These rules for the district court of the First Judicial District shall become effective upon approval by the Supreme Court and publication in the Nebraska Advance Sheets and shall supplement the Uniform District Court Rules of Practice and Procedure adopted by the Supreme Court. 

Adopted effective September 29, 1995.

   Terms of the Court may be set by the judge in each County. Counsel should contact the Bailiff or Clerk of the District Court in each County to ascertain said terms. 

Adopted effective September 29, 1995; amended September 21, 2005. 

   In addition to the requirements set forth in Neb. Rev. Stat. § 25-1148 (Reissue 2016), a Motion for Continuance shall set forth whether the opposing party has an objection. If the opposing party does not object to the continuance, the party filing the motion shall be responsible for arranging, as soon as practical, a new date and time with all opposing parties and the Court. If the opposing party does object, it is the responsibility of the party filing the motion to set the motion for a continuance hearing. Except for exigent circumstances, a motion for a continuance shall be made at least three (3) working days prior to the hearing for which the continuance is requested.

Adopted effective September 29, 1995; amended September 21, 2005; amended October 20, 2021.

   It shall be the duty of the party directed by the Court to promptly prepare a proper journal entry, order, judgment, or decree. The proposed journal entry shall be submitted to opposing counsel for approval as to form and submitted to the Court for its signature within ten (10) days after entry of the decision or order.

Adopted effective September 29, 1995; amended September 21, 2005.

   A. Property Statements: Where the action involves a division of property by the Court, each party shall prepare a property statement setting forth assets, liabilities, and any other information concerning property germane to the case at bar. The party filing the action shall have sixty (60) days from the date of filing to prepare, furnishing a copy to the opposing party. The responding party shall then complete the property statement by adding to it any additional property and that party's estimates of value of all property listed. The responding party's additions shall be served upon the initiating party within thirty (30) days after the receipt of the initial statement. The property statements shall be in the format of Exhibit A attached hereto. When property division is contested at final hearing, the parties shall prepare a joint property statement for use as an exhibit and provide said joint property statement to the Court in the format of an Excel spreadsheet at least ten (10) days prior to the final hearing. Either party may receive an extension of time for filing or completing property statements on written motion and good cause shown. Except by agreement of the parties or order of the Court, amendments to the property statement shall not be permitted unless filed at least ten (10) days prior to trial. Property Statements shall not be filed with the Court but proof of service shall be filed. Failure to provide the Court with a joint property statement ten (10) days prior to the final hearing may result in cancellation or postponement of the final hearing at the discretion of the judge.

   B. Temporary Hearing: Unless otherwise ordered, temporary applications shall be governed by Neb. Ct. R. § 6-1504. Except where a party appears pro se and live testimony is required, or unless otherwise ordered, evidence shall be submitted by affidavits, which shall be exchanged by the parties at least forty-eight (48) hours prior to the hearing. Responsive affidavits shall be exchanged at least twenty-four (24) hours prior to the hearing. Except for good cause shown, no more than five (5) affidavits totaling no more than fifty (50) affidavit pages (including exhibits attached thereto), will be considered by the Court at the time of the temporary hearing.

   C. Ex Parte Custody Orders: No ex parte order shall be entered in a domestic relations case without one (1) or more supporting affidavits from a party or his or her witnesses. Except for good cause shown, no ex parte temporary order shall be entered in a pending case if the opposing party is represented by counsel or a guardian ad litem/attorney for minor(s) has been appointed. If an ex parte order is issued, it shall be served upon the opposing party or counsel forthwith, and a temporary hearing shall be held forthwith.

   D. Contested Custody: If an issue concerning custody of a minor child exists, the Court may appoint a guardian ad litem/attorney for the minor(s). In such event, the Court will order an initial deposit of fees to be paid by the parties into the Court within a specified time period. If no time period is specified by the Court, it shall be 20 days. Initial fees shall be allocated between the parties in the discretion of the Court, subject to modification and the assessment of additional fees at the time of the final hearing. Those claiming indigent status may apply to the Court for a waiver of such fee assessment. Such an application must be accompanied by an affidavit establishing poverty. When a guardian ad litem/attorney for the minor child makes application for payment of fees in a case involving a claim of indigence, copies of the fee application and notice of hearing shall be served upon the County Attorney, who may appear at the hearing to object to payment of the same.

   E. Final Hearings/Pretrial Conferences: Final hearings in all dissolution cases shall be set for fifteen (15) minutes uncontested hearing. If the case is not settled, the parties shall notify the Bailiff or Clerk for setting of a pretrial. Pretrials may be waived by the Court. No case will be docketed for final hearing or pretrial until at least both parties have prepared a property statement or the Court waives such preparation for good cause.

   F. No document filed in the public record of a case shall have complete vehicle identification numbers, account numbers, Social Security numbers, dates of birth, or other personal identification information. Real estate shall be described by legal description as opposed to street address.

   G. Leaving the State: Every order for child custody, temporary or permanent, shall contain language substantially as follows:

   A party exercising custody of a minor child is ordered not to move the child outside the State of Nebraska. Anyone intending such a move must first:

   (1) Make written application to the Court; and

   (2) Give notice of the application and hearing to the other party as required by law.

   H. Reduction in Support for Periods of Parenting Time: Whenever a temporary or permanent child support order provides for a reduction in child support while a non-custodial parent has possession of the child or children, the following procedure shall be utilized:

   (1) The order shall clearly state the time period and percentage that the non-custodial parent's child support obligation shall be reduced.

   (2) The reduction shall be automatically deducted unless the custodial parent submits an affidavit within thirty (30) days after the child or children return to him or her stating that the non-custodial parent was not in the possession of the child or children for the requisite time period. If such an affidavit is filed, a hearing shall be held to determine whether the reduction shall be allowed.

   (3) Failure of the custodial parent to file such an affidavit within thirty (30) days shall constitute a waiver of objection to the reduction of child support.

   I. Rule for Mediation in Domestic Relations Cases:

   1. Parties to domestic-relations matters involving children are required to attend the District Court parent education program required by the court within sixty (60) days from receipt of service of process. This includes filing for dissolution of marriage and determination-of-paternity cases, which involve issues of custody and/or visitation. Effective on January 1, 2008, motions to compel existing orders which involve parenting issues, applications to modify decrees of dissolution which involve parenting issues, and applications to modify decrees of paternity which involve parenting issues shall be subject to the requirements of this rule, and both parents are required to attend the parent education program.

   If the court deems it advisable, the parties may be required to complete a second level parenting class or the children of the parties may be referred to a class.

   On or after July 1, 2010, all parties who have not submitted a parenting plan to the court within the time specified by the court shall be required to meet and participate in mediation services or another assigned mediator to complete a parenting plan or visitation schedule, including child custody, visitation, grandparent visitation, and any other issues relating to the children that may be susceptible to mediation. All parties are required to attend the parent education seminar and mediation, if appropriate. Scheduling of a final hearing may be delayed up to six (6) months if such is not completed. It is further provided that, notwithstanding the language in this paragraph, domestic-violence issues may, upon consideration by the trial court, disqualify the parties from mediation.

   On or after July 1, 2010, a party may not terminate mediation until after an individual initial screening session and one mediation or specialized alternative dispute resolution session are held.

   Parties or counsel are required to notify the local Mediation Services Office of any request for delay in assignment of a mediator if the parties and counsel are attempting to negotiate a parenting plan agreement, which agreement shall be required to comply with the parenting plan checklist. In the event there is failure to request a delay of mediator assignment, a mediator shall be assigned pursuant to this rule.

   2. The Court shall prepare an order, for distribution by the District Court Clerk, advising the filing parties and their attorneys that attendance at an approved parenting seminar is mandatory and must be completed within six months (6) from the filing of the complaint. The order shall also advise the parties and counsel: (1) the parenting plans and visitation schedules may be referred for mediation; (2) that the trial date may be delayed until attendance at the required parent education seminar has been completed, and if required, mediation to resolve custody and/or visitation issues has been attempted; (3) that failure or refusal to participate by a party shall not delay entry of a final judgment by more than six (6) months; and (4) that domestic-violence issues may, upon consideration by the trial court, disqualify the parties from mediation. The District Court Clerk shall include this order with the filing and service packets distributed by the clerk.

   3. Prior to participation in the program, qualified mediators will be required to attend an orientation session, which will be conducted by the Court, to review the mediation procedures, as well as the parenting plan checklist. Each participating mediator must be willing to agree to the court requirements for participation, and each mediator will be asked to sign a statement indicating acknowledgment and acceptance of the requirements.

   4. When a judge refers a case for mediation, the judge will indicate the issues to be mediated, as well as any choice of a mediator if the judge has a preference. The judge may also indicate whether there is a particular mediator whom the judge does not wish to use. The attorneys for the parties may also mutually agree upon the choice of a mediator and may indicate whether they wish the parties to mediate any issues other than custody and parenting or visitation plans. If financial issues are to be mediated, the case may be assigned to an attorney mediator.

   5. The attorneys will be requested to bring the parties to a local Mediation Service Office forthwith or to immediately provide the local Mediation Service Office with all necessary client information, so the staff can confer with the parties and their attorneys, and can discuss selection of a mediator. Unless a specific mediator has been requested, the next mediator appropriate to the parties and their needs will be assigned from the rotating list, and the Mediation Services Director will contact the mediator to confirm the mediator, who must advise the Mediation Services Director within ten (10) days of receipt of the paperwork of the date for the parties first appointment. The local Mediation Services Office will attempt to screen each case for domestic violence, which would disqualify the parties from mediation, but the individual mediator may also refuse to mediate a case if the mediator determines that it would be inappropriate.

   6.a. If the parties reach an agreement through mediation, the agreement shall be reduced to writing. Copies shall be provided by the mediator or local Mediation Service Office to the parties and their attorneys, together with a notice informing the parties and their attorneys of their right to express their objections to the written agreement. The notice shall inform the parties and their attorneys that they have twenty-one (21) days from the date of the notice to notify the mediator or the local Mediation Services Office of any written objections to the terms of the agreement. Such objections shall be specific. All matters not specifically objected to shall be deemed final. If no objections are received within twenty-one (21) days, then the agreement shall automatically be forwarded to the local Mediation Services Office for final processing, pursuant to subsection (c) below.

   If the parties and counsel negotiate a Parenting Plan agreement, which agreements shall comply with the Parenting Plan Checklist, the agreement shall be forwarded to the local Mediation Services Office immediately after signing pursuant to subsection (c) below.

   b. Upon the filing by either party or attorney of objections to the agreement, the mediator shall forthwith schedule a re-mediation session on the disputed issues identified in the objection. The mediator may charge additional fees for the re-mediation session and related expenses. Following re-mediation efforts, the mediator shall forward to the local Mediation Services Office the "re-mediated agreement" which shall recite those issues which remain contested, if any.

   c. Agreements or amended mediation agreements shall be forwarded to the Mediation Services Office, where said agreements shall be reviewed. A copy of the agreement or amended mediation agreement shall be forwarded to the judge to whom the case is assigned and to the court file.

   d. Prior to setting a case for an uncontested final hearing, the parties shall file a copy of the parenting plan with the Court. 

   e. If the parties have not agreed to any of the following: parenting plan, child support calculations, or a property settlement agreement, they should contact the bailiff to schedule further hearings.

   7. The local Mediation Services Office will follow up on the deadlines set by the Court and whether any extensions of time have been granted.

   8. Remediation Clause cases. When the parties are mediating amendments to existing decrees or modification proceedings, they may directly request mediation through their previous mediator or may request re-assignment to a different mediator through the local Mediation Services Office.

   9. The Mediation Committee will be a standing committee of the District Court and will be composed of three (3) district judges, the Mediation Services Director, at least one outside mediator/advisor, and such other persons as the Committee deems necessary. The Chair Judge of Mediation Services will chair this Committee and may be consulted individually, as may be needed by the conciliation and Mediation Services Director, for answers on day-to-day operations of the mediation program.

   10. The Mediation Committee of the District Court may make such other operating rules as may be needed to facilitate the beginning and continuation of this mediation program.

   11. The local Mediation Services Office will be designated by the Mediation Committee of the District Court. A Mediation Services Director will be appointed by the Mediation Committee of the District Court.

   12. Parties that have either terminated mediation unsuccessfully or have been determined to not qualify for mediation services shall have their case set for final trial before the court as soon as possible.

   13. The District Courts encourage the use of waivers of final hearing under Neb. Rev. Stat. 42-361. Approval of waivers is subject to the discretion of the district judge.

Approved September 21, 2005; amended May 7, 2008; amended April 13, 2011; amended October 20, 2021.

   A. Request for remote appearance:

   (1) A matter may be heard by telephonic conference call or videoconference only by permission of the court.

   (2) Telephonic conferences or videoconferences requested by the moving party shall be arranged prior to the filing of the motion, and the motion shall clearly request that the hearing will be held by telephonic conference call or videoconference. Absent exigent circumstances, all remote appearances shall be arranged three (3) business days prior to the hearing, and notice shall be filed by the party requesting the hearing, together with proof of service thereof on all opposing parties.

   B. Any party desiring to present evidence at a hearing must be present in person, unless leave of the Court is granted.

   C. Initiation of Telephonic Conference Call:

   (1) The party requesting the telephonic conference call shall be responsible for initiating the call and shall provide for all expenses of the call.

   (2) The party initiating the call shall utilize appropriate equipment and systems to ensure that all persons participating have adequate quality and volume. If the Court determines that the sound quality or volume is insufficient, the Court may require the party initiating the call to utilize other means to complete the hearing by telephone.

   D. Initiation of Videoconference.

   (1) The Court will initiate the videoconference.

   (2) Invitations to the videoconference shall be sent by e-mail to attorneys of record and any self-represented litigant who has provided an e-mail address to the Court. Invitations may be forwarded to others as needed (e.g., parties, clients, witnesses, etc.).

Adopted effective September 29, 1995; amended September 21, 2005; amended October 20, 2021.

   A. Availability of Counsel During Jury Deliberations: Counsel will be available on short notice personally or by telephone, as ordered by the Court, during jury deliberations in the event of a verdict or a question by the jury. The Bailiff or Clerk should be kept informed of where counsel will be at all times when the jury is deliberating, unless excused by the Court.

   B. Absence of Counsel on Receipt of Verdict: In civil cases, the Court will not deem it necessary that any party or any counsel be present or represented when the jury returns to the courtroom with its verdict.

Adopted effective September 29, 1995; amended September 21, 2005.

   All correspondence with the Court regarding pending litigation shall refer to the subject case by case title, number, and county, and a copy of such correspondence shall be sent to opposing counsel.

Approved September 21, 2005; amended October 20, 2021.

   Unless otherwise directed by the Court, court files may not be checked out.

Approved September 21, 2005.

   As used in these rules, the word "motion" includes applications, special appearances, and all requests for an order from the Court. Unless otherwise authorized by the Court, all motions, except requests for continuances, shall be filed with the Clerk not less than ten (10) working days prior to the hearing. At the time of filing, the moving party shall obtain a date for hearing from the Bailiff or Clerk, depending on local practice, and provide notice to the opposing party.

Approved September 21, 2005.

   Affidavits, depositions, and other proposed exhibits in support of motions shall not be filed with the Clerk unless otherwise ordered by the Court. Nothing in this rule shall prohibit any properly filed pleading from being offered and received into evidence.

Approved September 21, 2005.

   In addition to the requirements of the Uniform District Court Rules, counsel may be permitted to withdraw from a matter upon filing an affidavit which:

   A. recites that the motion to withdraw and notice of hearing has been served upon the client and all parties of record and

   B. provides the client's last known mailing address.

Approved September 21, 2005.

   All stipulations shall be made in open court and recorded by the reporter or reduced to writing and signed by the parties or counsel and filed with the Court.

Approved September 21, 2005.

   All attorneys and parties shall comply with the Uniform District Court Rules regarding courtroom decorum, conduct, and ordinary business attire.

Approved September 21, 2005.

   Both the moving party and opposing party shall submit a brief in support of or opposition to a motion for summary judgment. The brief of the moving party shall contain a separate statement of each material fact supporting the contention that there is no genuine issue to be tried and as to each shall identify the specific document, discovery response, or deposition testimony (by page and line) which is claimed to establish the same. Briefs shall be filed at the time of hearing unless leave is granted to file thereafter.

Approved September 21, 2005.

   The following rule is adopted by the District and County Courts of the First Judicial District for Modified Operating Procedures effective January 1, 2022.

   A. Purpose: This rule is to establish a procedure for determining when Modified Operating Procedures shall be implemented and what those procedures shall be.

   B. Applicability: These procedures are to be followed only upon a determination that normal operating procedures are not possible.

   C. When does implementation occur?: Implementation of Modified Operating Procedures shall occur upon a determination by the presiding Judges of the District and County Court of the First Judicial District.

   (1) Implementation shall occur upon mandates by Federal, State, or Local Government or upon determination by the District and County Court Judges after consulting with local stakeholders.

   (2) Local stakeholders shall include but not be limited to the following: First Judicial District Judges, County and District Court Clerks and Clerk Magistrates, County Board, Local law enforcement (Chief of Police and Sheriff), County Attorney’s Office, Public Defender’s Office, Local Health Boards, Probation, Corrections, and Local County Bar Association.

   (3) It will be the duty of the Presiding Judges of the County Court and District Court to coordinate and facilitate communications with the stakeholders to plan and implement emergency modified court procedures.

   D. Notice: Notice of implementation of Modified Operating Procedures shall be by posting on the entry doors of the affected Courthouse(s), local media outlets, web sites, and any other means as determined by the Presiding Judges.

   E. Modified Operating Procedures:

   (1) Upon interruption of normal operating procedures by pandemic, natural disaster or any other unforeseen circumstance, the Court shall proceed to modify its operating procedures to ensure that all essential functions of the Court continue:

   (2) Essential functions shall include the following:

   (a) All Custodial Criminal proceedings;

   (b) Protection Orders;

   (c) Receipt of all filings.

   (d) Criminal warrants (not to include time payment warrants).

   (e) Juvenile intakes.

   (f) Receipt of financial payments.

   (g) Processing of appeals.

   (h) Habeas Corpus proceedings.

   (i) Statutorily mandated proceedings.

   (j) Emergency Ex-Parte Custody Orders and Emergency Placement Orders.

   (k) Any other matters deemed essential upon determination by the Presiding Judges of the District.

   (3) The Presiding Judges of the County and District Courts of the First Judicial District shall develop protocols and procedures to allow the Courts to carry on essential functions. Those may include the following:

   (a) Use of virtual proceedings, i.e., (Web-ex, Zoom, etc.).

   (b) Relocation of the Actual Court Rooms.

   (c) Alternative filing methods.

   (d) All other protocols deemed necessary by the Presiding Judges to carry on essential functioning.

   F. Notification: Notification of these protocols shall be by posting, e-mail, and any other methods available to ensure notice to Parties, Counsel, and the public.

   G. Return to Normal Operating Procedures: The Presiding Judges of the District shall be responsible for determining when the Courts return to normal operating procedures. Notice shall be provided as mentioned above to inform parties, counsel, and the public of the return to normal functioning.

Approved March 22, 2023.

   The following rule is adopted by the District and County Courts of the First Judicial District for the appointment of counsel for indigent individuals charged with crimes of misdemeanors and felonies after January 1, 2015.

   (1) Counsel for indigent defendants shall be provided in accordance with Neb. Rev. Stat. §§ 29-3901 to 29-3908. Attorneys shall provide legal counsel to all clients in a professional, skilled manner consistent with the Nebraska Supreme Court Rules of Professional Conduct. Each county’s public defender shall have first priority to be appointed for any indigent defendant in all criminal cases within the county. The rules set out in the paragraphs below deal with the appointment of licensed attorneys to handle indigent defendants when no local public defender is available.

   (2) Each clerk of the county and district court shall maintain a list of all licensed attorneys who have filed a letter with the court clerk requesting they be placed on the list to accept appointments in criminal cases in the First Judicial District in accordance with paragraphs (7) and (10) below. The list shall have a priority category listing as follows: The first category listing shall include such attorneys having an office located within the county of such appointment. The second category listing shall include names of attorneys having an office location within any of the counties immediately adjacent to the county of such appointment. The third category listing shall include names of attorneys having an office location within the First Judicial District. The list shall be held by the court clerk and be open for public inspection on request. The list shall have the name, Nebraska Bar number, office location, and telephone number of each practicing attorney.

   (3) Each clerk shall keep a separate list of case appointments of licensed attorneys to indigent defendants. The list shall include the name, Nebraska Bar number, criminal case number, and date of appointment of the attorney to the case. This list shall also be open to public inspection upon request.

   (4) The appointment of attorneys to indigent defendants shall be on a rotation basis, using the first category listing above. No attorney on the first category listing shall be appointed to an indigent defendant a second time without first ensuring that all attorneys on the first category have been appointed on cases in their order on the listing or have been disqualified based upon conflicts. Attorneys on the second category listing shall be used only when no first category listing attorneys are available. Any use of second category listings shall be on rotation process similar to first category listing above. Attorneys on the third category listing shall be used only when no first or second category listing attorneys are available. Any use of third category listings shall be on rotation process similar to first category listing above.

   (5) Nothing stated above shall prevent a court from skipping the category listings above and appointing the Nebraska Commission on Advocacy (NCOA) on a case-by-case basis for any indigent defendants. Any such appointment of the attorneys of NCOA shall be listed on the separate list of case appointments set out in paragraph (3) above.

   (6) Nothing stated above shall prevent the court from skipping the category listings above and appointing a licensed attorney on a case-by-case basis for any indigent defendants. Any such appointment of attorneys shall be listed on the separate list of case appointments set out in paragraph (3) above.

   (7) All active practicing attorneys who have offices located within any of the categories listed above who want appointments in criminal cases shall file a letter with such request with the clerks of the county and district court in the county in which their office is located. The clerks in such counties will then send copies of the letters to all county and district clerks within the First District for filing in those counties.

   (8) No attorney will be removed from the list unless: (a) The attorney files a written request for removal with the clerks of the county and district court in the county in which their office is located, or (b) the attorney is ordered removed from the list by a judge in the First District after notice and opportunity for hearing.

   (9) An attorney may, with the consent of the court, designate a member of his/her firm to appear on behalf of an indigent defendant.

   (10) It is the intent of this rule that a practicing attorney need only file his/her request for criminal assignments once with the county and district court clerks of the county in which his/her office is located.  The county court clerks of such courts will have responsibility to file copies of the letters with all of the other county court clerks in the First District. The district court clerks of such courts will have the responsibility to file copies of the letters with all of the other district court clerks in the First District. Any practicing attorney that has an office in more than one county in the district need not file his/her request with both such counties.

Approved December 10, 2014.

   In the months of February and August of each year, or when otherwise directed by the Court, the Clerk shall prepare a list of pending civil cases in which no action has been taken for six (6) months prior thereto. An order shall then be entered requiring that cause be shown, within thirty (30) days from entry of order, as to why said case should not be dismissed for lack of prosecution. Notice of said order shall be sent to all attorneys of record and pro se parties. If good cause is not shown, such cases shall be dismissed.

Approved September 21, 2005.

   An Information in a criminal case shall have noted thereon the statute under which each count of the complaint is brought, the class of offense, and the penalty for the same.

Approved September 21, 2005.

   A. The Court should be advised of jury cases which are ready for trial at the opening of the term.

   B. No criminal case set for trial will be continued or taken out of order unless a written motion for a continuance, supported by sufficient affidavits, is granted by the Court. If the motion is based upon the want of testimony by an absent witness, the affidavit shall state the substance of the witness' testimony and relate efforts which have been made to secure such testimony.

Approved September 21, 2005.

   A. In cases where a penalty of confinement has been ordered by the County Court, no appeal shall be dismissed upon the motion of the defendant unless he or she appears personally before the District Court to request such dismissal.

   B. In cases where a fine has been imposed by the County Court, no appeal shall be dismissed upon the motion of the defendant unless the defendant appears personally before the District Court to request such dismissal and a showing is made that all fines and costs have been paid.

Approved September 21, 2005.

   Court-appointed counsel shall be paid an hourly fee established by the Court and kept on file with the Clerk. Before court-appointed counsel's claim for payment is allowed, such attorney shall file a written motion for fees, positively verified, itemizing the time and expenses spent on the case. All motions for fees shall be served on the County Attorney.

Approved September 21, 2005.  

   The following rule is adopted by the District and County Courts of the First Judicial District for the appointment of counsel for indigent individuals charged with crimes of misdemeanors and felonies after January 1, 2015.

   (1) Counsel for indigent defendants shall be provided in accordance with Neb. Rev. Stat. §§ 29-3901 to 29-3908. Attorneys shall provide legal counsel to all clients in a professional, skilled manner consistent with the Nebraska Supreme Court Rules of Professional Conduct. Each county’s public defender shall have first priority to be appointed for any indigent defendant in all criminal cases within the county. The rules set out in the paragraphs below deal with the appointment of licensed attorneys to handle indigent defendants when no local public defender is available.

   (2) Each clerk of the county and district court shall maintain a list of all licensed attorneys who have filed a letter with the court clerk requesting they be placed on the list to accept appointments in criminal cases in the First Judicial District in accordance with paragraphs (7) and (10) below. The list shall have a priority category listing as follows: The first category listing shall include such attorneys having an office located within the county of such appointment. The second category listing shall include names of attorneys having an office location within any of the counties immediately adjacent to the county of such appointment. The third category listing shall include names of attorneys having an office location within the First Judicial District. The list shall be held by the court clerk and be open for public inspection on request. The list shall have the name, Nebraska Bar number, office location, and telephone number of each practicing attorney.

   (3) Each clerk shall keep a separate list of case appointments of licensed attorneys to indigent defendants. The list shall include the name, Nebraska Bar number, criminal case number, and date of appointment of the attorney to the case. This list shall also be open to public inspection upon request.

   (4) The appointment of attorneys to indigent defendants shall be on a rotation basis, using the first category listing above. No attorney on the first category listing shall be appointed to an indigent defendant a second time without first ensuring that all attorneys on the first category have been appointed on cases in their order on the listing or have been disqualified based upon conflicts. Attorneys on the second category listing shall be used only when no first category listing attorneys are available. Any use of second category listings shall be on rotation process similar to first category listing above. Attorneys on the third category listing shall be used only when no first or second category listing attorneys are available. Any use of third category listings shall be on rotation process similar to first category listing above.

   (5) Nothing stated above shall prevent a court from skipping the category listings above and appointing the Nebraska Commission on Advocacy (NCOA) on a case-by-case basis for any indigent defendants. Any such appointment of the attorneys of NCOA shall be listed on the separate list of case appointments set out in paragraph (3) above.

   (6) Nothing stated above shall prevent the court from skipping the category listings above and appointing a licensed attorney on a case-by-case basis for any indigent defendants. Any such appointment of attorneys shall be listed on the separate list of case appointments set out in paragraph (3) above.

   (7) All active practicing attorneys who have offices located within any of the categories listed above who want appointments in criminal cases shall file a letter with such request with the clerks of the county and district court in the county in which their office is located. The clerks in such counties will then send copies of the letters to all county and district clerks within the First District for filing in those counties.

   (8) No attorney will be removed from the list unless: (a) The attorney files a written request for removal with the clerks of the county and district court in the county in which their office is located, or (b) the attorney is ordered removed from the list by a judge in the First District after notice and opportunity for hearing.

   (9) An attorney may, with the consent of the court, designate a member of his/her firm to appear on behalf of an indigent defendant.

   (10) It is the intent of this rule that a practicing attorney need only file his/her request for criminal assignments once with the county and district court clerks of the county in which his/her office is located.  The county court clerks of such courts will have responsibility to file copies of the letters with all of the other county court clerks in the First District. The district court clerks of such courts will have the responsibility to file copies of the letters with all of the other district court clerks in the First District. Any practicing attorney that has an office in more than one county in the district need not file his/her request with both such counties.

Approved December 10, 2014; renumbered from Rule 21 to Rule 20 October 20, 2021.

   The following rule is adopted by the District  and County Courts of the First Judicial District for Modified Operating Procedures effective January 1, 2022.

   A. Purpose: This rule is to establish a procedure for determining when Modified Operating Procedures shall be implemented and what those procedures shall be.

   B. Applicability: These procedures are to be followed only upon a determination that normal operating procedures are not possible.

   C. When does implementation occur?: Implementation of Modified Operating Procedures shall occur upon a determination by the presiding Judges of the District and County Court of the First Judicial District.

   (1) Implementation shall occur upon mandates by Federal, State, or Local Government or upon determination by the District and County Court Judges after consulting with local stakeholders.

   (2) Local stakeholders shall include but not be limited to the following: First Judicial District Judges, County and District Court Clerks and Clerk Magistrates, County Board, Local law enforcement (Chief of Police and Sheriff), County Attorney’s Office, Public Defender’s Office, Local Health Boards, Probation, Corrections, and Local County Bar Association.

   (3) It will be the duty of the Presiding Judges of the County Court and District Court to coordinate and facilitate communications with the stakeholders to plan and implement emergency modified court procedures.

   D. Notice: Notice of implementation of Modified Operating Procedures shall be by posting on the entry doors of the affected Courthouse(s), local media outlets, web sites, and any other means as determined by the Presiding Judges.

   E. Modified Operating Procedures:

   (1) Upon interruption of normal operating procedures by pandemic, natural disaster or any other unforeseen circumstance, the Court shall proceed to modify its operating procedures to ensure that all essential functions of the Court continue:

   (2) Essential functions shall include the following:

   (a) All Custodial Criminal proceedings;

   (b) Protection Orders;

   (c) Receipt of all filings.

   (d) Criminal warrants (not to include time payment warrants).

   (e) Juvenile intakes.

   (f) Receipt of financial payments.

   (g) Processing of appeals.

   (h) Habeas Corpus proceedings.

   (i) Statutorily mandated proceedings.

   (j) Emergency Ex-Parte Custody Orders and Emergency Placement Orders.

   (k) Any other matters deemed essential upon determination by the Presiding Judges of the District.

   (3) The Presiding Judges of the County and District Courts of the First Judicial District shall develop protocols and procedures to allow the Courts to carry on essential functions. Those may include the following:

   (a) Use of virtual proceedings, i.e., (Web-ex, Zoom, etc.).

   (b) Relocation of the Actual Court Rooms.

   (c) Alternative filing methods.

   (d) All other protocols deemed necessary by the Presiding Judges to carry on essential functioning.

   F. Notification: Notification of these protocols shall be by posting, e-mail, and any other methods available to ensure notice to Parties, Counsel, and the public.

   G. Return to Normal Operating Procedures: The Presiding Judges of the District shall be responsible for determining when the Courts return to normal operating procedures. Notice shall be provided as mentioned above to inform parties, counsel, and the public of the return to normal functioning.

Approved April 13, 2022.

   Virtual meetings will be available for nontestimonial proceedings based upon the sole discretion of each County and District Judge within his/her courtroom. Requests to participate by virtual proceedings shall be made by filing a request with the Clerk at least three (3) business days in advance of the hearing. Each party appearing by video will need to be logged in 5 minutes in advance of the hearing.

   Testimonial hearings shall not be conducted by video except for when extraordinary circumstances arise, and then it will be at the sole discretion of the County and District Judge within his/her courtroom, consistent with Neb. Rev. Stat. §§ 24-303 and 24-734.

Approved February 16, 2023; amended March 15, 2023.

   Virtual meetings will be available for nontestimonial proceedings based upon the sole discretion of each County and District Judge within his/her courtroom. Requests to participate by virtual proceedings shall be made by filing a request with the Clerk at least three (3) business days in advance of the hearing. Each party appearing by video will need to be logged in 5 minutes in advance of the hearing.

   Testimonial hearings shall not be conducted by video except for when extraordinary circumstances arise, and then it will be at the sole discretion of the County and District Judge within his/her courtroom, consistent with Neb. Rev. Stat. §§ 24-303 and 24-734.

Approved October 5, 2022; amended March 15, 2023.

