(a) Attorneys who are not members of the Delaware Bar may be admitted pro hac vice in the discretion of the Court, and such admission shall be made only upon written motion by a member of the Delaware Bar who maintains an office in this State for the practice of law (“Delaware Counsel”). Application for admission pro hac vice must be made separately before each Court in which admission is sought. The admission of an attorney pro hac vice shall not relieve the moving attorney from responsibility to comply with any Rule or order of the Court.
Rule 90.1.Admission pro hac vice
Part XI: General Provisions · Last amended February 1, 2015 · Last verified July 28, 2026
In one sentenceRule 90.1 lets an out-of-state attorney appear pro hac vice on written motion by Delaware counsel, requires the applicant to certify good standing, ethics compliance, and disciplinary history, and charges an admission assessment that renews annually while the case stays open.
Full Text of Rule 90.1
(b) Any attorney seeking admission pro hac vice shall certify the following in a statement attached to the motion:
(i) That the attorney is a member in good standing of the Bar of another state; (ii) That the attorney shall be bound by the Delaware Lawyers’ Rules of Professional Conduct and has reviewed the Statement of Principles of Lawyer Conduct; (iii) That the attorney and all attorneys of the attorney’s firm who directly or indirectly provide services to the party or cause at issue shall be bound by all Rules of the Court; (iv) That the attorney has consented to the appointment of the Prothonotary as agent upon whom service of process may be made for all actions, including disciplinary actions, that may arise out of the practice of law under this Rule and any activities related thereto; (v) The civil action number or criminal identification number and presiding judge in every action in any court of record of Delaware in which the attorney has appeared in the preceding 12 months. (vi) That a payment for the pro hac vice admission assessment determined by the Delaware Supreme Court is attached to be deposited with the Prothonotary. The pro hac vice admission assessment shall be $375 in calendar year 2015, $400 in calendar year 2016, and thereafter increased annually by the rate of inflation as determined by the Delaware Supreme Court. If the case in which the pro hac vice admission continues into a subsequent calendar year after the year of admission, such assessment shall be deemed an annual assessment to be renewed and be payable on January 1 of each subsequent year and be deemed delinquent if not paid by February 1 of each subsequent year. There shall be no pro rata apportionment of the pro hac vice admission fee. A notice that a pro hac vice admission may be subject to renewal shall be mailed to Delaware counsel by the Court Administrator of the Delaware Supreme Court. It shall be the duty of Delaware counsel to complete the notice stating whether the case in which the pro hac vice admission was granted remains open and to supervise the remittance of the renewal assessment if the case in which the pro hac vice admission was granted remains open; (vii) Whether the applying attorney has been disbarred or suspended or is the subject of pending disciplinary proceedings in any jurisdiction where the applying attorney has been admitted generally, pro hac vice, or in any other way; and (viii) The identification of all states or other jurisdictions in which the applying attorney has at any time been admitted generally.
(c) The Prothonotary shall cause the pro hac vice admission assessment to be deposited in the Supreme Court registration fund for distribution as the Supreme Court directs.
(d) Delaware Counsel for any party shall appear in the action in which the motion for admission pro hac vice is filed and shall sign or receive service of all notices, orders, pleadings, or other papers filed in the action, and shall attend all proceedings before the Court, Prothonotary, or other officers of the Court, unless excused by the Court. Attendance of Delaware Counsel at depositions shall not be required unless ordered by the Court.
(e) Withdrawal of attorneys admitted pro hac vice shall be governed by the provisions of Rule 90(b). The Court may revoke a pro hac vice admission sua sponte or upon the motion of a party, if it determines, after a hearing or other meaningful opportunity to respond, the continued admission pro hac vice to be inappropriate or inadvisable.
(f) The motion and certificate described in subsections (a) and (b) of this Rule shall be filed as soon as reasonably possible, and they shall be filed no later than the date of the first appearance of the attorney who seeks admission pro hac vice before the Court or the Prothonotary in the matter for which admission is sought.
(g) In exercising its discretion in ruling on a motion for admission pro hac vice, the Court shall also consider whether, in light of the nature and extent of the practice in the State of Delaware of the attorney seeking admission, that attorney is, in effect, practicing as a Delaware Counsel without complying with the Delaware requirements for admission to the Bar. In its consideration of this aspect of the motion, the Court may weigh the number of other admissions to practice sought and/or obtained by this attorney from Delaware courts, the question of whether or not the attorney in fact maintains an office in Delaware although the attorney is not admitted to practice in Delaware courts, and other relevant factors.
