Does an out-of-state lawyer have to be admitted PHV to take a deposition in North Carolina for a case that is filed in a state where the lawyer is licensed?
No, assuming that a subpoena from a North Carolina court does not have to be issued to compel the witness to appear. Rule 5.5(c)(2)(B) of the North Carolina Rules of Professional Conduct provides that a lawyer admitted to practice in another jurisdiction, but not in North Carolina, does not engage in the unauthorized practice of law in North Carolina if the lawyer acts with respect to a matter that arises out of or is otherwise reasonably related to the lawyer’s representation of a client in a jurisdiction in which the lawyer is admitted to practice. If a subpoena from a North Carolina court is necessary to compel the witness to appear, the out-of-state lawyer should contact the clerk of court for the North Carolina judicial district in which the deposition will take place for instructions on how to obtain a subpoena. If the judicial district requires an action to be filed in North Carolina and the entry of a PHV order, the sponsoring North Carolina lawyer must register with the State
Related Questions
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