   A. Motions To Compel: All motions for an order compelling disclosure or discovery must include a certification that the movant has, in good faith, conferred or attempted to confer with the person or party failing to make disclosure or discovery in an effort to obtain it without court action. Motions to compel that fail to make such certification will not be considered by the Court. At any hearing on such motions, the Court may inquire of the parties what good faith efforts have been employed to resolve the discovery dispute and may deny a motion to compel until satisfactory efforts at resolution have been made.

Approved March 13, 2024.

   These rules for the district courts of the Second Judicial District shall become effective upon approval by the Supreme Court and publication in the Nebraska Advance Sheets and shall supplement the Uniform District Court Rules of Practice and Procedure adopted by the Supreme Court.

Adopted effective September 22, 1995.

   The regular term of the court in each county shall be deemed to commence on January 1 of each calendar year, and shall be deemed to conclude on December 31 of the same calendar year. No order opening or closing such term shall be required.

Adopted effective September 22, 1995.

   A. Motions shall be submitted on affidavits and oral arguments of counsel, not to exceed 15 minutes per party, unless otherwise ordered. If a moving party fails to appear in support of a pleading at the prescribed time, the same shall be deemed submitted without argument. In addition to the requirements of Uniform District Court Rules, as well as Neb. Rev. Stat. § 25-910, any motion filed that does not require the appearance of one and/or both of the parties, including, but not limited to: Motion to Endorse, Motion for Deposition, Motion to Withdraw, etc., and where there is no objection by the opposing party, no hearing shall be required unless for good cause as decided by the Judge. Counsel shall set forth in the body of the motion that he/she has had contact with the opposing party and that there is no objection by the same, and shall further submit via email (not e-file) to the Judge's baliff, a proposed order in Microsoft Word for the signature of the Judge.

   B. Continuance(s). In addition to the requirements set forth in Neb. Rev. Stat. § 25-1148, a Motion for Continuance shall set forth whether the opposing party has an objection. If the opposing party does not object to the continuance, the party filing the motion shall be responsible for arranging, as soon as practical, a new date and time with all opposing parties and the court. If the opposing party does object, or after reasonable efforts have been made to contact the opposing party without success as verified by affidavit, it is the responsibility of the party filing the motion to set the motion for a continuance hearing. If the moving party fails to attempt contact with opposing counsel, the motion for continuance may be summarily denied. Except for exigent circumstances, a motion for a continuance shall be made at least three (3) working days prior to the hearing for which the continuance is requested. See Attachment B.

   C. When a motion is ruled upon, the party required to plead further shall be allowed ten (10) days to further plead, except as is otherwise ordered by the court.

   D. Child Support Enforcement. In Sarpy County, child support enforcement cases shall be heard by the Statewide-Referee.

   E. Alternative Services. Motions for service by publication are submitted ex parte to the assigned trial judge when filed. The motion shall be accompanied by an affidavit of factual matters establishing the defendant(s) cannot, with reasonable diligence, be served by personal service, residence service, certified mail, or any other matter that would provide the party with actual notice of the proceedings and an opportunity to be heard.

Adopted effective September 22, 1995; amended effective March 5, 1999; Rule 2-2(C) and (F) amended January 3, 2003; Rule 2-2(A) deleted and (B)-(H) renumbered to (A)-(H) and Rule F amended effective October 16, 2007; Rule 2-2(A) amended effective December 10, 2008; Rule 2-2 amended effective January 31, 2018. 

   All stipulations not made in open court or in chambers and recorded by the reporter and all agreements of counsel or parties to a suit, must be reduced to writing and signed by the parties making the same and filed with the clerk, or they will not be recognized or considered by the court.

Adopted effective September 22, 1995.

   Subject to subsections (A) and (B) below, any unofficial correspondence with the court (letters, briefs, etc.) and all proposed documents (proposed settlement agreement, proposed decree, etc.) may be submitted to the court by counsel as an email attachment in Word format. All other pleadings, motions and any other document that will be filed within the court file shall only be electronically filed (e-filed) by counsel; follow-up copies of the same shall neither be submitted nor accepted by the court. For individuals not represented by counsel, i.e., a self-represented litigant, all correspondence shall be mailed by U.S. mail, postage prepaid, or personally delivered to the Clerk of the District Court. Ex parte communication with the court shall not be tolerated in the absence of express permission by all interested parties.

   A. Exhibit Handling

   (1) Affidavits, depositions, and other proposed exhibits in support of motions shall not be filed with the Clerk unless otherwise ordered by the Court. Nothing in this rule shall prohibit any properly filed pleading from being offered and received into evidence.

   (2) Public Records as Exhibits. In all cases where books, files, or records, or parts thereof belonging to or taken from the records of public offices are offered in evidence or are marked for identification to be offered at a pretrial conference, it shall be the duty of the party offering the same to furnish true copies of the same to the court reporter and the opposing counsel before the offer.

   (3) Documentary Exhibits. All documentary evidence which is not impeaching or rebuttal in nature shall be presented to the court reporter prior to trial, marked for identification, and submitted to the opposing party for inspection. They shall be numbered consecutively.

   B. Electronic Filing

   (1) When a party e-files any motion, including a motion for ex parte order, pleading, or other document after 2:00 p.m. on a given day that requires a hearing within the next 72 hours, he/she shall also follow up with the Clerk of the District Court, whether in person or by phone call on the day of filing, in order to give the Clerk adequate notice so that the court is made aware of the request in a timely manner.

Adopted effective September 22, 1995; amended January 31, 2018.

   Except as otherwise provided by statute, or by order of the court, proof of service of any pleading, motion, or other paper required to be served shall be made by: (1) a certificate by or on behalf of counsel showing the name and address on whom service was had; (2) written receipt of the opposing party or his or her attorney; (3) affidavit of the person making service; (4) return of the county sheriff; (5) E-Service in accordance with Neb. Ct. R. § 6-419; or (6) other proof satisfactory to the court. Failure to make proof of service will not affect the validity of the service, and the court may at any time allow the proof of service to be amended or supplied unless it clearly appears that to do so would result in material prejudice to substantial rights of any party affected thereby.

Adopted effective September 22, 1995; amended January 31, 2018.

   A. Applications for an order consenting to adoption of children subject to jurisdiction of the court must be accompanied by a photocopy or duplicate original of all relinquishments and consents to adoption as required by law. Attorneys should note that in case of abandonment or other situations where one or both of the natural parents are unable to consent, substitute consents are required.

   B. Any delinquent support payments remain a judgment against the party ordered to pay such support, unless a receipt or satisfaction is filed by the party to whom the support is due.

   C. Upon completion of the adoption proceedings, an appropriate motion shall be filed together with a proposed order terminating all future support as of the date of the adoption decree. The motion and proposed order shall be accompanied by a copy of the adoptive decree. The decree of adoption shall be redacted to comply with Neb. Ct. R. § 6-1521.

Adopted effective January 29, 2000; Rule 2-6 deleted and Rule 2-7 renumbered to Rule 2-6 and amended January 31, 2018.

   A. The moving party shall set forth in the brief in support of the motion for summary judgment the basis for the motion, including the Rule of Procedure or statute under which the motion is filed, and a separate statement of each material fact as to which the moving party contends there is no genuine issue to be tried and as to each shall identify the specific document or portion  thereof or discovery response or deposition testimony (by page and line) which it is claimed established the fact.

   B. The party opposing a motion for summary judgment shall set forth in its opposing brief a separate statement of each material fact as to which it is contended there exists a genuine issue to be tried and as to each shall identify the specific documents or discovery response or deposition testimony (by page and line) which it is claimed establishes the issue.

Adopted effective June 8, 2005; Rule 2-8 renumbered to Rule 2-7 January 31, 2018.  

   A. Criminal Cases: Criminal cases shall be set for both pretrial conference and for trial at the discretion of the judge presiding over the case on or about the date that the defendant files a written waiver of arraignment. Written waivers of arraignment are required. See Attachment C (Written Waiver of Arraignment) and Attachment D (Written Waiver of Preliminary Hearing).

   (1) Progression Order. As soon after filing of a case as is practicable, the Court may enter an order of progression for the case. The progression order may include the mandatory exchange of information, discovery deadlines, provision for disclosure of expert witnesses, the date of the pretrial conference, the trial term at which the case will be tried or the trial date, together with such other provisions as the court may deem appropriate.

   B. Civil Cases: All civil (law or equity) and domestic cases shall be set for trial by the assigned trial judge in accordance with the following procedures:

   (1) Trial. Trial assignment priority shall be within the discretion of the judge assigned to the case. Civil jury trials will be scheduled during the third week of every other month, or as otherwise determined by the Court.

   (2) Progression Order. As soon after filing of a case as is practicable, the court may enter an order of progression for the case. The progression order may include the mandatory exchange of information, discovery deadlines, provision for disclosure of expert witnesses, the date of the pretrial conference, the trial term at which the case will be tried or the trial date, together with such other provisions as the court may deem appropriate.

   C. Domestic Actions:

   (1) Progression Order. As soon after filing of a case as is practicable, the court may enter an order of progression for the case. The progression order may include the mandatory exchange of information, discovery deadlines, provision for disclosure of expert witnesses, the date of the pretrial conference, the trial term at which the case will be tried or the trial date, together with such other provisions as the court may deem appropriate.

   (2) Property Statements. Where the action involves a division of property by the court, each party shall prepare a property statement setting forth assets, liabilities, and any other information concerning property germane to the case at bar. The party filing the action, i.e., the petitioner, shall have sixty (60) days from the date of service to prepare the property statement, and then will furnish a copy to the opposing party. The responding party shall then complete the property statement by adding to it any additional property and that party's estimates of value of all property listed. The responding party's additions shall be served upon the initiating party within thirty (30) days after the filing of the initial statement. When property division is contested at final hearing, the parties shall prepare a joint property statement for use as an exhibit. Either party may receive an extension of time for filing or completing property statements on written motion and good cause shown. Except by agreement of the parties or order of the court, amendments to the property statement shall not be permitted unless filed at least ten (10) days prior to trial. Property statements shall not be filed with the court, but proof of service shall be filed.

   (3) Temporary Hearing. Unless otherwise ordered, temporary applications shall be governed by Neb. Ct. R. § 6-1504 and Neb. Rev. Stat. § 43-2930. Except where a party appears as a self-represented litigant and live testimony is required, or unless otherwise ordered, evidence shall be submitted by affidavits, which shall be exchanged by the parties at least forty-eight (48) business hours prior to the hearing, i.e., affidavits for a Monday hearing are due by close of business on the previous Wednesday, etc. Except for good cause shown, no more than five (5) affidavits, or alternatively, no more than twenty-five (25) total affidavit pages (including exhibits attached thereto), will be considered by the court at the time of the temporary hearing. Pay stubs, W-2s, and Child Support Worksheets do not count against the total of 25 pages that is allowed for each party. All affidavits shall be submitted with standard-sized font and margins. Any affidavits that do not comply with the aforementioned requirements may not be considered by the court for purposes of the temporary hearing. No "reply" or "responsive" affidavits are permitted. All temporary hearings shall be scheduled within 14 days of the filing of the motion for temporary relief and shall be set for no longer than 15 minutes. Parties to notify the court if a temporary hearing is expected to take longer than 15 minutes, and it will be set for special setting beyond the aforementioned 14 days. Counsel shall submit a proposed temporary order in Microsoft Word format.

   (4) Ex Parte Custody Orders. No ex parte order shall be entered in a domestic relations case without one (1) or more supporting affidavits from a party or his or her witnesses. Except for good cause shown, no ex parte temporary order shall be entered in a pending case if the opposing party is represented by counsel or a guardian ad litem/attorney for minor(s) has been appointed. If an ex parte order is issued, it shall be served upon the opposing party or counsel forthwith, and a temporary hearing shall be held forthwith.

   (5) Contested Custody. If an issue concerning custody of a minor child exists, the court may appoint a guardian ad litem/attorney for the minor(s). In such event, the court will order an initial deposit of fees to be paid by the parties into the court within a specified time period. If no time period is specified by the court, it shall be 20 days. Initial fees shall be allocated between the parties in the discretion of the court, subject to modification and the assessment of additional fees at the time of the final hearing. Those claiming indigent status may apply to the court for a waiver of such fee assessment. Such an application must be accompanied by an affidavit establishing poverty. When a guardian ad litem/attorney for the minor child makes application for payment of fees in a case involving a claim of indigence, copies of the fee application and notice of hearing shall be served upon the County Attorney, who may appear at the hearing to object to payment of the same.

   (6) No document filed in the public record of a case shall have complete vehicle identification numbers, account numbers, Social Security numbers, dates of birth, or other personal identification information. Real estate shall be described by legal description as opposed to street address.

   (7) Leaving the State. Every order for child custody, temporary or permanent, shall contain language substantially as follows:

   A party exercising custody of a minor child is ordered not to move the child outside the State of Nebraska except by written agreement of the parties and approved by the Court. Anyone intending such a move must first:

   (a) Make written application to the court; and

   (b) Give notice of the application and hearing to the other party as required by law.

   (8) Reduction in Support for Periods of Visitation. Whenever a temporary or permanent child support order provides for a reduction in child support while a non-custodial parent has possession of the child or children, the following procedure shall be utilized:

   (a) The non-custodial parent shall prepare and sign an affidavit stating the inclusive dates that the non-custodial parent had possession of the minor child or children with the name of said child or children showing the amount of support to be reduced.

   (b) This affidavit shall be filed with the Clerk of the District Court within thirty (30) days after said possession and a copy mailed to the custodial parent or it shall be presumed that the non-custodial parent did not have possession of the child or children for the affected time period.

   (c) Within thirty (30) days after receipt of the copy of said affidavit, the custodial parent may file an objection or counter-affidavit, and if this is done, a hearing date will be set to determine the matter.

   (d) Failure of the custodial parent to file an objection or counter-affidavit within thirty (30) days shall constitute a waiver to contest the reduction of child support issue.

   (e) Counsel for the parties shall advise the parents of this provision.

   (f) If the State of Nebraska is a party to the action, the same shall be given notice and an opportunity to object in a matter consistent herein.

   D. Other Settings: Notwithstanding subsection B or C of this rule, the judge assigned to such case may on his or her own motion assign a trial date to said case or, in the alternative, hold periodic docket calls for the purpose of assigning trial dates to pending cases.  In the event that a case is set for docket call for the purpose of setting a trial date, counsel or unrepresented parties shall be required to personally appear for such docket call.

Rule 2-9(A) amended effective October 16, 2007; Rule 2-9 renumbered to Rule 2-8 and amended January 31, 2018.

   A. A domestic-relations matter involving children includes filings for dissolution of marriage and determination-of-paternity cases which involve issues of custody, parenting time, visitation, or other access with a child. Within fifteen (15) days after entry of this court's progression order, both parties are required to register for the basic level parenting class, "What About the Children." Barring an emergency, no hearing for temporary orders will be scheduled unless proof is submitted by the moving party showing completion of said parenting course. See Attachment A.

   If a modification proceeding is filed by either and/or both parties less than two (2) years after an initial decree or previous modification is entered, both parties are required to complete the second level parenting class, "Reaching Beyond Conflict."

   Each party shall be responsible for the costs of attending either parenting education course. The court may waive or specifically allocate costs between the parties for their required participation in the course.

   Further information on parenting education courses may be found at: https://supremecourt.nebraska.gov/programs-services/mediation/parenting-act-mediation/parenting-education-classes

   B. Mediation is required in all cases. The parties may either agree on a mediator, or if an agreement cannot be reached, the court shall order that parties involved in a domestic case filed in Sarpy County are required to attempt mediation at the Concord Mediation Center. Mediation shall be attempted within sixty (60) days of the court's progression order. Parties involved with a domestic case filed in Cass or Otoe Counties are required to attempt mediation at either the Concord Mediation Center, the Mediation Center in Lincoln, or the Resolution Center in Beatrice within sixty (60) days of the court's progression order. A party may not terminate mediation until after an individual initial screening session and one mediation or specialized alternative dispute resolution session are held unless said mediation is waived as provided herein.

   C. The Nebraska Office of Dispute Resolution maintains a list of mediation centers approved by the Dispute Resolution Advisory Council found here: https://supremecourt.nebraska.gov/programs-services/mediation.  These mediators must meet State of Nebraska (or equivalent) standards for training in order to qualify. The following requirements apply to all participating mediators:

   (1) Each participating mediator shall comply with Nebraska Law on mediation, including the Nebraska Parenting Act.  Additionally, any mediator qualifying as a specialized mediator, who conducts specialized alternative dispute resolution, shall meet all requirements set forth by Neb. Rev. Stat. § 43-2938(3), or any amendment thereto.  All mediators and/or specialized mediator must be willing to agree to the court requirements for participation, and each mediator will be asked to sign a statement indicating acknowledgment and acceptance of the requirements.

   (2) Court-approved mediators will determine their own fees.  In order to be on the list of court-approved mediators, a mediator must agree to use a sliding-scale fee of $25 to $150 per person per hour, determined on the basis of what each party is able to pay. Court-approved mediators must also agree to take pro bono cases on an "as needed" basis. The Court will determine the need for such pro bono services, so that the burden of these cases is equitably distributed among the participating mediators.

   D. Prior to commencing an initial mediation session, the mediator shall provide an initial individual screening session with each party to assess the presence of child abuse or neglect, unresolved parental conflict, domestic intimate-partner abuse, other forms of intimidation or coercion, or a party's inability to negotiate freely and make informed decisions. If any of these conditions exists, the mediator shall proceed with the specialized alternative dispute resolution process that addresses safety measures for the parties, if the mediator is on the approved specialized list of an approved mediation center or approved list of the State of Nebraska, or shall refer the parties to a mediator who is so qualified.

Rule 2-10 approved June 3, 2010; Rule 2-10 renumbered to Rule 2-9 and amended January 31, 2018; Rule 2-9(C) amended October 25, 2023.

   Government has an ethical responsibility to ensure the safety of its constituents and jurisdiction, including the Courts of the Second Judicial District. It also has a legal obligation to operate in a prudent and efficient manner, even during an impending threat or following a disaster. The decision to invoke emergency modified court operations as well as the return to normal operations shall be made by the presiding judges of the district, county, and juvenile courts after consultation with local stakeholders. The designation to invoke emergency modified court operations or to return to normal operations shall be made on the initiative of said judges, who may consider whether there has been an implementation of the Continuity of Operations Management Program (COMP), as enacted by the Sarpy County Board of Commissioners or by the Cass County Board of Commissioners or Otoe County Board of Commissioners in relation to Otoe County Court operations. This COMP provides guidance to perform the court’s essential functions as part of a continuity of operations capability. Local stakeholders shall include but not be limited to the following: Second Judicial District Judges, District and County Court Clerks and Clerk Magistrates, County Board, local law enforcement (Chiefs of Police and Sheriffs), County Attorney’s Office, Public Defender’s Office, local Health Department, Probation, Corrections, and State and County Bar Leaders.

   When an event occurs that may require the implementation of Emergency Modified Court Operations, the presiding judges of the district court, county court, and the separate juvenile court shall convene. The judges will identify which court operations are to be modified to maintain essential court functions, including:

   1. Criminal proceedings;
   2. Receipt of filings;
   3. Processing of warrants;
   4. Juvenile intake/detention filings;
   5. Processing of appeals;
   6. Any proceedings required by law;
   7. Protection orders;
   8. Landlord/tenant proceedings; and
   9. Any other matters determined to be “essential” by the presiding judges.

   The Presiding Judges of the District Court and the Juvenile Court shall contact the Clerks of the District Court and the Administrative Office of the Nebraska Supreme Court concerning the event and the implementation of Emergency Modified Court Operations.

   The Presiding Judge of the County Court shall contact the Clerks of the County Courts concerning the event and the implementation of Emergency Modified Court Operations.

   The Public Information Director for the respective counties shall provide notification of the Emergency Modified Court Operations and the contingency plans to attorneys and the public as well as the return to normal operations. Said information shall also appear on counties’ and courts’ websites. If practical, the contingency plan shall also be posted outside the courthouse and, if available, outside the courtrooms. Presiding judges of respective courts will also keep staff who may interact with the public informed of modified operations.

   Depending on the reason for modified operations, the presiding judges shall utilize procedures to carry out essential court functions, including, but not limited to:

   1. Remote technology;
   2. Alternative sites for hearings;
   3. Alternative filing methods; and
   4. Physical access by the public.

   These procedures shall be reduced to writing and provided to the other judges of the district, including any subsequent modifications. 

Approved April 19, 2023.

   Effective January 1, 2022, the County Court for the Second Judicial District shall employ the following protocol for remote technology for court proceedings:

   A. It is presumed that all County Court proceedings will be conducted in person. Attorneys and/or self-represented litigants may file a motion to appear remotely via video conferencing at least three (3) business days in advance of the hearing. Each judge will review and rule on said motions on a case-by-case basis consistent with Neb. Rev. Stat.
§ 24-734. If the judge denies or does not rule on the motion in advance of the scheduled hearing or trial date, then movant is expected to appear in person at the hearing.

   Video conferencing means conducting, appearing in, or participating in a court proceeding by the use of video, electronic, or telephonic technology with contemporaneous interactions among the participants.

   B. Decorum. Hearings held by remote technology are conducted as if they were occurring in court. Counsel and litigants shall remain muted unless directed elsewise by the Court. Proper attire and behavior are expected. Eating is prohibited during the hearing. Counsel and parties shall not conduct other business during the hearing unless an emergency dictates otherwise. Counsel and parties shall be respectful to all involved. Audio and video recording of the hearing is strictly prohibited, subject to the Rules for Expanded Media Coverage in Nebraska Trial Courts.

Approved February 22, 2023; amended March 15, 2023.

   A. Presiding judge; assignment of judges; and succession plan for problem-solving court judges.

   (1) The problem-solving court programs shall be presided over by a district judge selected by the district court judges.

   (2) The district judges, with the consent of the assigned judge, shall appoint such judge(s) as are necessary to perform the judicial duties required by the problem-solving courts in the district.

   (3) The presiding and problem-solving court judges so appointed shall serve in any or all of the divisions of the problem-solving court and may serve under a temporary or permanent assignment. A permanently assigned judge shall serve a term of not less than 3 consecutive years. A temporary judge assignment shall not exceed 1 year and shall be a transitional or interim position.

   (4) Prior to assuming the position of a problem-solving court judge, or as soon thereafter as practical, the assigned judge shall attend a judicial training program administered by the National Drug Court Institute or other training program approved by the State's Problem-Solving Center Coordinator. At least every 3 years after the initial training, each problem-solving court judge shall attend training events complying with the Nebraska Problem-Solving Court standards.

   (5) On or before January 15, 2018, and every 3 years thereafter, the district judges, with the consent of the assigned judge, shall appoint a successor presiding judge who shall immediately succeed the presiding judge in the event of the presiding judge's death, disability, retirement, resignation, removal, elevation to another court, or failure to be retained. Such successor judge shall attend training in advance of service, pursuant to subsection (4), to allow the successor judge to immediately assume the position of presiding problem-solving court judge upon the occurrence of a vacancy.

   (6) As of the date hereof, the following judges shall preside in the district's problem-solving courts:

   (a) Sarpy County Adult Drug Court:

   (i) Presiding judge(s): Stefanie A. Martinez

   (ii) Successor judge(s): George A. Thompson

   (b) Sarpy County Re-Entry Court:

   (i) Presiding judge(s): Stefanie A. Martinez

   (ii) Successor judge(s): George A. Thompson

   (c) Sarpy County Wellness Court:

   (i) Presiding judge(s): Stefanie A. Martinez

   (ii) Successor judge(s): George A. Thompson

   (d) Cass County Adult Drug Court:

   (i) Presiding judge(s): Michael A. Smith

   (ii) Successor judge(s): George A. Thompson

   (e) Sarpy County Juvenile Problem-Solving Court:

   (i) Presiding judge(s): Jonathon D. Crosby

   (ii) Successor judge(s): Sarah M. Moore

Rule 2-11 approved May 10, 2017; Rule 2-11 renumbered to Rule 2-10 and amended January 31, 2018; Rule 2-10 amended February 8, 2023.

      Pursuant to Neb. Rev. Stat. § 24-312, and by agreement of the Sarpy County District Court, the Sarpy County Court shall be granted the following limited power(s) in an effort to more efficiently administer the caseloads of the courts:

   A. To retain jurisdiction of a criminal matter until an Information has been filed by the Sarpy County Attorney, or an individual acting in such capacity, in District Court; and/or

   B. To hear cases involving domestic relations matters as defined in Neb. Rev. Stat. § 25-2740 and Class IV felony cases.

Rule 2-12 approved June 7, 2017; Rule 2-12 deleted and new Rule 2-11 approved January 31, 2018.

   Government has an ethical responsibility to ensure the safety of its constituents and jurisdiction, including the Courts of the Second Judicial District. It also has a legal obligation to operate in a prudent and efficient manner, even during an impending threat or following a disaster. The decision to invoke emergency modified court operations as well as the return to normal operations shall be made by the presiding judges of the district, county, and juvenile courts after consultation with local stakeholders. The designation to invoke emergency modified court operations or to return to normal operations shall be made on the initiative of said judges, who may consider whether there has been an implementation of the Continuity of Operations Management Program (COMP), as enacted by the Sarpy County Board of Commissioners or by the Cass County Board of Commissioners or Otoe County Board of Commissioners in relation to Otoe County Court operations. This COMP provides guidance to perform the court’s essential functions as part of a continuity of operations capability. Local stakeholders shall include but not be limited to the following: Second Judicial District Judges, District and County Court Clerks and Clerk Magistrates, County Board, local law enforcement (Chiefs of Police and Sheriffs), County Attorney’s Office, Public Defender’s Office, local Health Department, Probation, Corrections, and State and County Bar Leaders.

  When an event occurs that may require the implementation of Emergency Modified Court Operations, the presiding judges of the district court, county court, and the separate juvenile court shall convene. The judges will identify which court operations are to be modified to maintain essential court functions, including:

   1. Criminal proceedings;
   2. Receipt of filings;
   3. Processing of warrants;
   4. Juvenile intake/detention filings;
   5. Processing of appeals;
   6. Any proceedings required by law;
   7. Protection orders;
   8. Landlord/tenant proceedings; and
   9. Any other matters determined to be “essential” by the presiding judges.

   The Presiding Judges of the District Court and the Juvenile Court shall contact the Clerks of the District Court and the Administrative Office of the Nebraska Supreme Court concerning the event and the implementation of Emergency Modified Court Operations.

   The Presiding Judge of the County Court shall contact the Clerks of the County Courts concerning the event and the implementation of Emergency Modified Court Operations.

   The Public Information Director for the respective counties shall provide notification of the Emergency Modified Court Operations and the contingency plans to attorneys and the public as well as the return to normal operations. Said information shall also appear on counties’ and courts’ websites. If practical, the contingency plan shall also be posted outside the courthouse and, if available, outside the courtrooms. Presiding judges of respective courts will also keep staff who may interact with the public informed of modified operations.

   Depending on the reason for modified operations, the presiding judges shall utilize procedures to carry out essential court functions, including, but not limited to:

   1. Remote technology;
   2. Alternative sites for hearings;
   3. Alternative filing methods; and
   4. Physical access by the public.

  These procedures shall be reduced to writing and provided to the other judges of the district, including any subsequent modifications.

Approved April 19, 2023.

   A. It shall be presumed that all court proceedings in the District Court of the Second Judicial District will be conducted in person. However, in the event the courtroom has the necessary technology, court proceedings may be conducted by telephone, videoconferencing, or similar methods (“remote technology”) as follows:

   (1) In its discretion, the Court may permit a non-evidentiary hearing be conducted by remote technology.

   (2) By agreement of the parties who have entered an appearance and with permission of the Court, any evidentiary hearing may be conducted by remote technology.

   (3) In any civil case involving testimony of witnesses by oral examination where the parties disagree regarding the use of remote technology for a witness or witnesses, the parties shall avail themselves of the procedure set out in Neb. Rev. Stat. § 24-734(5).

   (4) If Emergency Modified Court Operations are in effect, the administrative orders authorized under Local Rule 2-12 of the Second Judicial District and issued by this respective court shall govern the use of remote technology for court proceedings.

   B. To schedule a court proceeding that is to be conducted by remote technology, the parties shall contact the Court’s bailiff at least 5 days prior to the hearing to receive instructions on how they shall proceed. The notice of hearing shall clearly state in bold print that the hearing will be held by remote technology. The parties requesting that the hearing be held remotely shall be responsible for making the arrangements for the hearing and for any expenses.

   C. For court proceedings conducted by remote technology, a party intending to offer exhibits shall provide the exhibits to the court reporter and all opposing parties 48 hours prior to the hearing, or as otherwise provided by law or the local court rules.

   D. This Rule is meant to be consistent with Neb. Rev. Stat. §§ 24-303(2) and 24-734(3) through (5).

   E. Supreme Court Rules governing courtroom decorum shall apply to court proceedings conducted by remote technology. Specifically, hearings held by a videoconference shall be conducted as if they were occurring in Court. Counsel and litigants shall remain muted unless directed otherwise by the Court. Proper attire and behavior are expected. Eating is prohibited during the hearing. Counsel and parties shall not conduct other business during the hearing. Unless using a cell phone for the hearing, it shall be silenced. The only people in the room shall be counsel, their client, and potentially a witness. No pets shall be in the room from where a videoconference is being conducted. Audio and video recording of the hearing is strictly prohibited.

   F. If the Court determines the quality of the remote hearing is not adequate for a full and fair hearing of the issues, the hearing will be rescheduled to a later date with counsel and the parties appearing in court.

Approved February 22, 2023.

   A. The District Court hears and will continue to hear Exceptions to the Reports and Recommendations of the Child Support Referee. These Exceptions involve the preparation of transcripts of the proceedings had by the Referee.

   B. That in the interest of judicial economy and to promote prompt resolution of Child Support Referee Exceptions, the following is established with regard to production of the transcript:

   (1) A party filing an exception shall deposit the sum of $150 with the Clerk of the District Court for the preparation of a transcript. This deposit shall be made at the time of filing the exception. Any amounts remaining after the preparation of the transcript shall be refunded to the depositing party or any additional amounts due after preparation of the transcript shall be collected from the depositing party.

   (2) Indigent persons who request and are granted in forma pauperis status shall not be required to pay a deposit for the preparation of the transcript.

   (3) A transcript of the proceedings shall be prepared and filed with the Clerk of the District Court within six (6) weeks of the deposit being paid. The court reporter preparing the transcript shall also submit an invoice for the costs of preparation to be paid from the deposit made by the litigant.

   (4) The Clerk of the District Court shall provide notice to the District Court that the transcript is prepared and the matter ready to proceed to hearing upon the filing of the transcript.

Rule 2-14 approved October 25, 2023.

(Since November 1999)

November 29, 2000, Amendments

Rule 3-7 Amended

Rule 3-9 Amended

Rule 3-15 Added

Appendix p.1 Amended with renumbering on p.2

Appendix p.  4 Amended

Appendix p.  10 Amended

Appendix pp.  14 - 23 Added

September 5, 2001, Amendment

Add Rule 3-2.F

January 9, 2003, Amendment

Rule 3-2  Amended

Rule 3-6  Amended

Rule 3-7  Amended

Rule 3-11  Amended

Appendix p. 13 Trial Notice Amended

June 2, 2004, Amendment

Add Rule 3-2.H

Rule 3-8  Typographical error corrected

Rule 3-9.B  Extraneous language deleted

Rule 3-9.C  Policy requiring parenting classes in certain situations made permanent

Rule 3-9.E  Permitting exceptions to Property Statement requirement

Rule 3-9.G  Added new section and the original 3-9.G is moved to 3-9.H

Rule 3-12  Moved to Rule 3-14 and Procedures for fee applications by Guardians ad litem are added

Rule 3-13  Deleted

Rule 3-15  Moved to Rule 3-13 and temporary rules previously contained in the Appendix are made a part of the Rules.  Language in this Rule has been amended to reflect that the temporary policy is now permanently adopted.

