Nevada Supreme Court Rule 42 governs Nevada pro hac vice admission for attorneys that are seeking admission. An attorney admitted under pro hate 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 Nevada pro hac vice admission at any time if it has jurisdiction.
Eligibility Under Nevada Pro Hac Vice
Nevada Pro Hac Vice admission is required for all of the following:
- Cases brought before a Nevada court
- Cases brought before a governing agency in Nevada
- Mediaton, arbitration, and other dispute resolution hearings that are issued by a court to be done in the state of Nevada (unless they were contracted voluntarily)
- Discover and settlement negotiations involving the State of Nevada or any of its constitutes.
Attorneys must be:
- In good standing in all other jurisdictions where admitted
- Of good moral character
- Cannot be residents of the state of Nevada
- Cannot be considered substantially involved with professional or business activities in Nevada
To be admitted under Nevada 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 Nevada 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 Nevada lawyer will also be jointly reliable for any bad conduct engaged in by the non admitted attorney. Attorneys practicing based on Nevada pro hac vice cannot begin to appear in court until the court approves. Once the motion for the attorney to be admitted is approved if the case is transferred under venue rules or there is an appeal the new court can still revoke the attorneys ability to appear, unless the original court had proper jurisdiction.
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 Nevada pro hac vice on a temporary status if they follow the application procedures as required. In addition, if the Nevada pro hac vice attorney wishes to renew their standing they must, with the consent of the Nevada associated lawyer pay the $500 renewal fee to the court clerk within 30 days of their expiration of their ability to practice in Nevada. Failure to do so will require the out-of-state attorney to be suspended from practicing until the fee (plus a late penalty fee of $50) and a new application has been submitted.
Local Attorney's Motion
Once an application is complete, the local lawyer will be notified. The local lawyer can now file a motion within the court indicating that they recommend the nonresident attorney for Nevada pro hac vice admission. The court will respond within 20 business days of the motion being filed. The pro hac vice admission is valid for a year and may be renewed for one year increments. Further fees will also generally be required. The motion generally will include the following as exhibits for the courts further review:
- The completed application
- All certificates of good standing
- Evidence of licensure
- Date of licensure
- Notice of a complete application
- Appearance by the associated Nevada lawyer that he consents to the association with the out-of-state attorney.
It is important to not in Nevada, a court will only grant up to 5 appearances within a 3 year period, unless the court deems the situation at hand to involve an extraordinary circumstance.