Rule 85.Out-of-State Counsel.
Current through February 2024 · Last verified July 8, 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
Rule 85 controls who may act as a lawyer in Rhode Island Superior Court. Only someone who is an attorney and counselor of the Rhode Island Supreme Court may represent a party in a proceeding, hearing, or trial — unless the Superior Court or the Supreme Court grants leave for someone else to appear.
When an out-of-state attorney is given that leave, commonly called appearing pro hac vice, a member of the Rhode Island bar must be present in the courtroom for the duration of the proceeding, hearing, or trial and ready to continue if the out-of-state lawyer is absent, unless the Superior Court or Supreme Court permits otherwise.
Leave is granted at the Superior Court's discretion, 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. The process runs through a miscellaneous petition, signed by the petitioner on a form approved by the Supreme Court, supported by certifications from the attorney seeking admission and from Rhode Island associate counsel, and assented to by the represented party in a client certification. The current pro hac vice forms are on the Judiciary's website under Public Resources, Forms.
Frequently Asked Questions
Can an out-of-state lawyer represent a client in Rhode Island Superior Court?
Only with leave of the Superior Court or the Supreme Court. Rule 85 bars anyone who is not admitted to the Rhode Island bar from acting as attorney or counselor in a Superior Court proceeding, hearing, or trial unless granted that leave, commonly called pro hac vice admission.
Does a Rhode Island lawyer need to be in the courtroom with the out-of-state attorney?
Generally, yes. Rule 85 requires a member of the Rhode Island bar to be present for the duration of the proceeding, hearing, or trial and ready to continue if the out-of-state attorney is absent, unless the Superior Court or Supreme Court permits otherwise.
What do you need to file to get pro hac vice leave in Rhode Island?
Rule 85 requires a miscellaneous petition signed by the petitioner on a form approved by the Supreme Court, along with certifications from the attorney seeking admission and from Rhode Island associate counsel, and a client certification assenting to the representation. The current forms are on the Judiciary's website.