November 2006 Amendment

Rule 3-2.E  Delete

Rule 3-2.F through Rule 3-2.H are renumbered to 3-2.E through 3-2.G

Rule 3-2.H  Add

Rule 3-9.E(2)(b)  Delete reference to Wilson v. Wilson

Rule 3-9 final paragraph  Insert limitation on adding to witness list

Appendix

  Exhibit A  Insert Warning not to use account numbers

  Joint Property Statement  Insert Warning not to use account numbers and change references to Plaintiff and Defendant

  Social Security/Gender filing  Add

January 2008 Amendment

Rule 3-15  Added

Attachment D  Add birthdates for children

June 2010 Amendment

Rule 3-9  Amended

Rule 3-13  Amended

Rule 3-15  Amended

Rule 3-16  New rule re file retention

Rule 3-17  New rule re detainer cases

Appendix-Table of Forms   Amended

Appendix Forms

   Form 1  Form number added

   Form 2  Form number added

   Form 3-Parenting Time  Amended

   Form 4  Form number added

   Form 5  Form number added

   Form 6  Form number added

   Form 7  New form re Parenting Act compliance

September 2010 Amendments

Rule 3-2  Amended

Rule 3-15  Amended

Attachment D  Removed

March 2011 Amendments

Table of Contents  Added (not included in online version)

Rule 3-9  Amended

Appendix

   Form 7  Amended

   Form 8  Added

June 2013 Amendments

Rule 3-9  Amended

Rule 3-13  Amended

Appendix

   Form 7  Deleted

   Form 8  Renumbered as Form 7

Attachment A  Deleted

Attachment B  Deleted

Attachment C  Re-lettered as Attachment A

November 2014 Amendments

Rule 3-2  Amended

Rule 3-11  Amended

Rule 3-13.001 Added

Rule 3-15  Amended

September 2015 Amendments

Rule 3-13.001  Amended

Rule 3-15  Amended

September 2016 Amendments

Rule 3-15 Amended

October 2016 Amendments

Rule 3-9 Amended

Appendix Form 3 Amended

May 2017 Amendments

Rule 3-18 Added

February 2019 Amendments (approved May 1, 2019)

Rule 3-2 Amended and typographical error corrected

Rule 3-6 Deleted

Rule 3-6 New rule re attorney attire

Rule 3-9 Amended

Appendix:

Form 1 Amended and renamed

Form 2 Amended and renamed

Form 3 Amended and renamed

Form 7 Amended

Form 8 Added

July 2022 Amendments

Rule 3-2(C) Amended

Rule 3-2(G) Amended

Rule 3-2(H) Amended

Rule 3-2(I) Amended

Rule 3-11(G) Amended

Rule 3-14 Amended

Rule 3-15 Amended

Rules 3-18(5) Amended

Rule 3-21 Added

Appendix 8 Amended

July 2023 Amendments

Rule 3-18 Amended

   These rules for the District Court of the Third Judicial District (the court) shall become effective upon approval by the Supreme Court, and such approved rules shall be published on the Nebraska Judicial Branch website consistent with the Nebraska Supreme Court Rules.

Approved effective September 29, 1995; amended July 2022, approved September 21, 2022.

   There shall be one term of court, commencing on January 1 and ending on December 31 of each calendar year. No order shall be required to either open or close any term of court.

Approved effective September 29, 1995; amended December 23, 1999.

   A. When any motion requiring a hearing is filed, it shall be filed with a notice of hearing with a date, time, manner of hearing, and certificate of service with the Clerk of the District Court (Clerk) not less than 5 days prior to hearing, except by permission of the court.

   B. A time of hearing shall be secured by contacting the judge's bailiff. If it is impossible to secure a time for hearing, the motion may be filed, but a notice of hearing must be filed with a certificate of service promptly thereafter. Failure to file a notice of hearing and certificate of service within 10 days after filing a motion will be deemed an abandonment of the motion without further action by the court. Unless approved by the judge, a hearing date must be obtained for each motion, even if motions in the same case are already scheduled.

   C. Notice of said hearing shall be served at least three full days prior to said hearing. The notice may be served in any manner permitted by the rules of the Supreme Court. 

   D. When the court is acting as an appellate court, a motion to dismiss for lack of jurisdiction may be filed at any time after an appeal has been docketed.

   E. The inclusion of abusive or profane language in any petition or other pleading shall be considered by the court as "malicious" and result in the striking of such pleading, together with other sanctions which may include the denial or revocation of in forma pauperis status in the case and dismissal of the case.

   F. If a party files a motion under Neb. Ct. R. Pldg. § 6-1112(b)(6) intended to secure final disposition of the case without a trial, and the motion will require the admission of evidence beyond the pleadings, the moving party shall notify the opposing party of this intention and the parties shall follow the procedures applicable to motions for summary judgment.

   G.  Accompanying and separate and distinct from each decree of dissolution of marriage, order of paternity, or other child support order or order of modification of the same shall be an accompanying document in the format provided in Neb. Ct. R. § 6-1521(B) at Appendix 3, which shall contain necessary social security numbers, gender, and birthdates of each party and any minor child affected by the order.  The separate filing shall not be made available by the parties without further court order.  An image of the filing shall not be reproduced into any publicly-viewable location in Justice.  Social security numbers should not be contained in any other pleading filed with the court.  No pleading or other document filed with the court and no exhibit used at trial shall contain a complete account number for any financial accounts or debts of any party.  The same shall be redacted to the extent necessary to protect the information from misuse.  By agreement of the parties, or as directed by the court, such information shall be identified in such a manner as the parties, counsel, the court, and the jury may be able to distinguish information between similar accounts or debts, or as may be necessary to establish relevance to the matter being litigated.

   H. Once counsel is appointed by any court, or enters an appearance on behalf of a party, all filings and other communications with the court shall be through counsel, unless the court permits otherwise. Any documents or communications submitted to the court by a party who has counsel may be (a) returned unfiled to the sending party or (b) forwarded unfiled to the sending party’s counsel.

Approved effective September 29, 1995; amended effective December 23, 1999; Rule 3-2(F) amended September 19, 2001; Rule 3-2(G) amended January 3, 2003; Rule 3-2(H) amended July 14, 2004;  Rule 3-2(E) through (H) amended November 2006; Rule 3-2(H) amended September 9, 2010; Rule 3-2(H) amended November 26, 2014; amended February 2019, approved May 1, 2019; Rule 3-2(C), (G), and (H) amended July 2022, approved September 21, 2022.

   No continuances shall be allowed, except for good cause shown, upon motion or stipulation and affidavit, pursuant to Nebraska statutes, and any motion for a continuance shall request continuance to a date and time certain to be set by the court.

Approved effective September 29, 1995; amended December 23, 1999.

   Notice of a hearing for judgment or decree on default shall be given as provided for in Rule 3-2.

Approved effective September 29, 1995.

   To curtail undue delay in the administration of justice, the court shall refuse to consider any and all motions relating to discovery, unless moving counsel, as part of the motion, makes a written showing that after personal consultation with counsel for opposing party(ies) and reasonable efforts to resolve differences, counsel are unable to reach an accord. This showing shall recite, additionally, the date, time and place of such conference and the name of all participants. As used herein, "counsel" includes parties who are acting pro se.

Approved effective September 29, 1995. 

   Attorneys shall be attired in business wear while present in court, whether in the courtroom or in chambers.

   Unacceptable attire includes T-shirts, sleeveless tops such as tank tops, halter tops, spaghetti-strap tops, or any top that does not completely cover the midriff area, clothing which is excessively tight, low-cut, revealing, or sheer, shorts, denim, flip-flop sandals, slippers, Crocs, or tennis shoes (unless medically necessary).

   Business wear for women includes suits, dresses, skirts (extending below the fingertip), or dress slacks (Capri pants can be worn if they are no shorter than mid-calf length and are worn in the same manner as dress slacks, i.e., with a jacket or dress shirt). Dress shoes are required.

   Business wear for men includes suits, collared shirts and ties, and dress slacks worn with jackets. Dress shoes are required.

Approved effective September 29, 1995; Rule 3-6(A) amended January 3, 2003; original Rule 3-6 deleted and replaced, February 2019, approved May 1, 2019.

   A. No person, except the judges or the clerk, shall take from the courthouse or out of the office or possession of the clerk, any records, papers or files of the court pertaining to the causes therein, except by permission of the clerk, upon such conditions as the judges may impose. Any file so removed shall be returned to the clerk within 24 hours, unless otherwise ordered by a judge of the court.

   B. Any request for court records made to the clerk by an incarcerated person shall be made through the records manager of the institution at which the inmate is housed. If the request is granted by the court, the incarcerated person shall be provided with copies made at the direction of the court. Original court records, including bills of exceptions shall not be provided to an incarcerated person.

   C. Any damage, destruction, or alteration of an original court record, or any part thereof, by any pro se litigant requesting such record, whether he or she be incarcerated, may result in suspension of the privilege to check out original court records from the clerk.

   D. No one, other than an official court reporter, may take the bill of exceptions apart for any purpose, without written authorization from the court.

Approved effective September 29, 1995; Rule 3-7(B) and (C) amended December 20, 2000; Rule 3-7(B) amended January 3, 2003; Rule 3-7(D) amended January 3, 2003.

   A. As soon after filing of a case as is practicable, the court may enter an order of progression for the case. These orders may include:

   (1) A date when all depositions and discovery allowed by law shall be completed and foreclosing reopening, except upon order for good cause shown;

   (2) a date, time and place for pretrial conference; and

   (3) a date and time for trial.

   B. In the months of May and November of each year, or when otherwise directed by the court or any one of the judges, the clerk shall prepare a list of all pending civil cases and a list of all equity cases in which no action has been taken for six months prior thereto. An order shall then be entered requiring that cause be shown, within 30 days from the entry of said show cause order, as to why said cases shall not be dismissed for want of prosecution. Notice of said order shall be sent by mail to the attorney of record, or parties, if no attorney of record. If good cause is not shown, such cases shall be dismissed.

Approved effective September 29, 1995; amended December 23, 1999.

   A. Application. This Rule 3-9 shall apply to all cases classified by the State Court Administrator as a domestic case, including, without limitation, divorce; paternity; grandparent visitation; modification actions; any matter involving child custody, parenting time; or any matter governed by the Parenting Act.

   B. Hearings on Motions for Temporary Orders. Hearings on motions for temporary orders will be heard in chambers unless:

   (1) Otherwise ordered by the court;

   (2) Either party is pro se and present for the hearing; or

   (3) Either party or counsel requests the matter be heard in the courtroom.

   Whether the hearing is held in chambers or the courtroom:

   (1) A court reporter will be provided upon request by the court or either party; and

   (2) The hearing will be heard on affidavit(s) only unless otherwise ordered.

   C. Motion to Set for Trial. After defendant has filed a Voluntary Appearance or Answer or answer day has passed without response, either party may file a motion to set the case for trial.

   In cases involving custody or parenting time,  the moving party  shall state in the motion to set for trial and he/she has taken the parenting class required by statue and filed a certificate showing completion of the parenting class. If the filing party is requesting a waiver of said requirement, he/she shall state the basis for the waiver.

   In all cases in which a trial date is sought, the moving party shall state that mediation has been completed unsuccessfully. If the filing party is requesting a waiver of mediation, he/she shall state the basis for the waiver.

   A hearing on a motion to set for trial will not be had absent compliance with this rule.

   D. Hearing on Motion to Set for Trial. Each party shall bring a completed Pretrial Memorandum (See Appendix Form 1) to the hearing.

   The parties are under a continuing duty to update all information that is required to appear on the Pretrial Memorandum; however, no amendment may be made to a Pretrial Memorandum 5 or less days prior to trial without consent of the other party or leave of the court.

   E. Trial.

   (1) Unless otherwise ordered by the court:

   (a) If child support is at issue, each party shall submit to the court his/her proposed child support worksheet.

   (b) If custody or parenting time is at issue, each party shall submit to the court his/her proposed parenting plan.

   (c) If the division of property/debt is at issue, each party shall submit to the court his/her proposed balance sheet (see Appendix Form 2) identifying the assets and debts, providing a value for each, and his/her proposed division.

   (2) If custody or parenting time is at issue, joint physical and legal custody will be considered by the court.

   F. Child Support Guideline Calculations.

   (1) In all matters in which an order includes the setting of child support, a child support guideline calculation shall be completed by the party submitting the proposed order and attached to the proposed order.

   (2) If a deviation is proposed, pursuant to Neb. Ct. R. § 4-203, the proposed order shall contain specific findings and/or worksheet 5.

   G.  Parenting Plan. Each parenting plan submitted to the court shall contain a parenting time schedule which complies with the Parenting Act and shall set out, with specificity, parenting responsibilities and cooperation.

   (1) Holiday Parenting Time Schedule. Appendix Form 3 is a holiday parenting time schedule which, absent evidence otherwise, the court finds provides reasonable holiday parenting time in cases in which the parties are unable to agree otherwise.

   (2) Parenting Responsibilities and Cooperation. Appendix Form 4 contains the minimum parenting responsibilities and cooperation language that must be incorporated into each parenting plan.

   H. Exhibit 1. In the interests of preserving court time at the final hearing or trial, the parties shall offer evidence in the format of Exhibit 1 (see Appendix Form 7).

   I. Decrees and Final Orders. All decrees or orders on domestic relations matters that are submitted to the court for signature must contain as the last paragraph of the decree or order the following paragraph:

   To the extent there is any conflict between this Decree (Order) and any attachment or other document incorporated herein by reference, the language of this Decree (Order) shall supersede and control.

   J. Waiver of Hearing. If permitted by the judge to whom their case has been assigned, the parties may waive a final hearing pursuant to Neb. Rev. Stat. § 42-361 (dissolution) or § 42-361.01 (separation) using the Certificates of Waiver found at Appendix Form 8.

   K. Mediation. Unless waived by the court, in all cases governed by the Parenting Act, except those in which there are allegations of intimate domestic partner abuse or unresolved parental conflict as defined in Neb. Rev. Stat. § 43-2922, parties who have not executed an agreed upon Parenting Plan within 4 months after service of process or the filing of a voluntary appearance shall participate in mediation as set forth in the Parenting Act.

   For cases in which there are allegations of intimate domestic partner abuse or unresolved parental conflict as defined in Neb. Rev. Stat. § 43-2922, parties who have not executed an agreed-upon Parenting Plan within 4 months after service of process or the filing of a voluntary appearance shall participate in the specialized alternative dispute resolution process as set forth in the Parenting Act unless waived by the court. The parties shall also participate in the specialized alternative dispute resolution process when referred there by a mediator.

   Mediation or the alternative dispute resolution process shall be conducted by a person who qualifies as a Parenting Act mediator or approved specialized mediator as set forth in the Parenting Act and proceed under the standards of practice set forth in the Parenting Act and/or adopted by the State Court Administrator.

   If a party fails to appear for mediation or the specialized dispute resolution process or fails to meaningfully participate in mediation or the specialized dispute resolution process, the court may impose sanctions including without limitation, dismissing the case for want of prosecution, assessing attorney fees and expenses incurred for trial and trial preparation, limiting the presentation of evidence, and such other sanction as may appear fair and just under the circumstances.

   L. Specialized Alternative Dispute Resolution Process. The specialized alternative dispute resolution process shall begin with each parent meeting individually with a qualified mediator who shall educate each party about the process. The parties shall be allowed to have support persons attend sessions with them. The approved specialized mediator may establish such protocols for the process as he or she deems reasonable to protect the safety of any party, including a requirement that there be separate individual sessions for each party. Specialized alternative dispute resolution shall not proceed unless the parties are informed of the process, including any safety protocols that will be in effect and informed consent to proceed is obtained from both parties in writing.

   M. Waiver and Opt-Out. The court may waive the requirement for mediation or permit the parties to opt-out of the specialized alternative dispute resolution process when

   (1) there is good cause shown and the parents agree and such parental agreement is bona fide and not an attempt to avoid the purposes of the Parenting Act; or

   (2) for good cause shown and when mediation or the specialized alternative dispute resolution process is not possible without undue delay or hardship to either parent.

   Upon the filing of a motion for waiver or opt-out, the court shall hold a hearing on affidavits. The burden of proof shall be by clear and convincing evidence and rests with the party seeking the waiver or opt-out.

   N. Disqualification. If a party believes there is good cause to disqualify or preclude another party from participating in the alternative dispute resolution process, that party may file a motion for disqualification or preclusion. After notice and a hearing on affidavits, the court, for good cause shown, may disqualify or preclude a party from participating.

 Approved effective September 29, 1995; amended December 23, 1999; Rule 3-9(F) amended December 20, 2000; Rule 3-9(G) amended July 14, 2004; Rule 3-9(H) amended July 14, 2004; Rule 3-9(E) amended November 2006; Rule 3-9 amended June 23, 2010; Rule 3-9 amended March 23, 2011; Rule 3-9 amended June 12, 2013; Rule 3-9(F)(a) amended October 12, 2016; amended February 2019, approved May 1, 2019.

   A. Application. This Rule 3-10 shall apply to all civil cases except those referred to in Rule 3-9.

   B. Progression Order. After either (1) the case is at issue or (2) "answer day" has passed without response, the court may enter a case progression order on its own motion or at the request of a party. The progression order may include the mandatory exchange of information, discovery deadlines, provision for disclosure of expert witnesses, the date of the pretrial conference, the trial term at which the case will be tried or the trial date, together with such other provisions as the court may deem appropriate.

   C. Filing of Trial Notice. When a case is at issue and there is no progression order entered, counsel may file with the clerk of the court a Trial Notice on the form contained in the Appendix to these rules. A copy of the Trial Notice shall be submitted to the judge to whom the case is assigned. The notice shall be simultaneously served on all opposing counsel of record.

D. Objection to Trial Notice. An objection to a Trial Notice shall be filed within 10 days of the date of service of the Trial Notice. The objection shall set forth with specificity the reasons for the objection and a statement of the objector's opinion of when the case will be ready for trial.

Approved effective December 23, 1999.

   A. Intent. The court finds that matters relating to the establishment, modification, enforcement and collection of child/spousal support and to paternity matters should be handled by the court in an expeditious manner, so that parties may obtain needed orders and other action as quickly as possible. It is determined that the appointment of a child support referee is necessary to aid the court in meeting the case progression standards established by Nebraska Supreme Court rule and federal law.

   B. Appointment. Each referee shall be appointed by order of the judges of the court and shall be an attorney in good standing admitted to the practice of law in the State of Nebraska. The referee shall be sworn or affirmed, and the oath for judicial officers shall be administered by the presiding judge of the court. The referee may be removed at any time by the court.

   C. Duties. The referee shall hear matters pertaining to (1) the establishment, modification, enforcement and collection of child/spousal support; (2) paternity; and (3) all other matters permitted by law and assigned by the court. The referee shall have the power to summon and enforce the attendance of parties and witnesses, administer all necessary oaths, supervise pretrial preparation pursuant to the rules of discovery, grant continuances and adjournments, recommend the appointment of counsel for indigent parties and carry out any other duties permitted by law and assigned by the district court. The functions performed by the referee under expedited processes shall, at a minimum, include: (1) taking testimony and establishing a record; (2) evaluating evidence and making recommendations to establish and enforce orders; (3) accepting voluntary acknowledgment of support liability and stipulated agreements setting the amount of support and accepting voluntary acknowledgments of paternity; and (4) recommending default orders, if absent parents fail to respond with in the time specified by law.

   D. Safeguards. Under the expedited processes established by this court rule:

   (1) The due process rights of the parties shall be protected.

   (2) The parties must be provided a copy of the recommendation of the referee and the ratified order.

   (3) To be enforceable, the referee's recommendations must be entered as an order by a judge.

   (4) If a case involves complex issues requiring judicial resolution, a temporary support obligation shall be recommended under these expedited processes and the unresolved issues shall be referred to the court.

   E. Hearings. A hearing before a referee shall be conducted in the same manner as a hearing before the court. Testimony in such matters shall be preserved by tape recording or other prescribed measures and in accordance with prescribed standards. Transcripts of all hearings shall be available upon request and all costs of preparing the transcript shall be paid by the party for whom it is prepared, unless he or she has been determined to be indigent.

   F. Findings and Recommendations. Upon the hearing of a matter, the referee shall prepare, in writing, his or her findings and recommendations to the parties or their attorneys and submit a report to the court containing findings of fact and recommendations and any and all exceptions.

   G. Judicial Review. In all cases referred to a referee, the parties shall have the right to file an exception within 14 days of the date of the referee's Findings and Recommendations. The exception shall be accompanied by a praecipe requesting the preparation of the bill of exceptions of the proceedings before the referee. The hearing before the court on the exception to the referee's Findings and Recommendations shall be de novo on the record before the referee. The court may ratify or modify the recommendations of the referee and enter judgment based thereon. If no exception is filed, the court shall proceed to consider the referee's Findings and Recommendations and render a final order without further notice or hearing.

   H. Case Progression. Actions to establish or enforce support obligations and/or paternity shall be completed in accordance with state and federal law.

Approved effective September 29, 1995; amended December 23, 1999; Rules 3-11(C) and (G) amended January 3, 2003; Rule 3-11(G) amended November 26, 2014; Rule 3-11(G) amended July 2022, approved September 21, 2022.

   Any civil or criminal case in which a jury is waived or which is to be tried to the court and which is expected to take 1 day or less to try may be assigned by the court to a Trial Term. A Trial Term is a period of time determined by each judge during which more than one case will be scheduled for trial. By order of the judge to whom the case is assigned, other requirements governing the progression of the case may be imposed. Cases assigned to a Trial Term for trial shall proceed to trial as follows:

   (1) All counsel and persons having cases set for trial during a Trial Term shall be ready for trial whenever called during the next and all subsequent trial terms.

   (2) The judge's bailiff will maintain a current list of cases set for trial during that judge's Trial Terms. Cases set for trial during a Trial Term will be called up for trial in the order in which they are listed thereon.

Approved effective December 23, 1999; renumbered from 3-14 to 3-12 and amended July 14, 2004 (original Rules 3-12 and 3-13 deleted July 14, 2004).

   A. Applicability. These rules shall apply in every criminal proceeding in which the laws of the United States or the laws of the State of Nebraska establish a right to be represented by counsel. All parties who have a right to be represented by an attorney, including juveniles, shall have their eligibility for appointment of an attorney at public expense determined in conformance with these rules.

   B. Definition of Terms. The following definitions shall be applied in connection with these rules:

   (1) "Anticipated Cost of Counsel" shall mean the cost of retaining private counsel for representation on the matter before the court, as estimated by the court with reference, when applicable, to actual fees and retainers quoted for representation in the case by attorneys who practice in the area.

   (2) "Available Funds" shall mean a party's "liquid assets" and "disposable net monthly income" calculated after provision is made for the party's bail obligations. For the purpose of determining "available funds," the following definitions shall apply:

   (3) "Basic Living Costs" shall mean the average amount of money spent each month for reasonable payments, including loan payments, toward living costs such as shelter, food, utilities, health care, transportation, clothing, education and child support, alimony, or other support payments.

   (4) "Disposable Net Monthly Income" shall mean the income remaining each month after deducting amounts paid for income taxes, Social Security taxes, contributory retirement, union dues, and basic living costs.

   (5) "Income" shall mean salary, wages, interest, dividends, rental income, and other earnings and cash payments such as amounts received from pensions, annuities, Social Security, and public assistance programs, and child support, alimony, and other support payments.

   (6) "Liquid Assets" shall mean all real and personal property that is cash or that can be reasonably converted into cash, including pensions, deferred compensation plans, and individual retirement plans, cash on hand, funds provided by friends and relation for the purpose of providing legal services, savings accounts, stocks, bonds, certificates of deposit, and equity in any real or personal property. Any motor vehicle necessary to maintain employment shall not be considered a liquid asset.

   (7) "Indigent," for purposes of this rule, shall mean:

   (a) A party who is:

   (i) Receiving one of the following types of public assistance: Aid to Families with Dependent Children (AFDC), Emergency Aid to Elderly, Disabled and Children (EAEDC), poverty related veteran's benefits, food stamps, refugee resettlement benefits, Medicaid, Supplemental Security Income (SSI), or County General Assistance Funds; or

   (ii) Receiving an annual gross income of 125% or less of the current federally established poverty level; or

   (iii) Residing in a public mental health facility or is the subject of a proceeding in which admission or commitment to such a facility is sought, provided that where the County Board of Mental Health or the Judge has reason to believe the party is not indigent, a determination of indigency shall be made in accordance with these Rules; or

   (iv) Serving a sentence in a correctional institution and has no available funds; or

   (v) Held in custody in jail and has no available funds; or,

   (b) A party who the court determines is unable to retain legal counsel without prejudicing the party's ability to provide economic necessities for the party or the party's family based on a comparison of the party's available funds and anticipated cost of counsel.

   (8) "Party" shall mean a defendant, including a juvenile, in a criminal proceeding, in which a person has a right to counsel.

   C. Judicial Advisement of the Right to Counsel. Whenever a party initially appears before the court without an attorney in any criminal proceeding where the right to counsel attaches, the judge shall advise the party, or if the party is a juvenile or is under guardianship, the party and a parent or legal guardian, where appropriate, that (1) the party has a right to be represented by an attorney in the proceeding and (2) if the court determines that the party, or the party's parent or guardian where appropriate, wants, but cannot afford, the services of an attorney, that an attorney will be provided at public expense.

   D. Affidavit of Indigency. A party who desires to proceed as an indigent with an attorney appointed by the court may be required to complete an affidavit under oath concerning his or her financial resources on a form consistent with Attachment A to the Comments associated with this Rule appearing in the Appendix Form 6 to these Rules. The affidavit shall require the party to list all financial resources relevant to a determination of indigence. The party shall be advised of the penalties for perjury.

   E. Determination of Indigency. If the court finds that the party has not effectively waived his or her right to counsel, and the party has not arranged to obtain counsel, the court may receive the affidavit of indigency and may question the party under oath. After reviewing the information contained in the affidavit and, if applicable, the party's testimony, the court may determine whether the party is indigent based on § B(7)(a), indigent based on § B(7)(b), or not indigent. The court first shall determine whether a party is indigent based on § B(7)(a). If the court finds that a party is not indigent under § B(7)(a), the court shall next determine whether the party is indigent under § B(7)(b). If the court finds the party indigent, it shall make its findings part of the court record.

   F. Assignment of Counsel/Notice of Assignment. If the court finds that a party is indigent, the court shall appoint an attorney to provide representation for the party and enter an Order for Appointment of Counsel. The order shall include the name of the attorney assigned to represent the party or shall note the office of the public defender was appointed.

   G. Review of Indigency Determination. A party's indigency status may be reviewed in a formal hearing at any stage of a court proceeding if additional information regarding financial circumstances becomes available to the court. A party has a right to reconsideration in a formal hearing of the findings and conclusions regarding the party's indigency.

   H. Solicitation for Payment of Cost of Counsel. While determined to be indigent, a party may not be ordered, required, or solicited to make any payment toward the cost of counsel.

   I. Inadmissibility of Information Obtained From Party. No information provided by a party pursuant to this rule may be used in any criminal or civil proceeding against the party except, in a prosecution for perjury or contempt committed in providing such information or in an attempt to enforce an obligation to reimburse the state for the cost of counsel.

Approved July 14, 2004; amended June 23, 2010; amended June 12, 2013.

   A. Authority. Pursuant to Neb. Ct. R. §§ 6-1525 and 6-1467, the judges of the District and County Courts of Lancaster County (the Courts) adopt this rule to appoint counsel for any person who is financially unable to obtain representation in felony and misdemeanor cases pursuant to Neb. Rev. Stat. §§ 29-3901 to 29-3908 and §§ 29-3001 to 29-3004 (Reissue 2008 and Cum. Supp. 2012).

   B. Statement of Policy. This rule shall be administered so that those eligible for services pursuant to Neb. Rev. Stat. §§ 29-3901 to 29-3908 and §§ 29-3001 to 29-3004 (Reissue 2008 and Cum. Supp. 2012) will not be deprived of representation because they are financially unable to pay for representation. The further objective of this rule is to particularize the process for court appointments in Lancaster County, Nebraska.

   C. Appointment of Private Attorneys. The Lancaster County Public Defender’s Office shall have first priority to be appointed for any indigent defendant in all criminal cases within the county. In those cases where the Lancaster County Public Defender’s Office has a conflict and the case is one where the Nebraska Commission on Public Advocacy may be appointed, the Nebraska Commission on Public Advocacy will have priority for appointment. This rule establishes the process for the appointment of private attorneys to represent indigent defendants when the Public Defender and Nebraska Commission on Public Advocacy are not available. The rules for the composition, administration, and management of the panel of private attorneys pursuant to Neb. Ct. R. §§ 6-1525 and 6-1467 are set forth below.

   D. Duties of Appointed Counsel. Attorneys appointed shall conform to the highest standards of professional conduct. Neb. Ct. R. of Prof. Cond. § 3-501.1 requires a lawyer to provide competent representation to a client. Competent representation requires the legal knowledge, skill, thoroughness, preparation, and judgment reasonably necessary for the representation. If an attorney cannot properly represent a defendant on his/her charge(s), the attorney has a duty to decline appointment or withdraw from the case.

   E. Composition of Panel. The panel of eligible attorneys shall consist of a list of all licensed attorneys who have requested and are willing to accept appointments in criminal cases in the district. The list shall include the name, Nebraska bar number, office address, telephone number, and email address of each attorney. The Lancaster County Court Appointment Coordinator shall maintain the list, and the information concerning the members of the panel (name, bar number, address, telephone, and email only) shall be open for public inspection upon request.

   Attorneys who serve on the panel must be members in good standing of the Nebraska State Bar Association, are expected to demonstrate experience and knowledge of the Nebraska Rules of Criminal Procedure and the Nebraska Rules of Evidence, and must display skill in representation and trial advocacy. Members of the panel shall serve indefinitely and continuously at the pleasure of the Courts.

   F. Procedure for Appointments. The Lancaster County Court and District Court use computer software which automatically selects attorneys for case appointment in an efficient and unbiased manner. Appointments from the panel will be made on a rotational basis, subject to the court’s discretion to make exception due to the nature and complexity of cases.

   To facilitate the procedure and to ensure quality representation of indigent defendants in all types of cases, the panel of court appointed attorneys will be divided into the following categories of appointment:

❑ Homicide-(Murder 1 or 2) & Felony 1 Cases                  ❑ Misdemeanor Cases

❑ Felony 2 and 2A Cases                                                                     ❑ Traffic-DUI Cases

❑ Felony 3, 3A, and 4 Cases                                           

   G. Request for Appointment. To be considered for appointment to the panel, a private attorney shall complete the form entitled “Appointment Request Form” (Appendix A) and shall file it with the Lancaster County Court Appointment Coordinator. The County and/or District Court judges will review the request and place the attorney on the list in the appropriate category/categories. In the event a decision is made that the attorney is placed in a category or categories different than those requested, he or she will be notified in writing. If an attorney disputes their category placement, he/she may submit their reason for such dispute. The dispute will then be considered by the County and/or District Court judges and a decision, made by a majority of the County and/or District Court judges will be provided to the attorney, in writing. Any private attorney on the panel may request to be removed from the panel at any time by sending a letter to the Lancaster County Court Appointment Coordinator, 575 South 10th Street, Lincoln, NE 68508, or by sending an email to nsc.lancaster.cc@nebraska.gov.

   H. Maintenance of Panel. An attorney may be removed or suspended as appropriate, from one or more appointment categories by a majority decision of the County and/or District Court judges (depending upon the category). If an attorney is removed or suspended, he/she will be notified in writing. If an attorney disputes removal or suspension, he/she may respond by submitting a reason for the dispute and a current resume to the Court at the address or email in Paragraph G above. Reinstatement will then be considered by the County and District Court judges.

   I. Effective Date. This rule shall become effective January 1, 2015.

Approved November 26, 2014, effective  January 1, 2015; (F) amended September 23, 2015.

