Indiana Pro Hac Vice: Petition, ACE Fee, and Co-Counsel

An out-of-state lawyer can appear in a specific Indiana case through pro hac vice admission under Rule 3, Section 2 of the Indiana Rules for Admission to the Bar and the Discipline of Attorneys. The visiting attorney associates with Indiana co-counsel, pays a $300 registration fee to the Indiana Office of Admissions and Continuing Education (ACE), and files a verified petition showing good cause. The court has full discretion to grant or deny, and the admission covers only that one matter.1Indiana Rules for Admission to the Bar and the Discipline of Attorneys. Indiana Rules for Admission to the Bar and the Discipline of Attorneys – Rule 3 Admission of Attorneys

Who Qualifies

The visiting attorney must be a member in good standing of the bar of another U.S. state, territory, or the District of Columbia. Anyone who has been disbarred or who resigned from a bar in the face of disciplinary charges is ineligible. Past discipline short of that is not automatically disqualifying, but the petition must disclose the jurisdiction, the charges, and the court that imposed the sanction, along with an argument for why Indiana should still admit the attorney. The same disclosure rule applies to any disciplinary proceeding currently pending in any jurisdiction.

One gate catches applicants off guard: the attorney cannot be an Indiana resident, cannot be regularly employed in Indiana, and cannot be regularly engaged in business or professional activities in the state. If any of those descriptions fit, temporary admission is not the right path, and full Indiana bar admission is likely the correct route.

Showing Good Cause

Indiana treats pro hac vice as discretionary, not automatic. The rule specifically says that repeated appearances under this provision are grounds for denial absent good cause. The petition should establish at least one of the following:

  • The case involves a complex area of law where the visiting attorney has particular skill.
  • The attorney and client have an established relationship that predates the Indiana litigation.
  • Indiana lacks available attorneys with adequate experience in the relevant field.
  • The case raises legal questions involving the law of the state where the visiting attorney is licensed.
  • A comparable justification amounts to genuine good cause for the appearance.

This is where denials happen. An attorney who has appeared in several Indiana cases in recent years and offers nothing beyond convenience is a poor candidate. Courts look for a real link between the attorney’s qualifications and the demands of the particular case.

What Indiana Co-Counsel Signs Up For

Every pro hac vice admission requires an Indiana-licensed attorney to serve as co-counsel. Co-counsel must sign all briefs, papers, and pleadings filed in the case and is jointly responsible for those filings.

Co-counsel does not have to attend every hearing. The rule says co-counsel need not be personally present at proceedings unless the trial court specifically orders it. Individual judges often want local counsel in the room for trial, but for routine status conferences and motion hearings, attendance is not automatic.

Co-counsel also carries disciplinary exposure. If the visiting attorney fails to pay required fees or otherwise fails to satisfy the conditions of Rule 3, the Indiana co-counsel can be subject to discipline. Vetting the out-of-state attorney before agreeing to co-counsel a matter is sensible practice.

The Verified Petition and Supporting Documents

The verified petition is the core document. Indiana co-counsel co-signs it. It must include:

  • Residential address, office address, phone, email, and law firm or employer name and address for the visiting attorney
  • Every state or territory where the attorney has been licensed, with admission dates and registration numbers
  • A sworn statement of good standing in all listed jurisdictions
  • Disclosure of any disciplinary history or pending proceedings, with specifics
  • A list of every Indiana court or administrative agency appearance during the past five years
  • A statement that the attorney has read and will follow Indiana’s Rules of Professional Conduct and consents to Indiana’s disciplinary jurisdiction

A certificate of good standing from the highest court of each state where the attorney is admitted must accompany the petition. Each certificate must be dated within the previous 30 days. Some bars take a week or more to issue certificates, so requesting them early avoids a stale-certificate problem.

The $300 ACE Fee

Before filing with the court, the attorney pays a $300 case-specific registration fee to the Executive Director of ACE, submitted with a copy of the verified petition through ACE’s online portal. ACE then issues a temporary admission attorney number and a payment receipt, both of which go into the court filing.2Indiana Judicial Branch. Temporary Admission

If the court denies the petition, the $300 is not refunded. That is a reason to invest in the good cause showing before paying.

Filing the Motion in State Court

Once ACE issues the temporary admission number and receipt, Indiana co-counsel files a motion for leave to appear pro hac vice with the court where the case is pending, using the Indiana E-Filing System (IEFS). The motion attaches the verified petition, the certificates of good standing, and the ACE receipt. Opposing parties are served and may object.

The presiding judge reviews the motion, confirms the Rule 3, Section 2 conditions are met, and evaluates the good cause showing. An order granting the motion admits the visiting attorney to that specific case only.

Federal Courts in Indiana Follow Different Rules

Rule 3 governs Indiana state courts and administrative agencies. Federal cases in Indiana follow the local rules of the individual district court, not the state admission rules.

Southern District of Indiana

The U.S. District Court for the Southern District of Indiana handles pro hac vice admission under Local Rule 83-6. The fee is $100 per attorney per case. Attorneys apply through their PACER account, select the Southern District, and complete the online application. Once accepted, the attorney files the motion to appear pro hac vice with a proposed order in the case.3United States District Court Southern District of Indiana. Attorney Admission Information

Northern District of Indiana

The Northern District governs pro hac vice admission under Local Rule 83-5(a)(2)(C). The fee is $96 per motion, filed electronically through CM/ECF.4United States District Court – Northern District of Indiana. Admission to Practice Pro Hac Vice

In both federal districts, visiting attorneys need their own CM/ECF filing credentials through PACER before filing anything, including the pro hac vice motion.5PACER: Federal Court Records. Attorney Filers for CM/ECF

After Admission

Temporary admission is not a one-time checkpoint. The visiting attorney is bound by Indiana’s Rules of Professional Conduct for the duration of the case and has consented to the disciplinary jurisdiction of the Indiana Supreme Court. If new disciplinary charges arise in any jurisdiction while the Indiana case is pending, the attorney must promptly disclose them to the court.

The admission ends with the case. It does not extend to new matters, appeals in different courts, or related proceedings with separate case numbers. Each new appearance means a fresh petition, a new $300 fee, and a new good cause showing.