Pro Hac Vice by Order to Show Cause in New York

The Short Answer

A pro hac vice motion can be submitted to the assigned judge by order to show cause. The OSC includes a proposed short return date and directions for service. The judge reviews the OSC and, if the urgency is genuine and the supporting papers are complete, signs it with the requested short return date. This compresses the normal pro hac vice timeline (weeks in state court, hours in SDNY and EDNY) to a matter of days, or in federal court often to the same day.

When OSC Is the Right Move

Order to show cause is appropriate when the applicant attorney needs to be admitted before a specific upcoming event. Typical scenarios:

• Upcoming hearing or oral argument where the applicant attorney needs to appear and argue.
• Noticed deposition the applicant attorney needs to take or defend.
• Pending motion with a return date at which counsel must appear.
• Trial, pre-trial conference, or evidentiary hearing on the calendar.
• Filing deadline that requires admitted counsel (an opposition due date, a cross-motion filing deadline).
• Emergency injunctive relief or other time-critical relief the applicant attorney will prosecute.

The common thread is that a concrete date exists on the court calendar (or a statute-of-limitations or rule-based deadline) that requires admitted counsel. An applicant attorney who simply wants faster admission without a triggering event is unlikely to get the OSC signed.

What the OSC Package Looks Like

A pro hac vice OSC in New York typically includes:

• The Order to Show Cause itself. Identifies the parties, states the relief sought (admission pro hac vice), proposes a short return date, and directs service on adverse counsel (method, timing). The judge signs the OSC after review.
• Affidavit of the applicant attorney. Sworn statement covering bar admissions, disciplinary history, prior pro hac vice admissions in New York, and the applicant's qualifications. Same affidavit you would file on a regular notice motion.
• Certificate of Good Standing from each jurisdiction. Must be dated within 30 days of the verification of the motion. See the 30-day rule guide.
• Affirmation of local counsel. The New York attorney acting as local counsel submits an affirmation explaining the need for admission, describing the upcoming event that drives the urgency, and confirming local counsel's willingness to serve as attorney of record.
• Proposed order granting admission. Separate from the OSC, the proposed order is what the judge signs if the motion is granted on the return date.
• Filing fee. Pay the fee at the time of filing. Judges do not sign OSCs with outstanding fee issues.

The substance of the motion is the same as a regular pro hac vice motion. The OSC wrapper is what gets the matter in front of the judge quickly.

How Judges Approach Pro Hac Vice OSCs

Most judges sign pro hac vice OSCs where the supporting papers are complete and the urgency is clear. These motions are rarely opposed and rarely present a serious legal question. Judges understand that out-of-state counsel sometimes get retained late in a case and need to get admitted quickly to handle an upcoming event.

What draws a denial or a rewrite is sloppy presentation: a stale Certificate of Good Standing, a vague explanation of urgency, a proposed return date that is unreasonably short, or missing service directions. Judges who see pro hac vice OSCs regularly will sign them on the same day when the package is clean.

Each New York Supreme Court part has its own submission procedures. Some accept OSCs for review through NYSCEF, others require physical delivery of courtesy copies to chambers. Individual Part Rules control. Local counsel who has been in the part before will know the mechanics.

Service and Return Date

The OSC will state how and when adverse counsel must be served and the return date on which the motion will be heard. Typical terms:

• Service by email on adverse counsel, often within 24 to 48 hours of the OSC being signed.
• Return date typically one to two weeks out, though faster return dates are granted when the underlying urgency requires it.
• Any opposition typically due a set number of days before the return date.

Comply with the service directions exactly. Adverse counsel who did not receive proper service can raise it on the return date and cost you the motion.

Federal vs State Practice

In SDNY and EDNY, the urgency mechanism is different. Federal judges often sign pro hac vice motions within hours of filing in the ordinary course, so an OSC wrapper is usually unnecessary. Where further urgency is needed, a letter to the assigned judge noting the upcoming deadline and requesting expedited consideration is typically enough. Federal judges respond quickly to specific, well-documented urgency.

In New York State Supreme Court, the normal timeline runs in weeks, so OSC is the practical tool for compressing the process. The substance of the rules is the same; the procedural path is different.

Related: Pro Hac Vice Overview · PHV Timing Guide · PHV Application Guide · CGS 30-Day Rule · PHV in SDNY and EDNY · PHV Cost

This article is general information, not legal advice. Practice varies by judge. Confirm the specific part's submission procedures before filing. Attorney advertising.