   Before the claim of any attorney appointed by the court in a criminal matter is allowed, such attorney shall make a written application as provided in Neb. Ct. R. § 6-1525(D). Before the claim of any court-appointed guardian ad litem is allowed, such guardian ad litem shall make a written motion that complies with Neb. Ct. R. § 6-1525(D). If the purpose of the motion is to secure an order requiring Lancaster County to compensate the guardian ad litem, the motion shall be set for hearing with notice given to the Lancaster County Attorney as it is given to any other party.

Approved July 14, 2004; amended June 12, 2013; amended July 2022, approved September 21, 2022.

(Approved December 19, 2012; amendments approved October 15, 2014.)

   Please see Neb. Ct. R.  §§ 6-2001 through 6-2005.

Approved effective January 29, 2008; amended October 21, 2008; amended June 23, 2010; amended September 9, 2010; amended October 16, 2013; amended November 26, 2014; amended September 23, 2015; amended September 21, 2016; amended July 2022, approved September 21, 2022.

   Court files, exhibits, court reporter notes and/or tapes/disks, and any and all other documents and records under the control of the Clerk of the District Court, even for storage purposes, relating to a criminal case are not to be destroyed so long as a defendant is under the custody of the Nebraska Department of Correctional Services (i.e., in custody or on parole) or subject to lifetime community supervision by the Office of Parole Administration. If a question arises about whether a file or documents relating to a particular criminal case older than 20 years should be destroyed, the judge to whom the case is assigned or, if not specifically assigned to a sitting judge, then the sentencing judge's successor, should be asked about the status of the case. (If there is not a successor judge, the case should be randomly reassigned and presented to the judge to whom it is assigned.)

Approved June 23, 2010.

   It is the intent of the judges that a detainer case be set for the next available jury term of the assigned judge at the time of arraignment. Therefore, if a person makes a request for disposition of untried charges under either the Agreement on Detainers, Neb. Rev. Stat. § 29-759, or the provisions addressing disposition of untried charges, Neb. Rev. Stat. § 29-3801 et seq., the county attorney shall promptly notify the judge to whom the case is assigned. If the request was made while the case was pending in county court the judge shall be notified when the case is bound over to district court.

Approved June 23, 2010.

   A. Rules for operation of problem-solving courts in the Third Judicial District.

   (1) All problem-solving courts, also denominated as specialty courts, and alternative disposition courts, shall be operated pursuant to and in compliance with chapter 6, article 12, of the Nebraska Supreme Court Rules regarding trial courts.

   (2) Before commencing any operations, all problem-solving courts to be operated in the Third Judicial District shall be approved by the Nebraska Supreme Court.

   B. Presiding judge; assignment of judges; and succession plan for problem-solving court judges.

   (1) The Third Judicial District's Problem-Solving Court programs shall be presided over by a district judge selected by the district court judges of the Third Judicial District.

   (2) The presiding judges so appointed shall serve in any or all of the divisions of the problem-solving court and may serve under a temporary or permanent assignment. A permanently assigned judge shall serve a term of not less than 3 consecutive years. A temporary judge assignment shall not exceed 1 year and shall be a transitional or interim position.

   (3) Prior to assuming the position of a problem-solving court judge, or as soon thereafter as is practical, the assigned judge shall attend a judicial training program administered by the National Drug Court Institute or other training program approved by the State's Problem-Solving Court Coordinator. At least every 3 years after the initial training, each problem-solving court judge shall attend training events complying with the Nebraska Problem-Solving Court standards.

   (4) On or before May 1, 2017, and every 3 years thereafter, the district court judges of the Third Judicial District, with the consent of the assigned judge, shall designate a successor judge who shall immediately succeed the presiding judge in the event of the presiding judge's death, disability, retirement, resignation, removal, elevation to another court, or failure to be retained. Such successor judge shall attend training in advance of service, pursuant to subsection (4) above, in order to allow the successor judge to immediately assume the position of presiding problem-solving court judge upon the occurrence of a vacancy.

   (5) As of the date of adoption, the following judges shall preside in the district's problem-solving courts:

   (a) Adult Drug Court

   (i) Presiding judge(s): Andrew R. Jacobsen and (retired judge) John Colborn

   (ii) Successor judge(s): Lori A. Maret, Susan I. Strong, Ryan S. Post, or Matthew O. Mellor

   (b) Veterans Treatment Court

   (i) Presiding judge(s): Kevin R. McManaman and (retired judge) John A. Colborn

   (ii) Successor judge(s): Lori A. Maret, Susan I. Strong, Ryan S. Post, or Matthew O. Mellor

   (c) DUI Court

   (i) Darla S. Ideus and (retired judge) John A. Colborn

   (ii) Successor judge(s): Lori A. Maret, Susan I. Strong, Ryan S. Post, or Matthew O. Mellor

   (d) Reentry Courts: none in operation

   (e) Mental Health Courts: none in operation

Rule 3-18 approved May 17, 2017; amended July 2022, approved September 21, 2022; approved September 6, 2023.

   The following rule has been jointly adopted by the County Court, District Court, and Separate Juvenile Court in Lancaster County, Nebraska, and sets out the procedures governing emergency modified court operations in this district.

   1. Emergency modified court operations will be implemented when an emergency exists, arises, or is declared that substantially impairs the ability of the courts to operate or that jeopardizes the health and safety of persons who work in or utilize the courts in a manner that cannot otherwise be managed without significant modifications to court operations.

   2. The decision to implement emergency modified court operations as well as the decision to return to normal operations will be made collectively by the presiding judges of the District Court, County Court, and Separate Juvenile Court of Lancaster County (the “Emergency Committee”) after consultation with the judges of those courts and, when appropriate, consultation with public health and safety partners which may include, but is not limited to, Emergency Management, Lincoln/Lancaster County Health Department, Nebraska Department of Health and Human Services, and state/local law enforcement agencies.

   3. In addition to the judges, other stakeholders to be included in any planning and implementation of modified court operations may include, but is not limited to: the Clerk of the District Court, the Clerk of the County Court, District Court Administrator, County Court Administrator, Juvenile Court Administrator, Lancaster County Sheriff’s Office, including courthouse security personnel, Lincoln Police Department, Lancaster County Board of Commissioners, Lincoln/Lancaster County Building Commission, Lancaster County Corrections, Nebraska Department of Correctional Services, Lancaster County Attorney, Lancaster County Public Defender, Lincoln City Attorney, Lancaster County Youth Detention Center, Lincoln/Lancaster County Health Department, Nebraska Department of Health and Human Services, Probation Administration, Emergency Management, State and Local Information Services.

   This list of stakeholders is not exhaustive. Others may be added and/or consulted as the need arises.

   4. It will be the duty of the presiding judge of the District Court to coordinate and facilitate communication with the group of justice stakeholders to develop and implement any emergency modified court operations plan. This single point of contact for facilitating and coordinating information and communication is intended to streamline efforts to develop and implement any necessary modifications to court services, communicate those modifications to stakeholders, as well as to plan, implement, and communicate when normal operations may resume.

   5. Any modified court operations plan will, at a minimum, consider and address the following mission essential functions:

   a. District and County Court arraignments, including those for people in custody;

   b. District and County Court bond reviews, including those for people in custody;

   c. Appointment of counsel;

   d. Protection orders, including how applicants will apply and how to hold hearings;

   e. Ex parte motions;

   f. Clerk’s accepting/processing new cases and new pleadings;

   g. Pleas and sentencings, including for those who are in custody;

   h. Landlord/Tenant cases;

   i. Probate and adoption cases;

   j. Civil and criminal jury trials in District and County Court;

   k. Processing probable cause affidavits;

   l. Processing arrest/search warrants;

   m. Juvenile emergency custody/detention hearings;

   n. Providing public access to the courts;

   o. Receipt, deposit, and accounting for money paid to the court;

   p. Appeals;

   q. Habeas Corpus petitions;

   r. Injunctions;

   s. Mental Health Board proceedings;

   t. Establishment and enforcement of child support; and

   u. Competency hearings.

   6. When emergency modified court operations are implemented or discontinued, court users and the public will be notified by the presiding judge of the District, County, and Juvenile Court issuing notice and copies of the modified court operations plans to:

   a. Local print and broadcast media,

   b. The Nebraska Bar Association,

   c. The Lincoln Bar Association,

   d. The Administrative Office of the Courts and Probation,

   e. The Clerks of the District and County Courts,

   f. By posting in the Hall of Justice,

   g. State and local law enforcement agencies,

   h. County Corrections, Juvenile Detention, and Nebraska Department of Correctional Services,

   i. Local Adult and Juvenile Probation,

   j. And by any other means likely to reach those in need of such information.

Rule 3-19 approved March 16, 2022.

   The following rule has been jointly adopted by the County Court, District Court, and Separate Juvenile Court in Lancaster County, Nebraska, and sets out the procedures governing emergency modified court operations in this district.

   1. Emergency modified court operations will be implemented when an emergency exists, arises, or is declared that substantially impairs the ability of the courts to operate or that jeopardizes the health and safety of persons who work in or utilize the courts in a manner that cannot otherwise be managed without significant modifications to court operations.

   2. The decision to implement emergency modified court operations as well as the decision to return to normal operations will be made collectively by the presiding judges of the District Court, County Court, and Separate Juvenile Court of Lancaster County (the “Emergency Committee”) after consultation with the judges of those courts and, when appropriate, consultation with public health and safety partners which may include, but is not limited to, Emergency Management, Lincoln/Lancaster County Health Department, Nebraska Department of Health and Human Services, and state/local law enforcement agencies.

   3. In addition to the judges, other stakeholders to be included in any planning and implementation of modified court operations may include, but is not limited to: the Clerk of the District Court, the Clerk of the County Court, District Court Administrator, County Court Administrator, Juvenile Court Administrator, Lancaster County Sheriff’s Office, including courthouse security personnel, Lincoln Police Department, Lancaster County Board of Commissioners, Lincoln/Lancaster County Building Commission, Lancaster County Corrections, Nebraska Department of Correctional Services, Lancaster County Attorney, Lancaster County Public Defender, Lincoln City Attorney, Lancaster County Youth Detention Center, Lincoln/Lancaster County Health Department, Nebraska Department of Health and Human Services, Probation Administration, Emergency Management, State and Local Information Services.

   This list of stakeholders is not exhaustive. Others may be added and/or consulted as the need arises.

   4. It will be the duty of the presiding judge of the District Court to coordinate and facilitate communication with the group of justice stakeholders to develop and implement any emergency modified court operations plan. This single point of contact for facilitating and coordinating information and communication is intended to streamline efforts to develop and implement any necessary modifications to court services, communicate those modifications to stakeholders, as well as to plan, implement, and communicate when normal operations may resume.

   5. Any modified court operations plan will, at a minimum, consider and address the following mission essential functions:

   a. District and County Court arraignments, including those for people in custody;

   b. District and County Court bond reviews, including those for people in custody;

   c. Appointment of counsel;

   d. Protection orders, including how applicants will apply and how to hold hearings;

   e. Ex parte motions;

   f. Clerk’s accepting/processing new cases and new pleadings;

   g. Pleas and sentencings, including for those who are in custody;

   h. Landlord/Tenant cases;

   i. Probate and adoption cases;

   j. Civil and criminal jury trials in District and County Court;

   k. Processing probable cause affidavits;

   l. Processing arrest/search warrants;

   m. Juvenile emergency custody/detention hearings;

   n. Providing public access to the courts;

   o. Receipt, deposit, and accounting for money paid to the court;

   p. Appeals;

   q. Habeas Corpus petitions;

   r. Injunctions;

   s. Mental Health Board proceedings;

   t. Establishment and enforcement of child support; and

   u. Competency hearings.

   6. When emergency modified court operations are implemented or discontinued, court users and the public will be notified by the presiding judge of the District, County, and Juvenile Court issuing notice and copies of the modified court operations plans to:

   a. Local print and broadcast media,

   b. The Nebraska Bar Association,

   c. The Lincoln Bar Association,

   d. The Administrative Office of the Courts and Probation,

   e. The Clerks of the District and County Courts,

   f. By posting in the Hall of Justice,

   g. State and local law enforcement agencies,

   h. County Corrections, Juvenile Detention, and Nebraska Department of Correctional Services,

   i. Local Adult and Juvenile Probation,

   j. And by any other means likely to reach those in need of such information.

Approved March 22, 2023.

   A. It shall be presumed that all court proceedings in the Third Judicial District will be conducted in person. However, court proceedings may be conducted by telephone, videoconferencing, or similar methods (“remote technology”) as follows:

   1. In its discretion, the Court may order that a court proceeding not involving testimony of witnesses by oral examination be conducted by remote technology.

   2. By agreement of the parties, and with permission of the Court, any court proceeding may be conducted by remote technology.

   3. In any civil case involving testimony of witnesses by oral examination where the parties disagree regarding the use of remote technology for a court proceeding, the parties shall avail themselves of the procedure set out in Neb. Rev. Stat. § 24-734(5).

   4. If Emergency Modified Court Operations are in effect, the administrative orders recommended by the Emergency Committee for the Third Judicial District and issued by the respective courts shall govern the use of remote technology for court proceedings.

   B. To schedule a court proceeding that is to be conducted by remote technology, the parties shall contact the appropriate court representative (i.e., Bailiff, Judicial Assistant, etc.) to receive instructions and, if necessary, a case-specific invitation to participate in the court proceeding.

   C. For court proceedings conducted by remote technology, a party intending to offer exhibits shall provide the exhibits to the court reporting personnel and all opposing parties in a timely manner prior to the hearing, or as otherwise provided by law. Exhibits shall be in PDF format unless approved in advance by the court reporting personnel. Exhibits or affidavits that exceed an aggregate total, often (10) pages, shall be submitted to the Court in hard copy.

   D. Supreme Court Rules and Local Rules of the Third Judicial District governing courtroom decorum and participation by videoconferencing shall apply to court proceedings conducted by remote technology.

Approved February 8, 2023.

  A. It shall be presumed that all court proceedings in the Third Judicial District will be conducted in person. However, court proceedings may be conducted by telephone, videoconferencing, or similar methods (“remote technology”) as follows:

   1. In its discretion, the Court may order that a court proceeding not involving testimony of witnesses by oral examination be conducted by remote technology.

   2. By agreement of the parties, and with permission of the Court, any court proceeding may be conducted by remote technology.

   3. In any civil case involving testimony of witnesses by oral examination where the parties disagree regarding the use of remote technology for a court proceeding, the parties shall avail themselves of the procedure set out in Neb. Rev. Stat. § 24-734(5).

   4. If Emergency Modified Court Operations are in effect, the administrative orders recommended by the Emergency Committee for the Third Judicial District and issued by the respective courts shall govern the use of remote technology for court proceedings.

   B. To schedule a court proceeding that is to be conducted by remote technology, the parties shall contact the appropriate court representative (i.e., Bailiff, Judicial Assistant, etc.) to receive instructions and, if necessary, a case-specific invitation to participate in the court proceeding.

   C. For court proceedings conducted by remote technology, a party intending to offer exhibits shall provide the exhibits to the court reporting personnel and all opposing parties in a timely manner prior to the hearing, or as otherwise provided by law. Exhibits shall be in PDF format unless approved in advance by the court reporting personnel. Exhibits or affidavits that exceed an aggregate total, often (10) pages, shall be submitted to the Court in hard copy.

   D. Supreme Court Rules and Local Rules of the Third Judicial District governing courtroom decorum and participation by videoconferencing shall apply to court proceedings conducted by remote technology.

Approved October 26, 2022.

   The following rule sets out procedures in this district governing appeals from the county court and proceedings for review under the Administrative Procedure Act.

   A. Briefs

   (1) Unless otherwise ordered by the court, the briefs listed below must be filed within the times stated in these rules. Requests for additional time to file briefs shall be supported by a showing of good cause.

   (a) Appellant’s or Petitioner’s brief must be served and filed within 30 days after the date the bill of exceptions is filed in the district court as provided in Neb. Ct. R. § 6-1518. If no request for preparation of a bill of exceptions is filed, Appellant’s or Petitioner’s briefs must be served and filed within 30 days after the transcript is filed in the district court, unless the court directs otherwise.

   (b) Appellee’s or Respondent’s brief must be served and filed within 30 days after the Appellant or Petitioner has served and filed briefs.

   (c) Appellant’s or Petitioner’s reply brief must be served and filed within 10 days after Appellee or Respondent has served and filed briefs.

   B. Oral argument.

   (1) A time of hearing shall be secured by contacting the judge’s bailiff. Notice of said hearing shall be mailed or personally delivered to opposing counsel or party, if not represented by counsel, on or before the date Appellant’s or Petitioner’s brief is served and filed.

   (2) Unless ordered by the court, no oral argument is allowed in any appeal from the county court in any criminal case:

   (a) Where the accused entered a plea of guilty or no contest; or

   (b) Where the sole allegation of error is that the sentence imposed was excessive or excessively lenient or the trial court refused to reduce the sentence upon application of the defendant.

   (3) Cases to be submitted without argument may be submitted at any time after the time for filing the Appellant's reply brief has expired.

   (4) Unless otherwise ordered by the court, oral argument shall not exceed 10 minutes per side in any civil or criminal case. On the court’s own motion or on motion by a party, additional time may be granted by a showing of good cause.

   (5) Unless otherwise directed by the court, the parties may elect to waive oral argument and submit a case solely on the briefs. Such notice to waive oral argument shall be filed with the Clerk of the District Court and separately communicated to the judge’s bailiff at least 3 days prior to the date of hearing.

Amended July 2022, approved September 21, 2022.

   These rules for the District Court of the Fourth Judicial District shall become effective upon approval by the Supreme Court, and such approved rules shall be published on the Nebraska Judicial Branch website consistent with the Nebraska Supreme Court Rules.

Adopted effective December 29, 1995; amended September 21, 2022.

   A. Presiding Judge. The presiding judge, elected each year at the annual or special meeting of judges, shall supervise the administration of the court.

   B. Assignments. By majority vote of all the judges, any assignment of the presiding judge affecting the entire court may be reviewed at a special meeting of the judges called for that purpose, and by majority vote of all the judges, an assignment by the presiding judge may be changed.

   C. Term of Court. Effective July 1, 2023, the regular term of the court shall be deemed to commence on July 1 of each calendar year, and shall be deemed to conclude on June 30 of the following calendar year. No order opening or closing such term shall be required.

Adopted effective December 29, 1995; Rule 4-1(C) amended September 21, 2022.

   A. Identification. Each pleading filed with the Clerk of the District Court and each order submitted for judicial action must be specifically identified by type, e.g., Motion (Continuance); Motion (To Compel Response To Discovery Request); Motion (Temporary Allowances); Motion (To Suppress Evidence); Order (Summary Judgment); Order (Show Cause--Contempt). The caption of each complaint or amended complaint in a civil action shall state whether the action is one at law or in equity.

   B. Motions.

   1. Unless otherwise ordered by the court, all motions or similar filings which require a hearing shall be filed in the case prior to the scheduled hearing. At the time of making said filing, the party shall obtain a date for hearing thereon from the judge in charge of the case or, in the absence of the judge or at the judge's direction, from a member of the judge's office staff. Timely notice of said hearing shall be served on the opposing party. All motions or similar filings shall contain a certificate by the serving party of how the opposing party was notified. When a document is electronically filed via the court-authorized service provider, the provisions of Neb. Ct. R. § 2-205 shall control.

   2. The court may, in its discretion and in accordance with Neb. Rev. Stat. §§ 24-303(2) and 24-734(5)(a) (Cum. Supp. 2020), receive evidence and hear oral argument on any motion or similar filing by telephonic, videoconferencing,  or other similar methods.

   3. Continuances Or Additional Time To Plead. Motions or applications for continuance of any matter shall state the reasons a continuance should be granted and must be filed before the time set for the matter sought to be continued. Except where unusual circumstances require, no more than one continuance may be granted. Stipulations for continuances shall be subject to the approval of the court. All continuances shall be to a date certain and stated in the order granting the same, unless otherwise ordered by the court. No order granting a continuance shall be made ex parte. In the event such motion or application fails to show that the motion has been agreed upon, it shall be set for hearing in the same manner as any other motion.

   4. Motions to Compel. On notice to other parties and all affected persons, a party may move for an order compelling disclosure or discovery. The motion must include a certification that the movant has in good faith conferred or attempted to confer with the person or party failing to make disclosure or discovery in an effort to obtain it without court action.

   C. Court Case Management System. The Clerk of the District Court and Court Administrator shall each be responsible for compiling and adding attorney information for each case, and for keeping attorney information current in the Court Case Management System.

   D. Pleadings In Default. A party in default of a pleading may, before judgment on motion, notice, and good cause shown, file the same within such time and upon such terms as the court may order.

   E. Amendments to Pleadings. Amendments to pleadings after the answer is filed may be allowed within the discretion of the court. In no instance shall an amendment of a pleading be made by erasure, substitution, interlineation, or otherwise. A party who has obtained leave to amend a pleading, but fails to do so within the time limited, shall be considered as electing to abide by his former pleading. In no case of amendment shall the original pleading be obliterated or withdrawn from the files.

   F. Costs. Except for criminal cases and proceedings wherein an order sustaining an affidavit  to proceed in forma pauperis is filed, court costs shall be paid when actions are commenced and thereafter when liability for additional costs accrues. An attorney or self-represented litigant is responsible to the Clerk of the District Court for costs incurred at the attorney's or self-represented litigant's request and shall immediately pay the same upon receipt of the Clerk's statement of such fees.

Adopted effective December 29, 1995; Rule 4-2A amended October 26, 2005; Rule 4-2 amended September 21, 2022. 

   A. Contested Custody. Whenever a party in a domestic relations case determines that custody of a minor child will be genuinely contested, the court shall be informed thereof in order that appointment of a guardian ad litem for the minor child may be promptly considered.

   B. Child Support Referee Exceptions.

   1. Contempt matters that involve immediate jail sentences shall be taken without delay to the duty judge of the District Court from a hearing before a Child Support Referee. The duty judge shall enter an order affirming or denying the findings and recommendations of the Referee.

   2. All other Exceptions to the findings and recommendations of the Child Support Referee shall be filed with the District Judge assigned to the case pursuant to Rule 4-12A. The Exception must be filed within fourteen days of the filing of the Referee’s Report. A copy of the Exceptions shall be served upon the opposing party and counsel. The assigned District Judge shall conduct a review on the Referee’s Report and the transcript of the hearing. The review shall be de novo on the record before the Child Support Referee, unless the District Court in its discretion allows the presentation of new evidence. The District Judge has the discretion to ratify or modify the Referee’s Report and enter judgment, or the District Judge may sustain the Exception and enter judgment. The rights to move for rehearing and to appeal are reserved to all parties.

   The party filing the exceptions shall promptly deliver a copy of the exceptions to the courtroom to which the matter has been assigned. 

   C. Assignment of Cases: Post-Decree Proceedings. All post-decree proceedings presented for filing within twelve (12) months after the entry of the initial dispositive decree in a domestic relations case shall be assigned to the judge to whom the case was originally assigned at the time of the filing of the action. Post-decree proceedings presented for filing after the passage of twelve (12) months from the entry of the original dispositive decree shall be assigned to a judge by random selection through use of such computerized or manual means as may be designated by the presiding judge. No post-decree proceeding shall be reassigned until the 30-day time for appeal has passed.

   D. Confidential Information. No document filed in the public record of a case shall have complete vehicle identification numbers, account numbers, Social Security numbers, dates of birth, or other personal identification information. Real estate shall be described by legal description in addition to street address.

   E.  Mediation.

   1. A domestic-relations matter involving children includes filings for dissolution of marriage and determination-of-paternity cases which involve issues of custody, parenting time, visitation, or other access with a child. Within ten (10) days of filing a complaint in a domestic-relations matter involving children, the filing party shall be required to register with the Conciliation and Mediation Services Office and schedule that party's attendance at the parent-education program "What About The Children." Within ten (10) days of service of process on the respondent, the respondent shall likewise be required to register with the Conciliation and Mediation Services Office and schedule that party's attendance at the parent-education program "What About The Children." Prior to the entry of any order awarding temporary relief, the moving party shall certify that that party has registered with the Conciliation and Mediation Services Office.

   The parties to motions to compel existing orders which involve parenting issues; applications to modify decrees of dissolution which involve parenting issues; and applications to modify decrees of paternity which involve parenting issues shall be subject to the requirements of this rule and shall be required to attend the parent-education program "Reach Beyond Conflict," unless all issues are resolved by agreement and entry of a stipulated order. Participation in either course may be delayed or waived by the court for good cause shown. Failure or refusal by any party to participate in such a course as ordered by the court shall not delay the entry of a final judgment or an order modifying a final judgment in such action by more than six (6) months and shall in no case be punished by incarceration.

   Each party shall be responsible for the costs of attending either parenting education course. The court may waive or specifically allocate costs between the parties for their required participation in the course. At the request of any party, or based upon screening or recommendation of an attorney or mediator, the parties shall be allowed to attend separate courses or to attend the same course at different times, particularly if child abuse or neglect, domestic intimate-partner abuse, or unresolved parental conflict is or has in the past been present in the relationship, or if one party has threatened the other party.

   2. For purposes of Fourth Judicial District Rule 4-3E, "facilitator" shall mean persons qualified as "approved specialized mediators" pursuant to Neb. Rev. Stat. § 43-2938(3) (Reissue 2016) and "specialized alternative dispute resolution" as defined by Neb. Rev. Stat. § 43-2922(23) (Reissue 2016) shall also be referred to as "facilitation."

   Except as otherwise required by Neb. Rev. Stat. § 43-2937(4) (Reissue 2016), when the parties or their counsel are unable to negotiate a parenting plan agreement which satisfies the requirements of the Parenting Plan Checklist, then the parties are required to meet and confer with either the Director of the District Court Conciliation and Mediation Services or another assigned mediator to complete a Parenting Plan, including all issues of child custody, parenting time, visitation, grandparent visitation, other access, and any other issues relating to the children that may be susceptible to mediation or the specialized alternative dispute resolution process.

   Parties or counsel are required to notify the Director of the District Court Conciliation and Mediation Services of any request for delay in assignment of a mediator or facilitator if the parties or counsel are attempting to negotiate a Parenting Plan agreement, which agreement shall be required to comply with the Parenting Plan Checklist. A mediator will be assigned within ten (10) business days unless the conciliation court is notified that a plan will be forthcoming from the parties or the attorneys.

   An individual party, a guardian ad litem, or a social service agency may request mediation, specialized alternative dispute resolution, or other alternative dispute resolution process for a matter involving an issue of custody, parenting time, visitation, other access, or a related matter at any time prior to the filing or after the filing of an action with this court. Upon receipt of such request, each mediator, court conciliation program, or approved mediation center shall provide to each party information about mediation and the specialized alternative dispute resolution process.

   At any time in the proceedings, the court may refer a case to mediation or the specialized alternative dispute resolution process in order to attempt resolution of any relevant matter. The court may state a date for the case to return to court, and the court shall not grant an extension of such date except for good cause shown.

   3. Prior to commencing an initial mediation session, the mediator shall provide an initial, individual screening session with each party to assess the presence of child abuse or neglect, unresolved parental conflict, domestic intimate-partner abuse, other forms of intimidation or coercion, or a party's inability to negotiate freely and make informed decisions. If any of these conditions exists, the mediator shall direct the parties to return to the Conciliation and Mediation Services Office for assignment of a specialized alternative dispute resolution process that addresses safety measures for the parties.

   When there are allegations of domestic intimate-partner abuse or unresolved parental conflict between the parties in any proceeding, or when screening by a mediator, mediation center, or the Conciliation and Mediation Services Office identifies the presence of child abuse or neglect; unresolved parental conflict; domestic intimate-partner abuse; other forms of intimidation or coercion; or a party's inability to negotiate freely and make informed decisions, then mediation shall not be required; however, the parents shall be required to meet with a facilitator in the court's specialized alternative dispute resolution process.

   The specialized alternative dispute resolution process shall begin with each parent meeting individually with a qualified facilitator to provide an opportunity for the facilitator to educate each party about the process; obtain informed consent from each party in order to proceed; establish safety protocols; allow support persons to attend sessions; and consider opt-out-for-cause. The primary consideration in each specialized alternative dispute resolution session shall be the safety of each party and each child. The facilitator of the process has a duty to determine whether to proceed in individual sessions or caucus sessions in order to address safety and freedom to negotiate. Joint sessions shall not be used unless, after a safety assessment by the facilitator, all parties agree to a joint session to be conducted at the courthouse, with appropriate safety measures in place.

   4. Termination. To be compliant with Rule 4-3E, a party may not terminate mediation until after an individual initial screening session and one mediation or specialized alternate dispute resolution session are held. However, if after the individual initial screening sessions of each party is complete, the mediator may make the determination that further mediation or facilitation would fail to serve the best interests of the child.

   5. No trial date or other dispositive hearing will be scheduled until (1) attendance at the required parent education seminar has been completed and mediation or other specialized alternative dispute resolution process has been attempted to resolve issues of custody, parenting time, visitation, or other access, and (2) the parties have filed a Proposed Scheduling Order pursuant to Fourth Judicial District Rule 4-10, provided, however, that failure or refusal to participate by a party shall not delay entry of a final judgment by more than six (6) months.

   Notwithstanding the language in this rule, issues of domestic-violence, domestic intimate-partner abuse, or child abuse or neglect may, upon consideration by the trial court, disqualify the parties from parent education, mediation, or the specialized alternative dispute resolution processes.

   6. The Mediation Committee will prepare a letter, for distribution by the District Court Administrator, advising the filing parties and their attorneys that attendance at the Conciliation and Mediation Services seminar "What About the Children?" or "Reach Beyond Conflict" is mandatory and must be completed within the time frame specified in this rule. The letter should also advise the parties and counsel (1) that Parenting Plans and issues of child custody, parenting time, visitation, or other access with a child will be referred for mediation or specialized alternative dispute resolution; (2) that no trial or other dispositive hearing will be scheduled until attendance at the required parent-education seminar has been completed and mediation or specialized alternative dispute resolution to resolve issues of custody, parenting time, visitation, or other access has been attempted; (3) that failure or refusal to participate by a party shall not delay entry of a final judgment by more than six (6) months; and (4) that issues of domestic-violence, domestic intimate-partner abuse, or child abuse or neglect may, upon consideration by the trial court, disqualify the parties from parent education, mediation, or the specialized alternative dispute resolution processes. The Clerk of the District Court is directed to include this letter with the filing and service packets distributed by the Clerk.

   7. The Office of Conciliation and Mediation Services shall maintain a list of mediators and facilitators approved by the District Judges and the Mediation Committee of the District Court. These mediators and facilitators must meet State of Nebraska (or equivalent) standards for training in order to qualify. The following requirements apply to all participating mediators and facilitators: Court-approved mediators and facilitators will determine their own fees and will provide a copy of their fee schedule to the Conciliation and Mediation Services Director. In order to be on the list of court-approved mediators and facilitators, a mediator or facilitator must agree to use a sliding-fee scale of $25 to $150 per person per hour, determined on the basis of what each party is able to pay. Court-approved mediators and facilitators must also agree to take pro bono cases on an "as needed" basis. The Conciliation and Mediation Services Director will determine the need for such pro bono services, so that the burden of these cases is equitably distributed among the participating mediators and facilitators.

   8. Mediators and facilitators involved in proceedings shall participate in training to enable them to recognize child abuse or neglect, domestic intimate-partner abuse, and unresolved parental conflict and its potential impact upon children and families.

   9. Prior to participation in the program, qualified mediators and facilitators will be required to attend an orientation session, which will be conducted by the Director of Conciliation and Mediation Services, to review the mediation and specialized alternative dispute resolution process procedures, as well as the Parenting Plan Checklist. Each participating mediator and facilitator shall agree to the court requirements for participation, including a requirement to observe all statutory requirements for mediators in the mediation process and for facilitators in the specialized alternative dispute resolution process as established under the Nebraska Parenting Act.  Each mediator and facilitator will be asked to sign a statement indicating acknowledgment and acceptance of the requirements.

