Rule 90.Attorneys
Ch. XI: General Provisions · Last amended 2015 · Current through June 1, 2026 · Last verified September 9, 2026
Full Text of Rule 90
Amendment History
Delaware prints each rule’s amendment history as a single “Credits” line naming every order that adopted or amended it. It is reproduced verbatim below.
[Amended effective September 3, 1996; September 12, 2002; February 1, 2015; April 20, 2015.]
Plain-English Summary
Who may appear. Only an active member of the Bar of the Supreme Court of this State who maintains a Delaware office for the practice of law is entitled to practise as an attorney in this court — except by admission pro hac vice.
Pro hac vice. An out-of-state attorney may be admitted for a case in the court's discretion, and only on the written motion of a Delaware lawyer with a Delaware office, called Delaware Counsel throughout the rule. Admission must be sought separately in each court, and admitting the visitor does not relieve the moving attorney of any rule or order.
What the visitor certifies. A statement attached to the motion must certify good standing at another state's bar; that the attorney will be bound by the Delaware Lawyers' Rules of Professional Conduct and has reviewed the Statement of Principles of Lawyer Conduct; that the attorney and every lawyer in their firm working on the matter will be bound by this court's rules; consent to the Clerk of the Family Court as agent for service of process, disciplinary actions included; the number of Delaware appearances in the preceding 12 months; payment of the admission assessment; any disbarment, suspension or pending discipline anywhere; and every jurisdiction where the attorney has ever been admitted.
The consent to service is the sharp one. An attorney who comes into Delaware for a case can be reached here afterwards, including by the disciplinary system.
The assessment. The rule fixes it at $375 in calendar year 2015 and $400 in calendar year 2016, rising annually thereafter with inflation as the Supreme Court determines. If the case runs into a later year the assessment renews annually, payable on January 1 and delinquent if unpaid by February 1. The Court Administrator mails a renewal notice to Delaware Counsel, whose duty it is to say whether the case is still open and to see that the renewal is paid.
What Delaware Counsel must do. Appear in the action, sign or receive service of every notice, order, pleading and paper, and attend all proceedings unless excused. Attendance at depositions is not required unless the court orders it. Delaware Counsel also certifies that they find the applicant reputable and competent and are in a position to recommend the admission — a personal vouching, not a form.
Ending it. Withdrawal follows the rule on withdrawal of counsel. The court may revoke a pro hac vice admission on its own or on a party's motion, after a hearing or another meaningful opportunity to respond, if continued admission is inappropriate or inadvisable.
The watch on repeat visitors. In ruling on the motion the court considers whether the applicant, given the nature and extent of their Delaware practice, is in effect practising as Delaware counsel without meeting the requirements for admission to the Bar — weighing how many admissions they have sought or obtained and whether they in fact maintain a Delaware office. Copies of the motion, certificate and signed order go to the Court Administrator of the Supreme Court and on to Disciplinary Counsel.
Agreements between attorneys. They will not be considered unless they are in writing and filed with the Clerk, or stated on the record in the court's presence. Nothing turns on what two lawyers say they agreed in a phone call.
Frequently Asked Questions
Who can practise in the Delaware Family Court?
Only an active member of the Bar of the Supreme Court of this State who maintains an office in Delaware for the practice of law, except for attorneys admitted pro hac vice.
How does an out-of-state lawyer appear in a Delaware Family Court case?
By admission pro hac vice, in the court's discretion, on the written motion of a Delaware attorney who maintains an office in this State, with a signed statement making the certifications the rule requires.
What does the pro hac vice admission cost?
The assessment was $375 in calendar year 2015 and $400 in calendar year 2016, and increases annually thereafter by the rate of inflation as determined by the Delaware Supreme Court. It renews annually while the case remains open, payable on January 1 and delinquent if not paid by February 1.
Does Delaware counsel have to attend everything?
Delaware Counsel must appear in the action, sign or receive service of all notices, orders, pleadings and papers, and attend all proceedings unless excused by the court. Attendance at depositions is not required unless the court orders it.
Can a pro hac vice admission be revoked?
Yes. The court may revoke it on its own motion or on a party's motion, after a hearing or other meaningful opportunity to respond, if continued admission is inappropriate or inadvisable.
Are handshake agreements between attorneys enforceable here?
No. Agreements between attorneys will not be considered unless they are in writing and filed with the Clerk or stated on the record in the presence of the court.