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Tuesday, May 12, 2015

Ind. Decisions - Supreme Court issues third opinion today, re pro hac vice admissions

In YTC Dream Homes, Inc., et al. v. DirectBuy, Inc., et al., a 3-page per curiam opinion that concludes:

As the trial court correctly recognized, “temporary admission of an out-of-state lawyer pursuant to Admission and Discipline Rule 3(2) is within the discretion of the trial court.” State ex rel. Indiana Supreme Court Disciplinary Comm’n v. Farmer, 978 N.E.2d 409, 414 (Ind. 2012) (citing Matter of Fieger, 887 N.E.2d 87, 90 (Ind. 2008) (per curiam)). See Admis. Disc. R. 3(2)(a). We agree with the Court of Appeals’ conclusion that Local Rule 5(C) does not create a presumption against pro hac vice admissions. YTC Dream Homes, 18 N.E.3d at 649. The local rule cannot vitiate the trial court’s discretion to find good cause for temporary admission under Admission and Discipline Rule 3(2).

Accordingly, we reverse and remand to the trial court with instructions to determine, without restriction by local rule and within the discretion granted by Indiana Admission and Discipline Rule 3(2), whether good cause exists for the admission of the Attorneys. We summarily affirm that part of the Court of Appeals opinion addressing the meaning of the “good cause” requirements of Admission and Discipline Rule 3(2). See App. R. 58(A)(2).

Posted by Marcia Oddi on May 12, 2015 05:15 PM
Posted to Ind. Sup.Ct. Decisions