The Michigan pro hac vice application is the temporary admission request a foreign attorney files through a Michigan-licensed sponsoring attorney so the foreign attorney can appear in a specific Michigan tribunal under Michigan Court Rule 8.126. The application is submitted electronically through the State Bar of Michigan Member Portal, not the Attorney Discipline Board, despite the common shorthand “ADB pro hac vice.” Filers often confuse the two agencies, but the State Bar collects the fee and processes the motion, while the Attorney Discipline Board only enters the picture if the foreign attorney faces a grievance after admission.
The cost of getting this wrong is high. Appearing without temporary admission is the unauthorized practice of law in Michigan, which can void pleadings, trigger sanctions, and create reciprocal discipline back home. The State Bar reports that hundreds of foreign attorneys file each year, and a meaningful share are kicked back for missing certificates of good standing, stale dates, or unpaid fees. This guide walks you through every line of the motion and supporting affidavit so you do not lose a hearing date over a clerical mistake.
- 📄 What MCR 8.126 actually requires after the January 1, 2025 amendments
- 💳 The exact $155 fee, who it goes to, and when waivers apply
- ✍️ Field-by-field instructions for the motion, affidavit, and certificate of good standing
- 🧑⚖️ Three filled-out scenarios for civil, deposition-only, and multi-year matters
- 🛑 The ten mistakes that get pro hac vice motions rejected or stricken
What the Pro Hac Vice Application Is and Who Must File It
The Michigan pro hac vice application is a motion for temporary admission filed under MCR 8.126, which lets an out-of-state lawyer (now called a “foreign attorney” in the rule) appear in a Michigan court, agency, or arbitration without joining the Michigan bar. The rule was significantly amended effective January 1, 2025 to remove the old five-case-per-year cap and to streamline the process, as explained in Cardelli Lanfear’s analysis of the changes. Any attorney licensed in another U.S. state, territory, or foreign country who is not disbarred or suspended anywhere may use this procedure.
The motion must be filed by a sponsoring Michigan attorney in good standing, not by the foreign attorney directly. The sponsoring attorney signs the motion, appears with the foreign attorney at every hearing unless excused, and accepts service on the foreign attorney’s behalf. The State Bar of Michigan pro hac vice page describes the foreign attorney’s separate obligation to upload the motion to the Member Portal and pay the $155 fee.
The application sits at the intersection of three authorities. The Michigan Supreme Court adopts the rule, the State Bar collects the fee and screens the paperwork, and the individual tribunal (circuit court, district court, federal district court, or administrative agency) actually grants or denies admission. The Attorney Discipline Board only enforces discipline against foreign attorneys who misbehave after admission, which is why “ADB pro hac vice” is a misnomer that nonetheless persists in practice.
Anyone appearing as counsel of record, taking a deposition, signing a brief, or arguing a motion in Michigan needs this admission. Document review, client counseling, and behind-the-scenes drafting do not require it, but the moment a foreign attorney’s name lands on a pleading or transcript, MCR 8.126 applies.
Before You Start: Documents and Information You Need
Pulling these items together before you open the motion saves a week of back-and-forth. The State Bar’s pro hac vice procedures recommend submitting at least three weeks before any prehearing date, and missing documents are the top reason for delay.
- Foreign attorney’s full legal name and bar numbers. You need the exact name on each bar admission and the corresponding bar ID. A typo here forces a rejected upload because the State Bar cross-checks against the certificates of good standing.
- Current Certificate of Good Standing from every jurisdiction of admission. Each must be dated within a recent window (most Michigan tribunals demand within 60 days, federal courts within 30). A stale certificate is the single most common reason motions get bounced.
- Sponsoring Michigan attorney’s P-number and contact block. Without an active P-number in good standing, the motion is invalid on its face.
- Case caption and case number. The motion must be tied to a specific tribunal and docket; “general appearance” pro hac vice does not exist in Michigan.
- Disciplinary history. Any prior public discipline, suspension, or pending grievance in any jurisdiction must be disclosed in the affidavit.