   10. When a judge refers a case for mediation or specialized alternative dispute resolution, the judge will indicate the issues to be mediated or facilitated, as well as any choice of a mediator or facilitator if the judge has a preference. The judge may also indicate whether there is a particular mediator or facilitator whom the judge does not wish to use. The attorneys for the parties may also mutually agree upon the choice of a mediator or facilitator and may indicate whether they wish the parties to mediate any issues other than custody, parenting time, visitation, or other access with a child. If financial issues are to be mediated, the case will be assigned to an attorney mediator. The attorneys or self-represented litigants shall notify the Conciliation and Mediation Service Office when mediation has been ordered by the Court and shall provide the Conciliation and Mediations Services Office with all necessary client information.

   11. Unless the parties or attorneys have requested a specific mediator or facilitator, the Conciliation and Mediation Services Office will assign, from the rotating list, the next mediator or facilitator appropriate to the parties and their needs, and the Conciliation and Mediation Services Director will contact the mediator or facilitator to confirm the mediator's or facilitator's acceptance of the case.  The Conciliation and Mediation Services staff will send paperwork to the mediator or facilitator, who must advise the Conciliation and Mediation Services staff, within ten (10) days of receipt of the paperwork, of the date for the parties' first appointment. The Conciliation and Mediation Services staff will screen each case for domestic violence, child abuse or neglect, unresolved parental conflict, domestic intimate-partner abuse, other forms of intimidation or coercion, or a party's inability to negotiate freely and make informed decisions. If any one or more of these elements are found to exist, then mediation shall not be required; however, the parents shall be required to meet with a facilitator in the court's specialized alternative dispute resolution process.

   12.a. If the parties reach an agreement through mediation or the specialized alternative dispute-resolution process, the agreement shall be reduced to writing. The mediator or the facilitator shall provide copies of the agreement to the parties and their attorneys, together with a notice informing the parties and their attorneys of their right to express their objections to the written agreement. The notice shall inform the parties and their attorneys that they have twenty-one (21) days from the date of the notice to notify the mediator or facilitator and the Conciliation and Mediation Services Office of any written objections to the terms of the agreement. The written objections shall be specific and shall not violate the statutory protections of confidentiality or privilege of the parties by being filed with the Clerk of the District Court. All matters not specifically objected to shall be deemed final. If no objections are received within twenty-one (21) days, then the agreement shall automatically be forwarded to the Conciliation and Mediation Services Office for final processing, pursuant to subsection (c) below.

   If the parties and counsel negotiate a Parenting Plan agreement, which agreement shall fully comply with the Parenting Plan Checklist, they shall forward the agreement to the Conciliation and Mediation Services Office immediately after signing, pursuant to subsection (c) below.

   b. Upon the filing by either party or attorney of objections to the agreement, the mediator or facilitator shall forthwith schedule a re-mediation or re-facilitation session on the disputed issues identified in the written objection. The mediator or facilitator may charge additional fees for the re-mediation or re-facilitation session and related expenses. Following re-mediation or re-facilitation efforts, the mediator or facilitator shall forward to the Conciliation and Mediation Services Office the re-mediated or re-facilitated agreement, which shall be clearly denominated the "re-mediated agreement" or the "re-facilitated agreement," and which shall recite those issues, if any, which remain contested.

   c. All agreements shall be forwarded to the Conciliation and Mediation Services Office, where the Conciliation and Mediation Services staff shall review said agreements for compliance with the Parenting Plan Checklist. The Conciliation and Mediation Services staff shall then forward a copy of the final agreement, along with the appropriate closure form to the Clerk of the District Court for filing.

    d. At trial, parties shall not present evidence intended to object to a provision in an approved parenting plan or to show a material change in circumstances subsequent to the filing of a final agreement unless a written motion asking leave of the court to present such evidence at trial, accompanied by a notice of hearing, has been filed with the court and has been heard and granted prior to the trial.

   13. The Conciliation and Mediation Services staff will follow up on the deadlines set by the court, including any extensions of time that have been granted.

   14. Complaints to Modify (Parenting Plan) and Applications for Order to Show Cause (Parenting Plan). Before filing a Complaint to Modify (Parenting Plan) or an Application for Order to Show Cause (Parenting Plan), parties must re-mediate by selecting a mutually agreed-upon mediator or facilitator, or contact the District Court Conciliation and Mediation Services for assistance with the selection of a mediator.

   Any party filing a Complaint to Modify (Parenting Plan) or an Application for Order to Show Cause (Parenting Plan) must state in the pleading the date remediation was held and the outcome of remediation. After a party has filed a Complaint to Modify (Parenting Plan) or an Application for Order to Show Cause (Parenting Plan), the attorneys and/or self-represented litigants shall contact the District Court Conciliation and Mediation Services to verify their compliance with Rule 4-3 and to register for a second-level parenting seminar if no agreement was reached in remediation.

   15. The Mediation Committee will be a standing committee of the District Court and will be composed of four (4) Judges, the Conciliation and Mediation Services Director, at least one outside mediator/advisor, and such other persons as the Committee deems necessary. The Chair Judge of Conciliation and Mediation Services will chair this Committee and may be consulted individually, as may be needed by the Conciliation and Mediation Services Director, for answers on day-to-day operations of the mediation program.

   16. The Mediation Committee of the District Court may make such other operating rules as may be needed to facilitate the beginning and continuation of this mediation program.

   F. Temporary Support and Allowances. Except where a party appears as a self-represented litigant and live testimony is required, or unless otherwise ordered, evidence shall be submitted by affidavits. Affidavits shall set forth information required by Nebraska Child Support Guidelines and Neb. Rev. Stat. § 43-2930 (Reissue 2016). The District Court Administrator shall provide the Affidavit forms in the Court Administrator’s Office and at the District Court’s website, www.dc4dc.com. Affidavits submitted in digital format shall be limited to an aggregate total of ten (10) pages or less. Affidavits that exceed an aggregate total of ten (10) pages shall be submitted in hard copy. The moving party shall provide the Court and opposing counsel or the non-moving party, if not represented, the supporting affidavits at least forty-eight (48) hours prior to the hearing, together with a notice of the hearing. The non-moving party shall submit to the Court and the moving party or counsel for the moving party, if the moving party is represented, any responsive affidavit(s) within twenty-four (24) hours prior to the hearing. Other than ex parte relief allowed by statute, the court, in its discretion, may decline to consider any affidavit unless it has been exchanged in compliance with these guidelines.

Adopted effective December 29, 1995; amended effective May 1, 1998; amended effective March 12, 1999; amended effective June 19, 2002; amended effective January 18, 2007; amended effective May 7, 2008; amended effective September 9, 2010; amended effective November 12, 2015; amended effective May 29, 2019; amended effective September 11, 2019; amended effective December 18, 2019; amended effective March 24, 2021; amended  September 21, 2022; amended February 16, 2023; amended January 17, 2024.

   A. Criminal Trials. In consideration of the right to a speedy trial contained in Neb. Rev. Stat. § 29-1207 (Reissue 2016), criminal cases shall, as nearly as possible, be called for trial in the order of appearance on the docket.

   B. Arraignment. A defendant who has been bound over on a felony charge and is represented by counsel may file a written waiver of arraignment and plea of not guilty pursuant to Neb. Rev. Stat. § 29-4206 (Reissue 2016).

   C. Criminal Jury Trial Priority. For the purpose of jury selection, those courts trying criminal cases shall be given priority.

   D. Failure to Appear. If a defendant fails to appear and a bond forfeiture is ordered, it shall be the duty of the prosecutor to take all further legal action necessary to ensure that judgment is entered upon the bond forfeiture.

   E. Criminal Pretrial Conference. The prosecutor attending a pretrial conference shall be fully knowledgeable about the case and shall have the authority to make decisions concerning trial dates, discovery, pleas, and similar matters relating to the timely disposition of the case. Any attorney attending such a conference on behalf of a defendant shall likewise be fully knowledgeable about the case and shall have obtained the defendant’s authorization to make similar decisions.

Adopted effective December 29, 1995; amended effective April 18, 1997; amended effective June 15, 2016; amended September 21, 2022. 

     When a party files a brief with the Clerk of the District Court pursuant to Neb. Ct. R. § 6-1505, the party shall simultaneously e-mail an electronic copy of the brief to the judge’s bailiff and deliver a hard copy of the brief to the judge.

Adopted effective December 29, 1995; amended September 21, 2022.

   [Reserved.]

Adopted effective December 29, 1995; amended September 21, 2022. 

   A. Searches. In the discretion of the security officers, upon order of the court, any person may be subjected to a search of his or her person for possession of any weapons, destructive device, or components thereof.

   B. Electronic Devices. The use of cell phones and other electronic devices in the courtroom is prohibited by anyone including counsel without the permission of the court. Nothing in this rule shall be read to conflict with Nebraska Supreme Court Rules on expanded media coverage at Neb. Ct. R. § 6-2003 et seq.

Adopted effective December 29, 1995; amended September 21, 2022. 

   The Court Administrator shall have general supervision over and administer the nonjudicial activities and functions of the court; appoint and remove personnel of the office of the Court Administrator subject to the approval of the District Court Continuity Committee; direct the work of all personnel of the office of the Court Administrator; procure supplies and equipment; provide reports relating to the business and administration of the court; prepare the court's budget and payroll; maintain liaison with governmental and other public and private groups interested in the administration of the court; attend meetings of the judges and serve as secretary; and perform such other duties assigned by the court for proper and efficient administration. In addition, the Court Administrator shall coordinate jury management with the Clerk of the District Court.

Adopted effective December 29, 1995; amended September 21, 2022.

   A. Availability of Party or Counsel During Jury Deliberations. During jury deliberations, counsel and self-represented litigants shall keep the court informed of their location and shall keep themselves available on short notice personally or by telephone, as ordered by the court.

   B. Absence of Party or Counsel on Receipt of Verdict. Unless otherwise requested, the court will not deem it necessary in civil cases that any party be present in person or by counsel when the jury returns to the courtroom with its verdict.

   C. Presence of Defendant in Criminal Cases. Unless otherwise ordered by the court, all defendants in criminal cases shall, during the deliberations of the jury, remain in the building in which trial was held.

   D. Six-Person Jury. Civil cases may be tried to a six-person jury by stipulation of the parties and approval by the court.

   E. Jury Impanelment; Divisions of Court; Priority. For the purpose of jury trials, the court shall be divided into two groups, Panel A and Panel B, each of which may conduct jury trials during each month of the year. Judges assigned to Panel A shall impanel juries generally during the first two weeks of each month, and judges assigned to Panel B shall impanel juries generally during the last two weeks of each month. If the need arises for a judge to impanel a jury other than during the assigned month, the judge shall communicate such need to the presiding judge. The presiding judge shall then make a determination whether the judge's request to impanel a jury other than during the scheduled two-week period should be granted. Unless otherwise directed to do so by the presiding judge, the Clerk of the District Court shall provide no jurors to a judge other than during that assigned judge's scheduled two-week period.

   F. Inadequate Number of Jurors. When there is not a sufficient number of jurors immediately available, the Clerk of the District Court shall give priority to those courts trying criminal matters.

Adopted effective December 29, 1995; amended effective June 25, 1999; amended September 21, 2022. 

   A. Case Progression Standards. Progress of all cases shall comply with the Case Progression Standards established by Neb. Ct. R. § 6-101. To facilitate compliance, a Proposed Scheduling Order (PSO) shall be submitted to the District Court Administrator in all non-criminal cases within four (4) months after the filing of the case. The PSO shall be submitted by agreement of the parties. However, if the parties cannot agree, any party to the pending action may submit a PSO and set the matter for hearing before the Court assigned to the case. If a PSO is not submitted within four (4) months, the District Court Administrator shall give notice by mail or email to each party that, within thirty (30) days from the date of the notice, the matter will be dismissed unless a PSO is submitted to the District Court Administrator.

   B. Case Progression Filing Procedures. The District Court Administrator shall provide the PSO forms in the Court Administrator's Office and at the District Court's website, www.dc4dc.com. In each domestic relations case, the parties shall be responsible to report to the Conciliation and Mediation Services Office for compliance with Rule 4-3, if applicable, or the case is subject to dismissal.

   C. Case Progression Dismissals. When a case has been dismissed pursuant to this rule, any party may request that the case be reinstated, but only upon filing a motion to reinstate the case and submission of a signed PSO to the Court assigned to the case. The Court assigned to the case may, in its discretion, reinstate the case.

   D. Judicial Review of Proposed Scheduling Order. After the submission of the PSO to the District Court Administrator and review of the PSO by the Court assigned to the case, the Court may approve the PSO as agreed upon by the parties, or, upon notice to the parties, may schedule the case for a pre-trial/scheduling conference. The PSO may subsequently be amended with approval of the Court. Nothing contained in this Rule shall preclude the Court assigned to the case from setting a scheduling conference at any time and entering a scheduling order thereafter.

   E. Special Settings. Upon request of either party, the Court assigned to the case shall determine whether the case shall be specially set for trial.

Adopted effective December 29, 1995; amended effective June 25, 1999; amended effective January 18, 2007; amended effective September 9, 2010; amended June 1, 2017; amended September 21, 2022.

   A. Payment for Court-Appointed Attorney. Before the claim of any attorney appointed by the court is allowed, such attorney shall make a written motion for fees, positively verified, stating time and expenses in the case. Counsel shall also state in the motion that counsel has not received and has no contract for the payment of any compensation by the defendant or anyone in the defendant's behalf, or if counsel has received any fee or has a contract for the payment of same, to disclose the same fully so that the proper credit may be taken on counsel's motion.

   B. Payment for Court-Appointed Guardian Ad Litem. When a court-appointed guardian ad litem makes application for payment of fees, if the indigence of either party to the action is at issue such that the county may be ordered to pay the fees and costs, the guardian shall serve a copy of the fee application and notice of hearing upon the County Attorney. The County Attorney may appear at the hearing to represent the interests of the county or may file a written waiver of appearance.

   C. Amount of Awarded Fees. When the award of fees is expected to exceed $4,800, the judge to whom the case is assigned may, in the judge's discretion, request that the presiding judge, or, in the absence of the presiding judge, the acting presiding judge, appoint two additional judges who, together with the judge to whom the case is assigned, shall determine the fee by majority vote.

Adopted effective December 29, 1995; amended September 21, 2022.

   When attempting the following remedies/procedures listed below, the forms provided by the Clerk of the Court, and only those forms, may be used:

   A. Authority. Pursuant to Neb. Ct. R. §§ 6-1525 and 6-1467, the judges of the District Court and County Court of Douglas County (the Courts) adopt this rule for furnishing conflict representation in the Courts for any person who is financially unable to obtain adequate representation in felony, misdemeanor, or post-conviction cases pursuant to Neb. Rev. Stat. §§ 29-3901 to 29-3908 and §§ 29-3001 to 29-3004 (Reissue 2008 & Cum. Supp. 2014).

   B. Statement of Policy. The objective of this plan is to attain the ideal of equality before the law for all persons. This plan shall be administered so that those eligible for services pursuant to Neb. Rev. Stat. §§ 29-3901 to 29-3908 and §§ 29-3001 to 29-3004 (Reissue 2008 & Cum. Supp. 2014) will not be deprived of any element of representation necessary to an adequate defense because they are financially unable to pay for adequate representation. The further objective of this plan is to particularize the requirements for court appointments in Douglas County, Nebraska.

   C. Appointment of Private Attorneys. The Douglas County Public Defender’s Office shall have first priority to be appointed for any indigent defendant in all criminal cases within the county. This rule establishes the process for the appointment of private attorneys to represent indigent defendants when the Public Defender’s staff has a conflict of interest. A panel of private attorneys who are eligible and willing to be appointed to provide representation in Douglas County is hereby recognized. The Plan for the Composition, Administration, and Management of the Panel of Private Attorneys pursuant to Neb. Ct. R. §§ 6-1525 and 6-1467 is set forth below.

   D. Duties of Appointed Counsel. The services to be rendered on behalf of a person represented by appointed counsel shall be commensurate with those rendered if counsel were privately employed by the person. Attorneys appointed to the panel shall conform to the highest standards of professional conduct and shall refrain from conduct unbecoming a member of the bar.

   E. Creation of Panel. The District Court and County Court of Douglas County (the Courts) shall establish a panel of private attorneys (hereafter referred to as the “DC Panel”). All attorneys who are eligible and willing to be appointed to provide representation will be placed on the DC Panel.

   F. Composition of Panel.

   1. Attorneys who serve on the DC Panel must be members in good standing of the Nebraska bar and must have demonstrated experience in, and knowledge of, the Nebraska Rules of Criminal Procedure and the Nebraska Rules of Evidence. The Courts shall approve attorneys for membership on the DC Panel and the composition of the DC Panel after receiving recommendations from the Panel Selection Committee (the Committee) established pursuant to subsection 2 of this Plan.

   Members of the DC Panel shall serve indefinitely and continuously at the pleasure of the Courts.

   2. The Courts shall jointly establish a Panel Selection Committee (the Committee). The Committee shall consist of two District Court judges, two County Court judges, two private attorneys who are experienced in criminal defense work, and the Douglas County Public Defender. The Committee shall select its own chairperson.

   The Committee shall meet at least once each year, and at such other times as the Committee deems appropriate, to consider applications for addition to the DC Panel. The Committee shall review the qualifications of applicants and shall recommend, for approval by the Courts, the attorneys to be included on the DC Panel and, based upon the attorney’s experience, skill, and competence, the category of cases which each attorney can handle. If an attorney disputes the category in which he or she has been placed for assignment of cases, the attorney may submit to the Committee a written explanation of the basis for such dispute. The Committee will then consider the dispute, will resolve the dispute by majority vote of its members, and will provide the attorney with a written disposition of the placement dispute.

   At its annual meeting, the Committee shall also review in its entirety the appointment list of attorneys on the DC Panel to determine if any attorney should be removed due to failure to remain in good standing with the Nebraska bar or for cause. If the attorney is being considered for removal from the DC Panel for cause, the Committee shall give written notification to the attorney indicating the concerns with the attorney’s performance giving rise to consideration for removal, and the attorney shall be given the opportunity to respond in writing or in person before a final decision is made.

   At its annual meeting, the Committee shall also review the operation and administration of the DC Panel during the preceding year, and shall recommend to the Courts any changes regarding the appointment process and panel management which the Committee deems necessary or appropriate. If a majority of the judges of the Courts agree, then proposed language amending the Rule shall be submitted to the Supreme Court as provided by Neb. Ct. R. § 6-1501 entitled “Local Rules.”

   G. Assignment of Cases. Cases shall be assigned to attorneys based on their experience, skill, and competence. Complex or more serious cases shall be assigned to attorneys with sufficient levels of experience and competence to provide adequate representation in such cases. Attorneys who have less experience, skill, and competence shall be assigned cases which are within their capabilities.

   H. Appointments and Maintenance of Appointment List. Appointments from the list of private attorneys on the DC Panel should be made on a rotational basis, subject to the appointing court’s discretion to make exceptions due to the nature and complexity of the case, an attorney’s experience or lack thereof, a language consideration, a conflict of interest, or any other factor which the appointing court may deem appropriate under the circumstances. This procedure should result in a balanced distribution of appointments and compensation among the members of the DC Panel, as well as quality representation for each defendant who is financially unable to otherwise obtain adequate representation.

  To be considered for appointment to the DC Panel, a private attorney shall complete the form entitled “Request to Be Added to Douglas County Court-Appointment List” and shall file it with the Douglas County District Court Administrator’s Office. This form shall be available at the District Court Clerk’s Office and the County Court Clerk’s Office. Any private attorney on the DC Panel may request to be removed from the Panel at any time by sending a letter asking for removal to the District Court Administrator’s Office, Hall of Justice, Room 500, 1701 Farnam Street, Omaha, NE 68183.

   The respective Court Administrators of District Court and County Court shall maintain a current list of all attorneys included on the DC Panel, including the attorneys’ current office address and telephone numbers.

   I. Effective Date. This rule shall become effective on April 1, 2015.

Rule 2 approved January 22, 2015, effective April 1. 2015; Rule 2 amended November 13, 2019.

   A. This rule sets out the procedures governing emergency modified court operations in the District Court, County Court, and Separate Juvenile Court of the Fourth Judicial District (collectively “the Courts”).

   B. The presiding judge of the Fourth Judicial District Court shall be responsible for convening a standing committee for the Fourth Judicial District. This Emergency Modified Court Operations Committee shall be responsible for planning and implementing emergency modified court operations.

   C. The Emergency Modified Court Operations Committee shall include a District Judge, a County Judge, and a Separate Juvenile Court Judge (collectively the “Judicial Representatives”). The Committee shall also include representatives from the following stakeholders: District 4A and 4J Probation Office; Douglas County Attorney’s Office; Douglas County Public Defender’s Office; City of Omaha Legal Department; Douglas County Department of Corrections; Douglas County Youth Center; Clerk of the District Court; Douglas County Sheriff’s Office; Douglas County Health Department; and Omaha Douglas Public Building Commission. The Judicial Representatives shall be responsible for coordinating and facilitating communication among the members of the Emergency Modified Court Operations Committee.

   D. In circumstances significantly threatening the ability of the Courts to conduct routine court proceedings safely and efficiently, the Emergency Modified Court Operations Committee’s Judicial Representatives shall vote as to whether to implement emergency modified court operations. If a majority of the Judicial Representatives votes in favor of emergency modified operations, emergency modified court operations shall go into effect. The Judicial Representatives, in coordination with the Nebraska Supreme Court, shall enter appropriate administrative orders detailing the emergency modified operations. Any administrative order implementing emergency modified court procedures shall identify the date by which the order shall expire if not previously vacated, extended, or amended.

   E. The following mission essential functions shall be addressed in any administrative order implementing emergency modified court procedures:

   1. County Court: The operation of the courtroom at Douglas County Corrections and the transport of prisoners to and therefrom. Also, hearings as to any of the following: protection orders, evictions, emergency guardianship or conservatorship proceedings, change of pleas, bond settings, arraignments, and preliminary hearings.

   2. Separate Juvenile Court: Hearings as to any of the following: adoptions, contested protective custody proceedings, contested adjudications or terminations of parental rights, contested motions to revoke probation, contested motions to commit to the Youth Rehabilitation and Treatment Center, and contested ex parte motions.

   3. District Court: Hearings as to any of the following: bond reviews, change of pleas, sentencings, protection orders, motions for ex parte orders or temporary allowances, and motions for temporary restraining orders and temporary injunctions.

   F. The Committee will notify the Nebraska Supreme Court Administrative Services Division and the Omaha Police Department of the emergency modified court operations status. The Committee shall also notify the public of the emergency modified court operations status by:

   1. Preparing and issuing a press release to local media outlets regarding emergency operations;

   2. Placing notices on websites and social media accounts controlled by members of the Committee; and

   3. Posting notices at the entrances to the Douglas County Courthouse.

Approved March 16, 2022.

   A. Assignment of Cases. Cases shall be assigned to a judge by random selection through use of computerized or manual means.

   B. Case Consolidation. A motion for consolidation of cases for discovery purposes or trial shall be heard by the judge to whom the case with the lowest case number is assigned, and by whom the consolidated case will be heard.

   C. Felony Companion Cases. Companion cases are (1) those in which multiple defendants are charged, in separate informations, with crimes arising out of the same set of facts, (2) those in which separate informations are filed contemporaneously against a single defendant, or (3) those in which a defendant initially charged with a felony offense which is currently pending is subsequently charged with a criminal offense. The County Attorney shall, at the time of filing each information, note on the information the case title and case number of each companion case, as defined by this rule, and the Clerk of the District Court shall assign each such companion case to the judge to whom is assigned the case with the lowest case number.

   D. Criminal Appeal Companion Cases. On receiving notice of appeal from County Court, the prosecutor shall notify the Clerk of the District Court of the case title and case number of any previously filed appeal by a different defendant involving the same incident, and the appeal shall be assigned by the Clerk to the judge having the lowest case number of the previously filed appeal by the different defendant, but involving the same incident. When appeals are taken in separate cases consolidated for trial in the County Court, the Clerk of the District Court shall assign all to the same judge.

   E. Postjudgment Criminal Matters. Postjudgment criminal matters, including probation-revocation and Post Release Supervision (PRS) proceedings, applications for postconviction relief, annual reviews of convicted sex offenders, and annual reviews of individuals found not responsible by reason of insanity, shall be assigned to the judge by whom the case was tried, or to that judge's successor. For the purpose of probation-revocation proceedings, any new felony charge filed against a defendant whose probation is sought to be revoked shall be assigned to the judge by whom the probation-revocation proceeding will be heard. Any companion case to that new felony, as defined by Rule 4-12C, shall likewise be assigned to the judge by whom the probation-revocation proceeding will be heard. Any new felony charge filed against an individual who has completed probation or a term of incarceration shall be assigned to a judge randomly, pursuant to Rule 4-12A.

   F. Protection Orders. For the purpose of assignment of applications for a protection order, companion cases shall be those situations (1) in which one or multiple petitioners simultaneously apply for a protection order against the same person or persons, (2) in which the petitioner is a party to a currently pending action to obtain a protection order involving the same person or persons, or (3) in which the petitioner or respondent is a party to a domestic relations or paternity action which is currently pending before the court.

   If, upon receiving the petition for filing, the Clerk of the District Court determines that the case is a companion case under any one of the foregoing three criteria, the case or cases shall be assigned to the judge to whom the first such case is assigned, or to the judge who has pending before her or him a previously filed protection order, domestic relations, or paternity matter. All other cases shall be assigned to a judge by random selection through computerized or manual means.

   G. Civil Companion Cases. Companion cases are those involving (1) the same parties arising from the same action, (2) multiple plaintiffs arising from the same transaction, (3) multiple defendants arising from the same transaction, or (4) multiple plaintiffs versus the same defendant or multiple defendants arising from substantially identical transactions. The party shall, at filing, if known to the party, note companion case titles and case numbers, and the Clerk of the District Court shall assign all companion cases to the judge with the case that has the lowest case number.

Adopted effective December 29, 1995; amended effective November 22, 1996; Rule 4-12(C) and (E) amended October 17, 2001; amended September 21, 2022.

[Reserved.]

Adopted effective December 29, 1995; amended September 21, 2022. 

   A. Public Records As Exhibits. In all cases where books, files, or records, or parts thereof belonging to or taken from the records of public offices are offered in evidence or are marked for identification to be offered at a pretrial conference, it shall be the duty of the party offering the same to furnish true copies of the same to the court reporter and the opposing counsel before the offer.

   B. Documentary Exhibits. All documentary evidence which is not impeaching or rebuttal in nature shall be presented to the court reporter prior to trial, marked for identification, and exhibited to the opposing party for inspection.

   C. Exhibits And Affidavits Submitted In Digital Format. Limits. Documentary exhibits and affidavits submitted to the Court or a court reporter in digital format shall be limited to an aggregate total of ten (10) pages or less. Documentary exhibits and affidavits submitted to the court or court reporter that exceed an aggregate total of ten (10) pages shall be submitted in hard copy. Exhibits and affidavits shall be submitted to the Court, and to any opposing parties, at least forty-eight (48) hours prior to the hearing. The Court, in its discretion, may decline to receive into evidence any exhibit or accept any affidavit unless it has been submitted in compliance with this rule.

Adopted effective December 29, 1995; amended effective March 24, 2021; amended September 21, 2022.

   Pretrial conferences will be on order of the court, consistent with Neb. Ct. R. § 6-1522, and shall specify the date, hour, location, requirement placed upon counsel, the manner in which the conference will be held, and any other matters the court deems appropriate. A party represented by counsel shall appear at such conference through the attorney who is to conduct the trial, or by trial counsel's co-counsel having full knowledge of the case and possessed of authority to bind the party by stipulation.

Adopted effective December 29, 1995; amended September 21, 2022.

   A. Except under exceptional circumstances, and then only with the special permission of a District Judge for good cause shown, no person other than the judges or District Court personnel shall remove from the office or possession of the Clerk of the District Court any records, papers, or files, including transcripts and bills of exceptions, pertaining to the cases in the court.

   B. If a District Judge grants permission to remove from the Office of the Clerk of the District Court any records, papers, or files, the person to whom the permission is granted shall sign a written receipt for such materials. The receipt shall identify with particularity the materials being removed and shall include (1) the name, address, and telephone number of the person who is removing the materials and (2) the name, address, and telephone number of the person on whose behalf the materials are being removed.

   The records, papers, or files shall be returned to the Clerk of the District Court within three (3) working days of the date on which they are removed, including the day of removal, and in no event shall the materials be returned later than one (1) working day prior to any court proceeding in the case to which they relate. The failure to return any records, papers, or files in compliance with the provisions of this rule shall result in revocation of the removal privilege of the attorney, firm of attorneys, or abstracter on whose behalf the materials were removed. The privilege shall not be restored except as the presiding judge may direct. The presiding judge may impose such other penalties and sanctions as may be appropriate for violation of this rule.

   C. Any person may obtain photocopies of any public filings at such reasonable cost as the Clerk of the District Court shall determine.

Adopted effective December 29, 1995; amended October 26, 2005; amended September 21, 2022.

   A. Authority. Pursuant to Neb. Ct. R. §§ 6-1525 and 6-1467, the judges of the District Court and County Court of Douglas County (the Courts) adopt this rule for furnishing conflict representation in the Courts for any person who is financially unable to obtain adequate representation in felony, misdemeanor, or post-conviction cases pursuant to Neb. Rev. Stat. §§ 29-3901 to 29-3908 and §§ 29-3001 to 29-3004 (Reissue 2016).

   B. Statement of Policy. The objective of this plan is to attain the ideal of equality before the law for all persons. This plan shall be administered so that those eligible for services pursuant to Neb. Rev. Stat. §§ 29-3901 to 29-3908 and §§ 29-3001 to 29-3004 (Reissue 2016) will not be deprived of any element of representation necessary to an adequate defense because they are financially unable to pay for adequate representation. The further objective of this plan is to particularize the requirements for court appointments in Douglas County, Nebraska.

   C. Appointment of Private Attorneys. The Douglas County Public Defender's Office shall have first priority to be appointed for any indigent defendant in all criminal cases within the county. This rule establishes the process for the appointment of private attorneys to represent indigent defendants when the Public Defender's staff has a conflict of interest. A panel of private attorneys who are eligible and willing to be appointed to provide representation in Douglas County is hereby recognized. The Plan for the Composition, Administration, and Management of the Panel of Private Attorneys pursuant to Neb. Ct. R. §§ 6-1525 and 6-1467 is set forth below.

   D. Duties of Appointed Counsel. The services to be rendered on behalf of a person represented by appointed counsel shall be commensurate with those rendered if counsel were privately employed by the person. Attorneys appointed to the panel shall conform to the highest standards of professional conduct and shall refrain from conduct unbecoming a member of the bar.

   E. Creation of Panel. The District Court and County Court of Douglas County (the Courts) shall establish a panel of private attorneys (hereafter referred to as the "DC Panel"). All attorneys who are eligible and willing to be appointed to provide representation will be placed on the DC Panel.

   F. Composition of Panel.

   1. Attorneys who serve on the DC Panel must be members in good standing of the Nebraska bar and must have demonstrated experience in, and knowledge of, the Nebraska Rules of Criminal Procedure and the Nebraska Rules of Evidence. The Courts shall approve attorneys for membership on the DC Panel and the composition of the DC Panel after receiving recommendations from the Panel Selection Committee (the Committee) established pursuant to subsection 2 of this Plan.

   Members of the DC Panel shall serve indefinitely and continuously at the pleasure of the Courts.

   2. The Courts shall jointly establish a Panel Selection Committee (the Committee). The Committee shall consist of two District Court judges, two County Court judges, two private attorneys who are experienced in criminal defense work, and the Douglas County Public Defender. The Committee shall select its own chairperson.

