The Massachusetts Judicial Branch

Massachusetts Appeals Court

Pro Hac Vice


In Massachusetts, admission pro hac vice requires permission of the court. General Laws c. 221, § 46A, provides a guideline for the court's exercise of its discretion and requires a showing that out-of-state counsel is a member in good standing of the bar in a state that grants similar privileges to Massachusetts attorneys. The trial court's allowance of a pro hac vice motion does not qualify the out-of-state counsel to file papers with the Appeals Court. A motion to have out-of-state counsel admitted pro hac vice must be filed in the Massachusetts Appeals Court after, or simultaneous to, the entry of the appeal and before out-of-state counsel seeks to file any papers. This motion must be filed by local Massachusetts counsel and be accompanied by an affidavit from both local counsel and out-of state counsel setting forth facts sufficient to satisfy the statutory and case law guidelines for the exercise of judicial discretion in ruling on these motions. See G. L. c. 221, § 46A; DiLuzio v. United Elec., Radio and Mach. Workers of America, Local 274, 391 Mass. 211 (1984).