Rule 3 - Admission of AttorneysSection 1. Admission of Attorneys. The Supreme Court shall have exclusive jurisdiction to admit attorneys to practice in Indiana. Admission to practice law by the Court pursuant to Rule 21 shall entitle attorneys to practice in any of the courts of this state.
Section 2. Temporary Admission on Petition. (a)Requirements for Temporary Admission on Petition. Any court of the State of Indiana, in the exercise of discretion, may permit a member of the bar of another state or territory of the United States, or the District of Columbia, not admitted pursuant to Rule 21, to appear in a particular case or proceeding, only if the court before which the attorney wishes to appear or in the case of an administrative proceeding, the Supreme Court, determines that there is good cause for such appearance and that each of the following conditions is met:
(1) A member of the bar of this state has appeared and agreed to act as co- counsel. (2) The attorney is not a resident of the state of Indiana, regularly employed in the state of Indiana, or regularly engaged in business or professional activities in the state of Indiana. (3) The attorney has made payment to the Executive Director of the Indiana Office of Admissions and Continuing Education a case specific registration fee of $300, accompanied by a copy of the Verified Petition for Temporary Admission that the attorney intends to file pursuant to subdivision (4) below. Upon receipt of the registration fee and petition, the Executive Director of the Indiana Office of Admissions and Continuing Education will issue a temporary admission attorney number and payment receipt to the attorney seeking admission. If the attorney's verified petition for temporary admission is thereafter denied, the registration fee shall not be refunded.(4) The attorney files a certificate of good standing issued within the previous thirty days by the highest court in each state in which the attorney is admitted to practice law and a verified petition, co-signed by co-counsel designated pursuant to subdivision (a)(1), setting forth: (i) The attorney's residential address, office address, office telephone number, electronic mail address, and the name and address of the attorney's law firm or employer, if applicable;(ii) The states or territories in which the attorney has ever been licensed to practice law, including the dates of admission to practice and any attorney registration numbers; (iii) That the attorney is currently a member in good standing in all jurisdictions listed in (ii); (iv) That the attorney has never been suspended, disbarred or resigned as a result of a disciplinary charge, investigation, or proceeding from the practice of law in any jurisdiction; or, if the attorney has been suspended, disbarred or resigned from the practice of law, the petition shall specify the jurisdiction, the charges, the address of the court and disciplinary authority which imposed the sanction, and the reasons why the court should grant limited admission not withstanding prior acts of misconduct; (v) That no disciplinary proceeding is presently pending against the attorney in any jurisdiction; or, if any proceeding is pending, the petition shall specify the jurisdiction, the charges and the address of the disciplinary authority investigating the charges. An attorney admitted under this rule shall have the continuing obligation during the period of such admission promptly to advise the court of the disposition made of pending charges or the institution of new disciplinary proceedings; (vi) A list of all cases and proceedings, including caption and case number, in which the attorney has appeared in any court or administrative agency of this state during the last five (5) years by temporary admission. (vii) Absent good cause, repeated appearances by any person pursuant to this rule shall be cause for denial of the petition. A demonstration that good cause exists for the appearance shall include at least one of the following: (a) the cause in which the attorney seeks admission involves a complex field of law in which the attorney has special expertise, (b) there has been an attorney-client relationship with the client for an extended period of time, (c) there is a lack of local counsel with adequate expertise in the field involved, (d) the cause presents questions of law involving the law of the foreign jurisdiction in which the applicant is licensed, or (e) such other reason similar to those set forth in this subsection as would present good cause for the temporary admission. (viii) A statement that the attorney has read and will be bound by the Rules of Professional Conduct adopted by the Supreme Court, and that the attorney consents to the jurisdiction of the State of Indiana, the Indiana Supreme Court, and the Indiana Supreme Court Disciplinary Commission to resolve any disciplinary matter that might arise as a result of the representation. (ix) A statement that the attorney has paid the registration fee to Executive Director of the Indiana Office of Admissions and Continuing Education in compliance with subdivision (a)(3), together with a copy of the payment receipt and temporary admission attorney number issued by the Executive Director of the Indiana Office of Admissions and Continuing Education pursuant to subdivision (3). (b)Responsibilities of Attorneys. Members of the bar of this state serving as co-counsel under this rule shall sign all briefs, papers and pleadings in the cause and shall be jointly responsible therefor. The signature of co-counsel constitutes a certificate that, to the best of co-counsel's knowledge, information and belief, there is good ground to support the signed document and that it is not interposed for delay or any other improper reason. Unless ordered by the trial court, local counsel need not be personally present at proceeding before the court. (c)Failure to Register, or Otherwise Perform as Required. Any foreign attorney who fails to register or pay the registration fee as required under subsection (a) shall be subject to discipline in this state. Members of the bar of this state serving as co-counsel under this rule shall be subject to discipline if the attorney admitted under this rule fails to pay the required fees or otherwise fails to satisfy the requirements of this rule. Ind. R. Att'y Adm. & Discip. 3
Amended effective 4/14/1965; amended Nov. 30, 1989, effective 1/1/1990; amended Dec. 4, 1998, effective 1/1/1999; amended Aug. 15, 2006, effective 1/1/2007; amended Sept. 10, 2007, effective 1/1/2008; amended Sept. 9, 2008, effective 1/1/2009; amended July 30, 2010, effective 8/1/2010; amended July 28, 2011, effective 8/1/2011; amended Sept. 20, 2011, effective 1/1/2012; amended June 30, 2014, effective 6/30/2014; amended October 6, 2021, effective 1/1/2022.Official Commentary
The amendments apply only to requests for Temporary Admission on Petition filed on or after January 1, 2022.
If an attorney has been granted temporary admission status in a case prior to January 1, 2022, the attorney need not pay a renewal fee in that case. For cases initiated after January 1, 2022, an attorney must pay the temporary admission registration fee for each case.
If more than one (1) attorney from one firm is appearing pursuant to a Temporary Admission on Petition in a particular case or proceeding on behalf of the same client, each attorney appearing nevertheless has an individual obligation to comply with the Rule as amended.