Certificate of Good Standing: New York's 30-Day Rule

What the 30-Day Rule Requires

When an out-of-state attorney seeks admission pro hac vice in a New York court, the motion package must include a Certificate of Good Standing from the court or regulatory body that admitted the applicant to practice in each jurisdiction where the applicant is currently licensed. The certificate confirms that the applicant is a member in good standing, that the license is active, and that there is no pending disciplinary matter of record.

In the First Department (which covers New York County and the Bronx) and the Second Department (which covers Kings, Queens, Richmond, Nassau, Suffolk, Orange, Putnam, Rockland, and several other downstate counties), the Appellate Division rules require that each Certificate of Good Standing be dated within 30 days of the verification of the pro hac vice motion. If the certificate is older than 30 days when the motion is filed, the court may reject the motion on that ground alone.

Where the Rule Actually Comes From

The text of 22 NYCRR 520.11, which is the main rule governing pro hac vice admission in New York state court, does not itself specify how recent the Certificate of Good Standing must be. Section 520.11 requires only that the applicant be a member in good standing of the bar of another jurisdiction. The 30-day timing requirement is imposed separately by the Appellate Division rules of the First and Second Departments.

Because the rule comes from the Appellate Division rather than from 520.11, attorneys sometimes assume that a 90-day certificate or a 6-month certificate will suffice because those are common windows in other jurisdictions. That assumption is wrong for downstate New York practice. The Appellate Division rule controls and courts enforce it strictly.

Federal courts in the Southern District of New York and the Eastern District of New York have their own local rules, and the timing requirements differ from the state court rule. Out-of-state attorneys appearing in SDNY or EDNY should confirm the current federal requirements in the specific district before ordering a certificate.

Why Certificates Get Rejected as Stale

The most common pattern is straightforward. An attorney has an older Certificate of Good Standing on file from a prior filing, or orders one early in the engagement and then the motion is not filed for several weeks or months. By the time local counsel files the motion, the certificate is outside the 30-day window.

A second pattern involves attorneys admitted in multiple jurisdictions. Every jurisdiction where the applicant is admitted must produce a current certificate. If an attorney is admitted in three states, three certificates are required. A stale certificate from any one of those jurisdictions can delay or defeat the motion.

A third pattern involves sourcing. The certificate must come from the court or regulatory authority that admitted the applicant, not from a voluntary state bar association. A certificate issued by the wrong body is not a Certificate of Good Standing for pro hac vice purposes, regardless of how recent it is.

How to Get a Fresh Certificate Quickly

Most state supreme courts and admissions authorities now issue Certificates of Good Standing electronically. Turnaround times vary, but many jurisdictions can deliver within one to three business days if the request is submitted online and the fee is paid at the time of request. Paper certificates take longer because they must be mailed.

Order from the correct body. In most states, the clerk of the highest state court or the state's attorney licensing agency issues the certificate. Voluntary bar associations are not the issuing authority. If you are uncertain which body issues the certificate in your jurisdiction, ask your local counsel or check the pro hac vice guidance published by the Appellate Division.

Coordinate timing with the motion filing. The 30-day clock runs from the verification date of the motion, not from the date you order the certificate. Work backward from the expected filing date. If your local counsel anticipates filing in two weeks, order the certificate now and plan on an expedited turnaround.

Common Questions

What if I am admitted in multiple states?

You must produce a current Certificate of Good Standing from every jurisdiction where you are currently admitted. Each certificate must satisfy the 30-day rule. Retired or inactive admissions may not need separate certificates, depending on how the motion is drafted. Work this out with your local counsel before ordering.

Does the 30-day rule apply to appeals?

A pro hac vice admission in the trial court does not carry over to the Appellate Division. A separate pro hac vice motion must be filed at the Appellate Division, with a fresh Certificate of Good Standing that satisfies the 30-day rule at the time of that motion.

Is the rule different in federal court?

Federal courts in SDNY and EDNY apply their own local rules and procedures for pro hac vice admission. Timing requirements differ, and the federal rule is not necessarily 30 days. Consult the specific local rules or confirm with local counsel before ordering the certificate.

What happens if I file with a stale certificate?

The court will usually deny the motion or order the applicant to cure the deficiency. Curing means ordering and submitting a fresh certificate, which can delay the case by days or weeks. In some situations, opposing counsel may use the defect as an opportunity to oppose the motion or raise other objections.

Related: Pro Hac Vice Overview · Pro Hac Vice Application in New York · How Long Does PHV Take? · How to File a Pro Hac Vice Motion · Pro Hac Vice in SDNY and EDNY · Do You Need New York Local Counsel?

This article is general information, not legal advice. Rules change. Confirm current requirements with local counsel before filing. Attorney advertising.