Updated September 2026. This article is for general informational purposes and is not legal advice.
BLUF: An eligible out-of-state lawyer may ask a California state court for permission to appear in a particular case pro hac vice. Under California Rule of Court 9.40, the lawyer must generally be in good standing in another U.S. jurisdiction and must associate an active California lawyer as attorney of record. Admission is discretionary, case-specific, and subject to eligibility and filing requirements.
For national firms, the practical issue is often not simply “Can I appear?” It is “How do I enter the case without losing time on California procedure?” That is where selecting local counsel early becomes useful.
Who is eligible for pro hac vice admission in California?
Rule 9.40 allows an attorney who is not a California State Bar licensee to seek permission to appear in a pending California case if the attorney is in good standing and eligible to practice before an appropriate U.S. court or the highest court of a state, territory, or insular possession.
The rule also identifies lawyers who are not eligible under this procedure, including persons who are California residents, regularly employed in California, or regularly engaged in substantial business, professional, or other activities in California.
Does California require local counsel?
For a California state-court pro hac vice application, yes: Rule 9.40 requires the out-of-state attorney to associate with an active California State Bar licensee who is attorney of record. The California lawyer is not merely a name for the caption. Local counsel becomes part of the litigation team and should be selected with the actual demands of the case in mind.
National counsel handling a Los Angeles matter may want California counsel who can navigate local filing rules, hearing reservations, courtroom-specific procedures, and the practical differences between courthouses and departments.
What must a California pro hac vice application include?
For superior-court matters, Rule 9.40 requires a verified application. The rule requires information including the applicant’s residence and office address, courts and dates of admission, good-standing status, suspension or disbarment status, California pro hac vice applications made during the preceding two years, and the name and contact information of the California attorney of record.
The applicant must also comply with the rule’s service and notice requirements. The State Bar’s Pro Hac Vice FAQ is a useful current starting point for administrative requirements and processing information.
Can repeated pro hac vice appearances become a problem?
Yes. Rule 9.40 expressly provides that, absent special circumstances, repeated appearances may be a cause for denial. Counsel who regularly handle California matters should not assume pro hac vice admission is an unlimited substitute for California licensure.
When should out-of-state counsel engage California local counsel?
Ideally, before the first California-specific filing deadline. Early involvement gives local counsel time to evaluate venue, assignment, service, e-filing, motion-reservation practices, and any department-specific rules that can affect strategy or timing.
If the case is in Los Angeles Superior Court, counsel should also review our Los Angeles Superior Court Civil Litigation Hub, which collects the court resources lawyers tend to need repeatedly.
What should national counsel look for in California local counsel?
- Substantive fit: experience with the type and value of dispute.
- Local procedural fluency: familiarity with California rules and the assigned court.
- Responsiveness: ability to move quickly when a California deadline or courtroom issue arises.
- Clear division of responsibility: agreement on who handles filings, appearances, discovery, settlement, and trial preparation.
- Trial capability: particularly important when the case is likely to be litigated aggressively.
Pro hac vice and local-counsel support from Proper Law
Proper Law is a California trial firm based in Los Angeles. Attorneys evaluating a California matter can contact Proper Law to discuss local-counsel needs, a potential referral, or whether the matter is appropriate for the firm. For personal-injury referrals, see Attorney Referrals.
Frequently Asked Questions
Do I need local counsel to appear pro hac vice in California state court?
Generally, yes. Rule 9.40 requires an eligible out-of-state lawyer seeking pro hac vice admission to associate an active California State Bar licensee as attorney of record.
Is pro hac vice admission automatic in California?
No. Permission is discretionary with the court and is granted for a particular case, subject to Rule 9.40 and the court’s requirements.
Can a California resident apply pro hac vice?
Rule 9.40 provides that a California resident is not eligible to appear under that rule.
Does California limit repeated pro hac vice appearances?
Rule 9.40 states that repeated appearances can be a cause for denial absent special circumstances.
Where should the application be filed?
For a California superior-court matter, the verified application is filed with the court handling the case and must comply with Rule 9.40’s notice and service requirements, including service on the State Bar.