Official Procedure Last Change January 19, 2018
Motion to Appear Pro Hac Vice
How to file:
Location of event: Bankruptcy > Motions, Applications & Briefs > Pro Hac Vice, Motion to Appear
Things to be aware of when filing: The Motion must be filed electronically by the attorney seeking admission, not by another attorney filing on their behalf - even if the attorney seeking admission is in the same law firm as the attorney filing. The attorney seeking admission must have their own CM/ECF log in and password.
- A Motion to Appear Pro Hac Vice is a request by an attorney who is not admitted to practice in the Southern District of Indiana to appear in a specific action.
- Motions to Appear Pro Hac Vice must be filed electronically via CM/ECF. They cannot be filed on paper and mailed or hand delivered to the Clerk's Office. See separate procedure for information on registering for a CM/ECF log in.
- The Motion must be filed by the attorney seeking admission, not by another attorney filing on their behalf. This is the case even if the attorney seeking admission is in the same law firm as the attorney filing. The attorney seeking admission must obtain their own CM/ECF log in and password.
- CM/ECF will not permit a Pro Hac Vice attorney to file any documents other than Proofs of Claim on an existing case until they have first filed their Motion to Appear Pro Hac Vice on that case.
- It is not necessary to file separate Motions to Appear Pro Hac Vice in both the main case and any associated cases or adversary proceedings. An order granting the Motion in one case or adversary proceeding will automatically provide filing rights on all associated cases or proceedings. However, this does not negate any requirement for an appearance when filing documents in any of the associated cases or adversaries. Only on the case where the Order Granting Motion to Appear Pro Hac Vice was entered is an appearance not required.
- It is not necessary to file a second Motion if representing a second client on the same case. Only one Motion is required per case.
- A filing fee is due for each Motion filed. View current fees. The fee must be paid online via pay.gov.
- Use of the Court's sample form is encouraged.
- The Motion must be signed by the moving party.
- The Motion must be accompanied by a Certificate of Service.
- If the moving attorney is not admitted to practice in Indiana, an Affidavit In Support of Motion must also be filed.
- If seeking appearance for two or more attorneys, separate motions must be filed, even if the attorneys are from the same law firm.
- A separate motion must be filed for each case in which an appearance is sought.
- It is not necessary to upload a proposed order - the court will prepare one.
1. Log into CM/ECF.
2. Select Bankruptcy > Motions, Applications & Briefs.
3. Enter case number (in the format xx-xxxxx) and click Next.
4. Select Pro Hac Vice, Motion to Appear from the event list and click Next.
5. Select appropriate radio button to indicate whether or not the Motion you are filing is amended.
6. Check box if jointly filing with another attorney. Click Next.
7. If you indicated that you are filing jointly with other attorney(s), select additional attorney(s) and click Next.
Note: You cannot add attorneys. Only attorneys who have previously entered an appearance will be available for selection.
8. Select the party filer. If the party is not listed, or cannot be selected, view instructions on adding a new party. Click Next.
Note: The "Attorney/Party Association” screen may appear. If your party selection was correct, check the box to create an association and click Next.
10. Select appropriate radio button regarding affidavit and click Next.
11. The filing fee due is displayed. If you indicated in step 5 that you are filing an amended motion, select the motion that is being amended. Click Next.
12. Select prefix text, if applicable, and click Next.
Note: The prefix text option is not available if you indicated in Step 5 that the Motion you are filing is amended.
13. Verify final docket text. If correct, click Next to submit.
Note: The Notice of Electronic Filing displays giving you the document number. Copies of this notice are immediately e-mailed to all participants who receive electronic notification in the case.