Free Pro Hac Vice Appearance - Hawaii


File Size: 82.2 kB
Pages: 4
Date: July 30, 2007
File Format: PDF
State: Hawaii
Category: Bankruptcy
Author: Audrey
Word Count: 1,283 Words, 7,860 Characters
Page Size: Letter (8 1/2" x 11")
URL

http://www.hib.uscourts.gov/forms/local/hib_83-1e.pdf

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UNITED STATES BANKRUPTCY COURT DISTRICT OF HAWAII NOTICE REGARDING PRO HAC VICE APPLICATIONS The United States Bankruptcy Court for the District of Hawaii limits practice before it to attorneys admitted to membership of the bar of the District Court for the District of Hawaii. Pursuant to Local Rule 83.1(e), made applicable by Local Bankruptcy Rule 1001-2(a), an attorney who is not a member of this bar may apply for permission to appear pro hac vice in a particular matter. The specific requirements for making such an application are contained in LR 83.1(e), printed below, and include the payment of an assessment. By order of the District Court, the amount required for admission to the local bar and for limited admission to appear pro hac vice is $225. An attorney seeking permission to appear pro hac vice in the Bankruptcy Court shall do so by filing the application in this court (local bankruptcy form hib_83-1 is attached here and may be used) and submitting the $225 assessment. If the application is filed electronically using CM/ECF, payment should be made using the U.S. Treasury Internet Credit Card program. If filed on paper, the application with a check noting the bankruptcy case or adversary proceeding number must be mailed to the United States Bankruptcy Court, District of Hawaii, 1132 Bishop Street, Suite 250L, Honolulu, HI 96813 - Attn: Financial Administrator. The check must be made payable to "Clerk, U.S. Bankruptcy Court."
LR 83.1 ATTORNEYS; ADMISSION TO THE BAR OF THIS COURT

* * * (e) Pro hac vice. An attorney who is a member in good standing of, and eligible to practice before, the bar of any United States Court or of the highest court of any State or of any Territory or Insular Possession of the United States, who is of good moral character, and who has been retained to appear in this court, may, upon written application and in the discretion of this court, be permitted to appear and participate in a particular case subject to the conditions of this rule. Unless authorized by the Constitution of the United States or Acts of Congress, an attorney is not eligible to practice pursuant to this section if any one or more of the following apply: 1. the attorney resides in Hawaii; 2. the attorney is regularly employed in Hawaii; or 3. the attorney is regularly engaged in business, professional, or law-related activities in Hawaii. The pro hac vice application shall be presented to the clerk and shall state under penalty of perjury: 1. the attorney's residence and office addresses; 2. by what court(s) the attorney has been admitted to practice and the date(s) of admission; 3. that the attorney is in good standing and eligible to practice in said court(s); 4. that the attorney is not currently suspended or disbarred in any other court; and 5. whether the attorney has concurrently or within the year preceding the current application made any pro hac vice application in this court, and if so, the title and the number of each matter wherein the attorney made application, the date of application, and whether or not the application was granted. The attorney shall also designate in the application a member in good standing of the bar of this court who maintains an office within the district to serve as associate counsel. The application shall include the address, telephone number, and written consent of such associate counsel. The associated attorney shall at all times meaningfully participate in the preparation and trial of the case with the authority and responsibility to act as attorney of record for all purposes. The associated attorney shall participate in all court proceedings unless otherwise ordered by the court, but need not attend depositions or participate in other discovery. Any document required or authorized to be served upon counsel by the Federal Rules of Civil or Criminal Procedure, or by these rules, shall be served upon the associated attorney which shall be deemed proper and effective service. The pro hac vice application shall also be accompanied by payment to the clerk of any required assessment which the clerk shall place to the credit of the Court Library Fund. If the pro hac vice application is denied, the court may refund any and all of the assessment paid by the attorney. If the application is granted, the attorney is subject to the jurisdiction of the court with respect to the attorney's conduct to the same extent as a member of the bar of this court.

Attorney Name, Address, Phone, Fax, E-mail:

For court use only

UNITED STATES BANKRUPTCY COURT DISTRICT OF HAWAII In re:

Case No. Chapter

Debtor(s). A.P. No.

Plaintiff(s), vs.

Defendant(s).

[Leave section blank if not adversary proceeding.]

APPLICATION TO APPEAR PRO HAC VICE
Name of Applicant:

Party Represented:

Local Counsel:

Pursuant to LR 83.1(e) of the Local Rules of Practice for the United States District Court for the District of Hawaii, the undersigned applies for an order permitting the above-named attorney to appear and participate as counsel pro hac vice for the above-named party in all matters in the above-captioned case or proceeding. This request is based on the declaration of the attorney seeking to appear pro hac vice.

Dated: ____________________

_________________________________________
Name*:

*If this application is being signed by local counsel on behalf of the applicant, the signature constitutes consent to the designation as associate counsel; otherwise such consent shall be filed separately.

hib_83-1e

7/05

Attorney Name, Address, Phone, Fax, E-mail:

For court use only

UNITED STATES BANKRUPTCY COURT DISTRICT OF HAWAII In re:

Case No. Chapter

Debtor(s). A.P. No.

Plaintiff(s), vs.

Defendant(s).

[Leave section blank if not adversary proceeding.]

DECLARATION IN SUPPORT OF APPLICATION TO APPEAR PRO HAC VICE
Name of Declarant:

I declare that I am not a resident of the District of Hawaii, am not regularly employed in the District of Hawaii, and am not regularly engaged in business, professional, or law-related activities in the District of Hawaii, and that: 1. My addresses are:
Office:

Residence (city and state are sufficient):

2.

I have been admitted to practice in the following courts on the dates noted:

hib_83-1e

7/05

3. I am in good standing and eligible to practice in the following courts [declarant may state "All of the courts identified in above paragraph" ]:

4.

I am not currently suspended or disbarred in any other court.

5. If I am concurrently making or have made within the preceding year an application to appear pro hac vice in a case or proceeding in the District of Hawaii, the title and number of each matter is stated below, together with the date of the application and whether the application was granted.

6. I designate the following to serve as associate counsel who is a member in good standing of the bar of the United States District Court for the District of Hawaii and maintains an office in this district, with the address, telephone and fax numbers, and e-mail address noted:

7. Payment of the $225 assessment for limited admission has or will be made, using the U.S. Treasury Internet Credit Card program if filing electronically, or by mailing a check to the Clerk, United States Bankruptcy Court, District of Hawaii, 1132 Bishop Street, Suite 250L, Honolulu, HI 96813 - Attn: Financial Dept. (payable to the Clerk, U.S. Bankruptcy Court, and noting the bankruptcy case or adversary proceeding number). I declare under penalty of perjury that the foregoing is true and correct. [Attach additional pages if any further explanation is needed.]

Dated: ____________________

______________________________________

Name:

Consent to act as designated associate counsel (if not given elsewhere):

Dated: ____________________

______________________________________

Name:
hib_83-1e 7/05