Montana Rules and Process

The Montana court rule governing pro hac vice is MT R Admission to the Bar VI. The rules for the U.S. District Court for Montana are substantially similar. See D. Mont. L.R. 83.1(d).

A summary of the requirements is:

• You, as an out-of-state attorney, must associate in the case with a licensed Montana attorney.
• The local attorney must file a notice of appearance in the case in which you seek to appear. This notice of appearance informs the court that you are making an application to the Montana Bar to appear pro hac vice.
• The Montana court rule requires local counsel to be at least minimally involved in the case. The rule states:

“Montana attorneys of record shall sign all pleadings, motions, and briefs and participate actively in all phases of the case, including, but not limited to, attendance at depositions and court or agency proceedings, preparation of discovery responses and briefs, and all other activities necessary to go forward with the case at all times.” 

MT R. Admission to the Bar VI (§ 6) (J).

• The out-of-state attorney (or, in this case, me on your behalf) completes a rather lengthy application form from the Bar Admissions Administrator. The application requires information on ten categories of information such as the other state(s) in which you are admitted to practice law. The application must be notarized. This application is not required for admission pro hac vice to the federal court.
• For state-court cases, you must pay a fee to the Bar equivalent to one year of licensing for a Montana attorney; the fee is currently $495. For federal cases, you must pay a fee of $255.
• After the Bar approves the application for state-court cases, the out-of-state attorney (again, here that would be me) files a motion for admission pro hac vice with the court where your case is pending. I then provide a copy of the order granting you admission to the Bar. The process is slightly simpler for admission pro hac vice to the federal court.
• If the case is appealed in state court, I must notify the Bar.