(A) It is the intent of the Nebraska Supreme Court that where possible and when technology is available, exhibits used as evidence at trial and other evidentiary proceedings in the State of Nebraska shall be submitted, offered, viewed, presented, published, and stored in electronic format.

   (B) The Nebraska Supreme Court hereby creates and authorizes the official Nebraska Electronic Exhibits System for use by parties, court staff, and judges to stage, submit, mark, offer, receive, and store electronic exhibits for use in trial and other evidentiary proceedings. No other platform, website, application, or portal may be referred to as the Electronic Exhibits System (E-Exhibits System). This rule recognizes that some Nebraska trial courts are receiving, offering, viewing, presenting, publishing, and storing exhibits in electronic format. This interim rule does not prohibit those courts from using other electronic means to facilitate the use of electronic exhibits.

   (C) Scope. The E-Exhibits System is limited to Nebraska trial courts and is not available, nor do these rules apply, to any board, commission, quasi-judicial entity, or the Nebraska Workers’ Compensation Court.

§ 2-301 adopted September 26, 2023.

   Use of the E-Exhibits System in evidentiary and trial proceedings is limited to a pilot project beginning on the date of adoption of this rule, in trial courts where the technology is available, and as authorized by the Nebraska Supreme Court. A schedule shall be implemented by the Administrative Office of the Courts and Probation and shall inform the public of the trial courts where the E-Exhibits System may be used.

§ 2-302 adopted September 26, 2023.

   (A) Child Pornography. Use of the E-Exhibits System is strictly prohibited where any proposed exhibit falls within Neb. Rev. Stat. § 27-1301. Such evidence and exhibits shall be controlled by the provisions of Neb. Ct. R. § 6-1801 et seq.

   (B) Use of the E-Exhibits System in trial and other evidentiary proceedings when authorized by the Nebraska Supreme Court is left to the discretion of the trial judge for specific use in specific cases.

§ 2-303 adopted September 26, 2023.

   (A) The parties, court staff, and judge shall be provided with specific training, instructions, and access to the E-Exhibits System when an authorized court is allowed to use the E-Exhibits System.

   (B) The authorized court shall notify all parties prior to requiring use of the E-Exhibits System in any evidentiary proceeding or trial. Any objection to the use shall be heard and considered by the judge, taking into account access to equipment, internet capabilities, lack of technical expertise, and the interests of justice.

   (C) An authorized court may require parties to provide paper or other physical media copies of exhibits simultaneously with use of the E-Exhibits System.

   (D) The authorized court at any time during a trial or evidentiary proceeding may halt the required use of the E-Exhibits System for malfunction, for lack of sufficient internet or other technology, or when halting the use serves the interests of justice.

§ 2-304 adopted September 26, 2023.