In Nebraska Section 3-106 governs Nebraska pro hac vice admission. An attorney admitted under pro hac vice can practice in the state before any local board, state court, or governmental admin agency in the state. They will also be admitted if there is a transfer of venue or an appeal. The court can revoke their Nebraska pro hac vice admission at any time if it has jurisdiction.
Eligibility under Pro Hac Vice
Attorneys must be:
- In good standing in all other jurisdictions where admitted
- Of good moral character
- Cannot be residents of the state of Nebraska
- Cannot be considered substantially involved with professional or business activities in Nebraska
To be admitted under Nebraska pro hac vice rules, attorneys attempting to get admitted must be associated with an already admitted attorney that is in good standing of the state bar. The local Nebraska lawyer must also have their name and bar number on all orders, notices, pleadings, or documentation associated with the court and the case. They may also have to participate in certain pretrial proceedings. The local Nebraska lawyer will also be jointly reliable for any bad conduct engaged in by the non admitted attorney.
Pro Hac Vice Application
The ability for an attorney to be admitted to a state based on pro hac vice is wholly dependent on the discretion of the ruling board, court or government admin agency. Usually an attorney in good standing and licensed in another state will be able to obtain Nebraska pro hac vice on a temporary status if they follow the application procedures as required.
A non admitted attorney must file an original and a copy of their application with the state bar they are seeking admittance. This includes a certificate from a state bar of which the attorney is currently admitted indicating they are in good standing and when they were licensed in that state. Of course, the attorney must also pay a fee equal to what active members currently pay in, however it can be waived if the representation is based on a pro bono purpose.