An out-of-state attorney may not appear in a Nevada state court case without the court’s permission. Obtaining such permission requires a two step process. First, the attorney submits a completed Verified Application for Association of Counsel Under Nevada Supreme Court Rule 42 to the Nevada State Bar together with the attorney’s certificate(s) of good standing, and requests a Statement from the Nevada State Bar. Second, after receiving the requested Statement, the attorney’s local counsel files with the state court or administrative agency a Motion to Associate Counsel. The Motion to Associate Counsel includes a copy of the foregoing verified application, State Bar of Nevada Statement, and the attorney’s certificate(s) of good standing. The State Bar of Nevada Supreme publishes a form SCR 42 Pro Hac Vice Application.
To apply for permission, the out-of-state attorney must meet the following conditions:
(a) The lawyer is not a member of the State Bar of Nevada;
(b) The lawyer is not a resident of the State of Nevada;
(c) The lawyer is not regularly employed in the State of Nevada;
(d) The lawyer is not engaged in substantial business, professional, or other activities in the State of Nevada;
(e) The lawyer is a member in good standing and eligible to practice before the bar of any jurisdiction of the United States; and
(f) The lawyer associates an active member in good standing of the State Bar of Nevada as counsel of record in the action or proceeding.
The granting or denial of a motion to associate counsel under SCR 42 rule is discretionary. And The court, arbitrator, mediator, or administrative or governmental hearing officer may revoke the authority of the person permitted to appear as counsel under SCR 42 to make continued pro hac vice appearances. SCR 42(6).
During the proceeding, the out-of-state attorney must renew his or her pro hac vice admission annually by paying the applicable fee to the State Bar of Nevada. SCR 42(9).
SCR 42(16) states that “[t]he Nevada attorney of record shall be responsible for and actively participate in the representation of a client in any proceeding that is subject to this rule.” In addition, “[t]he Nevada attorney of record shall be present at all motions, pre-trials, or any matters in open court unless otherwise ordered by the court.”