Criminal PHV Motions
- Foreign attorney must first associate local counsel, an attorney who has a current Occupational License to practice law in Alabama.
- A PHV hearing date must be obtained from the court or administrative body where the cause is to be heard prior to filing the motion. The motion should be filed at least 21 days prior to the designated hearing date.
- Foreign attorney will complete the Verified Application(including a current Certificate of Good Standing) and send to local counsel. The application will be considered deficient if:
- The proper application was not used.
- The application is incomplete.(Note:The full SSN must be on the copy that is filed with the Alabama State Bar. Our records are not public. It may be left off the original that is filed with the court.)
- The Certificate of Good Standing is outdated. The Certificate cannot be any older than 60 days when it is filed.
- The Certificate of Good Standing is from a federal court. The Certificate must be from the licensing agency of foreign attorney’s state.
- There is insufficient notice of hearing. Rule VII allows for a 21 day notice of hearing.The copy of the application and required fees must be filed with the Alabama State Bar at least 21 days prior to the designated hearing date.
- The Fees not included. Two separate checks must accompany the application. One check made payable to the Alabama State Bar in the amount of $300and a separate check made payable to the Client Security Fund in the amount of $25.These fees are assessed per motion.
- Item #12 in the application is incomplete/incorrect. There must be an accurate and complete disclosure of all cases for which applicant or member of applicant’s firm have been admitted PHV in Alabama state courts over the past 3 years.
- The original completed verified application is filed with the clerk of the court or state agency.
- A copy of the completed verified application and the two separate fees($300filing fee/$25 Client Security Fund fee per motion) is filed with the Alabama State Bar PHV Regulatory Office. This must be filed at least 21 days prior to the designated PHV hearing date.
- The Alabama State Bar will file a Statement with the court prior to the scheduled hearing date. NO APPLICATION SHALL BE GRANTED BY THE COURT BEFORE THIS STATEMENT HAS BEEN FILED.
- The court or agency issues an order granting or denying the motion and sends the order to local counsel.
- Local counsel sends a copy of the order to the Alabama State Bar within 30 days of the hearing.
Any questions should be directed to the PHV Regulatory Office