The clock is ticking for any in-house counsel employed in Nebraska who aren’t registered with the Nebraska Supreme Court.

Attorneys must register as in-house counsel – without exception – after the court adopted an amendment to its in-house counsel rules to clarify that everyone is subject to registration.

Carole McMahon-Boies, administrator of the court’s Attorney Services Division, said registration is mandatory so attorneys who practice law in the state can be subject to disciplinary action.

Although Nebraska has had in-house counsel rules since 2013, it struggled to enforce them because of a lack of a centralized registry.

Some attorneys believed they were exempt, resulting in under-reporting, McMahon-Boies said. The new rules are “crystal clear” that there aren’t any exemptions.

The amended in-house counsel rules were adopted Dec. 18 and go into effect Jan. 1.

McMahon-Boies said that the court is trying to get out the word so attorneys who are impacted can get registered.

A safe harbor provision gives attorneys 90 days to register, but they can face disciplinary action if they fail to do so. The requirement applies to attorneys who are located or practicing in Nebraska.

“If the company locates you in Nebraska, even if you’re doing stuff elsewhere, you have to be registered here,” McMahon-Boies said. “As a new person, when you get here, you need to be registered.”

The court is adding registration to the online licensure payment portal, although that won’t be available for about another week.

A registration form is available from the Attorney Services Division that can be mailed with payment for attorneys who don’t want to use or wait for the forthcoming online registration form.

Find additional information on registering at bit.ly/2sq66ly. Find the complete language of the amended rules at bit.ly/37dvvgZ.

Nebraska Court Rule Proposed for Remand of Removed Actions

The Nebraska Supreme Court Committee on Practice and Procedure has proposed a new rule for cases remanded to a Nebraska district court by a federal court.

The rule, entitled “Remand of removed actions,” would be codified as Neb. Ct. R. § 6-1527. The rule is up for a public comment period through Feb. 3, 2020.

Among the proposed provisions is a requirement that defendants file a record of the federal court case with the district court within 14 days of a remand order.

The proposed rule requires a conference to discuss which documents to include in the record.

In addition, the proposed rule also details pagination and formatting of the record. It also provides for the plaintiff to file a supplemental record.

The proposal also discusses pleadings and motions as well as discovery following a case being remanded to a district court.

Find the full proposed rule language at bit.ly/37dvvgZ.

Iowa Now Seeking Comments on Case Processing Time Standards

The Iowa State Court Administration is recommending new case processing time standards for Iowa district courts.

The proposal is consistent with the model time standards for state courts recommended by the National Center for State Courts.

Iowa’s case processing time standards are stated in terms of the length of time from filing to “commencement of trial,” but the vast majority of cases do not go to trial. The proposal would move Iowa to use “disposition” instead, providing clearer guidance.

The Iowa Judicial Council endorsed the proposed time standards in November. Public comments are being accepted through 4:30 p.m. on Feb. 20, 2020.

The request for comment can be found the Supreme Court’s website, iowacourts.gov/iowa-courts/supreme-court/orders.

Fourth District Court Adds Rule for Its Domestic Relations Cases

The Nebraska Supreme Court recently approved an amendment to the Rules of the District Court for the Fourth Judicial District.

The change adds a requirement for a 30-day time for appeal to pass before any post-decree proceedings can be reassigned for domestic relations cases.

The amendment to Rule 4.3 was adopted on Dec. 18.

Find the full rule amendment language at bit.ly/2t7pT9v.