- List of prior Michigan pro hac vice appearances. The amended rule removed the cap, but the tribunal still wants to see your Michigan history.
- Payment method. The $155 fee per the State Bar’s portal is paid by credit card (with a 2.5% surcharge), debit card, or electronic check.
- Email address tied to a Member Portal account. The foreign attorney creates an account at the State Bar portal; if one already exists from a prior matter, login credentials must be recovered before filing.
Do not skip the disciplinary disclosure even if the answer is “none.” Leaving the field blank reads as a failure to certify, not as a negative answer.
Where to Get the Form and How to Access It
There is no single PDF labeled “ADB Pro Hac Vice Application.” Instead, the foreign attorney and sponsor assemble three pieces: a motion drafted to local court rules, an affidavit of the foreign attorney, and the certificate(s) of good standing. The packet is uploaded as a single PDF through the State Bar of Michigan Member Portal.
Sample motion templates appear on many Michigan court websites, including Grand Traverse County’s pro hac vice page. Federal practitioners should check the U.S. District Court for the Eastern District of Michigan and the Western District for their local pro hac vice forms, which differ slightly from the state template. Administrative tribunals such as MIOSHA publish their own pro hac vice fact sheet that mirrors the state procedure.
Foreign attorneys who have appeared in Michigan before should log into their existing Member Portal account rather than create a new one. The portal stores prior submissions, and creating a duplicate account causes payment-matching errors that take weeks to untangle. Login help is available at prohacvice@michbar.org or (517) 367-6426 per the State Bar’s contact information.
The motion itself is a Word document the sponsoring attorney drafts, captioned for the specific tribunal. The affidavit is signed by the foreign attorney before a notary in the foreign attorney’s home state. The certificate of good standing is requested directly from the issuing court or bar, not from the State Bar of Michigan.
Step-by-Step: How to Fill Out the Michigan Pro Hac Vice Motion Line by Line
This section walks through each component of the packet in the order it is assembled. Use the exact field labels shown on your tribunal’s template; the captions below track the most common Michigan circuit court format under MCR 8.126.
Caption: Court Name and County
The first block on the motion identifies the tribunal. In a state circuit court matter, this reads “STATE OF MICHIGAN / IN THE CIRCUIT COURT FOR THE COUNTY OF [COUNTY].”
How to answer it: type the court name in all caps, exactly as it appears on the court’s website. For federal court, use “UNITED STATES DISTRICT COURT / EASTERN DISTRICT OF MICHIGAN / SOUTHERN DIVISION” or the appropriate division.
A specific example: in a Wayne County commercial dispute, the caption reads STATE OF MICHIGAN / IN THE CIRCUIT COURT FOR THE COUNTY OF WAYNE / BUSINESS COURT.
Nuance: if the matter is in arbitration, MCR 8.126 still applies, and the caption should track the arbitration administrator (AAA, JAMS) and case number. The 2011 amendments to the rule confirmed arbitration coverage per the State Bar’s release.
Common mistake and consequence: filers caption the motion to the wrong division, especially mixing up the Family Division with the Civil Division of the same circuit court. The clerk rejects the motion and the hearing date passes without admission.
Misconception: many out-of-state attorneys assume one motion covers every Michigan court. It does not; each tribunal grants admission only for its own docket.
Caption: Case Number and Judge
This block lists the case number assigned by the clerk and the judge’s name.
How to answer it: enter the case number exactly as printed on the existing pleadings, including the suffix (e.g., 24-012345-CB for a Wayne County business case). Type the assigned judge’s full name with honorific.
A specific example: Case No. 25-001234-NZ / Hon. Patricia P. Fresard.
Nuance: in newly filed cases where no judge is assigned yet, write “Hon. To Be Assigned.” Do not leave the field blank.
Common mistake and consequence: pulling the case number from a draft complaint rather than the file-stamped version. The clerk cannot match the motion to the docket and returns it.
