Rule 9.40. Counsel pro hac vice

(a) Eligibility A person who is not a licensee of the State Bar but who is an attorney in good standing of and eligible to practice before the bar of any United States court or the highest court in any state, territory, or insular possession of the United States, and who has been retained to appear in a particular cause pending in a court of this state, may in the discretion of such court be permitted upon written application to appear as counselpro hac vice, provided that an active licensee of the State Bar is associated as attorney of record. No person is eligible to appear as counselpro hac viceunder this rule if the person is:

(1) A resident of the State of California;

(2) Regularly employed in the State of California; or

(3) Regularly engaged in substantial business, professional, or other activities in the State of California.

(b) Repeated appearances as a cause for denial Absent special circumstances, repeated appearances by any person under this rule is a cause for denial of an application.

(c) Application

(1) Application in superior court

(2) Application in Supreme Court or Court of Appeal

(d) Contents of application The application must state:

(1) The applicant’s residence and office address;

(2) The courts to which the applicant has been admitted to practice and the dates of admission;

(3) That the applicant is a licensee in good standing in those courts;

(4) That the applicant is not currently suspended or disbarred in any court;

(5) The title of each court and cause in which the applicant has filed an application to appear as counselpro hac vicein this state in the preceding two years, the date of each application, and whether or not it was granted; and

(6) The name, address, and telephone number of the active licensee of the State Bar who is attorney of record.

(e) Fee for application The State Bar may set an appropriate application fee to be paid by counselpro hac vice.

(f) Counselpro hac vicesubject to jurisdiction of courts and State Bar A person permitted to appear as counselpro hac viceunder this rule is subject to the jurisdiction of the courts of this state with respect to the law of this state governing the conduct of attorneys to the same extent as a licensee of the State Bar. The counselpro hac vicemust familiarize himself or herself and comply with the standards of professional conduct required of licensees of the State Bar and will be subject to the disciplinary jurisdiction of the State Bar with respect to any of his or her acts occurring in the course of such appearance. Article 5 of chapter 4, division 3 of the Business and Professions Code and the Rules of Procedure of the State Bar govern in any investigation or proceeding conducted by the State Bar under this rule.

(g)

(1) The requirement in (a) that the applicant associate with an active licensee of the State Bar does not apply to an applicant seeking to appear in a California court to represent an Indian tribe in a child custody proceeding governed by the Indian Child Welfare Act; and

(2) An applicant seeking to appear in a California court to represent an Indian tribe in a child custody proceeding governed by the Indian Child Welfare Act constitutes a special circumstance for the purposes of the restriction in (b) that an application may be denied because of repeated appearances.

(h) Supreme Court and Court of Appeal not precluded from permitting argument in a particular case This rule does not preclude the Supreme Court or a Court of Appeal from permitting argument in a particular case from a person who is not a licensee of the State Bar, but who is licensed to practice in another jurisdiction and who possesses special expertise in the particular field affected by the proceeding.

(i) Inherent Power of Supreme Court Nothing in this rule may be construed as affecting the power of the Supreme Court to exercise its inherent jurisdiction over the practice of law in California.

Committee Notes

(Subd (a) amended effective October 1, 2025; previously amended effective January 1, 2007, and January 1, 2019.)

(Subd (b) lettered effective January 1, 2007; adopted as part of subd (a) effective September 13, 1972.)

(Subd (c) amended effective October 1, 2025; adopted as part of subd (b) effective September 13, 1972; subd (b) previously amended effective October 3, 1973, September 3, 1986, January 17, 1991, and March 15, 1991; previously amended and relettered as subd (b) effective January 1, 2007.)

(Subd (d) amended effective October 1, 2025; adopted as part of subd (b) effective September 13, 1972; subd (b) previously amended effective October 3, 1973, September 3, 1986, January 17, 1991, and March 15, 1991, and January 1, 2019; previously amended and lettered effective January 1, 2007.)

(Subd (e) amended effective October 1, 2025; adopted as subd (c) effective September 3, 1986; previously amended and relettered effective January 1, 2007; previously amended effective January 1, 2019, and July 24, 2024.)

(Subd (f) amended effective October 1, 2025; previously relettered as subd (d) effective September 3, 1986; previously amended and relettered effective January 1, 2007; previously amended effective January 1, 2019, and July 24, 2024.)

(Subd (g) amended effective October 1, 2025; adopted effective January 1, 2019.)

(Subd (h) amended effective October 1, 2025; previously relettered as subd (e) effective September 3, 1986; previously amended and relettered as subd (g) effective January 1, 2007; previously amended and relettered as subd (h) effective January 1, 2007; previously amended effective July 24, 2024.)

(Subd (i) adopted effective July 24, 2024.)