How to File a Pro Hac Vice Motion in New York.
A practical guide to admission under 22 NYCRR 520.11, including what the rule does not tell you.
What Is Pro Hac Vice Admission in New York?
Pro hac vice, Latin for "for this occasion," allows an out-of-state attorney to appear in a specific case in New York without becoming a member of the New York State Bar. The rule is 22 NYCRR 520.11. It is straightforward on its face: file a motion, get a local counsel signature, pay the fee, and you are in.
What 520.11 does not say is that your local counsel must be actively involved, not just a rubber stamp. The rule requires local counsel to be a member in good standing of the New York bar. The local counsel must serve as attorney of record. And your local counsel is responsible for every procedural aspect of the case going forward, whether or not you remain involved after admission.
22 NYCRR 520.11 applies to New York Supreme Court (state court). Federal courts (SDNY, EDNY) have their own pro hac vice procedures under their local rules, though it is strongly advisable to associate local counsel because many judges restrict telephonic appearance or do not permit it at all.
Step-by-Step: Filing Your Pro Hac Vice Motion.
- Retain local counsel admitted in New York. This is mandatory under 520.11. Your local counsel will be attorney of record on every filing and will be responsible for court appearances, procedural compliance, and communication with the court. Do not treat this as a formality. Your local counsel needs to understand your case and your litigation strategy.
- Obtain Certificate of Good Standing from every jurisdiction where you are admitted. The certificate must be issued by the court or regulatory body (not just the state bar). Requirements vary by Appellate Division Department (1st, 2nd, 3rd, 4th). Check the specific requirements of the Appellate Division that covers your case before ordering the certificate.
- Complete the pro hac vice application form. Your local counsel will send you the pro hac vice application form to fill out. The form requires your name, bar admission details, the jurisdictions where you are admitted, and your disciplinary history. You complete the form and return it with your Certificates of Good Standing. Your local counsel then reviews everything, prepares the motion and supporting affidavit, and drafts a proposed order for the judge.
- File via NYSCEF (mandatory for all civil actions as of 2026). The motion, affidavit, Certificates of Good Standing, and proposed order must be filed through the New York State Courts E-Filing System (NYSCEF). Your local counsel will handle the e-filing. The document classification and pull-down menus can be tricky. Make sure your local counsel has done this before.
- Pay the court filing fee. Court filing fees vary by court (see table below). This is separate from your local counsel's professional fee. The fee must be paid before the court will process the motion. Some courts process payment electronically through NYSCEF. Others require separate payment to the court.
- Court reviews and grants or denies the motion. Most pro hac vice motions are granted within 2 to 4 weeks. The judge may impose conditions, such as requiring your local counsel to attend all appearances. Once granted, you are admitted pro hac vice for that specific case. The admission does not carry over to other cases or appeals.
- If opposed, local counsel argues the motion. Opposition to pro hac vice motions is rare. If opposing counsel objects, the court may schedule oral argument. Your local counsel will defend your qualifications and good standing in front of the judge. Denial can be appealed, but the process adds significant time to your case.
Pro Hac Vice Filing Fees by Court.
| Court | Filing Fee |
|---|---|
| NY Supreme Court (state) | Varies by county. Typically no separate PHV fee beyond motion filing. Check the specific county court for current fees. |
| SDNY (federal) | $200 |
| EDNY (federal) | $200 |
Note: These are court filing fees only. They do not include your local counsel's professional fees for preparing and filing the motion. Ask your local counsel for a separate quote for their services.
Requirements That Trip Up Out-of-State Firms.
Certificate of Good Standing must come from the right place. Do not order your Certificate from the state bar association alone. Courts require Certificates issued by the court or regulatory authority in each jurisdiction where you are admitted. A bar association letter is not the same thing. Order from the court clerk or the regulatory body that issued your license. Some jurisdictions charge a fee. Plan ahead.
Requirements vary by Appellate Division Department. New York has four Appellate Division Departments (1st Department covers Manhattan and the Bronx; 2nd Department covers Brooklyn, Queens, Staten Island, and some suburban counties; 3rd Department covers the upper Hudson Valley; 4th Department covers most of upstate). Each Department may have slightly different rules about what Certificates are required, what form they must take, and what information they must contain. Do not assume uniformity across the state. Check the specific Appellate Division Department that covers your case.
Must be separately admitted for appeals. If your case is appealed, you cannot rely on your trial court pro hac vice admission. You must file a separate pro hac vice motion with the Appellate Division. Many out-of-state firms are caught off guard by this requirement. Plan for a separate motion if appeal becomes likely.
NYSCEF e-filing is mandatory. As of January 1, 2026, mandatory e-filing through NYSCEF applies to all civil actions statewide. Your local counsel must handle this. Do not try to do it yourself. The system is not intuitive, and rejected filings create unnecessary delays. A local attorney who files in these courts regularly will navigate NYSCEF correctly the first time.
