Pursuant to Rule 3(A), Admission to Practice Rules, a nonresident lawyer may occasionally be permitted to appear as counsel in an action in a trial court of this state or before an administrative agency or tribunal in this state. Pro hac vice admission is required for all nonresident lawyers admitted and licensed to practice law in another state or the District of Columbia, but not licensed in North Dakota, and who engage in the practice of law in this state by appearing, either in person, by signing pleadings, or by being designated as counsel in actions filed in state courts, administrative agencies, or tribunals.

How To

The lawyer must:

  1. Designate an associate lawyer admitted and licensed to practice law in this state;
  2. File a motion requesting permission to appear and an affidavit in support of the motion with the clerk of the trial court, the hearing officer of the administrative agency matter, or the presiding officer of the tribunal. (See Rule 3(A)(1)(b) for the required contents of the affidavit.);
  3. File a copy of the motion and affidavit with the State Board of Law Examiners at the same time they are filed with the trial court, administrative agency, or tribunal; and
  4. Remit the fee of $380 [payable only by check or money order to the State Board of Law Examiners; no credit cards accepted] to the State Board of Law Examiners or certify that the fee has already been paid during that calendar year.

A new motion is required to be filed for every separate proceeding in which a lawyer wishes to appear.  The fee, however, is paid only annually.

The court, hearing officer, or presiding officer is the authority who grants permission to appear pro hac vice. The Board of Law Examiners acts as the repository for the documents and fees.

Annual Payment/Continuing Appearance

If a lawyer continues to appear in another calendar year in a North Dakota state proceeding for which a motion for pro hac vice admission has already been filed, the lawyer is required to pay a fee of $380 by January 1 of the next calendar year after the initial filing.

Payment to the State Board of Law Examiners is accepted only by check or money order (no credit cards accepted).  When remitting payment, include a letter which provides the name of the proceeding(s) in which the lawyer will be appearing in upcoming year.

Mail to:

State Board of Law Examiners
Judicial Wing, 1st Floor
600 E. Boulevard Ave.
Bismarck, ND 58505-0530