Joel Ewusiak frequently serves as local counsel and co-counsel in lawsuits pending in state courts throughout Florida. The applicable Florida rule for pro hac vice admission requires out-of-state counsel to secure a Florida Bar member as local counsel. Additionally, each circuit court in Florida (a total of 20) typically has its own pro hac vice requirements, which usually involves the payment of an additional fee for out-of-state counsel to appear. Please contact Joel Ewusiak for assistance with your lawsuit in Florida state court. Joel may be reached at joel@ewusiaklaw.com or at 727.286.3559. (Note: Joel also serves as local counsel in the U.S. District Court for the Middle District of Florida and for the Southern District of Florida. For more information on the pro hac vice requirements of Florida federal courts, please review the Local Counsel page of this website).
The Florida rule for pro hac vice admission, and links to each Florida circuit court (click on the numbered circuits), are set forth below.
The Florida circuit courts:
The Florida court system consists of 20 judicial circuits. All but five circuits include multiple counties. The circuits (and counties included within each circuit) are as follows:
First Circuit - Escambia, Okaloosa, Santa Rosa and Walton
Second Circuit - Franklin, Gadsden, Jefferson, Leon, Liberty, and Wakulla
Third Circuit - Columbia, Dixie, Hamilton, Lafayette, Madison, Suwannee and Taylor
Fourth Circuit - Clay, Duval and Nassau
Fifth Circuit - Citrus, Hernando, Lake, Marion and Sumter
Sixth Circuit - Pasco and Pinellas
Seventh Circuit - Flagler, Putnam, St. Johns and Volusia,
Eighth Circuit - Alachua, Baker, Bradford, Gilchrist, Levy, and Union
Ninth Circuit - Orange and Osceola
Tenth Circuit - Hardee, Highlands, and Polk
Eleventh Circuit - Miami-Dade
Twelfth Circuit - DeSoto, Manatee, and Sarasota
Thirteenth Circuit - Hillsborough
Fourteenth Circuit - Bay, Calhoun, Gulf, Holmes, Jackson and Washington
Fifteenth Circuit - Palm Beach
Sixteenth Circuit - Monroe
Seventeenth Circuit - Broward
Eighteenth Circuit - Brevard and Seminole
Nineteenth Circuit - Indian River, Martin, Okeechobee and St. Lucie
Twentieth Circuit - Charlotte, Collier, Glades, Hendry and Lee
The Florida rule for pro hac vice admission:
Fla. R. Jud. Admin. 2.510. Foreign Attorneys
(a) Eligibility. --Upon filing a verified motion with the court, an attorney who is an active member in good standing of the bar of another state and currently eligible to practice law in a state other than Florida may be permitted to appear in particular cases in a Florida court upon such conditions as the court may deem appropriate, provided that a member of The Florida Bar in good standing is associated as an attorney of record. The foreign attorney must make application in each court in which a case is filed even if a lower tribunal granted a motion to appear in the same case. In determining whether to permit a foreign attorney to appear pursuant to this rule, the court may consider, among other things, information provided under subdivision (b)(3) concerning discipline in other jurisdictions. No attorney is authorized to appear pursuant to this rule if the attorney (1) is a Florida resident, unless the attorney has an application pending for admission to The Florida Bar and has not previously been denied admission to The Florida Bar; (2) is a member of The Florida Bar but is ineligible to practice law; (3) has previously been disciplined or held in contempt by reason of misconduct committed while engaged in representation permitted pursuant to this rule provided, however, the contempt is final and has not been reversed or abated; (4) has failed to provide notice to The Florida Bar or pay the filing fee as required in subdivision (b)(7); or (5) is engaged in a "general practice" before Florida courts. For purposes of this rule, more than 3 appearances within a 365-day period in separate cases shall be presumed to be a "general practice." Appearances at different levels of the court system in the same case shall be deemed 1 appearance for the purposes of determining whether a foreign attorney has made more than 3 appearances within a 365-day period. In cases involving indigent or pro bono clients, the court may waive the filing fee for good cause shown. This rule shall not affect the eligibility of a foreign attorney to appear in a Florida court when authorized by federal law.
(b) Contents of Verified Motion. --A form verified motion accompanies this rule and shall be utilized by the foreign attorney. The verified motion required by subdivision (a) shall include:
(1) a statement identifying all jurisdictions in which the attorney is an active member in good standing and currently eligible to practice law, including all assigned bar numbers and attorney numbers, for which a certificate of good standing is not required;
(2) a statement identifying by date, case name, and case number all other matters in Florida state courts in which pro hac vice admission has been sought in the preceding 5 years, including any lower tribunals for the case in which the motion is filed, and whether such admission was granted or denied;
(3) a statement identifying all jurisdictions in which disciplinary, suspension, disbarment, or contempt proceedings have been initiated against the attorney in the preceding 5 years including the date on which the proceeding was initiated, the nature of the alleged violation, and the result of the proceeding including the sanction, if any, imposed;
(4) a statement identifying the date on which the legal representation at issue commenced, and the party or parties represented;
(5) a statement that all applicable provisions of these rules and the rules regulating the Florida bar have been read, and that the verified motion complies with those rules;
(6) the name, record bar address, and membership status of the Florida bar member or members associated for purposes of the representation;
(7) a certificate indicating service of the verified motion upon all counsel of record in the matter in which leave to appear pro hac vice is sought and upon The Florida Bar at its Tallahassee office accompanied by a nonrefundable $ 250.00 filing fee made payable to The Florida Bar or notice that the movant has requested a judicial waiver of said fee; and
(8) a verification by the attorney seeking to appear pursuant to this rule and the signature of the Florida bar member or members associated for purposes of the representation.