Misconception: filers think the suffix code (CB, NZ, NF) is optional shorthand. It is not; it routes the case to the correct division and must appear.
Title of Motion
The title identifies the document. The standard form reads “MOTION FOR TEMPORARY ADMISSION TO PRACTICE UNDER MCR 8.126.”
How to answer it: center the title in all caps, bold, immediately below the caption. Do not abbreviate “pro hac vice” in the title; use the rule’s term “temporary admission.”
A specific example: MOTION FOR TEMPORARY ADMISSION OF JESSICA R. MARTINEZ UNDER MCR 8.126.
Nuance: if you are seeking renewal in the same case (now uncommon after the 2025 amendments removed the cap), title it “RENEWED MOTION.”
Common mistake and consequence: titling the motion “Motion for Pro Hac Vice Admission” without the rule citation makes it harder for the court’s e-filing classifier to route the document, sometimes parking it in a generic “miscellaneous” queue for days.
Misconception: filers believe the title is decorative. Michigan e-filing systems read titles to assign processing tracks, so accuracy matters.
Identification of the Foreign Attorney
This paragraph names the out-of-state lawyer seeking admission and lists every jurisdiction of licensure.
How to answer it: write the foreign attorney’s full legal name, office address, telephone number, email, and each bar admission with the corresponding bar number and date of admission. List every jurisdiction, even inactive ones.
A specific example: Jessica R. Martinez, 200 W. Madison St., Suite 3000, Chicago, IL 60606, (312) 555-0142, jmartinez@firm.com; admitted Illinois (Bar No. 6298765, 11/05/2010); admitted New York (Bar No. 5123456, 06/12/2012).
Nuance: if the foreign attorney holds inactive status anywhere, say so and explain why. Inactive status is not disqualifying, but hiding it is.
Common mistake and consequence: omitting an old jurisdiction the lawyer no longer practices in. The State Bar runs national disciplinary database checks, finds the missing license, and treats the omission as a candor problem.
Misconception: many filers assume only the “primary” bar matters. The rule requires disclosure of all admissions.
Sponsoring Attorney Block
This paragraph names the Michigan lawyer sponsoring the motion and confirms good standing.
How to answer it: include the sponsoring attorney’s name, P-number, firm, address, phone, and email, followed by the certification that the sponsor is in good standing with the State Bar of Michigan.
A specific example: David L. Chen (P67890), Chen & Associates PLLC, 500 Woodward Ave., Suite 2200, Detroit, MI 48226, (313) 555-0188, dchen@chenlaw.com, who is in good standing with the State Bar of Michigan.
Nuance: in-house counsel for a Michigan company can sponsor if they hold an active P-number; a corporate title alone is not enough.
Common mistake and consequence: listing a P-number that is on inactive or fee-delinquent status. The motion is denied as a matter of law because the sponsor cannot legally appear.
Misconception: filers think any Michigan-licensed lawyer at the firm can sponsor. The sponsor must be the lawyer who will actually appear with the foreign attorney, not a name on the letterhead.
Statement of the Case
This paragraph briefly describes the matter and the foreign attorney’s role.
How to answer it: in two to four sentences, identify the parties, the nature of the dispute, and what the foreign attorney will do (try the case, take depositions, argue a specific motion).
A specific example: This is a breach-of-contract action by Lakeside Manufacturing, Inc. against Detroit Components LLC arising from a $4.2 million supply agreement. Movant Jessica R. Martinez represents Lakeside, has handled the matter from inception in Illinois pre-suit negotiations, and seeks admission to try the case set for trial on October 14, 2026.
Nuance: if the foreign attorney’s role is limited (single deposition, single motion), say so. A narrower role can speed approval.
Common mistake and consequence: vague descriptions like “to assist with the litigation” trigger judicial questions and continuances.
Misconception: filers fear too much detail will be used against the client. Courts want clarity; vagueness reads as evasiveness.
Disciplinary Disclosure Paragraph
This paragraph affirms whether the foreign attorney has any disciplinary history.
