Delaware pro hac vice: an annual fee that renews itself, and Delaware counsel must attend everything
Delaware procedure · Last verified August 17, 2026
Two features of Delaware's pro hac vice rule catch out-of-state lawyers, and both are ongoing obligations rather than one-off steps.
The fee renews. If the case runs into a new calendar year, the admission 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."
Delaware counsel must show up. Under Rule 90.1(d), Delaware counsel "shall attend all proceedings before the Court, Prothonotary, or other officers of the Court, unless excused by the Court."
Who moves, and where
Del. Super. Ct. Civ. R. 90.1(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.
| Admission is | discretionary |
| Only on | written motion by Delaware Counsel |
| Delaware Counsel means | a Delaware Bar member maintaining an office in the State for the practice of law |
| Applications | separately before each Court |
| Delaware Counsel remains responsible | for compliance with every Rule and order |
That last sentence is the one to absorb. Sponsoring an out-of-state lawyer does not transfer responsibility; the moving attorney stays on the hook.
The definition of "Delaware Counsel" set here is used across the rules — the mediation, arbitration and CCLD rules all cross-reference Rule 90.1(a). See Delaware business dispute mediation and the Delaware Complex Commercial Litigation Division, where a discovery motion requires oral communication between Delaware counsel on both sides.
The eight certifications
Rule 90.1(b) requires the applying attorney to certify eight things in a statement attached to the motion:
| (i) | membership in good standing of another state's Bar |
| (ii) | that the attorney will 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 firm who directly or indirectly provide services to the party will be bound by all Rules of the Court |
| (iv) | consent to the Prothonotary as agent for service of process for all actions, including disciplinary actions, arising out of the practice under this Rule |
| (v) | the civil action or criminal identification number and presiding judge in every Delaware action in which the attorney has appeared in the preceding 12 months |
| (vi) | that the assessment is attached |
| (vii) | whether the attorney has been disbarred or suspended, or is the subject of pending disciplinary proceedings in any jurisdiction |
| (viii) | all states or other jurisdictions in which the attorney has at any time been admitted generally |
Several of these are broader than they first appear.
Limb (iii) reaches the whole firm — not just the applicant, but every attorney of the firm providing services to the party "directly or indirectly".
Limb (v) is a disclosure of your Delaware activity, case by case, over the last twelve months, with the presiding judge named.
Limb (vii) covers pending proceedings and any jurisdiction where the attorney has been admitted "generally, pro hac vice, or in any other way".
Limb (viii) has no time limit — every jurisdiction of general admission, ever.
The assessment
Rule 90.1(b)(vi) sets the amount and the escalation:
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.
| Base | $375 in 2015, $400 in 2016, then increased annually by inflation as the Supreme Court determines |
| Renewal | payable January 1 each subsequent year the case remains open |
| Delinquent | if not paid by February 1 |
| Apportionment | none — no pro rata |
Because there is no apportionment, an admission granted in December costs the same as one granted in January — and then renews a few weeks later.
Whose job is the renewal? The rule is explicit, and it is not the out-of-state lawyer's:
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.
Delaware counsel receives the notice, completes it, and supervises payment. Rule 90.1(c) directs the Prothonotary to deposit the assessment in the Supreme Court registration fund.
What Delaware counsel actually has to do
Rule 90.1(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.
| Delaware Counsel must | |
|---|---|
| Appear in the action | |
| Sign or receive service of all notices, orders, pleadings and other papers | |
| Attend all proceedings before the Court, Prothonotary or other officers, unless excused |
| Not required | |
|---|---|
| Attendance at depositions, unless the Court orders it |
The deposition carve-out is the practical concession. Everything before the Court is not — appearance is required unless excused, so a Delaware attorney's diary is committed for the life of the case.
Note that other rules override the deposition carve-out in their own areas: on the business mediation and arbitration tracks, Delaware counsel shall attend the conference or hearing on behalf of each party.
Losing the admission
Rule 90.1(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.
Revocation is available on the Court's own motion or a party's, on a standard of "inappropriate or inadvisable" — broad language — but only "after a hearing or other meaningful opportunity to respond."
Where this connects
The Rule 11 certification attaches to every paper an admitted attorney signs, files, submits or later advocates, and a law firm is jointly responsible for violations by its lawyers absent exceptional circumstances. See Delaware Rule 11 sanctions — which matters here because limb (iii) binds the whole firm to the Court's rules.
For the briefing standards that apply once admitted, see Delaware briefs — Times New Roman 14-point, 8,000 words, a certificate of compliance, and no extension by consent.
How Delaware compares
| Delaware | Typical practice elsewhere | |
|---|---|---|
| Motion by local counsel | required | usually required |
| Local counsel must attend all proceedings | yes, unless excused | often not |
| Local counsel at depositions | not required | — |
| Fee renews annually | yes, each January 1 | usually one-time |
| Pro rata apportionment | none | — |
| Firm-wide undertaking | yes | rare |
| Consent to service for disciplinary actions | yes, on the Prothonotary | varies |
| Disclosure of prior Delaware appearances | 12 months, with judges named | rare |
A short checklist
- Line up Delaware counsel first. Only a Delaware Bar member with an office in the State can move.
- Apply separately in each Court where you need admission.
- Compile the twelve-month appearance list with case numbers and presiding judges before drafting.
- Disclose every jurisdiction of general admission, ever, and any pending discipline anywhere.
- Understand that the certification binds your firm, not only you.
- Diary January 1 for renewal if the case will cross a calendar year — delinquent after February 1.
- Delaware counsel should expect the renewal notice and is responsible for completing it.
- Budget Delaware counsel's time for every court proceeding, but not for depositions.
Where these rules live
- Del. Super. Ct. Civ. R. 90.1 — Admission pro hac vice
- Del. Super. Ct. Civ. R. 11 — Signing of pleadings, motions, and other papers
- Del. Super. Ct. Civ. R. 107 — Briefs
- Del. Super. Ct. Civ. R. 144 — Additional procedures for filing discovery motions in CCLD
This page explains what the rules say. It isn't legal advice, and the current assessment amount is set by the Delaware Supreme Court.