Affirmation
(New York Attorney to Support Pro Hac Vice Motion for Admission) (NY)

Summary

This Affirmation of New York Attorney to Support a Pro Hac Vice Motion for Admission (NY) is a standard form affirmation a New York attorney may use to support a motion for pro hac vice admission of an out-of-state attorney in an action pending in New York Supreme Court. This template includes practical guidance, drafting notes, and optional clauses. To gain admission pro hac vice to a New York court, an out-of-state attorney must arrange for a member of the New York bar to file a motion on his or her behalf seeking admission in a particular case. The out-of-state attorney cannot file the motion themselves. The motion must include: • An affidavit from the out-of-state attorney: ○ Stating that they are a member in good standing of the bar of another state, territory, district, or foreign court (see 22 NYCRR § 520.11(a)(1)) ○ Identifying all jurisdictions in which they are admitted to practice law and the dates of admission ○ Attaching recent (dated no more than 30 days from the motion filing date) certificates of good standing for those jurisdictions, including an original certificate from the state in which the out-of-state attorney maintains his or her principal law office. (see 22 NYCRR § 1250.4(e)) ○ Stating that they are familiar with and shall comply with the standards of professional conduct imposed upon attorneys admitted to practice in New York, including the rules of court governing attorney conduct and the Rules of Professional Conduct (see 22 NYCRR § 520.11(e)(1)) ○ Averring that they will subject themselves to the jurisdiction of the New York courts with respect to any acts occurring during his or her participation and representation in the matter (see 22 NYCRR § 520.11(e)(2)) ○ Providing the name of his or her local counsel admitted to practice in New York (see 22 NYCRR § 1250.4(e)) • An affirmation signed by an attorney admitted to practice in New York who is: ○ A member in good standing of the New York bar –and– ○ Attorney of record for the moving party See 22 NYCRR § 520.11(c). After the out-of-state attorney is admitted pro hac vice, the New York attorney of record must still: • Appear with the out-of-state attorney at all court appearances • Sign all pleadings, briefs, and other papers filed with the court The court of record may grant admission pro hac vice in its discretion. See 22 NYCRR § 520.11(a)(1). Check the court's local rules and part practices as well as your judge's individual rules to determine if there are additional provisions governing pro hac vice admission requests. These provisions can include rules: • Permitting attorneys to request pro hac vice admission by stipulation or on motion • Requiring the movant to submit a proposed order • Requiring a faxed notification to the court if the pro hac vice motion is unopposed Some local rules also require you to disclose: • The number of times the out-of-state attorney has applied for admission pro hac vice in New York • The number of times those applications have been granted or denied –and– • Whether the out-of-state attorney has ever been, or is presently, subject to disciplinary proceedings For a full listing of key content covering fundamental civil litigation tasks throughout a New York court litigation lifecycle, see Civil Litigation Fundamentals Resource Kit (NY). For a related filing in support of a motion for pro hac vice admission, see Affidavit (Out-of-State Attorney to Support a Pro Hac Vice Motion for Admission) (NY). For more details on serving and filing a motion on notice, see Motion Practice: Filing and Serving Motion Papers (NY).