Rule VI Pro Hac Vice

A. Upon written application, an attorney who is not admitted to practice law in the state courts of Montana and who is at the time admitted and authorized to practice law in the highest court of another state may, with leave of the presiding court, appear pro hac vice in any action or proceeding, if an attorney admitted to practice in the courts of Montana is associated as attorney of record. B. Except as provided in Rule VI.L. and VI.M., an attorney may not appear pro hac vice under this Rule if the attorney is a resident of Montana, is regularly employed in Montana, or is engaged in the practice of law or in substantial business or professional activities in Montana, unless the attorney has an application for admission pending with the Bar Admissions Administrator. C. Upon an attorney or firm’s second appearance pro hac vice, no further pro hac vice appearances are permitted except upon a showing of good cause. Findings of good cause to exceed the two-appearance limit are not to be routinely granted.

For purposes of this Rule, “good cause” includes, by way of example only, a showing that the attorney or firm seeking to appear pro hac vice possesses experience or expertise not commonly available in the membership of the State Bar of Montana or where the attorney or firm is acting as counsel in a multistate class action. For purposes of this Rule, only those appearances made after November 17, 1998, will be considered. D. Applications for pro hac vice appearance must be obtained from the Bar Admissions Administrator. Except as provided in Rule VI.L. and VI.M., the application form must require that the applicant provide the following information: 1. the applicant’s residence and office addresses; 2. the state and federal courts in which the applicant has been admitted to practice and the dates of admission; 3. whether the applicant is a member in good standing in those courts; 4. whether the applicant is currently suspended or disbarred in any court and, if so, a description of the circumstances under which the suspension or disbarment occurred; 5. whether the applicant is the subject of any written complaints pending before a disciplinary agency in any jurisdiction and, if so, a description of the nature and status of any pending disciplinary complaints, including a copy of the complaint; 6. an identification of all law firms with which the applicant is associated and a description of all pending pro hac vice appearances of the applicant’s firm(s) in Montana; 7. the title of each state court and cause in which the applicant has filed an application to appear as counsel pro hac vice, the date of each application, and whether it was granted; 8. the name, address, and telephone number of the active member of the State Bar of Montana who is the attorney of record;

9. an affirmation that the applicant will comply with the applicable statutes, law, and procedural rules of the state of Montana; be familiar with and comply with the Montana Rules of Professional Conduct; and submit to the jurisdiction of the Montana courts, the Montana disciplinary process, and the State Bar of Montana with respect to acts and omissions occurring during appearances under this Rule; and 10. whether payment has been made in accordance with the requirements of Rule VI.E. E. Except as provided under this Rule, the completed application, along with a fee equal to the annual amount paid by active members of the Montana Bar, must be filed with the Bar Admissions Administrator. F. Except as provided under this Rule, the application will be reviewed by the Bar Admissions Administrator, who shall certify the number of prior appearances the applicant has been granted under Rule VI.C., whether the applicant has provided the required information, whether the applicant is in good standing in the other jurisdiction(s) where admitted, and whether Montana counsel is in good standing. G. Upon certification, the Bar Admissions Administrator shall forward the application to the appropriate court or agency. The court or agency shall enter an order granting or refusing the application and, if the applicant is refused, the court or agency shall state its reasons. The court or agency shall mail a copy of the order to the applicant, counsel of record, and the Bar Admissions Administrator. H. The Bar Admissions Administrator shall maintain a record of all pro hac vice applications as a public record. Attorneys appearing pro hac vice shall notify the Bar Admissions Administrator upon conclusion of the matter in which the attorney appeared. I. An attorney appearing pro hac vice under this Rule is subject to the jurisdiction of the Montana courts and agencies with respect to Montana law governing the conduct of attorneys to the same extent as an attorney admitted to practice in the courts of this state. The attorney appearing pro hac vice shall comply

with the Montana Rules of Professional Conduct and is subject to the disciplinary jurisdiction of the Montana Supreme Court. The court or agency in which an attorney is appearing pro hac vice or the Montana Supreme Court may, for violations of Montana law, the Montana Rules of Professional Conduct, Rules for Admission to the Bar of Montana, or orders of the court, withdraw its permission for an attorney to appear pro hac vice. J. Montana attorneys of record shall sign all pleadings, motions, and briefs and participate actively in all phases of the case, including, but not limited to, attendance at depositions and court or agency proceedings, preparation of discovery responses and briefs, and all other activities necessary to be prepared to go forward with the case at all times. A district court or agency, upon motion by local counsel, may waive this Rule based upon a showing of extraordinary circumstances. Upon waiver of the Rule by the district court or agency, all papers subsequently filed shall be signed by counsel actively involved in the case. Such a waiver is not to be routinely granted. K. Attorneys admitted pro hac vice shall continue to pay annual dues and fees as provided in Rule I.G.6. while the case is pending. L. An applicant is not required to associate with local counsel as described in Section VI.A. of this Rule or pay the fee established by Section VI.E. if the applicant establishes to the satisfaction of the State Bar of Montana Admissions Administrator that: 1. The applicant seeks to appear in a Montana court for the limited purpose of participating in a child custody proceeding as defined by 25 U.S.C. § 1903 pursuant to the Indian Child Welfare Act of 1978, 25 U.S.C. § 1901 et. seq; or participating in a child custody proceeding as defined by Montana Code Annotated § 41-3-1303(3), pursuant to the Montana Indian Child Welfare Act, Montana Code Annotated § 41-3-1301 et. seq;

2. The applicant represents an Indian tribe, parent, or Indian custodian, as defined by 25 U.S.C. § 1903; or Montana Code Annotated § 41-3-1303; and 3. One of the following: a. If the applicant represents an Indian tribe, the Indian child’s tribe has executed an affidavit asserting the tribe’s intent to intervene and participate in the state court proceeding and affirming the child’s membership or eligibility of membership under tribal law; or b. If the applicant represents a parent or Indian custodian, the tribe has affirmed the child’s membership or eligibility of membership under tribal law. M. A new applicant seeking pro hac vice status to practice before the Montana Water Court and before the Montana Supreme Court in appeals arising from Water Court cases (not previously granted such status), is not required to associate with local counsel as described in Section VI.A. of this Rule or pay the fee established by Section VI.E. and VI.K. if the applicant is an employee of the federal government. Any such applicant shall bring a motion before the Water Court requesting pro hac vice admission and file a Water Court Pro Hac Vice Form available from the State Bar of Montana. The appearance of a federal attorney pursuant to this Rule shall constitute a single appearance, allowing the applicant to participate in any Water Court proceeding in any basin without exceeding the limitation in Section VI.C. The United States Department of Justice is not a firm for purposes of Section VI.C.