   The Committee shall meet at least once each year, and at such other times as the Committee deems appropriate, to consider applications for addition to the DC Panel. The Committee shall review the qualifications of applicants and shall recommend, for approval by the Courts, the attorneys to be included on the DC Panel and, based upon the attorney's experience, skill, and competence, the category of cases which each attorney can handle. If an attorney disputes the category in which he or she has been placed for assignment of cases, the attorney may submit to the Committee a written explanation of the basis for such dispute. The Committee will then consider the dispute, will resolve the dispute by majority vote of its members, and will provide the attorney with a written disposition of the placement dispute.

   At its annual meeting, the Committee shall also review in its entirety the appointment list of attorneys on the DC Panel to determine if any attorney should be removed due to failure to remain in good standing with the Nebraska bar or for cause. If the attorney is being considered for removal from the DC Panel for cause, the Committee shall give written notification to the attorney indicating the concerns with the attorney's performance giving rise to consideration for removal, and the attorney shall be given the opportunity to respond in writing or in person before a final decision is made.

   At its annual meeting, the Committee shall also review the operation and administration of the DC Panel during the preceding year, and shall recommend to the Courts any changes regarding the appointment process and panel management which the Committee deems necessary or appropriate. If a majority of the judges of the Courts agree, then proposed language amending the Rule shall be submitted to the Supreme Court as provided by Neb. Ct. R. § 6-1501 entitled "Local Rules."

   G. Assignment of Cases. Cases shall be assigned to attorneys based on their experience, skill, and competence. Complex or more serious cases shall be assigned to attorneys with sufficient levels of experience and competence to provide adequate representation in such cases. Attorneys who have less experience, skill, and competence shall be assigned cases which are within their capabilities.

   H. Appointments and Maintenance of Appointment List. Appointments from the list of private attorneys on the DC Panel should be made on a rotational basis, subject to the appointing court's discretion to make exceptions due to the nature and complexity of the case, an attorney's experience or lack thereof, a language consideration, a conflict of interest, or any other factor which the appointing court may deem appropriate under the circumstances. This procedure should result in a balanced distribution of appointments and compensation among the members of the DC Panel, as well as quality representation for each defendant who is financially unable to otherwise obtain adequate representation.

   To be considered for appointment to the DC Panel, a private attorney shall complete the form entitled "Request to Be Added to Douglas County Court-Appointment List" and shall file it with the Douglas County District Court Administrator's Office. This form shall be available at the District Court Clerk's Office and the County Court Clerk's Office. Any private attorney on the DC Panel may request to be removed from the Panel at any time by sending a letter asking for removal to the District Court Administrator's Office, Hall of Justice, Room 500, 1701 Farnam Street, Omaha, NE 68183.

   The respective Court Administrators of District Court and County Court shall maintain a current list of all attorneys included on the DC Panel, including the attorneys' current office address and telephone numbers.

Rule 17 approved January 22, 2015, effective April 1, 2015; rule 4-17 amended November 13, 2019; amended September 21, 2022.

   A. Outside Judge. A District Judge from outside this District shall not be called to hear a case without the approval of the presiding judge, and all requests for assistance from outside the District shall be channeled through the presiding judge.

   B. Senior Practice. A law student who is certified as eligible for senior practice in accordance with the rules of the Supreme Court of Nebraska may appear and participate in proceedings in District Court only in the actual presence of the supervising attorney, who shall in each proceeding introduce the student to the judge and request affirmative consent to the student’s participation.

   C. Official Newspaper. The Daily Record is the official court newspaper for the purpose of publishing court calls, default dismissals, cases reinstated for trial, and such matters including notices to attorneys, notices regarding jury panels, and all other matters left to the discretion of the court.

   D. Witness Fees. When a person is subpoenaed or appears voluntarily as a witness in any case, it shall be the duty of the party at whose instance the witness appeared to see that the attendance of such witness is properly registered with the Clerk of the District Court. In the absence of such being done, it shall not be incumbent upon the Clerk of the District Court to tax fees for such witnesses as costs in the case on trial; provided, however, that upon motion for retaxing costs the court may order such fees taxed as costs.

Adopted effective December 29, 1995; Rule 17 renumbered to Rule 18 and amendments to (C) approved January 22, 2015; amended September 21, 2022.

   A. This rule sets out the procedures governing emergency modified court operations in the District Court, County Court, and Separate Juvenile Court of the Fourth Judicial District (collectively “the Courts”).

   B. The presiding judge of the Fourth Judicial District Court shall be responsible for convening a standing committee for the Fourth Judicial District. This Emergency Modified Court Operations Committee shall be responsible for planning and implementing emergency modified court operations.

   C. The Emergency Modified Court Operations Committee shall include a District Judge, a County Judge, and a Separate Juvenile Court Judge (collectively the “Judicial Representatives”). The Committee shall also include representatives from the following stakeholders: District 4A and 4J Probation Office; Douglas County Attorney’s Office; Douglas County Public Defender’s Office; City of Omaha Legal Department; Douglas County Department of Corrections; Douglas County Youth Center; Clerk of the District Court; Douglas County Sheriff’s Office; Douglas County Health Department; and Omaha Douglas Public Building Commission. The Judicial Representatives shall be responsible for coordinating and facilitating communication among the members of the Emergency Modified Court Operations Committee.

   D. In circumstances significantly threatening the ability of the Courts to conduct routine court proceedings safely and efficiently, the Emergency Modified Court Operations Committee’s Judicial Representatives shall vote as to whether to implement emergency modified court operations. If a majority of the Judicial Representatives votes in favor of emergency modified operations, emergency modified court operations shall go into effect. The Judicial Representatives, in coordination with the Nebraska Supreme Court, shall enter appropriate administrative orders detailing the emergency modified operations. Any administrative order implementing emergency modified court procedures shall identify the date by which the order shall expire if not previously vacated, extended, or amended.

   E. The following mission essential functions shall be addressed in any administrative order implementing emergency modified court procedures:

   1. County Court: The operation of the courtroom at Douglas County Corrections and the transport of prisoners to and therefrom. Also, hearings as to any of the following: protection orders, evictions, emergency guardianship or conservatorship proceedings, change of pleas, bond settings, arraignments, and preliminary hearings.

   2. Separate Juvenile Court: Hearings as to any of the following: adoptions, contested protective custody proceedings, contested adjudications or terminations of parental rights, contested motions to revoke probation, contested motions to commit to the Youth Rehabilitation and Treatment Center, and contested ex parte motions.

   3. District Court: Hearings as to any of the following: bond reviews, change of pleas, sentencings, protection orders, motions for ex parte orders or temporary allowances, and motions for temporary restraining orders and temporary injunctions.

   F. The Committee will notify the Nebraska Supreme Court Administrative Services Division and the Omaha Police Department of the emergency modified court operations status. The Committee shall also notify the public of the emergency modified court operations status by:

   1. Preparing and issuing a press release to local media outlets regarding emergency operations;

   2. Placing notices on websites and social media accounts controlled by members of the Committee; and

   3. Posting notices at the entrances to the Douglas County Courthouse.

Approved March 16, 2022.

   A. Summary Dismissal. When the District Court is hearing an appeal from the Douglas County Court and determines that it lacks jurisdiction over the appeal, the appeal will be dismissed in the following manner: “APPEAL DISMISSED. See Dist. Ct. Local Rule 4-20.”

   B. Summary Affirmance. When the District Court is hearing an appeal from the Douglas County Court and determines on its own motion that (1) it is confined to plain error review because of appellant’s failure to file a required statement of errors, (2) a detailed opinion would have no significant value upon further review, and (3) one of the following conditions is met:

   a. the judgment is based on findings of fact which are not clearly erroneous;

   b. the evidence in support of a jury verdict is not insufficient;

   c. the judgment or order is supported by substantial evidence in the record as a whole; or

   d. no error of law appears;

the Court may at its discretion decline to hold a hearing on appeal and affirm the judgment in the following manner: “AFFIRMED. See Dist Ct. Local Rule 4-20.”

Rule 4-20 approved September 21, 2022.

   These rules of the district court of the Fifth Judicial District shall become effective upon approval by the Supreme Court and shall supplement the Uniform District Court Rules of Practice and Procedure adopted by the Supreme Court.

   The regular term of the court commences on January 1 of each calendar year and concludes on December 31 of the same calendar year. No order opening or closing such term shall be required. 

   In addition to the requirements of Neb. Rev. Stat. § 25-1148, motions for continuance shall state whether any opposing party objects. A party filing a motion for a continuance shall arrange as soon as practicable a new date with all opposing parties and the court. 

   A. Journal Entries. It shall be the duty of the party assigned by the court promptly to prepare a formal journal entry, order, judgment, or decree. Counsel assigned to prepare the proposed formal journal entry, order, judgment, or decree shall submit the original to the judge and shall mail a copy to all opposing parties or their attorneys within 7 days after announcement of the decision or ruling.

   B. Stipulations & Agreements. All stipulations not made in open court or in chambers and recorded by the reporter and all agreements of counsel or parties to a suit must be reduced to writing and signed by the parties making the same and filed with the clerk, or they will not be recognized or considered by the court. 

   A. (1) Property Statements. Where the action involves a division of property, both parties shall file a single property statement setting forth assets, liabilities, and any other information concerning property germane to the case at bar. The plaintiff shall have 30 days from filing the action to prepare and file the property statement and furnish a copy to the opposing party. The defendant shall then complete the property statement filed by the plaintiff by adding to it any additional property and the defendant’s estimates of the value of all property listed by the plaintiff. The defendant shall file the completed property statement and serve a copy on the plaintiff within 30 days after the plaintiff files the initial statement. The Fifth District property statement included in these rules shall be utilized by the parties. The parties may stipulate to use a computer generated spreadsheet format, which contains all information required in the property statement in these rules.

   (2) Extensions & Pretrial Filing Deadline. Either party may obtain an extension of the time for filing or completing the property statement on written motion for good cause shown. Except by agreement of the parties or by order of the court, amendments to the property statement shall not be permitted unless filed at least 10 days prior to trial.

   B. Temporary Relief Affidavits. No affidavit regarding temporary relief applications, other than ex parte relief allowed by statute, shall be considered by the court, unless a copy has been served on the opposing party not less than 24 hours prior to the temporary hearing.

   C. Ex Parte Custody Orders. No ex parte order shall be entered in a domestic relations case without one or more supporting affidavits from a party or his or her witnesses. Except for good cause shown, no ex parte temporary order shall be entered in a pending case if the opposing party is represented by counsel or a guardian ad litem/attorney for minor(s) has been appointed. If an ex parte order is issued, it shall be served upon the opposing party or counsel forthwith, and a temporary hearing shall be held forthwith.

   D. Guardian ad Litem Fees. Whenever an issue concerning custody of a minor child exists, the court may appoint a guardian ad litem/attorney for the minor child. In such event, the court also may order an initial guardian ad litem fee deposit to be paid into the clerk’s office within 20 days after the date of the order appointing the guardian ad litem and setting the initial fee deposit. The initial fee, if any, shall be allocated between the parties in the discretion of the court, subject to modification and assessment of additional fees after the final hearing or trial. Parties claiming indigence may apply to the court for a waiver of the fee assessment, initial or final. An application for waiver of the guardian ad litem fee assessment shall be accompanied by a completed affidavit of indigence on the same forms prescribed by the Supreme Court for applications for appointment of counsel or for leave to proceed in forma pauperis.

   E. Automatic Hearing Dates. The clerk shall set uncontested trial dates in all dissolution actions for the first motion/service day occurring more than 60 days after service of process or voluntary appearance.

   F. Leaving the State. Every order for child custody, temporary or permanent, shall contain language substantially as follows:

   A party exercising custody of a minor child is ordered not to move the child outside the State of Nebraska. Anyone intending such a move must first:

   (1) Make written application to the court, and

   (2) Give notice of the application and hearing to the other party as required by law.

   G. Parenting Classes. Parties to domestic relations matters involving children are required to attend an approved parent education program within 60 days from receipt of service of process. A list of approved classes can be obtained from the Administrative Office of the Courts. This requirement applies to all cases in which parenting issues are involved or are raised, including dissolution of marriage, determination of paternity, motions to compel existing orders, applications to modify decrees of dissolution, and applications to modify decrees of paternity. Both parents are required to attend the parent education program. If the court deems it advisable, the parties may be required to complete a second level parenting class.

   H. Parenting Plan/Mediation. (1) Prior to July 1, 2010, the parties to all cases involving parenting issues as described in paragraph G shall submit a parenting plan to be approved by the court. The parenting plan shall be developed by the parties or their counsel, an approved mediation center, or a private mediator. When a parenting plan has not been developed and submitted to the court, the court shall either create the parenting plan in accordance with the Parenting Act or refer the case to an approved mediator. Until July 1, 2010, either party may terminate mediation at any point in the process.

   (2) On or after July 1, 2010, all parties in such cases who have not submitted a parenting plan to the court within the time specified by the court shall be required to meet and participate in mediation services with an approved mediator to complete a parenting plan or visitation schedule, including child custody, visitation, grandparent visitation, and any other issues relating to the children that may be susceptible to mediation. A list of approved mediation service providers can be obtained from the Administrative Office of the Courts. No trial date will be scheduled until attendance at the required parent education seminar has been completed and mediation to resolve custody and/or visitation issues has been attempted, provided, however, that failure or refusal to participate by a party shall not delay entry of a final judgment by more than 6 months. It is further provided that, notwithstanding the language in this paragraph, domestic violence issues may, upon consideration by the trial court, disqualify the parties from mediation. On or after July 1, 2010, a party may not terminate mediation until after an individual, initial screening session and one mediation or specialized alternative dispute resolution session are held.

   I. Mediation in Cases Involving Abuse/Neglect/Unresolved Conflict. When, in any case involving parenting issues as described in paragraph G, there are allegations of domestic intimate partner abuse or unresolved parental conflict between the parties in any proceeding, or when screening by a mediator or mediation center identifies the presence of child abuse or neglect, unresolved parental conflict, domestic intimate partner abuse, other forms of intimidation or coercion, or a party’s inability to negotiate freely and make informed decisions, then mediation shall not be required; however, the parents shall be required to meet with a mediator who is a trained facilitator in specialized alternative dispute resolution. The list of such trained and approved mediators can be obtained from the Administrative Office of the Courts.

   The specialized alternative dispute resolution process shall begin with each parent meeting individually with a qualified facilitator to provide an opportunity for the facilitator to educate each party about the process; obtain informed consent from each party in order to proceed; establish safety protocols; allow support persons to attend sessions; and consider opt-out-for-cause. Any party may terminate after an initial, individual screening session and one specialized alternative dispute resolution session are held. The primary consideration in each specialized alternative dispute resolution session shall be the safety of each party and each child. The facilitator of the process has a duty to determine whether to proceed in individual sessions or caucus sessions in order to address safety and freedom to negotiate. Joint sessions shall not be used unless, after a safety assessment by the facilitator, all parties agree to a joint session to be conducted at the courthouse, with appropriate safety measures in place.

   J. Child Support Guidelines Calculations. (1) In all matters in which a final order includes the setting of child support, a child support guidelines calculation shall be completed by the parties and submitted to the court. A copy of said child support guidelines calculation shall be attached to every proposed order submitted to the court.

   (2) If a deviation is proposed to be granted, the proposed order shall contain specific findings of fact which support the conclusion that a deviation is warranted, a completed worksheet 5 as specified in Neb. Ct. R. § 4-203, or both.

Rule 5-4 amended effective March 10, 2010; Rule 5-4A(1) amended January 21, 2016.

   All motions requiring hearings and all motions to set trial dates or certificates of readiness for trial shall include a reasonable estimate of time necessary for the requested proceeding. Hearings and trials shall not be scheduled until time estimates are provided.

   A. All correspondence with the court regarding pending litigation shall refer to the subject case by case title, number, and county. A copy of all such correspondence shall be sent to all opposing parties or attorneys. If the correspondence requires the court's transmittal of papers, preaddressed, stamped envelopes shall be provided with the correspondence to the court.

   B. The clerk shall maintain all correspondence with and from the court regarding pending litigation in the subject case files, if requested to do so by the judge serving the clerk's county. 

   All motions and pleadings, other than the petition, answer, and reply, shall indicate in the title of the pleading the nature of the relief requested. 

   In all appeals from the county court, the parties' briefs, if any, shall be delivered to the court and opposing counsel or parties appealing pro se not later than the last court day before oral argument. Oral arguments shall be limited to 10 minutes per party, unless special leave of court is granted. The clerk shall automatically set all oral arguments in all appeals from county court for hearing on the first motion/service day after the clerk receives the bill of exceptions from county court.

   A. Motions Defined. For purposes of this rule, all pretrial and posttrial motions and similar filings which require a hearing or action by a judge, such as special appearances, demurrers, applications for temporary relief, criminal arraignments and bond reviews, sentencings, hearings on appeal, and orders to show cause, are motions.

   B. Hearing. All motions shall be heard on the motion/service day following the expiration of 10 days after filing. With the consent of the court, motions may be specially noticed for hearing on other days. Hearing on a motion may proceed ex parte if the adverse party fails to appear and contest the same. Either party may submit a memorandum brief and shall thereupon serve a copy thereof upon the adverse party.

   C. Motion/Service Days. Motion/Service days for each county shall be held as reflected by the annual published schedule prepared for each county by the judge or the judges assigned to that county.

   D. Continuances. Hearings on motions may be continued by the court upon motion for continuance duly made with a showing of good cause therefor.

   E. Content of Calendar. The clerk of the district court of each county shall maintain a motion/service day calendar, which shall show the date the motion was filed, the case number, the case name (abbreviated), a short description of the motion, the last names of the attorneys in the case (if the party is not represented by an attorney, the clerk shall place the words "Pro Se" in the blank applicable to that party), and the date and time assigned for hearing. The calendars produced by use of the JUSTICE system satisfy this rule.

   A. Request for Telephone Conference Hearing.

   (1) Unless otherwise allowed by statute, no matter will be heard by telephone conference call unless consent is obtained from the court.

   (2) Telephone conferences requested by the moving party shall be arranged with the clerk of the district court prior to the filing of the motion, and the notice of hearing shall clearly state that the hearing will be held by telephone conference call. Telephone conferences requested by a party other than the moving party shall be arranged with the clerk at least 3 business days prior to the hearing, and notice shall be filed by the party requesting the telephonic hearing, together with proof of service thereof on all opposing parties.

   B. Not Available When Nonwaivable Verbatim Record Involved. Although in all instances a written journal entry of the decision of the court shall be made, no verbatim record will be made of any telephonically held hearing. Accordingly, no such hearing may be scheduled for any proceeding requiring a nonwaivable verbatim record under the provisions of Neb. Rev. Stat. § 24-734 (3) & Neb. Ct. R. of Prac. 5A(1). No telephonic hearing shall be allowed for any matter requiring the offer of exhibits in any form.

   C. Waiver of Other Record. Any party consenting to a telephonic hearing shall be deemed to have waived the verbatim record required only upon request under the provisions of Neb. Ct. R. of Prac. 5A(2). Conducting the hearing shall constitute a waiver of such optional verbatim record.

   D. Initiation of Telephone Conference Call.

   (1) The party requesting the telephone conference call shall be responsible for initiating the call and shall provide for all expenses of the call.

   (2) When a matter has been assigned for telephonic hearing on a regular motion/service day, the matter will not necessarily be heard at a specific time, unless the judge specifically sets a time certain. On such days, the assignment of a hearing time is approximate and may be intermingled with other matters scheduled for hearings by personal appearance. The parties shall call at the appointed time and make arrangments with the clerk as to when to call back, if necessary. The matter will be heard at a time reasonably convenient to the court and to those parties who appear personally on motion/service days.

   (3) The party initiating the call shall utilize appropriate equipment and systems to ensure that all persons participating have adequate sound quality and volume. If the court determines that the sound quality or volume is insufficient, the court may require the party initiating the call to utilize other means to complete the hearing by telephone.

Rule 5-10 amended January 21, 2016.

   A. Purpose: The purpose of this rule is to establish a procedure for determination of when Emergency Modified Court Operations will be implemented and what the modified operations may be.

   B. Applicability: Emergency Modified Court Operations will be implemented upon a determination that normal operating procedures have been interrupted.

   C. Implementation: Implementation of Emergency Modified Court Operations shall occur upon a determination by the Presiding Judges of the District and County Courts of the Fifth Judicial District.

   1. Implementation shall occur upon mandate by Federal, State, or Local Government, or upon determination by the District and County Court Judges after consulting with local stakeholders.

   2. Local stakeholders shall include, but not be limited to, the following: County Boards, Law Enforcement, County Attorneys, Public Defenders, Judges of the Fifth Judicial District, Health Departments, Department of Health and Human Services, Department of Probation, Corrections, Local Bar Associations, and County and District Court Clerks and Clerk Magistrates.

   3. The Presiding Judges of the District and County Courts of the Fifth Judicial District shall be responsible for coordinating and facilitating communications with local stakeholders and for planning and implementing Emergency Modified Court Operations.

   D. Notice: Notice of implementation of Emergency Modified Court Operations shall be provided by posting within a courthouse, media outlets, web sites, and any other means as determined by the Presiding Judges of the Fifth Judicial District.

   E. Emergency Modified Court Operations:

   1. Upon interruption of normal operating procedures by pandemic, natural disaster, or any other circumstance, the Courts of the Fifth Judicial District shall modify operations to ensure that all essential functions of the Courts continue.

   2. Essential functions shall include, but are not limited to, the following:

   a. Custodial criminal proceedings;

   b. Protection order proceedings;

   c. Receipt of all filings;

   d. Criminal arrest and search warrants;

   e. Juvenile intakes and detention hearings;

   f. Juvenile protective custody hearings;

   g. Receipt of financial payments;

   h. Processing of appeals;

   i. Habeas Corpus proceedings;

   j. Hearings mandated by statute;

   k. Emergency ex-parte custody orders and emergency placement orders;

   l. Emergency protective custody proceedings; and

   m. Any other matters deemed essential upon a determination by the Presiding Judges of the Fifth Judicial District.

   3. The Presiding Judges of the Fifth Judicial District shall develop protocols and procedures to allow the courts to carry on essential functions based upon the cause and effect of the interruption. The protocols and procedures may include the following:

   a. Use of virtual conferencing;

   b. Relocation of courtrooms;

   c. Alternative filing methods; and

   d. Any other protocol or procedure deemed necessary by the Presiding Judges of the Fifth Judicial District to carry out the essential functions of the Courts of the Fifth Judicial District.

   F. Notification: Notification of the protocols and procedures shall be provided by posting, e-mail communication, and any other method available to inform parties, attorneys, staff, and the public.

   G. Return to Normal Court Operations: The Presiding Judges of the Fifth Judicial District shall be responsible for determining when the Courts shall return to normal operations. Notice of the return to normal operations shall be provided by posting, e-mail communication, and any other method available to inform parties, attorneys, staff, and the public.

Approved April 5, 2023.

   These rules shall be effective, on an experimental basis, beginning February 2, 2009, and shall apply in the 5th Judicial District, county court judicial proceedings. During the experimental period, the Nebraska Supreme Court Public Information Officer will serve as the Media Coordinator for the 5th Judicial District County Court.

1. PURPOSE. This rule is to establish a process for the appointment of private attorneys to represent indigent defendants as provided in Neb. Rev. State. §§ 29-3901 to 29-3908.

2. APPLICABILITY. This rule shall not apply to criminal proceedings in which the court appoints the Public Defender or the Nebraska Commission on Public Advocacy.

3. GENERAL.

1.  Appointments of private attorneys shall be made on an impartial and equitable basis;

2. The appointments shall be distributed among the attorneys on a rotation system;

3. Cases shall be assigned to attorneys of sufficient experience, skill, and competence to render effective assistance of counsel to defendants;

4. Complex cases shall be assigned to attorneys with sufficient levels of experience and competence to provide adequate representation; and

5. Less experienced attorneys should be assigned cases which are within their capabilities, but should be given the opportunity to expand their experience under supervision.

4.  COURT-APPOINTED ATTORNEY LIST.

1. The list for each county will be initially developed as follows: The attached questionnaire form will be distributed by the office of the presiding district judge to all attorneys in the Fifth Judicial District and to all attorneys whose names appear on the court-appointment list of each county within the district. Once the questionnaires are collected, a court-appointed attorney list for each county will then be compiled and distributed to each of the clerk magistrates and judges in the district. The list shall be effective once it is distributed.

2. Thereafter, each County Court shall maintain the court-appointed attorney list from which attorneys shall be appointed to represent indigent defendants.

3. Once the initial list is in effect, attorneys may contact the County Court in each county and request that he or she be placed on, or removed from, the court-appointed list. A request to be placed on the list shall be accompanied by a completed questionnaire form, which is attached to this rule.

4. The County Court shall maintain and update the list, and shall provide the District Court with a copy of the list annually on December 31 and whenever it is updated by the addition or removal of attorneys. In addition, the County Court shall provide the list maintained hereunder at the request of a District Judge of this District.

5. The County Court shall make the court-appointed list of attorneys available upon request.

5. METHOD OF SELECTION FROM COURT-APPOINTED LIST.

1. The Courts of this District will generally attempt to appoint attorneys from the court-appointed attorney list on a rotational basis, subject to the court’s sole discretion to make exceptions due to:

1. The nature and complexity of the case;

2. An attorney’s experience;

3. The nature and disposition of the defendant;

4. A language consideration;

5. A conflict of interest;

6. The availability of an attorney, taking into consideration an immediate need to address issues involved in the case;^[1]

7. Geographical considerations;^[2]

8. Prior representation of the parties; and

9. Other relevant factors that may be involved in a specific case.

2. If the Court, in its sole discretion, varies from the rotation basis, it may appoint any qualified attorney, whether or not the attorney is on the court-appointed attorney list.

6. REMOVAL AND REINSTATEMENT FROM APPOINTMENT LIST.

1. Judges will monitor attorney performance on a continuing basis to ensure the competency of attorneys on the list. An attorney may be removed from the appointment list by a majority vote of County and District Court Judges. In the event that an attorney is recommended by any judge for removal from the list, the presiding County and District Judges shall meet to discuss the matter.

2. If the presiding judges determine that any attorney should be under consideration for removal from the list, written notification will be given to the attorney indicating the concerns with his or her performance giving rise to consideration for removal, and will be given the opportunity to respond in writing or in person before the final decision is made.

3. Following this response, all County and District Judges shall vote on whether an attorney should be removed from the list.

4. An attorney who has been removed from the list may be considered for reinstatement by a majority vote of the judges, after the deficiencies contained in the notice have been resolved.

7. ADDITIONAL SCOPE AND APPLICATION.

These rules shall also apply to the appointment of private attorneys as counsel or Guardian ad Litem in juvenile, domestic relations, paternity, and child support matters, when such appointment is required by statute.

Approved February 19, 2015.

   Remote hearings may be conducted in a District or County Court of the Fifth Judicial District by virtual conferencing.

   Virtual conferencing shall mean conducting, appearing in, or participating in a court proceeding by the use of video, electronic, or telephonic technology with contemporaneous interaction among the participants.

   Virtual conferencing may be authorized in any court proceeding that does not involve live witness testimony at the discretion of a District or County Court Judge within his or her courtroom.

   Virtual conferencing, consistent with the constitutional rights of the defendant, may be authorized in any criminal court proceeding that involves live witness testimony at the discretion of a District or County Court Judge within his or her courtroom, upon a finding of good cause.

   Virtual conferencing may be authorized in any civil proceeding that involves live witness testimony at the discretion of a District or County Court Judge within his or her courtroom, upon a finding of good cause.

   A request for virtual conferencing in any court proceeding shall be filed with the court at least forty-eight (48) hours prior to the scheduled hearing.

   Any party intending to offer an exhibit in a proceeding authorized to be conducted by virtual conferencing shall deliver the exhibit to the appropriate court representative (Court Reporter, District Court Clerk, Court Bailiff, Clerk Magistrate, Courtroom Clerk, etc.) in paper form, at least forty-eight (48) hours prior to the scheduled hearing, to permit the pre-marking of the exhibit number by the court representative. The party intending to offer an exhibit in a proceeding authorized to be conducted by virtual conferencing shall provide a copy of the exhibit, as pre-marked by the court representative, to opposing counsel and self-represented litigants, at least twenty-four (24) hours prior to the scheduled hearing.

   All parties authorized to participate in a proceeding by virtual conferencing shall contact the appropriate court representative (Court Reporter, District Court Clerk, Court Bailiff, Clerk Magistrate, Courtroom Clerk, etc.) at least twenty-four (24) hours prior to the scheduled hearing, to obtain instructions and an invitation to participate in the proceeding by virtual conferencing.

   Supreme Court Rules and Local Rules of the Fifth District governing courtroom conduct, decorum, attendance, and attire shall apply to all court proceedings conducted by virtual conferencing.

Approved February 16, 2023.

   Unless otherwise directed by the court, court files may not be checked out.

Rule 5-11 amended effective March 10, 2010.

   Affidavits, depositions, and other proposed exhibits in support of motions shall not be filed with the clerk unless otherwise ordered by the court. Nothing in this rule shall prohibit any properly filed pleading from being offered and received into evidence.

Rule 5-12 approved effective March 10, 2010.

   Both the moving party and opposing party shall submit a brief in support of or opposition to a motion for summary judgment. The brief of the moving party shall contain a separate statement of each material fact supporting the contention that there is no genuine issue to be tried and as to each shall identify the specific document, discovery response, or deposition testimony (by page and line) which is claimed to establish the fact. Briefs shall be filed at the time of hearing unless leave is granted to file thereafter.

   The party opposing a motion for summary judgment shall set forth in its opposing brief a separate statement of each material fact as to which it is contended there exists a genuine issue to be tried and as to each shall identify the specific document, discovery response, or deposition testimony (by page and line) which is claimed to establish the fact.

Rule 5-13 approved effective March 10, 2010.

   It is the duty of counsel to notify the clerk that a court interpreter is necessary. Such notice will be given as soon as possible and in no event less than 10 days prior to hearing. This rule is in addition to the requirements of the rules relating to court interpreters adopted by the Supreme Court.

Rule 5-14 approved effective March 10, 2010.

   Any of these local rules may be suspended in a particular instance in order to avoid a manifest injustice.

Rule 5-12 renumbered to Rule 5-15 effective March 10, 2010.

1. PURPOSE. This rule is to establish a process for the appointment of private attorneys to represent indigent defendants as provided in Neb. Rev. Stat. §§ 29-3901 to 29-3908.

2. APPLICABILITY. This rule shall not apply to criminal proceedings in which the court appoints the Public Defender or the Nebraska Commission on Public Advocacy.

3. GENERAL.

1. Appointments of private attorneys shall be made on an impartial and equitable basis;

2. The appointments shall be distributed among the attorneys on a rotation system;

3. Cases shall be assigned to attorneys of sufficient experience, skill, and competence to render effective assistance of counsel to defendants;

4. Complex cases shall be assigned to attorneys with sufficient levels of experience and competence to provide adequate representation; and

5. Less experienced attorneys should be assigned cases which are within their capabilities, but should be given the opportunity to expand their experience under supervision.

4.  COURT-APPOINTED ATTORNEY LIST.

1. The list for each county will be initially developed as follows: The attached questionnaire form will be distributed by the office of the presiding district judge to all attorneys in the Fifth Judicial District and to all attorneys whose names appear on the court-appointment list of each county within the district. Once the questionnaires are collected, a court-appointed attorney list for each county will then be compiled and distributed to each of the clerk magistrates and judges in the district. The list shall be effective once it is distributed.

2. Thereafter, each County Court shall maintain the court-appointed attorney list from which attorneys shall be appointed to represent indigent defendants.                                                  
3. Once the initial list is in effect, attorneys may contact the County Court in each county and request that he or she be placed on, or removed from, the court-appointed list. A request to be placed on the list shall be accompanied by a completed questionnaire form, which is attached to this rule.

4. The County Court shall maintain and update the list, and shall provide the District Court with a copy of the list annually on December 31 and whenever it is updated by the addition or removal of attorneys. In addition, the County Court shall provide the list maintained hereunder at the request of a District Judge of this District.