How to answer it: state plainly whether the foreign attorney has ever been the subject of public discipline, suspension, disbarment, or a pending disciplinary investigation in any jurisdiction. If yes, attach the order and explain.
A specific example: Movant has not been suspended, disbarred, or otherwise publicly disciplined in any jurisdiction, and no disciplinary investigation is currently pending against her.
Nuance: private admonitions and dismissed grievances usually do not require disclosure, but check the rule of each jurisdiction. When in doubt, disclose.
Common mistake and consequence: writing “N/A” instead of an affirmative statement. Some judges read “N/A” as a refusal to certify and require an amended motion.
Misconception: filers believe old discipline that was reinstated does not count. It does; reinstatement does not erase the public record.
Prior Michigan Appearances Paragraph
This paragraph lists every prior pro hac vice motion filed by the foreign attorney in Michigan.
How to answer it: list each prior matter by court, case number, date of admission, and outcome (granted, denied, withdrawn). If none, state “Movant has not previously sought pro hac vice admission in Michigan.”
A specific example: Movant was admitted pro hac vice in Oakland County Circuit Court Case No. 22-198765-CB on 03/15/2023 (granted) and in U.S. District Court, E.D. Mich., Case No. 24-cv-11234 on 07/02/2024 (granted).
Nuance: even though the 2025 amendments eliminated the five-case cap per the State Bar Journal article, tribunals still scrutinize repeated appearances to decide whether the foreign attorney is effectively practicing in Michigan without a license.
Common mistake and consequence: forgetting an appearance from years past. The State Bar’s records will surface it, and the omission undermines credibility.
Misconception: filers think only granted motions matter. Denied or withdrawn motions are equally relevant.
Fee Payment Confirmation
This paragraph confirms the $155 State Bar fee has been paid.
How to answer it: include the payment confirmation number from the Member Portal and the date of payment. The MIOSHA fact sheet and the State Bar portal both confirm the $155 amount and acceptable payment methods.
A specific example: The $155 temporary admission fee was paid to the State Bar of Michigan on 05/20/2026, confirmation number SBM-PHV-2026-08823.
Nuance: fee waivers under MCR 8.126(4) apply to public defenders, prosecutors, federally funded legal aid lawyers, and law school clinic attorneys serving indigent clients. State the basis for any waiver.
Common mistake and consequence: paying through a personal account but listing the firm as the payor causes the State Bar to flag the motion for a payment-matching review.
Misconception: filers think the fee is per case for the rest of time. The fee is paid each time a motion is filed unless a waiver applies.
Prayer for Relief and Signature
The final block asks the court to grant the motion and is signed by the sponsoring attorney.
How to answer it: type “WHEREFORE, Movant respectfully requests that this Court enter an Order granting [Foreign Attorney] temporary admission to practice in this matter under MCR 8.126.” The sponsoring attorney signs above the signature block, prints name, P-number, and date.
A specific example: /s/ David L. Chen / David L. Chen (P67890) / Sponsoring Attorney / Dated: May 22, 2026.
Nuance: in e-filed matters, the /s/ convention satisfies the signature requirement. Wet signatures are still acceptable but not required.
Common mistake and consequence: the foreign attorney signs the motion instead of the sponsor. Because the sponsor is the movant, an unsigned-by-sponsor motion is procedurally defective.
Misconception: filers think both attorneys must sign. Only the sponsor’s signature is required on the motion itself; the foreign attorney signs the affidavit.
The Foreign Attorney’s Affidavit
The affidavit is a separate sworn statement signed by the foreign attorney before a notary.
How to answer it: track the motion’s substantive paragraphs (identification, jurisdictions, discipline, prior appearances) in first person, then add the oath language and notary block.
A specific example: I, Jessica R. Martinez, being duly sworn, depose and say: 1. I am admitted to practice in Illinois and New York, in good standing in each. 2. I have never been disciplined in any jurisdiction. … Subscribed and sworn before me this 18th day of May, 2026.
