Limited Appearance in Florida
Before a lawyer licensed in another state may represent someone in a Florida court or appear in an arbitration proceeding in Florida, the lawyer must file a Motion to Appear Pro Hac Vice (for court proceedings) or a Verified Statement (for arbitration proceedings). The procedures those lawyers must follow are discussed on this page.
Q. Is there a form Motion to Appear Pro Hac Vice that must be used?
A. Yes. Rule 2.510 of the Florida Rules of Judicial Administration requires that the form motion which is part of the rule be filed.
Q. Is there a form Verified Statement?
A. Yes. The Florida Bar has developed a form statement. You should consult rule 1-3.11 and rule 4-5.5 of the Rules Regulating The Florida Bar to determine whether you need to file a Verified Statement..
Q. The Motion to Appear Pro Hac Vice and the Verified Statement require a $250 fee to The Florida Bar. How do I submit payment?
A. If submitting online, you may pay via debit or credit card. If mailing in a physical copy of the motion/verified statement with a check, the check must be made out to The Florida Bar and mailed to PHV Admissions, 651 E. Jefferson St., Tallahassee, Florida 32399-2300.
Q. Does the Bar get the original or a copy?
A. The Bar gets a copy. The original is filed with the court or the arbitration panel/body.
Q. Does The Florida Bar rule on the Motion to Appear Pro Hac Vice?
A. No. The court before which the lawyer wishes to appear rules on the Motion. This is why you must file the original Motion with the court.
Q. Will the Bar rule on the Verified Statement?
Q. Is there another fee that needs to be sent to the clerk when a Motion to Appear Pro Hac Vice is filed?
A. Yes. There is a $100 statutory filing fee that needs to be paid to the court before which the lawyer wishes to appear. That fee is separate from the $250 fee which you must send to The Florida Bar.
Q. Do I need to set a hearing on the Motion to Appear Pro Hac Vice?
A. That is up to the court. A hearing is not set by The Florida Bar or held before The Florida Bar.
Q. Do I need to set a hearing on the Verified Statement in the arbitration matter?
A. That is up to the rules of the entity before which you are appearing. A hearing is not held by The Florida Bar.
Q. Once The Florida Bar has received the copy of the Motion to Appear Pro Hac Vice, will I hear from The Florida Bar?
A. Yes. You will receive an email with your Pro Hac Vice number that will be used for e-filing.
Q. Once The Florida Bar has received the Verified Statement, will I hear from The Florida Bar?
Q. How many Motions or Statements do you have to file if more than one lawyer from the firm is appearing?
A. Each lawyer must file a Motion to Appear Pro Hac Vice or a Verified Statement and pay the $250 fee. For example, if three lawyers are appearing, the fee will be $750.
Q. If I am filing a Pro Hac Vice motion in federal court case, do I need to send a copy of my motion and a $250 fee to The Florida Bar?
A. No. Fla. R. Jud. Admin. 2.510 and R. Regulating Fla. Bar 1-3.10 only apply to Pro Hac Vice appearances in Florida state courts.
Q. Do I have to send the Bar a Pro Hac Vice motion or Verified Statement if I am appearing before an administrative agency or the Division of Administrative Hearings (DOAH)?
A. No, you do not need to send the Bar any filing or fee for an appearance in an administrative proceeding. However, you should check the rules of the state agency or DOAH to determine the requirements for appearing and whether you need to file something with the agency or DOAH.
E-Filing by Pro Hac Vice Attorneys In Florida State Courts
E-filing through the Portal is mandatory in Florida state trial courts and civil divisions for all attorneys. To e-file you must register with the Portal and to register with the Portal, you must have a Pro Hac Vice (PHV) number.
NEW REQUESTS TO APPEAR
Your PHV number will be assigned by The Florida Bar upon receipt of a copy of your Motion to Appear Pro Hac Vice and the $250 fee. Pursuant to the Rule 2.510, you must continue to file a Motion to Appear Pro Hac Vice with the court and send a copy to The Florida Bar with the $250 fee in every case in which you wish to appear, even after you have a PHV number. You will receive your PHV number in an email from The Florida Bar. Remember that The Florida Bar merely assigns a PHV number for access to the Portal for filing. The Florida Bar will not rule on the motion and the issuance of a PHV number does not allow you to appear in a matter; only a court can grant that permission. Your PHV number is not a Florida Bar number and may not be used to appear in cases when not authorized by the court. Until you receive your PHV number, all pleadings, including the initial motion, must be e-filed by the local Florida attorney designated in your motion. You should make arrangements with the local attorney regarding filing.
Questions regarding the rules should be directed to the Unlicensed Practice of Law department at 850-561-5840. For questions regarding your PHV number, please contact Membership Records at 850-561-5831.