Michigan Motion for Leave to Appear Pro Hac Vice

State:
Multi-State
Control #:
US-PI-0
Format:
Word; 
Rich Text
Instant download

Description

This motion requests permission from the Court for an out-of-state attorney to appear and serve as counsel pro hac vice in a particular cause of action.
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FAQ

"In representing a client, a lawyer shall not communicate about the subject of the representation with a party whom the lawyer knows to be represented in the matter by another lawyer, unless the lawyer has the consent of the other lawyer or is authorized by law to do so."

Rule 3.6 sets forth a basic general prohibition against a lawyer's making statements that the lawyer knows or should know will have a substantial likelihood of materially prejudicing an adjudicative proceeding.

Judicial disqualification is warranted under MCR 2.003(C)(1)(a) where ?[t]he judge is biased or prejudiced for or against a party or attorney.? ] requires a showing of actual bias.

An out-of-state attorney may be temporarily admitted to practice under this rule in no more than five cases in a 365-day period. Permission to appear and practice is within the discretion of the court, administrative tribunal or agency, or arbitrator and may be revoked at any time for misconduct.

Rule 2.309 - Interrogatories to Parties (A) Availability; Procedure for Service; Limits. (1) A party may serve on another party written interrogatories to be answered by the party served or, if the party served is a public or private corporation, partnership, association, or governmental agency, by an officer or agent.

Under Michigan law and in most courts throughout the country, a losing party is given the opportunity to file a Motion for Reconsideration. In Michigan, however, it must be filed within 21 days of the order or ruling.

This matter is governed principally by MRPC 3.7. That rule provides as follows: Rule 3.7 Lawyer as Witness. "(b) A lawyer may act as advocate in a trial in which another lawyer in the lawyer's firm is likely to be called as a witness unless precluded from doing so by Rule 1.7 or Rule 1.9."

A. Emeritus Status?For members 70 years of age or over 30 years of membership in the State Bar of Michigan. Not eligible to practice law. This is a voluntary status, but it is intended to be permanent so emeritus members wishing to reactivate their status must re-take and pass the Michigan Bar exam.

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Michigan Motion for Leave to Appear Pro Hac Vice