Nuance: remote online notarization is allowed in most states; confirm the notary’s authority to perform RON before scheduling.
Common mistake and consequence: notarizing without the foreign attorney physically (or by RON) appearing before the notary. The affidavit is invalid and the motion is denied.
Misconception: filers think a declaration under penalty of perjury substitutes for the affidavit. Michigan tribunals generally require notarization for pro hac vice affidavits.
Certificate of Good Standing Attachment
A current certificate from every jurisdiction of admission must be attached.
How to answer it: request certificates directly from each licensing court or bar. Most jurisdictions issue them within a week. Attach as the last exhibit to the motion.
A specific example: Exhibit A — Certificate of Good Standing, Supreme Court of Illinois, dated 05/01/2026; Exhibit B — Certificate of Good Standing, Appellate Division of the Supreme Court of New York, Third Department, dated 05/03/2026.
Nuance: federal courts often want the certificate from a court of record, not from a state bar association, per the E.D. Mich. admission instructions.
Common mistake and consequence: attaching a certificate older than 60 days. Many Michigan judges deny the motion outright rather than continue it for a fresh certificate.
Misconception: a State Bar of Michigan certificate is not what is needed; it is the foreign attorney’s home jurisdiction certificate that matters.
Three Filled-Out Examples Using Real Scenarios
Each scenario follows one named filer through the packet. The examples are illustrative and use the most common fact patterns.
Scenario 1: Jessica Martinez, Illinois Litigator in a Wayne County Commercial Case
| Form Section | What Jessica’s Sponsor Enters |
|---|---|
| Caption | STATE OF MICHIGAN / IN THE CIRCUIT COURT FOR THE COUNTY OF WAYNE / BUSINESS COURT |
| Case Number / Judge | Case No. 25-001234-CB / Hon. Patricia P. Fresard |
| Title | MOTION FOR TEMPORARY ADMISSION OF JESSICA R. MARTINEZ UNDER MCR 8.126 |
| Foreign Attorney Block | Jessica R. Martinez; admitted Illinois (No. 6298765, 11/05/2010) and New York (No. 5123456, 06/12/2012) |
| Sponsor Block | David L. Chen (P67890), Chen & Associates PLLC, Detroit, MI |
| Statement of Case | Breach of $4.2M supply contract; Movant has handled matter pre-suit and seeks admission for trial. |
| Disciplinary | No public discipline in any jurisdiction; no pending investigation. |
| Fee Confirmation | $155 paid 05/20/2026, conf. SBM-PHV-2026-08823. |
| Attachments | Affidavit; IL Certificate (05/01/2026); NY Certificate (05/03/2026). |
Scenario 2: Marcus Bell, New York Attorney for a One-Time Deposition
| Form Section | What Marcus’s Sponsor Enters |
|---|---|
| Caption | STATE OF MICHIGAN / IN THE CIRCUIT COURT FOR THE COUNTY OF OAKLAND |
| Case Number / Judge | Case No. 26-009876-NO / Hon. Jeffery S. Matis |
| Title | MOTION FOR LIMITED TEMPORARY ADMISSION OF MARCUS T. BELL UNDER MCR 8.126 |
| Foreign Attorney Block | Marcus T. Bell; admitted New York (No. 4789012, 09/22/2008) |
| Sponsor Block | Aisha N. Patel (P72145), Patel Law Group, Troy, MI |
| Statement of Case | Personal injury action; Movant seeks admission solely to depose corporate representative on 06/24/2026. |
| Disciplinary | No public discipline; no pending matters. |
| Fee Confirmation | $155 paid 05/15/2026, conf. SBM-PHV-2026-08512. |
| Attachments | Notarized affidavit; NY Certificate of Good Standing (04/29/2026). |
Scenario 3: Janet Whitmore, California Lawyer in a Multi-Year Class Action
| Form Section | What Janet’s Sponsor Enters |
|---|---|
| Caption | UNITED STATES DISTRICT COURT / EASTERN DISTRICT OF MICHIGAN / SOUTHERN DIVISION |
| Case Number / Judge | Case No. 25-cv-12876 / Hon. Linda V. Parker |
| Title | MOTION FOR ADMISSION PRO HAC VICE OF JANET A. WHITMORE |
| Foreign Attorney Block | Janet A. Whitmore; admitted California (No. 198432, 12/04/1998); admitted D.C. (No. 487123, 03/15/2001) |
| Sponsor Block | Robert E. Singh (P55432), Singh & Bloom LLP, Ann Arbor, MI |
| Statement of Case | Consumer class action expected to run through 2028; Movant is lead class counsel. |
| Disciplinary | 2014 California private admonition (disclosed in abundance of caution); no public discipline. |
| Fee Confirmation | $155 paid 05/12/2026, conf. SBM-PHV-2026-08401. |
| Attachments | Affidavit; CA Certificate (05/05/2026); D.C. Certificate (05/06/2026); E.D. Mich. Local Form. |
How to File the Completed Motion
Filing happens in two parallel tracks: payment and upload to the State Bar, and filing of the motion in the tribunal.
