2090-1(b):  Attorneys: Not Licensed in California: PRO HAC VICE APPLICATION

** UPDATED 10-21-2024 **

LBR 2090-1(b) provides the procedure for a nonresident attorney to file an application to be admitted pro hac vice to practice in the Central District of California. 

• Procedures for admission to practice in the Central District of California must comply with Local Civil Rules of the U.S. District Court. 
• See District Court Local Civil Rule 83-2.1.3 Pro Hac Vice Practice.  This rule allows a qualifying attorney to apply to appear on behalf of a particular party in a specific case, which includes the main bankruptcy case along with related adversary proceedings.  
• A court order is needed before the nonresident attorney is authorized to file any papers or appear at a court hearing on behalf of a client. 
• NOTE:  After an order is entered granting the application to appear pro hace vice, the designated local counsel is NOT required to appear at hearings along with the pro hac vice counsel, and the designated local counsel no longer needs to file papers instead of the pro hac vice counsel.
• The District Court determines the fee required to be admitted pro hac vice.  See link below for notice of the current fee. 
• NOTE:  The procedure to appear pro hac vice is available ONLY to attorneys who are nonresidents of California and who are not licensed to practice in California.

The procedure to be admitted to practice Pro Hac Vice is found in bankruptcy court LBR 2090-1(b):

1.  The nonresident attorney designates a local counsel who IS ALREADY ADMITTED to practice in the Central District of California.  Any local counsel must also have a login and password to file documents electronically via CM/ECF and lodge orders electronically via LOU.  
2. The designated local counsel arranges to pay the pro hac vice fee to the District Court and obtains a payment receipt.
3. The designated local counsel files two documents:    Application to Appear Pro Hac Vice (and attaches a copy of the payment receipt) and a Notice of Motion for Order Without a Hearing [per LBR 9013-1(q)(8)] -- see links below
4. The Board of Judges has approved edits to LBR 2090-1(b) that clarify only one application is needed, and one fee is needed, even if the out-of-state attorney intends to represent the client in the main bankruptcy case and in related adversary proceedings.  This also means one application only if the out-of-state attorney will represent a client in cases that are jointly administered or substantively consolidated.  In other words, one application per client.  
5. The designated local counsel lodges an order -- the court has a an updated LBR form order -- see link below.

Exception for Attorneys for the United States or its Departments or Agencies:  Please see District Court Local Civil Rule 83-2.1.4, which provides that attorneys who are employed by the United States or its departments or agencies are not required to request to be admitted to practice Pro Hac Vice.  See link below to the District Court Local Civil Rules.