On November 10, 2021, the Nebraska Supreme Court approved a new “Court Reporting Personnel Per-Page Fee Schedule” that will go into effect on January 1, 2022. The fee schedule will be reviewed annually and provides fees for preparing bills of exceptions, transcript of proceedings, expedited and rough drafts of transcript of proceedings, realtime feeds, and duplicating documentary and media exhibits. See the new fee schedule HERE.

Supreme Court Rules Modernization - Various Technical Rule Amendments

On June 9, 2021, the Supreme Court adopted rule amendments as part of the Modernization Rules Project. On November 17, the Supreme Court adopted technical amendments to the previously adopted rules. A summary of and link to the rules amended:

• § 2-103. Clarifies the form and formatting requirements for bills of exceptions are found in § 2-105.01.
• § 2-105. Clarifies if the party requesting the bill of exceptions fails to make the required deposit of the estimated cost, the clerk of the trial court will notify the Clerk of the Supreme Court and the court reporting personnel.
• § 2-105.01.
  • Clarifies the bill of exceptions shall be in a converted PDF (fully text searchable), rather than a scanned image PDF format.
  • Provides preferred fonts shall be Century or Century Schoolbook. Other allowed fonts are Times New Roman, Baskerville Old Face, Book Antigua, or Palatino.
  • Changes the volume for the bill of exceptions to “not to exceed 50 MB.”
  • Clarifies the certificate of the court reporting personnel will be the last page of the in the bill of exceptions and “shall not be found in any exhibits volumes, whether documentary or media.
  • Clarifies any request for preparation of a bill of exceptions or supplemental bill of exceptions filed after January 1, 2022, shall be governed by the new rules regardless if the matter was held, heard, or determined prior to January 1, 2022.
• §2-105.02. Changes volume size for exhibits to “not to exceed 50 MB.” At this time media exhibits will need to be physically delivered to the clerk of the court. However, the amendment deletes the word “physically” to allow the exhibits to be delivered in person, mailed or electronically transmitted, when the technology is available. 
• § 2-203. Adds language clarifying those non-attorney users required to electronically file and serve all documents and electronically receive notice from the court will only have to do so “when the technology is available.” Adds mediation centers and online resolution platforms approved by the Supreme Court as a non-attorney user who will be required to electronically file when the technology is available.
• § 2-210. Adds language that prohibits a filer from requesting multiple documents be sealed in a single motion. The filer must file a separate motion for each document or information the filer wants sealed.
• § 6-1408. Clarifies the format of paper pleadings filed by self-represented litigants (e.g. § 2-103(A) formatting requirements; paper clipped; sequentially numbered on the bottom center of the page; and exhibits must be similarly prepared, readable, and not subject to unusual fading or deterioration).
• § 6-1451. Clarifies confidential or sealed records shall not be available for inspection at the clerk of the trial court’s computer terminal. The only way these can be viewed is with court permission. Provides the clerk shall not provide a paper copy of a transcript or bill of exceptions, unless the requestor pays for a copy “at the prescribed rate for copies.”
• §§ 6-1452, 6-1464, 6-1466, 6-1468. Harmonizing changes to be consistent with other rules and rule amendments.
• §§ 6-1503, 6-1510, 6-1520, 6-1521, 6-1524, 6-1525. Harmonizing changes to be consistent with other rules and rule amendments. 
• §§ 6-1701, 6-1704. Harmonizing changes to be consistent with other rules and rule amendments.