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Rule 85.Out-of-State Counsel.

Current through February 2024 · Last verified July 8, 2026

In one sentenceRule 85 bars anyone who is not a member of the Rhode Island bar from acting as an attorney in Superior Court proceedings unless granted leave to appear pro hac vice, and requires a Rhode Island lawyer to be present and ready to step in whenever that out-of-state attorney is in court.

Full Text of Rule 85

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No person, who is not an attorney and counselor of the Supreme Court of the State of Rhode Island, shall be permitted to act as attorney or counselor for any party in any proceeding, hearing, or trial in the Superior Court unless granted leave to do so by the Superior Court or by the Supreme Court. Unless the Superior Court or the Supreme Court permits otherwise, any attorney who is granted such leave to practice before the Superior Court shall not engage in any proceeding, hearing, or trial therein unless there is present in the courtroom for the duration of the proceeding, hearing, or trial a member of the bar of Rhode Island who shall be prepared to continue with the proceeding, hearing, or trial in the absence of counsel who has been so granted leave.
Subject to the limitations and exceptions set forth in Art. II, Rule 9 of the Supreme Court Rules for the Admission of Attorneys and Others to Practice Law, leave shall be granted by the Superior Court, in its discretion, upon a miscellaneous petition signed by the petitioner in a form approved by the Supreme Court, supported by certifications of the attorney seeking admission pro hac vice and of Rhode Island associate counsel, and assented to by the party being represented in a client certification. The most current forms for pro hac vice are located on the Judiciary's website at www.courts.ri.gov under the heading of Public Resources, Forms.

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.

Source & verification. The rule text is reproduced verbatim from the official Rhode Island Superior Court Rules of Civil Procedure (R.I. Super. Ct. R. Civ. P. 85). Prescribed by the Supreme Court of Rhode Island (R.I. Gen. Laws § 8-6-2). The plain-English summary is original and written by us. Last verified July 8, 2026. · Official source
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