The State Bar track runs through the Member Portal. The foreign attorney logs in (or creates an account), opens a new pro hac vice case, uploads the combined PDF (motion, affidavit, certificates), and pays the $155 fee. Credit card payments add a 2.5% surcharge per the State Bar; debit cards and electronic checks do not. Confirmation arrives by email and includes the confirmation number that goes into the motion’s fee paragraph. Processing typically takes a few business days, though the MIOSHA guidance advises filing at least three weeks before any prehearing date.
The tribunal track varies by court. State circuit courts use MiFILE for e-filing in participating counties; the sponsoring attorney files the motion as a “Motion for Temporary Admission” and serves all parties. Federal courts use CM/ECF; in the Eastern District, follow the E.D. Mich. admission instructions and pay the additional federal admission fee. Administrative tribunals such as MIOSHA accept the motion by mail or email per their fact sheet. Arbitration tribunals receive the motion under their own administrative rules.
Keep proof of filing for both tracks. The State Bar payment confirmation and the tribunal’s filed-stamped copy together form the record that the foreign attorney can lawfully appear. Without both, opposing counsel can move to strike pleadings.
What Happens After You File
Within a few business days, the State Bar of Michigan sends an email confirming receipt of the fee and the upload. That confirmation is not admission; admission only happens when the tribunal grants the motion. Most state circuit courts dispose of unopposed pro hac vice motions on the papers within two to four weeks; federal courts often act faster, sometimes within days.
If the tribunal grants the motion, the foreign attorney is admitted only for the named matter. The order is entered on the docket, and the foreign attorney can sign pleadings and appear at hearings. The sponsor remains responsible for receiving service and appearing alongside the foreign attorney unless the court excuses attendance for routine matters.
If the tribunal denies or defers the motion, the most common reasons are stale certificates, undisclosed discipline, or a sponsor who is not in good standing. The motion can be re-filed after the defect is cured, but a new $155 fee is required because the State Bar treats each motion as a fresh case.
After admission, the foreign attorney is subject to the jurisdiction of the Michigan Attorney Discipline Board for any conduct in the Michigan matter. Misconduct can lead to revocation of the temporary admission and reciprocal discipline back home.
Mistakes to Avoid When Filling Out the Form
Each of these errors is a documented reason motions get rejected, denied, or stricken.
- Filing without a sponsoring Michigan attorney; the motion is invalid on its face.
- Listing a sponsor whose P-number is inactive or fee-delinquent; the sponsor cannot lawfully appear.
- Attaching a certificate of good standing older than 60 days; many judges deny outright.
- Omitting a jurisdiction of admission; the State Bar’s database check will surface it and damage credibility.
- Failing to disclose prior public discipline; treated as a candor violation.
- Skipping the notary on the affidavit; the affidavit is legally a nullity.
- Paying the fee from a different account than the filer listed; payment-matching delays follow.