[FORM IN RULE]
IN THE COURT OF THE JUDICIAL CIRCUIT, IN AND FOR , COUNTY, FLORIDA
Plaintiff
Case No.
vs.
Division
Defendant
VERIFIED MOTION FOR ADMISSION TO APPEAR PRO HAC VICE
PURSUANT TO FLORIDA RULE OF JUDICIAL ADMINISTRATION 2.510
Comes now , Movant herein, and respectfully represents the following:
1. [] Movant resides in (City) , (State) . Movant.
is not a resident of the State of Florida.
[] Movant is a resident of the State of Florida and has an application pending for admission to The Florida Bar and has not previously been denied admission to The Florida Bar.
2. Movant is an attorney and a member of the law firm of (or practices law under the name of) , with offices at (Street Address) , (City) , (County) , (State) , (Zip Code) , (Telephone) .
3. Movant has been retained personally or as a member of the above-named law firm on (Date Representation Commenced) by Name of Party or Parties to provide legal representation in connection with the above-styled matter now pending before the above-named court of the State of Florida.
4. Movant is an active member in good standing and currently eligible to practice law in the following jurisdiction(s): Include attorney or bar number(s). (Attach an additional sheet if necessary.)
JURISDICTION ATTORNEY/BAR NUMBER
5. There have been no disciplinary, suspension, disbarment, or contempt proceedings initiated against Movant in the preceding 5 years, except as provided below (give jurisdiction of proceeding, date upon which proceeding was initiated, nature of alleged violation, statement of whether the proceeding has concluded or is still pending, and sanction, if any, imposed): (Attach an additional sheet if necessary.)
6. Movant, either by resignation, withdrawal, or otherwise, never has terminated or attempted to terminate Movant's office as an attorney in order to avoid administrative, disciplinary, disbarment, or suspension proceedings.
7. Movant is not an inactive member of The Florida Bar.
8. Movant is not now a member of The Florida Bar.
9. Movant is not a suspended member of The Florida Bar.
10. Movant is not a disbarred member of The Florida Bar nor has Movant received a disciplinary resignation or disciplinary revocation from The Florida Bar.
11. Movant has not previously been disciplined or held in contempt by reason of misconduct committed while engaged in representation pursuant to Florida Rule of Judicial Administration 2.510, except as provided below (give date of disciplinary action or contempt, reasons therefor, and court imposing contempt):
(Attach an additional sheet if necessary.)
12. Movant has filed motion(s) to appear as counsel in Florida state courts during the past five (5) years in the following matters: (Attach an additional sheet if necessary)
Date of Motion Case Name Case Number Court Date Motion Granted/Denied
13. Local counsel of record associated with Movant in this matter is (Name and Florida Bar Number) who is an active member in good standing of The Florida Bar and has offices at (Street Address) , (City) , (County) , (State) , (Zip Code) (Telephone with area code) .
(If local counsel is not an active member of The Florida Bar in good standing, please provide information as to local counsel's membership status. )
14. Movant has read the applicable provisions of Florida Rule of Judicial Administration 2.510 and Rule 1-3.10 of the Rules Regulating The Florida Bar and certifies that this verified motion complies with those rules.
15. Movant agrees to comply with the provisions of the Florida Rules of Professional Conduct and consents to the jurisdiction of the courts and the Bar of the State of Florida.
WHEREFORE, Movant respectfully requests permission to appear in this court for this cause only.
Dated this day of , 20 .
Movant
Address
Address
City, State, Zip Code
Telephone Number
E-mail Address
STATE OF
COUNTY OF
I, , do hereby swear or affirm under penalty of perjury that I am the Movant in the above-styled matter; that I have read the foregoing Motion and know the contents thereof, and the contents are true of my own knowledge and belief.
Movant
I hereby consent to be associated as local counsel of record in this cause pursuant to Florida Rule of Judicial Administration 2.510.
Dated this day of , 20 .
Local Counsel of Record
Address
Address
City, State, Zip Code
Telephone Number
Florida Bar Number
Email Address
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing motion was served (by mail) to PHV Admissions, The Florida Bar, 651 East Jefferson Street, Tallahassee, Florida 32399-2333 accompanied by payment of the $ 250.00 filing fee made payable to The Florida Bar, or notice that the movant has requested a judicial waiver of said fee; and by (e-mail) (delivery) (mail) (fax) to (name of attorney or party if not represented)
this day of , 20 .
Movant
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