5. The County Court shall make the court-appointed list of attorneys available upon request.

5. METHOD OF SELECTION FROM COURT-APPOINTED LIST.

1. The Courts of this District will generally attempt to appoint attorneys from the court-appointed attorney list on a rotational basis, subject to the court’s sole discretion to make exceptions due to:

1. The nature and complexity of the case;

2. An attorney’s experience;

3. The nature and disposition of the defendant;

4. A language consideration;

5. A conflict of interest;

6. The availability of an attorney, taking into consideration an immediate need to address issues involved in the case;^[1]

7. Geographical considerations;^[2]

8. Prior representation of the parties; and

9. Other relevant factors that may be involved in a specific case.

2. If the Court, in its sole discretion, varies from the rotation basis, it may appoint any qualified attorney, whether or not the attorney is on the court-appointed attorney list.

6.  REMOVAL AND REINSTATEMENT FROM APPOINTMENT LIST.

1. Judges will monitor attorney performance on a continuing basis to ensure the competency of attorneys on the list. An attorney may be removed from the appointment list by a majority vote of County and District Court Judges. In the event that an attorney is recommended by any judge for removal from the list, the presiding County and District Judges shall meet to discuss the matter.

2. If the presiding judges determine that any attorney should be under consideration for removal from the list, written notification will be given to the attorney indicating the concerns with his or her performance giving rise to consideration for removal, and will be given the opportunity to respond in writing or in person before the final decision is made.                       
3. Following this response, all County and District Judges shall vote on whether an attorney should be removed from the list.

4. An attorney who has been removed from the list may be considered for reinstatement by a majority vote of the judges, after the deficiencies contained in the notice have been resolved.

7. ADDITIONAL SCOPE AND APPLICATION.

These rules shall also apply to the appointment of private attorneys as counsel or Guardian ad Litem in juvenile, domestic relations, paternity, and child support matters, when such appointment is required by statute.

Rule 5-16 approved February 19, 2015.

  Court-appointed counsel shall be paid an hourly fee established by the court and kept on file with the clerk. Before court-appointed counsel’s claim for payment is allowed, such counsel shall file a written motion for fees, positively verified, itemizing the time and expenses spent on the case. All motions for fees shall be transmitted to and reviewed by the county attorney. The county attorney shall note any objection to the claim and initial the claim and timely forward it to the court. If the county attorney has no objection, he or she shall initial the claim and forward it to the court. Except for good cause shown or upon a showing of excusable delay, court-appointed counsel shall file the written motion for fees no later than 90 days after the close of the case.

Rule 5-17 approved January 21, 2016.

   A. Purpose: The purpose of this rule is to establish a procedure for determination of when Emergency Modified Court Operations will be implemented and what the modified operations may be.

   B. Applicability: Emergency Modified Court Operations will be implemented upon a determination that normal operating procedures have been interrupted.

   C. Implementation: Implementation of Emergency Modified Court Operations shall occur upon a determination by the Presiding Judges of the District and County Courts of the Fifth Judicial District.

   1. Implementation shall occur upon mandate by Federal, State, or Local Government, or upon determination by the District and County Court Judges after consulting with local stakeholders.

   2. Local stakeholders shall include, but not be limited to, the following: County Boards, Law Enforcement, County Attorneys, Public Defenders, Judges of the Fifth Judicial District, Health Departments, Department of Health and Human Services, Department of Probation, Corrections, Local Bar Associations, and County and District Court Clerks and Clerk Magistrates.

   3. The Presiding Judges of the District and County Courts of the Fifth Judicial District shall be responsible for coordinating and facilitating communications with local stakeholders and for planning and implementing Emergency Modified Court Operations.

   D. Notice: Notice of implementation of Emergency Modified Court Operations shall be provided by posting within a courthouse, media outlets, web sites, and any other means as determined by the Presiding Judges of the Fifth Judicial District.

   E. Emergency Modified Court Operations:

   1. Upon interruption of normal operating procedures by pandemic, natural disaster, or any other circumstance, the Courts of the Fifth Judicial District shall modify operations to ensure that all essential functions of the Courts continue.

   2. Essential functions shall include, but are not limited to, the following:

   a. Custodial criminal proceedings;

   b. Protection order proceedings;

   c. Receipt of all filings;

   d. Criminal arrest and search warrants;

   e. Juvenile intakes and detention hearings;

   f. Juvenile protective custody hearings;

   g. Receipt of financial payments;

   h. Processing of appeals;

   i. Habeas Corpus proceedings;

   j. Hearings mandated by statute;

   k. Emergency ex-parte custody orders and emergency placement orders;

   l. Emergency protective custody proceedings; and

   m. Any other matters deemed essential upon a determination by the Presiding Judges of the Fifth Judicial District.

   3. The Presiding Judges of the Fifth Judicial District shall develop protocols and procedures to allow the courts to carry on essential functions based upon the cause and effect of the interruption. The protocols and procedures may include the following:

   a. Use of virtual conferencing;

   b. Relocation of courtrooms;

   c. Alternative filing methods; and

   d. Any other protocol or procedure deemed necessary by the Presiding Judges of the Fifth Judicial District to carry out the essential functions of the Courts of the Fifth Judicial District.

   F. Notification: Notification of the protocols and procedures shall be provided by posting, e-mail communication, and any other method available to inform parties, attorneys, staff, and the public.

   G. Return to Normal Court Operations: The Presiding Judges of the Fifth Judicial District shall be responsible for determining when the Courts shall return to normal operations. Notice of the return to normal operations shall be provided by posting, e-mail communication, and any other method available to inform parties, attorneys, staff, and the public.

Approved August 24, 2022.

   Remote hearings may be conducted in a District or County Court of the Fifth Judicial District by virtual conferencing.

   Virtual conferencing shall mean conducting, appearing in, or participating in a court proceeding by the use of video, electronic, or telephonic technology with contemporaneous interaction among the participants.

   Virtual conferencing may be authorized in any court proceeding that does not involve live witness testimony at the discretion of a District or County Court Judge within his or her courtroom. 

   Virtual conferencing, consistent with the constitutional rights of the defendant, may be authorized in any criminal court proceeding that involves live witness testimony at the discretion of a District or County Court Judge within his or her courtroom, upon a finding of good cause.

   Virtual conferencing may be authorized in any civil proceeding that involves live witness testimony at the discretion of a District or County Court Judge within his or her courtroom, upon a finding of good cause.

   A request for virtual conferencing in any court proceeding shall be filed with the court at least forty-eight (48) hours prior to the scheduled hearing.

   Any party intending to offer an exhibit in a proceeding authorized to be conducted by virtual conferencing shall deliver the exhibit to the appropriate court representative (Court Reporter, District Court Clerk, Court Bailiff, Clerk Magistrate, Courtroom Clerk, etc.) in paper form, at least forty-eight (48) hours prior to the scheduled hearing, to permit the pre-marking of the exhibit number by the court representative. The party intending to offer an exhibit in a proceeding authorized to be conducted by virtual conferencing shall provide a copy of the exhibit, as pre-marked by the court representative, to opposing counsel and self-represented litigants, at least twenty-four (24) hours prior to the scheduled hearing.

   All parties authorized to participate in a proceeding by virtual conferencing shall contact the appropriate court representative, (Court Reporter, District Court Clerk, Court Bailiff, Clerk Magistrate, Courtroom Clerk, etc.) at least twenty-four (24) hours prior to the scheduled hearing, to obtain instructions and an invitation to participate in the proceeding by virtual conferencing.

   Supreme Court Rules and Local Rules of the Fifth District governing courtroom conduct, decorum, attendance, and attire shall apply to all court proceedings conducted by virtual conferencing.

Rule 5-19 approved November 9, 2020.

   These rules for the District Court of the Sixth Judicial District shall become effective upon approval by the Supreme Court and publication in the Nebraska Advance Sheets and shall supplement the Uniform District Court Rules of Practice and Procedure adopted by the Supreme Court.

Approved June 9, 2010, effective July 1, 2010.

   It shall be the duty of the party directed by a Court to promptly prepare the proper journal entry, order, judgment, or decree. The proposed journal entry, order, judgment, or decree shall be submitted to opposing counsel for approval as to form and submitted to the Court for its signature within 10 days.

   A. Property and Liability Statement:

   (1) When property and liability division is contested at final hearing, the parties shall prepare a joint property and liability statement for use as an exhibit at trial. The Plaintiff shall prepare a complete property and liability statement and serve a copy upon the opposing party 60 days prior to trial. The Defendant shall then complete the property and liability statement by adding to it any additional items of property and liabilities and the Defendant's opinions of value of all property and liabilities listed. The Defendant shall serve a copy of the revised property and liability statement upon the Plaintiff at least 30 days prior to trial.

   The property and liability statement shall be similar to and contain the information identified in Appendix No. 1 attached to these rules.

   (2) Extensions and Pretrial Filing Deadline: Either party may request an extension of time for filing or completing property statements on written motion and good cause shown. Except by agreement of the parties or order of the Court, amendments to the property and liability statement shall not be permitted unless served upon opposing counsel at least 10 days prior to trial. Property and liability statements shall not be filed with the Clerk of the District Court; however, proof of service shall be filed with the Clerk of the District Court.

   B. Temporary Relief Hearing (i.e. Support, Custody, Etc.): All applications for temporary support, allowances, custody, parenting time, restraining orders, etc. shall be supported by evidence in the form of affidavits unless otherwise allowed by the Court upon a showing of good cause. No affidavit regarding temporary relief applications, other than ex parte relief allowed by statute, shall be considered by the Court, unless a copy has been served on the opposing party not less than 24 hours (Saturday and Sunday excluded from this calculation) prior to the temporary hearing.

   Except for good cause shown, no more than 20 pages of affidavits (excluding exhibits attached thereto), will be considered by the Court at the time of the temporary hearing.

   Where child support is an issue, counsel shall also prepare and exchange the applicable child support worksheets not less than 24 hours (Saturday and Sunday excluded from this calculation) prior to the temporary hearing.

   C. Ex Parte Custody Orders: No ex parte order shall be entered in a domestic relations case without one or more supporting affidavits from a party or his or her witnesses. Except for good cause shown, no ex parte temporary order shall be entered in a pending case if the opposing party is represented by counsel or a guardian ad litem/attorney for minor(s) has been appointed. If an ex parte order is issued, it shall be served upon the opposing party or counsel forthwith, and a temporary hearing date and time shall be set forth therein.

   D. Education and Mediation in Domestic Relations Cases:

   Parenting Education Course: Parties to domestic relations matters involving parenting issues of children are required to attend an approved parent education program within sixty (60) days from date of service of process or the date filing a voluntary appearance. A list of approved programs can be obtained from the Administrative Office of the Court.

   This requirement applies to all cases in which parenting issues are involved, including dissolution of marriage, determination of paternity, motions to enforce existing orders, and applications to modify existing custody orders.

   Participation in the course may be delayed or waived by the Court for good cause shown. Failure or refusal by any party to participate in the course shall not delay the entry of a final judgment by more than six (6) months.

   If the Court deems it appropriate, the parties may be required to complete a second level parenting class.

   E. Parenting Plan/Mediation:

   (1) For cases filed on or after July 1, 2010, all parties who have not submitted a parenting plan to the Court within the time specified by the Court shall be required to participate in mediation or specialized alternative dispute resolution with an approved mediator to complete a parenting plan or visitation schedule, including child custody, parenting time, grandparent visitation, and any other issues relating to the children that may be susceptible to mediation. A list of approved mediation service providers can be obtained from the Administrative Office of the Court.

   No trial date will be scheduled until mediation to resolve custody and/or parenting time/visitation issues have been attempted; provided, however, that failure to reach an agreement on a parenting plan shall not delay entry of a final judgment by more than 6 months. It is further provided that, notwithstanding the language in this paragraph, domestic violence issues may, upon consideration by the trial court, disqualify the parties from mediation. On or after July 1, 2010, a party may not terminate mediation until after an individual, initial screening session and one mediation or specialized alternative dispute resolution session are held.

   (2) When, in any case involving parenting issues as described in paragraph (1), there are allegations of domestic intimate partner abuse or unresolved parental conflict between the parties in any proceeding, or when screening by a mediator or mediation center identifies the presence of child abuse or neglect, unresolved parental conflict, domestic intimate partner abuse, other forms of intimidation or coercion, or a party's inability to negotiate freely and make informed decisions, then mediation shall not be required; however, the parents shall be required to meet with a mediator who is a trained facilitator in specialized alternative dispute resolution. The list of such trained and approved mediators can be obtained from the Administrative Office of the Courts.

   The specialized alternative dispute resolution process shall begin with each parent meeting individually with a qualified facilitator to provide an opportunity for the facilitator to educate each party about the process; obtain informed consent from each party in order to proceed; establish safety protocols; allow support persons to attend sessions; and consider opt-out-for-cause. Any party may terminate after an initial, individual screening session and one specialized alternative dispute resolution session are held. The primary consideration in each specialized alternative dispute resolution session shall be the safety of each party and each child. The facilitator of the process has a duty to determine whether to proceed in individual sessions or caucus sessions in order to address safety and freedom to negotiate. Joint sessions shall not be used unless, after a safety assessment by the facilitator, all parties agree to a joint session to be conducted at the courthouse, with appropriate safety measures in place.

   (3) For good cause shown and (i) when both parents agree and such parental agreement is bona fide and not asserted to avoid the purposes of the Parenting Act or (ii) when mediation or specialized alternative dispute resolution is not possible without undue delay or hardship to either parent, the mediation or specialized alternative dispute resolution requirement may be waived by the court. In such a case where waiver of the mediation or specialized alternative dispute resolution is sought, the court shall hold an evidentiary hearing and the burden of proof for the party or parties seeking waiver is by clear and convincing evidence.

   F. Child Support Guidelines Calculations:

   (1) In all matters in which a final order includes the setting of child support, a child support guideline calculation shall be completed by the parties and submitted to the court. A copy of said child support guideline calculation shall be attached to every proposed order submitted to the court.

   (2) If a deviation is proposed to be granted, the proposed order shall contain specific findings of fact which support the conclusion that a deviation is warranted, a completed worksheet 5 as specified in Neb. Ct. R. § 4-203, or both.

   A. A matter may be heard by telephonic conference call by permission or direction of the Court.

   B. All nonevidentiary hearings, and any evidentiary hearings approved by the Court and by stipulation of all parties that have filed an appearance, may be heard by the Court telephonically or by videoconferencing or by use of similar equipment, at any location within the judicial district as ordered by the Court and in a manner that ensures the preservation of an accurate record. Such hearings shall not include trials before a jury.

   C. Unless otherwise ordered by the court, all documentary evidence shall be submitted to the court at least 3 working days in advance of the hearing with copies to other counsel or pro se parties.

   D. The party requesting the telephone conference call shall be responsible for:

   (1) arranging the time for the conference call, with the Clerk if scheduled for a motion day and with the judge if scheduled otherwise;

   (2) serving written notice, clearly stating that the hearing will be held by telephone conference, on all other parties who will participate in the conference call.

   (3) initiating the call promptly at the time scheduled and providing for all expenses of the call; and,

   (4) utilizing appropriate equipment and systems to ensure that all persons participating have adequate sound quality and volume. If the Court determines that the sound quality or volume is insufficient, the court may require the party initiating the call to utilize other means to complete the hearing by telephone or terminate the telephonic hearing and schedule an in-court hearing.

   All correspondence with the Court regarding pending litigation shall refer to the subject case by case title, number, and county, and a copy of such correspondence shall be mailed to opposing counsel or pro se parties.

   Unless otherwise directed by the Court, court files may not be checked out.

   Affidavits, depositions, and other proposed exhibits in support of motions shall not be filed with the Clerk unless otherwise ordered by the Court. Nothing in this rule shall prohibit any properly filed pleading from being offered and received into evidence.

   In addition to the requirements of the Uniform District Court Rules, counsel may be permitted to withdraw from a matter upon filing an affidavit which:

   A. Recites that the motion to withdraw and notice of hearing has been served upon the client and all parties of record; and,

   B. Provides the client's last known mailing address.

   Court-appointed counsel shall be paid an hourly fee established by the Court and kept on file with the Clerk. Before court-appointed counsel's claim for payment is allowed, such attorney shall file a written motion for fees, positively verified, itemizing the time and expenses spent on the case. All motions for fees shall be served on the County Attorney.

   It is the duty of counsel to notify the Clerk of the Court that an interpreter is necessary. Such notice will be given as soon as possible and in no event less than 10 days prior to hearing. This rule is in addition to the requirements of the Rules Relating to Court Interpreters adopted by the Supreme Court.

    The following rule is adopted by the County and District Courts of the Sixth Judicial District for the appointment of indigent counsel for individuals charged with crimes of misdemeanors and felonies after January 1, 2015. This rule shall not apply to criminal proceedings in which the court appoints the Public Defender or the Nebraska Commission on Public Advocacy.

1. GENERAL.

1. Appointments of private attorneys shall be made on an impartial and equitable basis.

2. The appointments shall be distributed among the attorneys on a rotation system except as provided in Section III.

3. Cases shall be assigned to attorneys of sufficient experience, skill, and competence to render effective assistance of counsel to defendants.

4. Complex cases shall be assigned to attorneys with sufficient levels of experience and competence to provide adequate representation.

5. Less experienced attorneys should be assigned cases which are within their capabilities, but should be given the opportunity to expand their experience under supervision.

2. COURT-APPOINTED ATTORNEY LIST.

1. Each County and District Court shall maintain a court-appointed attorney list from which attorneys shall be appointed to represent indigent defendants.

2. Attorneys may contact the County and District Court in each County and request the Clerks thereof to place them on, or remove them from, the court-appointed list.

3. The Clerks shall make the court-appointed attorney list available upon request.

3. METHOD OF SELECTION FROM COURT-APPOINTED LIST.

1. The court will generally attempt to appoint attorneys from the court-appointed attorney list on a rotational basis, subject to the court’s sole discretion to make exceptions due to:

1. the nature and complexity of the case;

2. an attorney’s experience;

3. the nature and disposition of the defendant;

4. a language consideration;

5. a conflict of interest;

6. the availability of an attorney, taking into consideration an immediate need to address issues involved in the case;

7. geographical considerations; and

8. other relevant factors that may be involved in a specific case.

2. If the court in its sole discretion varies from the rotation basis, it may appoint any qualified attorney, whether or not the attorney is on the court-appointed attorney list.

4. REMOVAL AND REINSTATMENT FROM APPOINTMENT LIST.

1. Judges will monitor attorney performance on a continuing basis to ensure the competency of attorneys on the list. An attorney may be removed from the appointment list by a majority vote of County and District Court judges.

2. If an attorney is under consideration for removal from the list, written notification will be given indicating the concerns with his or her performance giving rise to consideration for removal, and be given the opportunity to respond in writing or in person before a final decision is made.

3. An attorney who has been removed from the list may be considered for reinstatement by a majority vote of the judges, after the deficiencies contained in the notice have been resolved.

Rule 6-10 approved February 19, 2015.

   The following rule is adopted by the County and District Courts of the Sixth Judicial District for the appointment of indigent counsel for individuals charged with crimes of misdemeanors and felonies after January 1, 2015. This rule shall not apply to criminal proceedings in which the court appoints the Public Defender or the Nebraska Commission on Public Advocacy.

1. GENERAL.

1. Appointments of private attorneys shall be made on an impartial and equitable basis.

2. The appointments shall be distributed among the attorneys on a rotation system except as provided in Section III.

3. Cases shall be assigned to attorneys of sufficient experience, skill, and competence to render effective assistance of counsel to defendants.

4. Complex cases shall be assigned to attorneys with sufficient levels of experience and competence to provide adequate representation.

5. Less experienced attorneys should be assigned cases which are within their capabilities, but should be given the opportunity to expand their experience under supervision.

2. COURT-APPOINTED ATTORNEY LIST.

1. Each County and District Court shall maintain a court-appointed attorney list from which attorneys shall be appointed to represent indigent defendants.

2. Attorneys may contact the County and District Court in each County and request the Clerks thereof to place them on, or remove them from, the court-appointed list.

3. The Clerks shall make the court-appointed attorney list available upon request.

3. METHOD OF SELECTION FROM COURT-APPOINTED LIST.

1. The court will generally attempt to appoint attorneys from the court-appointed attorney list on a rotational basis, subject to the court’s sole discretion to make exceptions due to:

1. the nature and complexity of the case;

2. an attorney’s experience;

3. the nature and disposition of the defendant;

4. a language consideration;

5. a conflict of interest;

6. the availability of an attorney, taking into consideration an immediate need to address issues involved in the case;

7. geographical considerations; and

8. other relevant factors that may be involved in a specific case.

2. If the court in its sole discretion varies from the rotation basis, it may appoint any qualified attorney, whether or not the attorney is on the court-appointed attorney list.

4. REMOVAL AND REINSTATMENT FROM APPOINTMENT LIST.

1. Judges will monitor attorney performance on a continuing basis to ensure the competency of attorneys on the list. An attorney may be removed from the appointment list by a majority vote of County and District Court judges.

2. If an attorney is under consideration for removal from the list, written notification will be given indicating the concerns with his or her performance giving rise to consideration for removal, and be given the opportunity to respond in writing or in person before a final decision is made.

3. An attorney who has been removed from the list may be considered for reinstatement by a majority vote of the judges, after the deficiencies contained in the notice have been resolved.

Approved February 19, 2015.

   The following rule is adopted by the District and County Courts of the Sixth Judicial District for modified operating procedures effective January 1, 2022.

   A. Purpose: This rule is to establish a procedure for determining when Modified Operating Procedures shall be implemented and what those procedures shall be.

   B. Applicability: These procedures to be followed only upon a determination that normal operating procedures have been interrupted.

   C. When does implementation occur: Implementation of Modified Operating Procedures shall occur upon a determination by the presiding Judges of the District and County Court of the Sixth Judicial District.

   (1) Implementation shall occur upon mandates by Federal, State, or Local Government or upon determination by the District and County Court Judges after consulting with relevant local stakeholders, as determined by the local Judges and the presiding Judges.

   (2) Local stakeholders shall include, but not be limited to, the following: County Board, Local Law Enforcement (police and Sheriff), County Attorney’s Office, Public Defender’s Office, Sixth Judicial District Judges, Local Health Boards, Probation, Corrections, Local County Bar Association, and County and District Court Clerks and Clerk Magistrates.

   (3) It will be the duty of the Presiding Judges of the County Court and District Court to coordinate and facilitate communications with the stakeholders to plan and implement modified court procedures.

   D. Notice: Notice of implementation of Modified Operating Procedures shall be by posting on the Local Courthouse, media outlets, web sites, and any other means as determined by the Presiding Judges.

   E. Modified Operating Procedures:

   (1) Upon interruption of normal operating procedures by pandemic, natural disaster, or any other unforeseen circumstance the Court shall proceed to modify its operating procedures to ensure that all essential functions of the Court continue:

   (2) Essential functions shall include the following:

   (a) All custodial criminal proceedings;

   (b) Protection orders;

   (c) Receipt of all filings;

   (d) Criminal warrants (not to include time payment warrants);

   (e) Juvenile intakes;

   (f) Receipt of financial payments;

   (g) Processing of appeals;

   (h) Habeas corpus proceedings;

   (i) Statutorily mandated proceedings;

   (j) Emergency ex parte custody orders and emergency placement orders; and

   (k) Any other matters deemed essential upon determination by the presiding Judges of the District.

   (3) The Presiding Judges of the County and District Courts of the Sixth Judicial District shall develop protocols and procedures to allow the Courts to carry on essential functions. Those may include the following:

   (a) Use of virtual proceedings. (i.e., Webex, Zoom, etc.);

   (b) Relocation of the actual courtrooms;

   (c) Alternative filing methods; and

   (d) All other protocols deemed necessary by the Presiding Judges to carry on essential functioning.

   F. Notification: Notification of these protocols shall be by posting, e-mail, and any other methods available to ensure notice to Parties, Counsel, and the public.

   G. Return to Normal Operating Procedures: The Presiding Judges of the District shall be responsible for determining when the Courts return to normal operating procedures. Notice shall be provided as mentioned above to inform parties, counsel, and the public of the return to normal functioning.

Approved April 12, 2023.

   A. Moving Party: The moving party shall set forth in the brief in support of the motion for summary judgment, the basis for the motion, including the rule of procedure or statute under which the motion is filed, and a separate statement of each material fact as to which the moving party contends that there is no genuine issue to be tried and each shall identify the specific document or portion thereof for discovery response or deposition (by page and line) which it is claimed established the fact.

   B. Opposing Party: The party opposing a motion for summary judgment shall set forth in its opposing brief a separate statement of each material fact to which it is contended there exists a genuine issue to be tried and as to each shall identify the specific document or discovery response or deposition testimony (by page and line) which it is claimed established the issue.

Rule 6-11 approved September 6, 2017.

   To curtail undue delay in the administration of justice, all motions relating to compulsion of discovery shall include a written showing that after personal consultation between counsel for opposing parties and reasonable efforts to resolve differences, counsel are unable to reach an accord. As used herein, counsel includes parties who are acting pro se.

Rule 6-12 approved September 6, 2017.

   There shall be one term of court, commencing on January 1 and ending on December 31 of each calendar year. No order shall be required to either open or close any term of court.

Rule 6-13 approved September 6, 2017.

   The following rule is adopted by the District and County Courts of the Sixth Judicial District for modified operating procedures effective January 1, 2022.

   A. Purpose: This rule is to establish a procedure for determining when Modified Operating Procedures shall be implemented and what those procedures shall be.

   B. Applicability: These procedures to be followed only upon a determination that normal operating procedures have been interrupted.

   C. When does implementation occur: Implementation of Modified Operating Procedures shall occur upon a determination by the presiding Judges of the District and County Court of the Sixth Judicial District.

   (1) Implementation shall occur upon mandates by Federal, State, or Local Government or upon determination by the District and County Court Judges after consulting with relevant local stakeholders, as determined by the local Judges and the presiding Judges.

   (2) Local stakeholders shall include, but not be limited to, the following: County Board, Local Law Enforcement (police and Sheriff), County Attorney’s Office, Public Defender’s Office, Sixth Judicial District Judges, Local Health Boards, Probation, Corrections, Local County Bar Association, and County and District Court Clerks and Clerk Magistrates.

   (3) It will be the duty of the Presiding Judges of the County Court and District Court to coordinate and facilitate communications with the stakeholders to plan and implement modified court procedures.

   D. Notice: Notice of implementation of Modified Operating Procedures shall be by posting on the Local Courthouse, media outlets, web sites, and any other means as determined by the Presiding Judges.

   E. Modified Operating Procedures:

   (1) Upon interruption of normal operating procedures by pandemic, natural disaster, or any other unforeseen circumstance the Court shall proceed to modify its operating procedures to ensure that all essential functions of the Court continue:

   (2) Essential functions shall include the following:

   (a) All custodial criminal proceedings;

   (b) Protection orders;

   (c) Receipt of all filings;

   (d) Criminal warrants (not to include time payment warrants);

   (e) Juvenile intakes;

   (f) Receipt of financial payments;

   (g) Processing of appeals;

   (h) Habeas corpus proceedings;

   (i) Statutorily mandated proceedings;

   (j) Emergency ex parte custody orders and emergency placement orders; and

   (k) Any other matters deemed essential upon determination by the presiding Judges of the District.

   (3) The Presiding Judges of the County and District Courts of the Sixth Judicial District shall develop protocols and procedures to allow the Courts to carry on essential functions. Those may include the following:

   (a) Use of virtual proceedings. (i.e., Webex, Zoom, etc.);

   (b) Relocation of the actual courtrooms;

   (c) Alternative filing methods; and

   (d) All other protocols deemed necessary by the Presiding Judges to carry on essential functioning.

   F. Notification: Notification of these protocols shall be by posting, e-mail, and any other methods available to ensure notice to Parties, Counsel, and the public.

   G. Return to Normal Operating Procedures: The Presiding Judges of the District shall be responsible for determining when the Courts return to normal operating procedures. Notice shall be provided as mentioned above to inform parties, counsel, and the public of the return to normal functioning.

Approved March 23, 2022.

   Virtual meetings will be available for nontestimonial proceedings based upon the sole discretion of each County and District Judge within his/her courtroom. Requests to participate by virtual proceedings shall be made to the Bailiff/Courtroom Clerk at least 48 hours in advance of the hearing. Each party appearing remotely will need to be logged in 5 minutes in advance of the hearing.

   Testimonial hearings shall not be conducted remotely except for when extraordinary circumstances arise and then it will be at the sole discretion of the County and District Judge within his/her courtroom, consistent with Neb. Rev. Stat. §§ 24-303 and 24-734.

Approved February 16, 2023.

  Virtual meetings will be available for nontestimonial proceedings based upon the sole discretion of each County and District Judge within his/her courtroom. Requests to participate by virtual proceedings shall be made to the Bailiff/Courtroom Clerk at least 48 hours in advance of the hearing. Each party appearing remotely will need to be logged in 5 minutes in advance of the hearing.

   Testimonial hearings shall not be conducted remotely except for when extraordinary circumstances arise and then it will be at the sole discretion of the County and District Judge within his/her courtroom, consistent with Neb. Rev. Stat. §§ 24-303 and 24-734.

Approved October 19, 2022.

   These rules for the district court of the Seventh Judicial District shall become effective upon approval by the Supreme Court and publication in the Nebraska Advance Sheets and shall supplement the Uniform District Court Rules of Practice and Procedure adopted by the Supreme Court.

Adopted effective September 22, 1995.

   The regular term of the court in each county shall be deemed to commence on January 1 of each calendar year and shall be deemed to conclude on December 31 of the same calendar year. No order opening or closing such term shall be required.

Adopted effective September 22, 1995. 

   All stipulations not made in open court or in chambers and recorded by the reporter and all agreements of counsel or parties to a suit must be reduced to writing and signed by the parties making the same and filed with the clerk, or they will not be recognized or considered by the court.

Adopted effective September 22, 1995.

   All correspondence with the court regarding pending litigation shall refer to the subject case by case title, number, and county, and a copy of such correspondence shall be mailed to opposing counsel or pro se litigant. If the correspondence entails the transmittal of pleadings or journal entries, orders, or decrees by the court, preaddressed, stamped envelopes required for those purposes shall be enclosed therewith.

Adopted effective September 22, 1995.

   Pretrial conferences will be set by pretrial progression order of the court.

Adopted effective September 22, 1995. 

   The following rule is adopted by the District Courts of the Seventh Judicial District for the appointment of legal counsel for indigent individuals charged with crimes of misdemeanors and felonies after January 1, 2015.

1. Counsel for indigent defendants shall be provided in accordance with Neb. Rev. Stat. §§ 29-3901 to 29-3908. Attorneys shall provide legal counsel to all clients in a professional, skilled manner consistent with the Nebraska Supreme Court Rules of Professional Conduct. Each county’s public defender shall have first priority to be appointed for any indigent defendant in all criminal cases within the county. The rules set forth in the paragraphs below shall deal with the appointment of licensed practicing attorneys for the purpose of representing indigent defendants when there is no local public defender available.

2. Each clerk of the county and district court shall maintain a court-appointed attorney list from which attorneys shall be appointed to represent indigent defendants. Attorneys may contact the clerks in each county and district court and may request the clerks thereof to place them on or remove them from the court-appointed list. The list shall have a priority category as follows: the first category listing shall include those attorneys having an office located within the county of such appointment. The second category listing shall include names of attorneys having an office located within any of the counties immediately adjacent to the county of such appointment. This list shall be held by the clerk of either the county or district court and be open for public inspection upon request.

3. The clerk of either the county or district court shall keep a separate list of case appointments of licensed attorneys for indigent defendants except those cases where defendants are represented by the county’s public defender. The list shall include the name, criminal case number, and date of appointment of the attorney to the case. This list shall also be open to public inspection upon request.