- Captioning the motion to the wrong division (Family vs. Civil); the clerk rejects.
- Using “Pro Hac Vice” in the title instead of “Temporary Admission Under MCR 8.126”; e-filing routing breaks.
- Forgetting to file in the tribunal after paying the State Bar fee; payment alone does not create admission.
- Listing the wrong case number or a draft case number; the motion cannot be matched to the docket.
- Assuming one motion covers multiple Michigan tribunals; each court requires its own motion.
Do’s and Don’ts
A short rule list helps both the sponsor and the foreign attorney avoid trouble.
- Do confirm the sponsor’s good standing on the State Bar member directory before filing; it is a 30-second check that prevents disaster.
- Do request fresh certificates of good standing within 30 days of filing, because federal and many state judges treat older certificates as defective.
- Do file at least three weeks before any hearing, because the State Bar’s processing window plus the tribunal’s docket time eats two to four weeks.
- Do disclose every jurisdiction of admission, including inactive ones, because the State Bar checks national disciplinary databases.
- Do keep both the State Bar confirmation and the tribunal’s filed-stamped order in the case file, because either one alone is incomplete proof.
- Do use the Member Portal account from prior matters rather than creating a new one, because duplicate accounts cause payment-matching errors.
- Don’t sign the affidavit without a notary; declarations under penalty of perjury are not the standard practice in Michigan tribunals.
- Don’t assume the 2025 rule changes eliminated all caseload scrutiny; tribunals still review whether repeated appearances amount to unauthorized practice.
- Don’t list the foreign attorney as the movant; the sponsor is the movant under MCR 8.126.
- Don’t pay the fee without the case number ready; the portal binds payment to a specific matter.
- Don’t ignore administrative tribunals; MIOSHA, MERC, and similar agencies require pro hac vice motions just like courts do.
- Don’t forget to renew if the matter spans years; while the cap is gone, some tribunals still order annual updates.
Pros and Cons of Filing on Your Own vs. With Local Counsel Drafting
Most foreign attorneys ask the Michigan sponsor to draft the motion, but some prepare it themselves. Each path has tradeoffs.
Pros of having local counsel draft the motion:
- Local counsel knows the specific judge’s preferences, which avoids easy denials.
- Local counsel can pull case numbers and judge assignments directly from MiFILE.
- The sponsor’s signature is required anyway, so drafting is a small marginal effort.
- Local counsel can monitor the docket for the order and alert the foreign attorney.
- Local counsel handles service on opposing parties, which is a Michigan-rule-specific task.
Cons of having local counsel draft the motion:
- Local counsel charges hourly for drafting, often one to three hours of time.
- Communication delays can push the timeline beyond the three-week buffer.
- Local counsel may not know the foreign attorney’s full disciplinary history.
- Edits and back-and-forth on bar admission details can take a week.
- Local counsel may template the motion in a way that omits matter-specific details.
Pros of the foreign attorney drafting the motion:
- Faster turnaround; the foreign attorney knows their own bar history.
- Lower cost since the sponsor only reviews and signs.
- The foreign attorney controls the narrative of the statement of the case.
- The foreign attorney can ensure all jurisdictions and discipline disclosures are accurate.
- The foreign attorney can match the motion’s language to their home jurisdiction’s style.
Cons of the foreign attorney drafting the motion:
- Risk of using the wrong Michigan caption or division.
- Risk of missing local rules in particular counties (Wayne, Oakland, Macomb each have quirks).
- The sponsor still must review carefully, which sometimes creates rework.
- The foreign attorney may not have a Michigan Member Portal account yet, adding setup time.
- The foreign attorney may not realize MCR 8.126 applies to arbitrations and administrative tribunals.
