July 1, 2012; Am. effective November 1, 2024.]