Colorado

Civil Procedure

Civil Procedure

Rule 205.3 – Pro Hac Vice Authority Before State Courts – Out-of-State Attorney

(1) General Statement. An out-of-state attorney (as defined in Rule 205.1 ) may be permitted to appear in a particular matter in any state court of record under the conditions listed in this rule.
(2) Filing Requirements.

(a) In order to be permitted to appear as counsel in a Colorado trial court, the attorney must first:

(i) File a verified motion with the trial court requesting permission to appear;
(ii) Designate an associate attorney who is admitted and licensed to practice law in Colorado;
(iii) File a copy of the verified motion with the Clerk of the Supreme Court Office of Attorney Registration at the same time the verified motion is filed with the trial court;
(iv) Pay the required fee to the Clerk of the Supreme Court collected by the Office of Attorney Registration; and
(v) Obtain permission from the trial court for such appearance.
(b) In the verified motion requesting permission to appear, the attorney must include:

(i) A statement identifying all jurisdictions in which the attorney has been licensed;
(ii) A statement identifying by date, case name, and case number all other matters in Colorado in which the attorney has sought pro hac vice admission in the preceding five years, and whether such admission was granted or denied;
(iii) A statement identifying all jurisdictions in which the attorney has been publicly disciplined or placed on disability inactive status, in which pro hac vice admission was denied or revoked, or in which the attorney has any pending formal disciplinary or disability proceeding, including in any of the three instances described above the date of the action, the nature of the violation, and the penalty imposed;
(iv) A statement identifying the party or parties represented, and verifying that the attorney has notified the party or parties represented of the verified motion requesting permission to appear;
(v) A statement that the attorney acknowledges he or she is subject to the Colorado Rules of Professional Conduct, the Colorado Rules of Civil Procedure, and other court rules, that the attorney will follow those rules throughout the pro hac vice admission, and that the verified motion complies with those rules;
(vi) The name, address, and membership status of the licensed Colorado attorney associated for purposes of the representation;
(vii) A certificate indicating service of the verified motion upon all counsel of record and the attorney’s client(s) in the matter in which leave to appear pro hac vice is sought;
(viii) The signature of the licensed Colorado associate attorney, verifying that attorney’s association on the matter; and
(ix) Such other information as the Attorney Regulation Counsel may from time to time request.
(3) Names and Appearances. The name and address of the licensed Colorado associate attorney must be shown on all papers served and filed by the out-of-state attorney in a pro hac vice representation. The Colorado associate attorney shall appear personally and, unless excused, remain in attendance with the out-of-state attorney in all pro hac vice appearances.
(4) Frequency of Appearances. A separate petition, fee, and order granting permission are required for each action in which the attorney appears as pro hac vice counsel in Colorado.
(5) Trial Court’s Ruling on Motion to Appear. The Attorney Regulation Counsel may provide information to the trial court that it believes relevant for the trial court’s ruling on the pending motion to appear. Notwithstanding any other provision of this rule, the trial court retains full authority to approve or deny the motion or revoke the pro hac vice status as it deems appropriate.
(6) Appellate Matters and Other Forms of Review.

(a) If an attorney wants to appear in a proceeding before a Colorado appellate court, and the attorney obtained permission to appear in a proceeding involving the same action in a Colorado state trial court, the attorney only needs to file an updated affidavit with the Clerk of the Office of Attorney Registration. No additional filing fee is required.
(b) If an attorney wants to appear in a proceeding before a Colorado appellate court and the attorney did not obtain permission to appear in a proceeding involving the same action in a Colorado state trial court or administrative agency, the attorney shall file a motion and affidavit with the clerk of the Colorado appellate court, with a copy sent to the Clerk of the Office of Attorney Registration, requesting permission to appear. The motion, affidavit, and filing fee must be submitted as otherwise provided in section (2) of this rule.
(7) Discipline and Disability Jurisdiction. Any attorney authorized to appear under this rule shall be subject to all applicable provisions of the Colorado Rules of Professional Conduct, except for the provisions of Colo. RPC 1.15A through 1.15E that require an attorney to have a business account and a trust account in a financial institution doing business in Colorado; and the Colorado Rules of Civil Procedure, except C.R.C.P. 227 (general registration fees) and C.R.C.P. 250 (mandatory continuing legal education).

C.R.C.P. 205.3

Source: Entire rule added and effective September 1, 2014; amended and adopted January 24, 2019, effective January 24, 2019.

Annotation Law reviews. For article, “Colorado Adopts Rules Governing Out-of-State Attorneys”, see 32 Colo. Law. 27 (February 2003). Criminal court may admit attorney pro hac vice. Although the criminal rules do not specifically authorize admission of an attorney pro hac vice, a court may apply the civil rules in a criminal case when the criminal rules do not specify a specific procedure. People v. Griffin, 224 P.3d 292 (Colo. App. 2009) (decided under former C.R.C.P. 221 ).