Rule 85.Out-of-State Counsel.
Current through February 2024 · Last verified September 12, 2026
Full Text of Rule 85
Amendment History
Rhode Island does not publish a per-rule amendment history inside the compiled rules text reproduced here. The text above is verified current through the source’s own February 2024 printing; for the underlying adopting orders and any later amendments, see the Rhode Island Judiciary’s compiled rules page.
Plain-English Summary
The default is strict. A person who is not an attorney and counselor of the Supreme Court of Rhode Island may not act as attorney or counselor for a party in any Family Court proceeding, hearing or trial. The only way in is leave, granted by the Family Court or by the Supreme Court.
Leave carries a condition that surprises visiting lawyers. Unless the court permits otherwise, the admitted attorney may not engage in a proceeding, hearing or trial unless a member of the Rhode Island bar is present in the courtroom for its whole duration, prepared to continue in the absence of the attorney who was granted leave. Local counsel is not a name on the caption. Local counsel is a person in the room, ready to take over.
The application is a miscellaneous petition signed by the petitioner on a form approved by the Supreme Court. Three pieces support it: a certification from the attorney seeking admission pro hac vice, a certification from Rhode Island associate counsel, and a client certification showing the party being represented assents. The most current pro hac vice forms are located on the Judiciary's website at www.courts.ri.gov under Public Resources, Forms.
Two limits sit on top of all that. The grant is discretionary, so the Family Court may refuse. And it is subject to the limitations and exceptions in Art. II, Rule 9 of the Supreme Court Rules for the Admission of Attorneys and Others to Practice Law.
Frequently Asked Questions
Can a lawyer from another state represent me in Rhode Island Family Court?
Only with leave. Rule 85 bars anyone who is not an attorney and counselor of the Rhode Island Supreme Court from acting as counsel in a Family Court proceeding, hearing or trial unless the Family Court or the Supreme Court grants leave.
Does a Rhode Island lawyer have to sit in the courtroom?
Unless the court permits otherwise, yes. A member of the Rhode Island bar must be present for the duration of the proceeding, hearing or trial and prepared to continue it if the attorney granted leave is absent.
How do I apply for pro hac vice admission in Family Court?
By miscellaneous petition signed by the petitioner on a form approved by the Supreme Court. It must be supported by certifications from the attorney seeking admission and from Rhode Island associate counsel, and the party being represented must assent in a client certification.
Where do I get the pro hac vice forms?
Rule 85 directs you to the Judiciary's website at www.courts.ri.gov, under the heading Public Resources and then Forms. The rule states that the most current pro hac vice forms are located there.
Is admission granted as a matter of course once the petition is filed?
No. The Family Court grants leave in its discretion, and the grant is subject to the limitations and exceptions in Art. II, Rule 9 of the Supreme Court Rules for the Admission of Attorneys and Others to Practice Law.