Minn. Gen. R. Prac. 5.05
The out-of-state lawyer is subject to all rules that apply to lawyers admitted in Minnesota, including rules related to e-filing and the registration requirements for e-filing in Rule 14.02(a) of the General Rules of Practice for the District Court. To the extent that electronic service on the out-of-state lawyer under rule 14 is unavailable, service of documents on the lawyer admitted to the bar of this state and who appears as counsel of record with the out-of-state lawyer shall constitute notice to and service on the party.
Any lawyer appearing pursuant to this rule is subject to the disciplinary rules and regulations governing Minnesota lawyers, including the Minnesota Rules of Professional Conduct and the Rules on Lawyers Professional Responsibility, and by applying to appear or appearing in any action is subject to the jurisdiction of the Minnesota courts.
Minn. Gen. R. Prac. 5.05
Advisory Committee Comment-2021 Amendment
Rule 5 is substantially revised to provide greater guidance to the trial courts and counsel for the consideration of the admission of pro hac vice counsel. The rule is substantially consistent with the earlier version of the rule, but is expanded and the standards for admission as well as the process for obtaining leave to participate as pro hac vice counsel is established in greater detail.
This comment is intended to be comprehensive in scope and essentially incorporates the portions of the earlier advisory committee comments to the extent they are still applicable. The earlier comments are retained for any historic value they may have. Rule 5.01 sets forth the requirements for admission pro hac vice. The threshold requirements are that 1) the lawyer to be admitted must be a lawyer in good standing in the jurisdiction where the lawyer primarily practices; 2) the lawyer is not suspended or disbarred in any jurisdiction; and 3) the lawyer pays a $450 fee to the Minnesota Board of Law Examiners. The application to the board may be made without notice to other parties in any pending or proposed action. The subsequent motion to the court must be made with notice to all parties to the action. See Rule 5.
The determination that these three requirements are satisfied is delegated to the Board of Law Examiners. The application process is established in Rule 5.03.
The amended Rule 5.01(b) establishes precisely when pro hac vice admission is required: whenever a non-admitted lawyer either appears in a proceeding to argue before the court or is the lawyer signing any pleading or other document in the case. This standard is consistent with the definition of when pro hac vice admission is required by the appellate courts under Minn. R. Civ. App. P. 143.05, subd. 1. Rule 5.01(b) is intended to establish a bright-line standard. Non-admitted lawyers who merely attend hearings, trial, or other proceedings in a non-speaking role are not required to be admitted pro hac vice. Similarly, mere appearance in the signature block of pleadings or other documents does not require admission.
The rule contemplates that the application for and approval of pro hac vice admission must be completed before the lawyer may argue or sign pleadings in a Minnesota action. Rule 5.01(b) recognizes, however, that judges have the inherent discretion to allow a non-admitted lawyer to appear on shorter notice when exigent circumstances are present. This rule does not allow an extended or routine exception to the "apply first, then appear" rule and is intended to apply only when unusual urgency exists, such as at the inception of an action where time is short or where temporary injunctive relief is sought. The court then relies on the Minnesota attorney's and proposed pro hac vice counsel's representations that the criteria for admission are present and that the complete application and motion will be promptly filed.
Pro hac vice admission under Rule 5 is intended to be an isolated or occasional event.
Rule 5.02 contains exceptions to its requirements generally as well as exceptions to the requirement that an application fee be paid. Rule 5.02(a) recognizes that other rules specifically exempt non-admitted lawyers from being required to be admitted in Minnesota or even to commence an action in the Minnesota courts as provided in Minn. R. Civ. P. 45.06(b). Rule 5.02(b) identifies the only two circumstances that will allow payment of the fee to be waived: for out-of-state lawyers handling a pro bono case and lawyers representing a governmental entity. The rule provides a specific definition of what pro bono means-the lawyer must represent a client of limited means and must do so without expectation of recovering a fee from any source, including the client or under any fee-shifting statute or rule. The fee waiver for representation of a governmental entity applies to federal, state, or local governments or other political subdivisions or agencies.
Rule 5 is intended to require an attorney appearing in a case to pay the application fee once in the case. Pro hac vice admission will typically last for the duration of the case in the district court; separate application to the appellate courts must be made to appear pro hac vice on appeal under the Rules of Civil Appellate Procedure.
Rule 5.03 sets forth the requirements for submitting the application to the Minnesota Board of Law Examiners. The application must be verified in the manner required by the Board of Law Examiners. The rule requires certification of good standing from the single jurisdiction where the lawyer primarily practices but requires disclosure of any suspension or disbarment in any jurisdiction. The rule enumerates information required in every application, but also provides for the requirement of additional information if requested by the Board of Law Examiners.
The actual motion for admission pro hac vice is made by an active member of the Minnesota Bar. That lawyer must have appeared in the case and be representing the same client or clients. The motion must be served on all parties and be accompanied by an affidavit from the lawyer to be admitted setting forth the particular detailed information for the court. Rule 5.04( c) defines the standard for deciding the application for admission. It recognizes that admission should be liberally granted.
Rule 5.04(b) recognizes that a motion filing fee may be required by statute. See Minn. Stat.§ 357.021, subd. 2(4). Although documents can be rejected for filing under R. Civ. P. 5.04(c) only for limited reasons, failure to tender a required filing fee is one such reason.
Rule 5.04(d) underscores that appearance pro hac vice is inherently allowed in the discretion of the court, and is subject to revocation. This is an important and practical sanction. Rule 5.05 makes it clear that pro hac vice lawyers are required to adhere to the Minnesota Rules of Professional Conduct and any other rules governing the conduct of Minnesota lawyers.
Rule 5.05 also contains an important provision regarding service on pro hac vice counsel. Simply put, they are required under Rule 14 of the General Rules of Practice to register fore-filing and must designate an email address for service of documents upon them in each case. If they fail to do so or service cannot be accomplished via that registered address, they are deemed served by service on the Minnesota lawyer who moved their admission. This provision eliminates any need to serve pro hac vice counsel by mail or means other than using the court's e-filing and e-service system.
Rule 5.05 requires that a lawyer admitted pro hac vice to register for use of the court's e-filing and e-service system. Additionally, the rule makes it unnecessary in that circumstance for other parties to serve the pro hac vice lawyer by other means. Thus, the involvement of pro hac vice counsel should not increase the burden on other parties to accomplish service.