Rule 42 of the Nevada Supreme Court Rules provides the rule regarding admission for attorneys licensed in other jurisdictions who are seeking pro hac vice admission to a Nevada court or administrative agency.
Eligibility
Pro hac vice admission is required for the following proceedings:
- All actions or proceedings pending before a Nevada court.
- All actions or proceedings pending before an administrative agency or government body in Nevada, unless the government body provides otherwise.
- All arbitration, mediation, or alternative dispute resolution procedures in Nevada that are court annexed or court ordered, or that are mandated by statute or administrative rule.
- All services incident to the above proceedings including, but not limited to, discovery and settlement negotiations.
The rule does not apply to arbitration, mediation, or alternative dispute resolution procedures in which the parties engage voluntarily or by private agreement.
Eligible attorneys cannot be members of the Nevada Bar, cannot reside in Nevada, and cannot be regularly employed in Nevada. Attorneys also cannot be engaged in substantial business, professional, or other activities in Nevada. Attorneys must also be members in good standing and eligible to practice before any United States jurisdiction.
Practice
Attorneys are required to associate with a Nevada Bar member who is in good standing and who is counsel of record in the matter. The Nevada lawyer is responsible for, and must actively participate in, the representation of a client. He or she must be present at all motions, pre-trials, or any matter in open court, unless otherwise excused by the tribunal. The Nevada lawyer is responsible for the administration of the proceeding and for complying with all local and Nevada rules of practice.
Attorneys cannot appear until the tribunal enters an order granting the motion to associate. Once the motion is granted, the attorney is deemed admitted in the event venue is transferred or the action is appealed. The new tribunal may revoke the attorney’s authority to appear.
Attorneys are subject to the jurisdiction of the courts and disciplinary boards of Nevada.
Application
Attorneys are required to file the following with the State Bar of Nevada in the Las Vegas office:
- An original and one copy of the Verified Petition.
- A certificate from the state bar, the Clerk the Supreme Court, or the highest admitted court of each jurisdiction where the attorney is admitted certifying the attorney’s membership (Certificate of Good Standing).
- A nonrefundable $500 fee or an application for a fee waiver. The fee may be waived for pro bono services in a death penalty habeas corpus case or similar representation.
The State Bar of Nevada will serve a statement on the local Nevada lawyer relating to information about the out-of-state attorney’s previous pro hac vice applications and copies of the application.
The local Nevada lawyer will then file a motion with the tribunal with the proper proofs of service. The motion includes the original verified application, the original certificates of good standing, and the Nevada State Bar statement. The motion should also include a proposed order. The Nevada lawyer must serve a copy of the motion and any order, either granting or denying the motion, to the State Bar of Nevada.
Before the motion can be granted, the Nevada lawyer will appear as attorney of record and consent in writing to the association. The tribunal may grant or deny the pro hac vice motion in its discretion.
Absent special circumstances and a showing of good cause, repeated appearances by any person or firm may be cause for denial. More than five appearances during a three-year period is excessive use. The tribunal will only grant more than five appearances as a rare exception and under truly extraordinary circumstances. The cour t will send copies of all such orders to the State Bar of Nevada and the Clerk of the Nevada Supreme Court.
Renewal
On or before the anniversary date of the filing of the verified petition, the Nevada lawyer is required to certify that the out-of-state attorney continues to act as counsel or the cause has been adjudicated. There is a renewal fee of $500 if the case is still pending. The fee must be paid within 30 days of the anniversary date. Failing to pay the fee results in suspension from appearing. The Nevada State Bar will notify the out-of-state attorney, Nevada lawyer, and the tribunal of the suspension and will file a copy with the Nevada Supreme Court. Attorneys may be reinstated by paying the fee and a $50 late penalty fee.