Yes — Nebraska permits carryover of excess CLE credits, but under specific limits and conditions.
Under Nebraska Supreme Court Rule 3-401.4, attorneys may carry over excess hours, but professional responsibility (ethics) credits cannot carry over.
Details & nuances
- For CLE credits earned on or before December 31, 2023: only in-person credits in excess of the 10-hour requirement could carry over, up to a maximum of 5 hours, and ethics credits were excluded. (§ 3-401.4(C))
- Effective January 1, 2024 and thereafter: attorneys may carry over excess CLE credits (in-person or distance learning), so long as carryover does not exceed the next year’s full requirement (10 hours). (§ 3-401.4(D))
- Carried credits must retain their original class type (in-person or distance learning). (§ 3-401.4(D))
- Ethics (professional responsibility) credits remain an annual requirement and do not roll over. (§ 3-401.4(C), (D))
- A rule change announcement by the Nebraska State Bar emphasizes that up to 10 hours may be carried over (post-2024), including up to 5 hours of distance learning (subject to limitations).
Key Takeaway
Nebraska allows carryover of excess CLE credits (excluding ethics) under a cap: historically up to 5 in-person hours, but from 2024 forward up to the full 10-hour requirement (with class-type retention) may be carried into the next year.