Rule 19.Out of State Counsel (Admission Pro Hac Vice)

Group IV: Parties and their Representatives · Last amended October 1, 2013 · Last verified July 14, 2026

In one sentenceRule 19 lets a lawyer who is not admitted in New Hampshire ask the court for permission to appear in one case, but only if a New Hampshire lawyer joins as co-counsel and remains present and responsible for the proceeding.

Full Text of Rule 19

Text sizeJump to: (a) (b) (c) (d) (e)

(a) An attorney, who is not a member of the Bar of this State (a "Nonmember Attorney"), shall not be allowed to engage in the trial or hearing in any case, except on application to appear pro hac vice, which will not ordinarily be granted unless a member of the Bar of this State (the "In-State Attorney") is associated with him or her and present at the trial or hearing.

(b) A Nonmember Attorney seeking to appear pro hac vice shall file a verified application with the court, which shall contain the following information:

(1) the applicant's residence and business address;

(2) the name, address and phone number of each client sought to be represented;

(3) the courts before which the applicant has been admitted to practice and the respective period(s) of admission;

(4) whether the applicant: (i) has been denied admission pro hac vice in this State; (ii) had admission pro hac vice revoked in this State; or (iii) has otherwise formally been disciplined or sanctioned by any court in this State. If so, the applicant shall specify the nature of the allegations; the name of the authority bringing such proceedings; the caption of the proceedings, the date filed, and what findings were made and what action was taken in connection with those proceedings;

(5) whether any formal, written disciplinary proceeding has ever been brought against the applicant by any disciplinary authority in any other jurisdiction within the last five years and, as to each such proceeding: the nature of the allegations; the name of the person or authority bringing such proceedings; the date the proceedings were initiated and finally concluded; the style of the proceedings; and the findings made and actions taken in connection with those proceedings;

(6) whether the applicant has been formally held in contempt or otherwise sanctioned by any court in a written order in the last five years for disobedience to its rules or orders, and, if so: the nature of the allegations; the name of the court before which such proceedings were conducted; the date of the contempt order or sanction, the caption of the proceedings, and the substance of the court's rulings (a copy of the written order or transcript of the oral rulings shall be attached to the application); and

(7) the name and address of each court or agency and a full identification of each proceeding in which the applicant has filed an application to appear pro hac vice in this State within the preceding two years; the date of each application; and the outcome of the application.

(8) In addition, unless this requirement is waived by the superior court, the verified application shall contain the name, address, telephone number and bar number of an active member in good standing of the Bar of this State who will be associated with the applicant and present at any trial or hearing.

(c) The court has discretion as to whether to grant applications for admission pro hac vice. An application ordinarily should be granted unless the court finds reason to believe that:

(1) such admission may be detrimental to the prompt, fair and efficient administration of justice;

(2) such admission may be detrimental to legitimate interests of parties to the proceedings other than the client(s) the applicant proposes to represent;

(3) one or more of the clients the applicant proposes to represent may be at risk of receiving inadequate representation and cannot adequately appreciate that risk; or

(4) the applicant has engaged in such frequent appearances as to constitute common practice in this State.

(d) When a Nonmember Attorney appears for a client in a proceeding pending in this state, either in the role of co-counsel of record with the In-State Attorney, or in an advisory or consultative role, the In-State Attorney who is co-counsel or counsel of record for that client in the proceeding remains responsible to the client and responsible for the conduct of the proceeding before the court or agency. It is the duty of the In-State Attorney to advise the client of the In-State Attorney's independent judgment on contemplated actions in the proceeding if that judgment differs from that of the Nonmember Attorney.

(e) An applicant for permission to appear pro hac vice shall pay a non-refundable fee as set forth in Superior Court Rule 201; provided that not more than one application fee may be required per Nonmember Attorney for consolidated or related matters regardless of how many applications are made in the consolidated or related proceedings by the Nonmember Attorney; and further provided that the requirement of an application fee may be waived to permit pro bono representation of an indigent client or clients, in the discretion of the court.

End

Amendment History

Adopted May 22, 2013, eff. October 1, 2013; amended May 22, 2019, effective July 1, 2019.

2019: Subdivision (e): Substituted "as set forth in Superior Court Rule 201" for "of $250.00."

Plain-English Summary

Rule 19 governs pro hac vice admission — the process by which an out-of-state lawyer gets permission to handle a New Hampshire trial or hearing without joining the state bar. The nonmember attorney must file a verified application disclosing where they practice, which clients they represent, and their disciplinary and litigation history, including any prior denial or revocation of pro hac vice status in New Hampshire, any formal discipline in another jurisdiction within the past five years, and any contempt findings within the past five years. The application must also name an in-state lawyer, admitted and in good standing, who will appear alongside the visiting lawyer, unless the court waives that requirement.

Admission is not automatic. The court can deny an application if it would harm the fair administration of justice, hurt the interests of parties other than the client the visiting lawyer represents, put an unwitting client at risk of inadequate representation, or if the pattern of the lawyer's New Hampshire appearances looks like ongoing local practice rather than an occasional case. The in-state lawyer stays on the hook for the client and the conduct of the case even after the out-of-state lawyer is admitted, and must speak up if their own judgment about the case differs from the visiting lawyer's. Applicants pay a nonrefundable fee set by Superior Court Rule 201, though the court can waive it for pro bono work on behalf of an indigent client, and one fee covers consolidated or related matters no matter how many separate applications a lawyer files in them.

Frequently Asked Questions

Who has to file a pro hac vice application under Rule 19?

Any lawyer who is not a member of the New Hampshire bar and wants to appear at a trial or hearing in a New Hampshire superior court case must apply for permission first. The rule calls this lawyer a Nonmember Attorney.

What has to go in the application?

The verified application must list the applicant's address, the clients to be represented, every court where the applicant is admitted, any past denial or revocation of pro hac vice status in New Hampshire, any formal discipline in any jurisdiction within the last five years, any contempt findings in the last five years, and every other pro hac vice application the lawyer has filed in New Hampshire over the prior two years. It must also identify the in-state lawyer who will appear with the applicant, unless the court waives that requirement.

Can the court turn down an application even without a disciplinary record?

Yes. The court can deny an application if admitting the lawyer would hurt the fair administration of justice, harm other parties' interests, leave a client unable to appreciate a risk of inadequate representation, or if the lawyer has appeared in New Hampshire often enough that it amounts to practicing here on a regular basis.

Does the in-state lawyer still have responsibility for the case once out-of-state counsel is admitted?

Yes. The in-state lawyer remains responsible to the client and for how the case is conducted before the court, and must tell the client if the in-state lawyer's own judgment about the case differs from the visiting lawyer's.

Is there a fee, and can it be waived?

Applicants pay a nonrefundable fee set by Superior Court Rule 201. Only one fee is required per lawyer for consolidated or related matters, and the court can waive the fee to allow pro bono representation of an indigent client.

Source & verification. Rule text, official Comments, and amendment history are reproduced verbatim from the New Hampshire Superior Court Civil Rules, adopted by the New Hampshire Supreme Court. Last verified July 14, 2026. · Official source

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