Pro Hac Vice Admission in SDNY and EDNY.
Two federal courts. Different procedures. Here is what out-of-state counsel needs to know.
SDNY vs. EDNY: Key Differences for Pro Hac Vice.
| SDNY | EDNY | |
|---|---|---|
| Filing fee | $200 | $200 |
| Local counsel required? | No (but advisable) | No (but advisable) |
| Filing system | CM/ECF | CM/ECF |
| Courthouse locations | 500 Pearl St (Manhattan), 300 Quarropas St (White Plains) | 225 Cadman Plaza East (Brooklyn), 100 Federal Plaza (Central Islip) |
| Telephonic appearances | Judge-specific; some limit to "listen only" | Judge-specific; varies by part |
Pro Hac Vice Requirements in SDNY.
The Southern District of New York does not categorically require local counsel for out-of-state attorneys, but federal pro hac vice admission has specific procedural steps.
The Motion and Affidavit
You must file a motion for admission pro hac vice electronically through CM/ECF. The motion must be accompanied by a supporting affidavit that confirms:
- You are admitted and in good standing in all jurisdictions where you are licensed.
- You have never been convicted of a felony.
- No disciplinary proceedings are pending against you in any state.
- You consent to the court's jurisdiction for all professional conduct matters arising in the case.
Certificate of Good Standing
You must obtain a Certificate of Good Standing from your home state bar, issued within 30 days of filing the motion. This is a separate document issued by your bar association and must be attached to your affidavit.
The Filing Fee
SDNY charges a $200 pro hac vice admission fee, payable to the court. This is in addition to any local counsel fees if you retain one. The fee is non-refundable and must be paid before your motion is approved.
No Formal Local Counsel Requirement in SDNY
SDNY Local Rule 1.4 does not mandate local counsel under pro hac vice. However, the practical reality is different. Some SDNY judges restrict telephonic and video appearances. Some require in-person attendance at all substantive conferences and motion arguments. Without a local attorney in New York, you will be traveling for every single appearance. The cost of frequent travel from out of state can exceed the cost of retaining local counsel from the start.
Pro Hac Vice Requirements in EDNY.
The Eastern District of New York covers Brooklyn and Long Island. The pro hac vice process is similar to SDNY with minor variations.
The Motion and Affidavit
File your motion electronically through CM/ECF with the supporting affidavit. The affidavit must contain the same basic representations: admission and good standing, no felony conviction, no pending discipline, and consent to jurisdiction.
Certificate of Good Standing
Same requirement as SDNY: a Certificate of Good Standing from your home bar, issued within 30 days of filing, attached to your affidavit.
The Filing Fee
EDNY charges a $200 pro hac vice admission fee, the same as SDNY. Like SDNY, the fee is non-refundable and must be paid electronically at the time of filing.
Courthouse Geography
EDNY has two main locations: Brooklyn (225 Cadman Plaza East) and Central Islip on Long Island (100 Federal Plaza). Assignments vary by judge and case type. If your case is assigned to a Central Islip judge, you are looking at travel time across the island. A local attorney familiar with both courthouses can manage this logistics without constant out-of-state coordination.
Same Practical Considerations as SDNY
Although EDNY does not formally require local counsel, judges vary in their tolerance for remote appearances. Some will allow telephonic participation in routine matters. Others require in-person attendance. The variability is part of the risk when you appear without local counsel.
Why You Should Have Local Counsel Even When It Is Not Required.
SDNY and EDNY do not mandate local counsel under their rules. But operating in federal court without someone on the ground creates hidden costs and logistical headaches.
Travel Costs Add Up Fast
A trip to New York for a 30-minute conference call or motion argument can cost $500 to $1000 in travel and hotel. Do this four or five times during discovery and your true litigation cost rises dramatically. A local counsel retainer at $2000 to $5000 per month often proves cheaper than the alternative.
Judge Preferences and Telephonic Restrictions
Some SDNY judges (particularly in the Manhattan office at 500 Pearl Street) have strict in-person appearance policies for substantive matters. Some EDNY judges will allow video or call-in appearance only for status conferences. Without local knowledge, you may arrive expecting to appear by phone only to be told in-person appearance is required. A local attorney knows the judge's practices.
CM/ECF Filing and Administrative Orders
Each judge issues a local standing order with specific filing requirements, formatting rules, and discovery protocols. These are not always intuitive. A local counsel who practices daily in these courts knows the nuances and catches filing errors before the judge's staff rejects your motion.
Discovery and Scheduling Coordination
Federal discovery is conducted at high speed compared to state court. Rule 26 propound interrogatories and document requests quickly. Depositions are scheduled weeks in advance. A local attorney can coordinate deposition locations, arrange for court reporters familiar with federal court procedure, and ensure your scheduling works across time zones and locations.
Emergency Applications and Temporary Restraining Orders
If you need a TRO or emergency application, you need someone who can be in the federal courthouse within hours, not someone who needs to catch a flight. A local counsel can move on emergency matters with the speed the situation requires.
More on pro hac vice: Pro Hac Vice Local Counsel in New York
State Court Pro Hac Vice Is Different.
This page focuses on federal court (SDNY and EDNY). But if you have a parallel proceeding in New York Supreme Court, pro hac vice works completely differently in state court.
State Court Requires Local Counsel. New York's Appellate Division Department rules (22 NYCRR 520.11) require that out-of-state attorneys have a local counsel who is licensed in New York and appears jointly on all papers. Unlike federal court, where local counsel is optional, state court pro hac vice is a joint appearance with a New York-licensed attorney.
Different Appellate Division Departments have varying requirements. The First Department (Manhattan, Bronx) has specific procedural requirements that differ slightly from the Second Department (Brooklyn, Queens, Staten Island) and the Third and Fourth Departments upstate.
Full guide: How to File a Pro Hac Vice Motion in New York