Civil PHV Motions

  1. Foreign attorney must first associate local counsel, an attorney who has a current Occupational License to practice law in Alabama. Local counsel will file the PHV motion (the Verified Application acts as a motion) in the designated repository specifically for PHV motions found in Alafile. For instructions on how to file this motion in Alafile, click here: Alafile Step by Step Process. All fees will be paid through local counsel’s Alafile account. There is a $300 filing fee and a $25 Client Security Fund Assessment per motion.
  2. 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.
  3. 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:
    • Proper application was not used.
    • Application is incomplete. A provision has been made for the SSN to be kept out of public record. It may be left off the application. However, the full SSN must be provided to local counsel. There is an unpublished field in Alafile where it must be entered by local counsel.
    • Certificate of Good Standing is outdated. The Certificate cannot be any older than 60 days when it is filed.
    • Certificate of Good Standing is from federal court. The Certificate must be from the licensing agency of foreign attorney’s state.
    • Insufficient notice of hearing. Rule VII allows for a 21 day notice of hearing.
    • Item #12 is incomplete/incorrect. Must disclose all cases for which applicant or member of applicant’s firm have been admitted PHV in Alabama state courts over the past 3 years.
  4. Local counsel will then file the PHV motion in Alafile, using the Alafile Step by Step Process.
  5. The PHV Regulatory Office, at the Alabama State Bar, will file a response to the PHV motion through Alafile. NO APPLICATION SHALL BE GRANTED BY THE COURT BEFORE THIS STATEMENT HAS BEEN FILED.
  6. The court or agency issues an order granting or denying the motion and sends the order to local counsel.
  7. 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 by email.