Strategies, Challenges, and Answers

Nevada’s Pro Hac Vice Rules Are Stricter Than Most

BLWMDo you have a civil matter that needs to be litigated in Nevada but you do not have the time or patience to study for and sit through a three day bar exam?  Mike Mills of Bauman, Loewe, Witt & Maxwell provides the solution! Nevada does not admit attorneys to practice based on reciprocity with any foreign states.  See Nevada Supreme Court Rule 42(15).  However, pro hac vice admissions are available.  Mike Mills has experience serving as local counsel in civil actions for many out-of-state firms in both the state and federal courts.

In state court matters, the process is governed by Nevada Supreme Court Rule 42.  No appearance may be made by out of state counsel until admission is granted.  This requires filing an application with the State Bar of Nevada accompanied by a certificate of good standing from the home state.  The application and certificate of good standing must be filed with a non-refundable application fee of $550.  Download a copy of the SCR 42 Pro Hac Vice Application here.  The State Bar of Nevada will then serve upon the local Nevada counsel associated with the applicant a statement whether the applicant has made any previous appearances in Nevada in the last three years.  The Nevada lawyer must then file a Motion where the proceeding is pending attaching the application, certificate of good standing and the state bar statement approving the association as exhibits.  Here is a copy of the Pro Hac Vice Sample Motion to Associate

Before the motion may be granted, the Nevada attorney must appear as attorney of record and consent in writing to the association.  Absent a showing of good cause, more than five appearances by an out-of-state counsel in a three year period won’t be allowed.  A $500 renewal fee must be paid to the State Bar of Nevada on the anniversary date of the filing of the verified petition if the matter is not resolved within one year.  Link here for a copy of the Pro Hac Vice Sample Order Admitting you to practice in Nevada.

Keep in mind that under the Rules the Nevada attorney must be closely involved with the process.  The Nevada attorney must actively participate in the representation of the client.  SCR (14)(a).  The Nevada attorney of record must appear at all motions, pre-trials or any matter in open court.  SCR (14)(b).  Local rules reiterate such requirements.  Eighth Judicial District Court Rule 7.44(b).

Admission to practice before the U.S. District Court for the District of Nevada is governed by Local Rule 1A 11-2.  The attorney seeking admission for this limited purpose may not reside in or be regularly employed in the State of Nevada.  The petition must be downloaded from the Clerk of the Court and be accompanied by a certificate of good standing from the home state.  Currently the filing fee in the federal courts is $250.  Download a copy of verified petition HERE.  An attorney so admitted must associate with a Nevada attorney who will have the authority to sign binding stipulations.  As in state court, the out-of-state attorney is limited to five appearances in a three year period before the District Court.

If you have questions about pro hac vice admissions in Nevada, please contact Mike Mills at Bauman, Loewe, Witt & Maxwell at 702-240-6060 for a consultation.

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Michael Mills About Michael Mills

Mr. Mills practices in the area of civil litigation and appeals, with particular experience in matters involving trucking liability, insurance defense, insurance coverage, premises liability, products liability and defense of personal injury. Mr. Mills is a member of the Trucking Insurance Defense Association, the Defense Research Institute Trucking Committee and the Nevada Motor Transport Association. Mr. Mills is licensed to practice before the Nevada Supreme Court and the Utah Supreme Court. He is also licensed to appear before the United States Supreme Court, the U.S. District Courts for the Districts of Nevada and Utah, as well as the U.S. Court of Appeals for the Ninth Circuit. Mr. Mills has created 3 Blogs for the benefit of the insurance industry. He serves as editor and publisher of the Nevada Insurance Law Blog, the Nevada Coverage and Bad Faith Blog and the Nevada Trucking Law Blog.

 
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