(h) The Delaware Counsel filing a motion pro hac vice for the admission of an attorney not a member of the Delaware Bar shall certify that the Delaware attorney finds the applicant to be a reputable and competent attorney and is in a position to recommend the applicant’s admission.
(i) A signed copy of the entire pro hac vice motion shall be transmitted by the Prothonotary to the Court Administrator of the Delaware Supreme Court as promptly as possible, but in no event later than the last business day of the month in which it was signed, for disposition pursuant to Supreme Court Rule 71. The Court Administrator of the Delaware Supreme Court shall provide a copy to Disciplinary Counsel who shall be responsible for contacting Delaware counsel if the information contained in said copy is incomplete.
Amendment History
Added, effective Mar. 1, 1987; amended, effective Jan. 1, 1991; June 1, 1992; Sept. 28, 1995; amended Aug. 7, 2002, effective July 1, 2002; amended May 11, 2009, effective July 1, 2009; amended Jan. 30. 2015, effective Feb. 1, 2015. Rule 91-99 Omitted.
Plain-English Summary
Rule 90.1(a) makes pro hac vice admission discretionary with the court, available only on written motion by a member of the Delaware Bar who maintains an office in the state — "Delaware Counsel." The application has to be made separately before each court where admission is sought, and being admitted pro hac vice never relieves the moving attorney of the duty to comply with the court's Rules and orders.
Rule 90.1(b) requires the out-of-state attorney to certify a long list of things: good standing in another state's bar; being bound by the Delaware Lawyers' Rules of Professional Conduct after reviewing the Statement of Principles of Lawyer Conduct; that the attorney and colleagues at the firm who work on the matter are bound by all of the court's Rules; consent to the Prothonotary as agent for service of process, including in disciplinary actions; every Delaware case the attorney has appeared in over the preceding 12 months; any disbarment, suspension, or pending discipline in any jurisdiction; and every jurisdiction where the attorney has been admitted generally. The certification also has to come with payment of the pro hac vice admission assessment — $375 in 2015, $400 in 2016, and increased annually for inflation after that — which renews every January 1 the case stays open and becomes delinquent if unpaid by February 1, with no pro-rated partial fee.
The rest of the rule handles administration and oversight. The Prothonotary deposits the assessment into the Supreme Court's registration fund. Delaware Counsel has to appear in the action, sign or receive all filed papers, and attend proceedings before the court, the Prothonotary, or other court officers — though not depositions, unless the court orders otherwise. Withdrawal of pro hac vice counsel follows Rule 90(b), and the court can revoke the admission on its own or on a party's motion, after a hearing or other meaningful chance to respond, if continued admission looks inappropriate or inadvisable. In deciding whether to admit an attorney pro hac vice at all, the court can weigh whether that attorney is, in practice, functioning as Delaware Counsel without meeting Delaware's own bar-admission requirements — looking at how many other Delaware admissions the attorney has sought, whether the attorney keeps an office in the state without being admitted there, and similar factors.
Frequently Asked Questions
Who can move for an out-of-state attorney to be admitted pro hac vice?
Rule 90.1(a) requires the motion to come from a member of the Delaware Bar who maintains an office in the state for the practice of law — Delaware Counsel.
What must the pro hac vice applicant certify?
Rule 90.1(b) requires certifications covering good standing in another state's bar, compliance with Delaware's ethics rules, consent to the Prothonotary as agent for service, a list of Delaware matters handled in the preceding 12 months, and any disciplinary history.
How much does pro hac vice admission cost, and does it have to be paid again each year?
The assessment was $375 in 2015 and $400 in 2016, rising annually for inflation after that. Rule 90.1(b)(vi) treats it as an annual assessment that renews every January 1 the case stays open and becomes delinquent if unpaid by February 1.
Can a pro hac vice admission be taken away after it's granted?
Yes. Rule 90.1(e) lets the court revoke the admission on its own initiative or on a party's motion, after a hearing or other meaningful opportunity to respond, if continued admission looks inappropriate or inadvisable.
Does Delaware Counsel have to attend every proceeding, including depositions?
Delaware Counsel must attend proceedings before the court, the Prothonotary, or other court officers unless excused, but Rule 90.1(d) doesn't require attendance at depositions unless the court orders it.
Source & verification. Rule text is reproduced verbatim from the
Delaware Rules of Civil Procedure for the Superior Court, adopted by the
Superior Court of the State of Delaware. Last verified July 28, 2026.
· Official source
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