Opinion
No. M2003-02497-SC-RL2-RL.
Filed October 17, 2003.
ORDER
This Court hereby publishes for public comment a proposed amendment to Supreme Court Rule 19, relative to pro hac vice appearances. The proposed amendment is attached hereto as Appendix A. This Court solicits written comments on the proposed amendment from the bench, the bar, and the public. The deadline for submitting written comments is December 17, 2003. Comments should be addressed to:
Mr. Cecil V. Crowson, Jr. RE: Rule 19 Comments 100 Supreme Court Building 401 Seventh Avenue North Nashville, TN 37219-1407
This order and the proposed amendment shall be posted on the Tennessee Supreme Court website.
It is so ORDERED.
APPENDIX A — PROPOSED AMENDMENT
RULE 19. APPEARANCE IN THE TRIAL AND APPELLATE COURTS OF TENNESSEE OF OUT-OF-STATE COUNSEL PRO HAC VICE.
A lawyer residing outside of the State of Tennessee who is licensed, in good standing and admitted to practice before the court of last resort in the state of the lawyer's residence, will be permitted to appear pro hac vice, file pleadings, briefs, and fully participate in the trial and appellate courts of Tennessee subject to compliance with the following conditions:
(1) The foreign lawyer shall file a motion in the court in which he or she desires to appear not later than the first occasion on which the foreign lawyer files any pleading, etc., or appears personally; in support of the motion, the foreign lawyer shall file a certificate of good standing from the court of last resort in the state of the lawyer's residence and also shall file an affidavit, which affidavit shall contain the following information:
(A) The affiant's full name, residence address, and office address, and the style of the case in which the affiant desires to appear;
(B) A statement that the affiant is currently licensed and admitted to practice before the court of last resort of the state of his or her residence , and that no disciplinary action or investigation of his or her conduct is pending; and
(C) A statement that the affiant agrees to subject himself or herself to the jurisdiction of the courts of Tennessee in any manner arising out of his or her conduct in such proceedings and agrees to be bound by the Rules of Professional Conduct applicable to Tennessee lawyers and the interpretation thereof by Tennessee courts.
(2) At the time of filing of the motion and supporting affidavit, the foreign lawyer shall pay to the clerk of the court in which he or she desires to appear a pro hac vice fee of one hundred dollars ($100.00).
(3) No foreign lawyer may appear pro hac vice in any court of this State unless he or she has first associated a lawyer who is licensed, in good standing, resides and maintains a law office in the State of Tennessee. The Tennessee lawyer and the lawyer appearing pro hac vice, shall sign all pleadings, motions, briefs, etc., and the Tennessee lawyer shall personally appear for all court proceedings, unless excused by the court in which the case is pending.