Some judges require hard copies despite e-filing mandate. Even though e-filing is mandatory, some judges want hard copies of substantive motions delivered to their chambers or chambers' office. Your local counsel will know which judges have this preference. Out-of-state attorneys who rely on NYSCEF alone can miss these judge-specific requirements.
CPLR formatting and citation requirements differ from most other jurisdictions. New York's Civil Practice Law and Rules (CPLR) is notoriously technical. The format for case captions, the way you cite to rules and statutes, and the page limits for motions all differ from federal practice and from most state practice. Your local counsel must ensure compliance. Noncompliance can result in rejection or striking of a motion.
Do You Need Local Counsel for Pro Hac Vice in New York?
In NY Supreme Court (state court): Yes. 22 NYCRR 520.11(a)(1) explicitly requires that an out-of-state attorney be associated with a local counsel who is a member in good standing of the New York State Bar. Local counsel must be attorney of record and is responsible for the case from admission forward, including all procedural compliance, discovery deadlines, and court appearances.
In federal court (SDNY, EDNY): There is no formal requirement to associate local counsel. However, it is strongly advisable. Many federal judges in this circuit only permit telephonic appearances in listen-only mode, meaning you cannot argue from the phone. Others do not permit telephonic appearance at all. Having local counsel on the ground eliminates this limitation and shows the court you are serious about the case. Some judges view pro hac vice admissions without local counsel as a red flag.
In either court system, do not treat local or federal counsel as a rubber stamp. Choose an attorney who understands your case, your strategy, and the specific court where you will be litigating. A passive local counsel creates liability for you and delays for your client.
What Happens If Your Pro Hac Vice Motion Is Denied or Opposed?
Denial of a pro hac vice motion is rare but does happen. Common reasons for denial include: (1) the out-of-state attorney has a history of misconduct or disciplinary issues; (2) the local counsel does not appear to have meaningful involvement in the case; or (3) the motion fails to comply with local court rules.
If opposing counsel opposes your motion, the court will typically order supplemental briefing or schedule oral argument. Your local counsel will be required to appear and argue why your admission should be granted. The arguments usually focus on your professional qualifications, your good standing in your home jurisdiction, and the necessity of your involvement for the case.
If the court denies the motion, you cannot appear pro hac vice in that case. Your only option is to appeal to the Appellate Division. This process takes months and is expensive. Denial is a significant setback. Having experienced local counsel who understands the judge and the Appellate Division procedures is critical if opposition occurs.
Frequently Asked Questions.
How long does pro hac vice admission take in New York? +
Pro hac vice admission typically takes 2 to 4 weeks from filing through NYSCEF. The timeframe depends on the judge's workload and whether the motion is unopposed. Some judges rule within days on routine, unopposed motions. If opposing counsel objects, expect oral argument and a longer timeline. Plan for at least 4 to 6 weeks if opposition occurs.
What is the filing fee for a pro hac vice motion in New York? +
Court filing fees vary by court. NY Supreme Court has no separate pro hac vice fee beyond the motion filing cost (varies by county). Federal courts charge: SDNY ($200) and EDNY ($200). These are court fees only and do not include your local counsel's professional fee for motion preparation and filing.
Do I need local counsel for pro hac vice in New York state court? +
Yes. 22 NYCRR 520.11 requires that an out-of-state attorney be associated with a member of the New York State Bar in good standing. The local counsel must be attorney of record. For federal courts, there is no formal requirement, but it is strongly advisable because many judges restrict or prohibit telephonic appearance.
Can I appear pro hac vice in both SDNY and NY Supreme Court on the same case? +
Yes. These are separate proceedings with separate motions and separate filing fees. Coordinate with your local counsel (for state court) and federal counsel (if applicable) to ensure both motions are filed on schedule. You may be admitted pro hac vice in both courts for the same case, but each jurisdiction processes its own motion independently.
What happens if my pro hac vice motion is opposed? +
Opposition is rare. If opposing counsel objects, the court typically orders supplemental briefing or oral argument. Your local counsel will argue the motion and defend your qualifications and good standing. Denial can be appealed to the Appellate Division, but the appellate process adds significant time and cost. Having experienced local counsel is critical in opposed motions.
Need Local Counsel for Your New York Case?
We prepare and file pro hac vice motions under 22 NYCRR 520.11 for out-of-state attorneys. We handle the motion filing, any court objections, and your admission process before your first appearance. We also serve as your ongoing local counsel for court appearances, discovery, NYSCEF compliance, and procedural guidance.
Call or visit our Pro Hac Vice service page to discuss your matter. Phone: 212-233-0666. Text/Emergency: 917-686-3827. Email: fabramson@abramsonlegal.com.