Key Difference: Pro Hac Vice vs. Admission Without Examination
| Feature | Pro Hac Vice (MCR 8.126) |
|---|---|
| Who uses it | Foreign attorney appearing in a specific matter |
| Sponsor required | Yes, a Michigan-licensed attorney |
| Fee | $155 per motion paid to State Bar |
| Scope | One tribunal, one matter |
| Discipline jurisdiction | Michigan ADB plus home state |
| Renewal | Generally not required after 2025 amendments, but tribunal-specific |
| Feature | Admission Without Examination |
|---|---|
| Who uses it | Foreign attorney joining the Michigan bar |
| Sponsor required | No |
| Fee | Several hundred dollars to the Board of Law Examiners |
| Scope | All Michigan tribunals |
| Discipline jurisdiction | Michigan ADB |
| Renewal | Annual State Bar dues |
FAQs
Is the Michigan pro hac vice fee really $155?
Yes. The current fee under MCR 8.126 is $155 per motion, payable to the State Bar of Michigan through the Member Portal, with a 2.5% surcharge for credit card payments.
Do I file the motion with the Attorney Discipline Board?
No. Despite the “ADB pro hac vice” shorthand, the motion goes to the State Bar of Michigan and the specific tribunal. The Attorney Discipline Board only handles post-admission discipline.
Did the 2025 amendments eliminate the five-case limit?
Yes. Effective January 1, 2025, MCR 8.126 removed the cap on the number of Michigan cases a foreign attorney can handle, provided the attorney has a pending application for admission without examination.
Can I appear pro hac vice in arbitration?
Yes. MCR 8.126 expressly applies to arbitrations under the 2011 amendments, so a foreign attorney appearing in a Michigan-seated AAA or JAMS proceeding must file the motion.
Do I write my full bar number or just the digits in the foreign attorney block?
Yes, write the full bar number exactly as the issuing jurisdiction formats it, including any leading zeros, because the State Bar matches the number against the certificate of good standing.
Should I list inactive bar admissions in the affidavit?
Yes. Every admission, active or inactive, must be disclosed because the State Bar’s national database check will surface them and the omission reads as a candor problem.
Do I need a separate motion for each Michigan tribunal?
Yes. Each court grants admission only for its own docket, so a foreign attorney appearing in both circuit court and federal court files two separate motions and pays two fees.
Does “N/A” count as a disciplinary disclosure?
No. Tribunals expect an affirmative statement that no public discipline exists; “N/A” reads as a refusal to certify and triggers a request to amend.
Is a declaration under penalty of perjury enough instead of a notarized affidavit?
No. Michigan tribunals generally require notarization for the foreign attorney’s affidavit, so plan for a notary appointment, including remote online notarization where allowed.
Can my paralegal sponsor the motion if my Michigan partner is on vacation?
No. Only a Michigan-licensed attorney with an active P-number in good standing can sponsor; a paralegal cannot, and a vacationing partner remains the sponsor of record.
Do I need a fresh certificate of good standing for every Michigan motion?
Yes. Each motion requires a current certificate (typically within 30 to 60 days), and recycling an older certificate from a prior matter usually leads to denial.
Are public defenders exempt from the $155 fee?
Yes. Under MCR 8.126(4), public defenders, prosecutors, federally funded legal aid lawyers, and qualifying law school clinic attorneys serving indigent clients can have the fee waived.
Does the State Bar of Michigan issue the certificate of good standing I attach?
No. The certificate must come from the foreign attorney’s own licensing court or bar, not the State Bar of Michigan, and federal tribunals often require a certificate from a court of record specifically.
How long should I expect the motion to take from filing to admission?
Yes, plan on two to four weeks from upload to a granted order, which is why the State Bar advises submitting at least three weeks before any prehearing or trial date.
Related reading
- How to Fill Out California State Bar Pro Hac Vice Application (w/Examples) + FAQs
- How to Fill Out Florida Bar Pro Hac Vice Verified Motion (w/Examples) + FAQs
- How to Fill Out Texas Bar Pro Hac Vice Application (w/Examples) + FAQs
- How to Fill Out the Massachusetts Pro Hac Vice Verified Statement (w/Examples) + FAQs
- How to Fill Out the Washington WSBA Pro Hac Vice Application + FAQs
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