Civil 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 (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: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 There is an unpublished field in Alafile where the SSN must be entered by local counsel.)
- The Certificate of Good Standing is outdated. The Certificate of Good Standing cannot be any older than 60 days when it is filed.
- The Certificate of Good Standing is from a federal court. The Certificate of Good Standing 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.
- 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.
- Local counsel will file the PHV motion(the 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: . All fees($300filing fee and $25 Client Security Fund assessment for each motion) will be paid through local counsel’s Alafile account.
- The Alabama State Bar PHV Regulatory Office will file a response to the PHV motion through Alafile. 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