4. The appointment of attorneys to indigent defendants shall be on a rotational basis, using the first category listing above. No attorney on the first category listing shall be appointed to an indigent defendant a second time without first ensuring that all attorneys in the first category have been appointed on cases or have been disqualified based upon conflicts. Attorneys in the second category listing shall be used when no first category listing attorneys are available. Any use of second category listing attorneys shall be on a rotational basis, as well.

5. Cases shall be assigned to attorneys of sufficient experience, skill, and competence to render effective assistance of counsel to defendants. Complex cases shall be assigned to attorneys with sufficient levels of experience and competence to provide adequate representation. Less experienced attorneys shall be assigned cases which are within their capabilities, but shall be given the opportunity to expand their experience under supervision.

6. The appointing court will generally appoint attorneys subject to the court’s sole discretion to make appointments due to:

1. The nature and complexity of the case;

2. An attorney’s experience;

3. The nature and disposition of the defendant;

4. The language consideration;

5. A conflict of interest;

6. The availability of an attorney, taking into consideration an immediate need to address issues involved in the case;

7. Geographical considerations; and

8. Other relevant factors that may be involved in the specific case.

   The Court may, in its sole discretion, vary from the rotational basis and may appoint any qualified attorney, whether or not the attorney is on the court-appointed attorney list. Nothing shall prevent an appointing court from skipping the rotational basis in appointing the Nebraska Commission on Public Advocacy on a case-by-case basis for any indigent defendant.

7. Judges shall monitor attorney performance on a continuing basis to ensure the competency of the attorneys on the list. An attorney may be removed from the appointment list by a majority vote of county and district court judges. If an attorney is under consideration for removal from the list, written notification shall be given to that attorney indicating the concerns with his or her performance giving rise to consideration for removal. The attorney shall be given the opportunity to respond in writing or in person before a final decision is made. An attorney who has been removed from the list may be considered for reinstatement by a majority vote of the county and district court judges, after the deficiencies contained in the notice have been resolved.

Adopted effective September 22, 1995; amendments approved February 19, 2015..

   All pretrial and posttrial motions shall be heard on the next succeeding regularly scheduled civil motion day (established annually by order of the court) following expiration of 10 days after filing.

   A. Civil Motion Calendar: The clerk of the district court shall maintain a Motion Calendar showing all such motions and shall mail a copy of the current portion of the Motion Calendar to the district judge then presiding, to each attorney of record, and to each party appearing pro se, having such motions assigned for hearing at least 1 week before such motion day. Counsel shall not be required to appear personally at the motion hearing. Counsel electing not to appear personally may provide the court with a written memorandum of authority in support of or opposition to the motion at least 3 days prior to the hearing date.

   B. Criminal Calendar: The clerk of the district court shall maintain a Criminal Calendar showing all criminal matters and scheduling the same for hearing on the first Criminal Day after the filing thereof or as ordered by the court. All domestic abuse protection order matters shall also be set for hearing on the Criminal Calendar.
   The clerk of the district court shall mail a copy of the current portion of the Criminal Calendar to the district judge then presiding, to each attorney of record, and to each party appearing pro se, having a case assigned for hearing, at least 1 week before such Criminal Day.

   C. Domestic Relations Calendar: The clerk of the district court shall maintain a Domestic Relations Calendar showing all domestic relations matters and scheduling the same for hearing on the first Domestic Relations Day after the expiration of 60 days from the perfecting of service; provided, applications for modification shall be set for hearing on the first Domestic Relations Day after the expiration of 30 days from the perfecting of service; provided further, contempt proceedings shall be set for hearing on the first Domestic Relations Day after the expiration of 14 days from the filing thereof.

   The clerk of the district court shall mail a copy of the current portion of the Domestic Relations Calendar to the district judge then presiding, to each attorney of record, and to each party appearing pro se having a case assigned for hearing, at least 1 week before such Domestic Relations Day.

   The regularly scheduled motion day shall be the Criminal Day and Domestic Relations Day in Antelope, Cuming, Pierce, Stanton, Knox, and Wayne Counties, and the Domestic Relations Day and Criminal Day shall be as annually ordered by the court in Madison County.

   The parties to a domestic relations action involving permanent custody or permanent visitation shall complete a court-approved parenting education course pursuant to the Order and Policy established by the Court and maintained on file with the Clerk.

Adopted effective September 22, 1995; amended December 20, 2002.

   No court file shall be removed from the clerk's office except under exceptional circumstances and then only for good cause shown. This rule shall not apply to transcripts or bills of exceptions.

   Attorneys may check out transcripts and bills of exceptions from the clerk's office for not more than 7 days. Before removing any such transcript or bill of exceptions, a receipt therefor shall be executed and left with the clerk. If the transcript or bill of exceptions is not returned within 7 days, or sooner if ordered by the court, the clerk, by written notice, shall warn that checkout privileges will be suspended unless such item is returned forthwith. On failure of such return, the clerk is directed by the court to suspend until further order the checkout privileges of the involved attorney.

   Any person may obtain photocopies of any public filings at a cost of 25 cents per page.

   This rule shall not apply to the judge or his or her designate.

Adopted effective September 22, 1995.

   Upon a showing of good cause, any of the foregoing rules shall be subject to such modification by the court as may be necessary in special instances to meet emergencies or to avoid injustice or great hardship.

Adopted effective September 22, 1995.

   A. Any and all hearings to be heard by the Court shall be attended by the attorneys and parties, in person, except as otherwise permitted by this Rule.

   B. Any remote hearing, whether by teleconference, videoconference, or both, shall only occur with prior court authorization from the District Court judge presiding over the case. This shall include any hearing where either party, their legal counsel, or any witness desires to appear in court utilizing these methods.

   C. The following types of hearings may occur by remote teleconferencing or videoconferencing means:

- Criminal pretrial conferences

- Non-evidentiary criminal pretrial motion hearings

- Criminal sentencing hearings when the defendant is in custody

- Civil pretrial conferences

- Non-evidentiary civil pretrial motion hearings

   D. The following types of hearings may occur by remote teleconferencing or videoconferencing means, only by way of stipulation of the parties and/or by permission of the Court, at times and dates specifically set by the Court, and on a case-by-case basis. The Court shall grant permission for remote hearings at its sole discretion:

- Criminal preliminary hearings

- Criminal arraignments

- Criminal bond review hearings

- The taking of or changing of plea(s)

- Appeal hearings

- Juvenile detention hearings

- Harassment, domestic relations, and sexual assault protection order hearings

- Criminal evidentiary hearings

- Civil bench trials

- Civil evidentiary hearings

- Witness testimony during any civil or criminal trial or proceeding before a jury  or to the bench

- Weekly drug court hearings

- Drug court termination and/or sanction hearings

   E. The following rules shall apply to all videoconferencing hearings. If any party, witness, or attorney appears before the Court by way of videoconferencing, they must adhere to the following rules:

- If the Court determines the quality of the remote hearing is not adequate for a full and fair hearing of the issues, the hearing will be rescheduled to a later date with counsel and the parties appearing in court.

- Any person who appears must be located in a room with any and all access doors closed and with no one else in the room, except legal counsel.

- Any and all cell or landline phones must be turned off or disconnected at all times.

- There shall be no distractions from any family member, person, or animal.

- There shall be no television, movie, or any other electronic device turned on such that it provides distraction to the person appearing by way of videoconferencing or to the Court.

- There shall be no video or audio hearing that shall occur if appearance by way of this method violates a person’s right of confrontation or any other statutory or constitutional right.

- Attorneys shall be attired in ordinary business wear; all other participants shall be attired in a manner acceptable for an in-person court appearance.

- No person shall smoke, eat, drink beverages, or engage in other distracting conduct while the hearing is in session.

- Microphones of all participants shall be muted at all times unless it is their turn to speak or unless otherwise instructed by the judge.

- Any party may petition the Court and request a hearing, on the record, for relief from, or to amend the proposed procedures, as outlined in this Rule.

Adopted December 18, 2002; amended November 23, 2022.   

   Both the moving party and the opposing party shall submit a brief in support of or in opposition to a motion for summary judgment at or prior to hearing. The brief of the moving party shall contain a statement of each material fact supporting the contention that there is no genuine issue to be tried. All briefs shall identify the specific documents (pleadings, depositions, affidavits, admissions, and other discovery responses) by page and line which are claimed to support the position of that party.

Adopted December 18, 2002.

   Except as provided by § 43-2937(4), all parties to a domestic relations action involving child custody, child support, parenting time, visitation or other access, or removal from the jurisdiction of the court, including original actions or modifications, who have not submitted a stipulated parenting plan to the court by the date of the pretrial conference, or in the event there is no pretrial conference, by the date of the final hearing/trial shall be required to participate in mediation or specialized alternative dispute resolution in an effort to complete a stipulated parenting plan, and  no final hearing/trial will be held until mediation has been attempted in accordance with §§ 43-2937(3) and 43-2939(6).

Approved May 12, 2010; effective July 1, 2010.

   The following rule is adopted by the District Courts of the Seventh Judicial District for the appointment of legal counsel for indigent individuals charged with crimes of misdemeanors and felonies after January 1, 2015.

1. Counsel for indigent defendants shall be provided in accordance with Neb. Rev. Stat. §§ 29-3901 to 29-3908. Attorneys shall provide legal counsel to all clients in a professional, skilled manner consistent with the Nebraska Supreme Court Rules of Professional Conduct. Each county’s public defender shall have first priority to be appointed for any indigent defendant in all criminal cases within the county. The rules set forth in the paragraphs below shall deal with the appointment of licensed practicing attorneys for the purpose of representing indigent defendants when there is no local public defender available.

2. Each clerk of the county and district court shall maintain a court-appointed attorney list from which attorneys shall be appointed to represent indigent defendants. Attorneys may contact the clerks in each county and district court and may request the clerks thereof to place them on or remove them from the court-appointed list. The list shall have a priority category as follows: the first category listing shall include those attorneys having an office located within the county of such appointment. The second category listing shall include names of attorneys having an office located within any of the counties immediately adjacent to the county of such appointment. This list shall be held by the clerk of either the county or district court and be open for public inspection upon request.

3. The clerk of either the county or district court shall keep a separate list of case appointments of licensed attorneys for indigent defendants except those cases where defendants are represented by the county’s public defender. The list shall include the name, criminal case number, and date of appointment of the attorney to the case. This list shall also be open to public inspection upon request.

4. The appointment of attorneys to indigent defendants shall be on a rotational basis, using the first category listing above. No attorney on the first category listing shall be appointed to an indigent defendant a second time without first ensuring that all attorneys in the first category have been appointed on cases or have been disqualified based upon conflicts. Attorneys in the second category listing shall be used when no first category listing attorneys are available. Any use of second category listing attorneys shall be on a rotational basis, as well.

5. Cases shall be assigned to attorneys of sufficient experience, skill, and competence to render effective assistance of counsel to defendants. Complex cases shall be assigned to attorneys with sufficient levels of experience and competence to provide adequate representation. Less experienced attorneys shall be assigned cases which are within their capabilities, but shall be given the opportunity to expand their experience under supervision.

6. The appointing court will generally appoint attorneys subject to the court’s sole discretion to make appointments due to:

1. The nature and complexity of the case;

2. An attorney’s experience;

3. The nature and disposition of the defendant;

4. The language consideration;

5. A conflict of interest;

6. The availability of an attorney, taking into consideration an immediate need to address issues involved in the case;

7. Geographical considerations; and

8. Other relevant factors that may be involved in the specific case.

   The Court may, in its sole discretion, vary from the rotational basis and may appoint any qualified attorney, whether or not the attorney is on the court-appointed attorney list. Nothing shall prevent an appointing court from skipping the rotational basis in appointing the Nebraska Commission on Public Advocacy on a case-by-case basis for any indigent defendant.

7. Judges shall monitor attorney performance on a continuing basis to ensure the competency of the attorneys on the list. An attorney may be removed from the appointment list by a majority vote of county and district court judges. If an attorney is under consideration for removal from the list, written notification shall be given to that attorney indicating the concerns with his or her performance giving rise to consideration for removal. The attorney shall be given the opportunity to respond in writing or in person before a final decision is made. An attorney who has been removed from the list may be considered for reinstatement by a majority vote of the county and district court judges, after the deficiencies contained in the notice have been resolved.

Approved February 19, 2015.

   The purpose of this Rule is to develop a continuity of operations “plan” to ensure the continued functioning of the County Court in the event that an emergency threatens or incapacitates Court operations and alternative Court operations, including the relocation of selected personnel and functions to an alternate facility, is required.

   In the event of a natural disaster, widespread pandemic, essential utility failure, hazardous material incident, major civil disturbance, terrorist incident, or any other event or circumstance which threatens the ongoing business of the Court, or the use of Courtroom facilities, the contents of this rule shall be referenced and implemented.

   A. In the event such situation exists, as referenced in Paragraph A above, it will be the responsibility of the County Judges, with the ultimate decision to be made by the presiding County Judge, to determine when emergency modified Court operations should go into effect, and ultimately, when normal Court operations should resume. Criteria for making these decisions shall include, but not be limited to:

   i. Consultation with the Nebraska Supreme Court, the Nebraska State Court Administrator, the County Judges of the Seventh Judicial District, and any other presiding District or County Court Judge in the State of Nebraska;

   ii. Consideration of recommendations from local, state, and national health departments or officials;

   iii. Necessary and relevant input from any Courthouse officials, including members of the county board of commissioners, the county attorney, the county public defender, county law enforcement officials, the Courthouse building maintenance supervisor, and any other local or state executive officer, fire and rescue official, hospital representative, or emergency management official which the Judges of the County Court deem necessary; and

   iv. Input from leadership representatives and members of the local bar association.

   B. The following list of judicial stakeholders shall be consulted by the County Court Judges, at their discretion, when planning and implementing any emergency modified Court operations:

   - County attorney

   - County public defender

   - Local bar association representatives

   - County Court clerk

   - Local county board of commissioners

   - Courthouse and community law enforcement officials

   - Courthouse jailer

   - Judicial staff

   - Local Probation Office

   C. It shall be the responsibility of the presiding County Court Judge, or any other individual designated by the presiding County Court Judge, to coordinate and facilitate communication with those judicial stakeholders, as listed in Paragraph C above, in order to plan and implement any emergency modified Court operation plan which is deemed necessary for the continued administration of law and justice, for the benefit of the general public.

   D. Mission Essential Functions is hereby defined as any function that is essential to the operation of the Court for the administration of justice and the affording of constitutional rights that cannot be deferred for more than a 30-day period. Any function not deemed “mission essential” shall be deferred, as per order of the County Court, until additional personnel and resources become available. The following functions are deemed Mission Essential Functions:

   i. Determinations of probable cause and the setting of bonds in criminal cases;

   ii. Preliminary hearings for individuals charged with felony offenses and who are unable to post bond;

   iii. Detention hearings for juvenile offenders;

   iv. Placement hearings for juveniles placed out of home;

   v. Domestic abuse protection order hearings, harassment protection order hearings, and sexual assault protection order hearings;

   vi. Hearings to determine good cause for the continuation of a criminal jury trial when a defendant’s constitutional right to a speedy trial has not been previously waived; and

   vii. Restitution of premises hearings.

   Additionally, the County Court Judges shall determine when and under what circumstances that any mission essential or nonessential function may occur, including, but not limited to, the following:

   i. Changing the location where any hearing or function is to occur;

   ii. Changing the date/time where any hearing or function is to occur; and

   iii. Allowing any function or hearing to occur by means of audio and/or videoconferencing technology, this is not in violation of any individual’s statutory or constitutional rights.

   E. Viable alternative facilities may be needed to relocate staff when an emergency threatens or incapacitates Court operations, or when Court hearings/trials need to occur at a facility or location outside the County Courthouse or County Courtroom. In that event, the presiding County Judge shall make arrangements for other facilities to be contacted and designated for such use, and also to make arrangements for any compensation necessary for such matters. Additionally, the presiding County Judge shall keep and maintain an up-to-date list of any and all local contacts and potential facilities that may need to be utilized for such purposes. The presiding County Judge may designate the responsibilities under this paragraph to any person he/she deems necessary for carrying out the duties outlined herein.

   F. In the event that any emergency modified court operations are necessary, the Clerk of the County Court, or any person he/she might so designate, shall be responsible for notifying any and all court users, legal counsel, interpreters, and jurors, as well as the general public, concerning the necessity of emergency modified court operations, how any future mission essential or nonessential functions of the court will occur, and when these are discontinued and normal court operations will resume. This will occur by the use of any postal, internet, telephone, news/media outlet, or any other form of information dissemination which the County Court Clerk deems reasonable and necessary in order to convey this information.

Approved March 23, 2022.

   The Seventh Judicial District's Problem-Solving Court programs shall be presided over by a district judge as selected by the appointed district judges of the district, with the consent of the appointed judge. Said appointed judge shall perform the judicial duties required by that problem-solving court. The term of the appointment shall be as agreed to by the district judges.

   Prior to assuming the position of presiding problem-solving court judge, or as soon thereafter as practical, the appointed judge shall attend a judicial training program administered by the National Drug Court Institute or other certified training program approved by the State of Nebraska's Problem-Solving Court Coordinator. The appointed judge shall, thereafter, attend additional training events in compliance with Nebraska's Problem-Solving Court standards.

   In the event of the appointed presiding problem-solving judge's death, disability, retirement, resignation, removal, elevation to another court, or failure to be retained, the remaining judges shall immediately appoint a succeeding judge who shall then take over responsibility for performing the judicial duties of the recently vacated position, including attending any certified training required by this rule.

Rule 7-13 approved May 10, 2017.

   The purpose of this Rule is to develop a continuity of operations “plan” to ensure the continued functioning of the District Court in the event that an emergency threatens or incapacitates court operations and alternative court operations, including the relocation of selected personnel and functions to an alternate facility, is required.

   A. In the event of a natural disaster, widespread pandemic, essential utility failure, hazardous material incident, major civil disturbance, terrorist incident, or any other event or circumstance which threatens the ongoing business of the Court, or the use of courtroom facilities, the contents of this rule shall be referenced and implemented.

   B. In the event such situation exists, as referenced in Paragraph A above, it will be the responsibility of the District judges, with the ultimate decision to be made by the presiding District judge, to determine when emergency modified court operations should go into effect, and ultimately, when normal court operations should resume. Criteria for making these decisions shall include, but not be limited to:

   1. Consultation with the Nebraska Supreme Court, the Nebraska State Court Administrator, the county judges of the Seventh Judicial District, and any other presiding district or county court judge in the State of Nebraska;

   2. Consideration of recommendations from local, state and national health departments or officials;

   3. Necessary and relevant input from any courthouse officials, including members of the county board of commissioners, the county attorney, the county public defender, county law enforcement officials, the courthouse building maintenance supervisor, and any other local or state executive officer, fire and rescue official, hospital representative, or emergency management official which the judges of the District Court deem necessary; and

   4. Input from leadership representatives and members of the local bar association.

   C. The following list of judicial stakeholders shall be consulted by the District Court judges, at their discretion, when planning and implementing any emergency modified court operations:

   1. County attorney;

   2. County public defender;

   3. Local bar association representatives;

   4. District Court clerk;

   5. Local county board of commissioners;

   6. Courthouse and community law enforcement officials;

   7. Courthouse jailer;

   8. Judicial staff; and

   9. Local Probation Office.

   D. It shall be the responsibility of the presiding District Court judge, or any other individual designated by the presiding District Court judge, to coordinate and facilitate communication with those judicial stakeholders, as listed in Paragraph C above, in order to plan and implement any emergency modified court operation plan which is deemed necessary for the continued administration of law and justice, for the benefit of the general public.

   E. Mission Essential Functions is hereby defined as any function that is essential to the operation of the Court for the administration of justice and the affording of constitutional rights that cannot be deferred for more than a 30-day period. Any function not deemed “mission essential” shall be deferred, as per order of the District Court, until additional personnel and resources become available. The following functions are deemed Mission Essential Functions:

   1. Determinations of probable cause and the setting of bonds in criminal cases;

   2. Preliminary hearings for individuals charged with felony offenses and who are unable to post bond;

   3. Detention hearings for juvenile offenders.

   4. Domestic abuse protection order hearings, harassment protection order hearings, and sexual assault protection order hearings;

   5. Hearings to determine good cause for the continuation of a criminal jury trial when a defendant’s constitutional right to a speedy trial has not been previously waived; and

   6. Habeas corpus hearings;

   7. Additionally, the District Court judges shall determine when and under what circumstances that any mission essential or nonessential function may occur, including, but not limited to, the following:

   a. Changing the location where any hearing or function is to occur;

   b. Changing the date/time where any hearing or function is to occur; and

   c. Allowing any function or hearing to occur by means of audio and/or videoconferencing technology, which is not in violation of any individual’s statutory or constitutional rights.

   F. Viable alternative facilities may be needed to relocate staff when an emergency threatens or incapacitates court operations, or when court hearings/trials need to occur at a facility or location outside the County courthouse or District courtroom. In that event, the presiding District judge shall make arrangements for other facilities to be contacted and designated for such use, and also to make arrangements for any compensation necessary for such matters. Additionally, the presiding District judge shall keep and maintain an up-to-date list of any and all local contacts and potential facilities that may need to be utilized for such purposes. The presiding District Court judge may designate the responsibilities under this paragraph to any person he/she deems necessary for carrying out the duties outlined herein.

   G. In the event that any emergency modified court operations are necessary, the Clerk of the District Court, or any person he/she might so designate, shall be responsible for notifying any and all court users, legal counsel, interpreters, and jurors, as well as the general public, concerning the necessity of emergency modified court operations, how any future mission essential or nonessential functions of the Court will occur, and when these are discontinued and normal court operations will resume. This will occur by the use of any postal, internet, telephone, news/media outlet, or any other form of information dissemination which the District Court Clerk deems reasonable and necessary in order to convey this information.

Approved March 23, 2022.

   In the discretion of the judge presiding, courtroom proceedings may be broadcast, both by audio and video, and may be televised, recorded, or photographed (hereafter collectively referred to as “broadcast”) under the following conditions:

   (1) On an interim basis, these rules regarding expanded media coverage apply only to proceedings over which Judges Michael Long, Ross Stoffer, or Donna Taylor are presiding,^[i] taking place within the Seventh Judicial District of the State of Nebraska.

   (2) Only members of the media as defined below shall be permitted to broadcast, record, televise, photograph, or otherwise broadcast those proceedings set out below.

   Media is defined as a representative of a radio or television station licensed by the Federal Communications Commission or a reporter/photographer member of the Nebraska Press Association.

   (3) The trial judge overseeing the proceeding sought to be broadcast, recorded, or photographed retains sole and complete discretion to terminate the broadcast, recording, or photography (without explanation or warning) at any time during such proceeding.

   (4) Cameras and sound equipment of a quality and type approved by the judge presiding in the case will be fixed in place in the courtroom with field of view of the camera and field of range of microphones being approved by the judge presiding over the proceedings. Other than the cameras identified herein, no other camera will be permitted in the courtroom, including a still camera, cell phone camera, or any other digital recording device equipped to take photographs or video recordings. The images produced by the camera in the courtroom should be of such a nature that still images may be retrieved.

   (5) The audio broadcast shall include only the statements made in open court and shall not include communications between counsel, between counsel and clients, or bench conferences between counsel and the court.

   (6) Under no circumstances shall images of, or statements from, jurors be broadcast, recorded, televised, photographed, or otherwise broadcast.

   (7) Jury selection will not be broadcast.

   (8) The following cases will not be broadcast: matters involving grand juries, juvenile court proceedings, any proceeding of a juvenile (persons under 18 years old),^[ii] child custody, parenting time, protection orders, and any other cases that the trial judge may determine.

   (9) The testimony of certain witnesses may not be broadcast. Those witnesses are as follows: persons under age 18,^[iii] a person who claims to be a victim of sexual abuse or sexual assault who will be called upon to testify about the abuse or assault, undercover agents, relocated witnesses or a confidential informant whose testimony is about the matter upon which the person informed. Any witness may make a request to prevent that person’s testimony from being recorded or broadcast by making application to the judge presiding over the proceeding indicating the reason the witness does not want his or her testimony broadcast.

   (10) Upon application of any party or counsel, the court may, in its sole and complete discretion (and without further explanation), determine to not broadcast courtroom proceedings or terminate the broadcast of courtroom proceedings.

   (11) Upon application at least 14 days in advance of a scheduled hearing that may be broadcast, the court may, in its sole and complete discretion (and without further explanation), permit other types of broadcast or recording equipment in the courtroom.

   The images and sound produced from the courtroom will be available to any broadcast media licensed by the Federal Communications Commission and any print media published in the State of Nebraska on a pool basis.

   The overriding principle shall be the guarantee of a fair trial to the litigants. Criteria may change from time to time based on factors which the court has not yet considered and the circumstances of individual cases.

_________________________

[i] Typically, these would include all county court proceedings within the Seventh Judicial District of the State of Nebraska.

[ii] This includes juvenile court proceedings, adoptions, guardianship/conservatorship proceedings in which a juvenile is the ward or protected party, and portions of proceedings in which a juvenile is a witness or victim and has been called to the stand to testify.

[iii] If the witness or victim is under the age of 18 years old, but has been emancipated by a prior order of a court of competent jurisdiction in this or any other State, then such witness or victim will not be considered a juvenile for purposes of this exclusionary rule. Such a witness or victim may qualify for “exclusion” under this rule for another stated reason (i.e., emancipated minor as victim of sexual abuse or assault).

Approved June 15, 2016.

  A. Any remote hearing, whether by teleconference, videoconference, or both, shall only occur with prior Court authorization from the County Court judge presiding over the case. This shall include any hearing where either party, their legal counsel, or any witness desires to appear in Court utilizing these methods.

   B. The following types of hearings may occur by remote teleconferencing or video conferencing means:

- Criminal arraignments

- Criminal pretrial conferences

- The taking of or changing of plea(s)

- Non-evidentiary criminal pretrial motion hearings

- Criminal sentencing hearings

- Civil pretrial conferences

- Non-evidentiary civil pretrial motion hearings

   C. The following types of hearings may occur by remote teleconferencing or videoconferencing means, only by way of stipulation of the parties and by permission of the Court, at times and dates specifically set by the Court, and on a case-by-case basis. The Court shall grant permission for remote hearings at its sole discretion:

- Criminal preliminary hearings

- Juvenile detention hearings

- Placement hearing for juveniles placed out of home

- Harassment, domestic relations and sexual assault protection order hearings

- Criminal evidentiary hearings

- Civil bench trials

- Civil evidentiary hearings

- Witness testimony during any civil or criminal trial or proceeding before a jury or to the bench

   D. The following rules shall apply to all videoconferencing hearings. If any party, witness, or attorney appears before the Court by way of videoconferencing, they must adhere to the following rules:

- If the Court determines the quality of the remote hearing is not adequate for a full and fair hearing of the issues, the hearing will be rescheduled to a later date with counsel and the parties appearing in court.

- Any person who appears must be located in a room with any and all access doors closed and with no one else in the room, except with legal counsel.

- Any and all cell or landline phones must be turned off or disconnected at all times.

- There shall be no distractions from any family member, person, or animal.

- There shall be no television, movie, or any other electronic device turned on such that it provides distraction to the person appearing by way of videoconferencing or to the Court.

- There shall be no video or audio hearing that shall occur if appearance by way of this method violates a person’s right of confrontation or any other statutory or constitutional right.

- Attorneys shall be attired in ordinary business wear; all other participants shall be attired in a manner acceptable for an in-person court appearance.

- No person shall smoke, eat, drink beverages, or engage in other distracting conduct while the hearing is in session.

- Microphones of all participants shall be muted at all times unless it is their turn to speak or unless otherwise instructed by the judge.

   E. Any party may petition the Court and request a hearing, on the record, for relief from, or to amend the proposed procedures, as outlined in this Rule.

Approved November 23, 2022.

   Upon approval of these rules by the Supreme Court and publication in the Nebraska Advance Sheets, these rules for the district court of the Eighth Judicial District shall become effective on September 1, 1995, and shall supplement the Uniform District Court Rules of Practice and Procedure adopted by the Supreme Court.

   The court shall be divided into two divisions. The Northern Division shall consist of the counties of Blaine, Boyd, Brown, Cherry, Holt, Keya Paha, and Rock. The Southern Division shall consist of the counties of Custer, Garfield, Greeley, Howard, Loup, Sherman, Valley, and Wheeler.

   The regular term of the court in each county shall be deemed to commence on January 1 of each calendar year, and shall be deemed to conclude on December 31 of the same calendar year. No order opening or closing such term shall be required.

   A. Motions Defined: For purposes of this rule, all pretrial and posttrial motions and similar filings which require a hearing or action by the judge, such as special appearances, demurrers, applications for temporary relief, criminal arraignments, sentencings, hearings on appeal, and orders to show cause, are motions. 

   B. Motion Days: Motion days for each county shall be held at least monthly, as reflected by the annual published schedule of each division of the court.

   C. Content of Calendar: The clerk of the district court of each county shall maintain a motion calendar, which shall show the date the motion was filed, the case number, the case name (abbreviated), a short description of the motion, the last names of the attorneys in the case (if the party is not represented by an attorney the clerk shall place the words "Pro Se" in the blank applicable to that party), the date and time assigned for hearing.

   D. Date and Time of Hearing:

   (1) Prior to the filing of any motion, the moving party shall obtain a date and time of hearing for the motion from the clerk of the court. When filed, the motion shall be accompanied by a notice of the date and time of hearing, and by proof of service of the motion and notice of hearing on all other parties. The court may decline to hear any motion which is not accompanied by such notice of hearing and proof of service.

   (2) Unless otherwise directed by the court, the clerk shall assign the motion for hearing on the next regular motion day in that county which is at least 5 days, plus any additional time required for service on opposing parties (usually 3 days under § 25-534), after the expected date of filing of the motion.

   E. Preparation and Mailing of Calendar:

   (1) Before the motion day, the clerk shall mail or fax a copy of the motion calendar to the judge and to the official court reporter. 

   (2) The clerk may mail or deliver a copy of the motion calendar to any party having a matter on the motion calendar. However, no such mailing or delivery shall substitute for the notice of hearing and proof of service required in paragraph D above.

   A. All hearings shall be conducted in person, unless otherwise provided.

   B. All remote hearings are subject to the approval of the Court.

   C. All remote hearings will be on the record, except the parties may waive a verbatim record in non-evidentiary hearings. Remote hearings shall be consistent with the public’s access to the courts.

   D. Non-evidentiary Hearings.

   1. A party may request to schedule a remote hearing when no evidence will be offered by any party. To request a remote hearing, the movant shall:

   a. File a Motion for Remote Hearing with a Proposed Order;

   b. Certify within the motion that all parties consent to the remote hearing; and

   c. Certify within the motion that no parties will offer evidence.

   2. A party may request to appear by remote technology at non-evidentiary hearings that were not originally scheduled to be heard remotely. To request a remote appearance, the movant shall:

   a. File a Motion to Appear Remotely with a Proposed Order;

   b. File the motion at least 3 business days prior to the hearing;

   c. Certify within the motion that the movant will not offer evidence at the hearing; and

   d. Contact the appropriate clerk/bailiff for hearing arrangements at least 3 business days prior to the hearing.

   E. Evidentiary Hearings Not Involving Oral Testimony.

   1. The Court may, on its own motion, order proceedings not involving the testimony of witnesses by oral examination, to be held using remote technology consistent with Neb. Rev. Stat. § 24-303(2).

   2. The parties may request a remote evidentiary hearing that does not involve the testimony of witnesses by oral examination. The parties must contact the Court to discuss the reasonableness of conducting said hearing remotely.

   3. If allowed, the Court will issue orders governing procedures and requirements of the parties prior to, during, and after the hearing.

   4. Hard copies of the original exhibits and electronic copies of the exhibits must be provided to court reporting personnel at least 3 business days prior to the hearing or they will not be admitted.

   F. Evidentiary Hearings Involving Oral Testimony.

   1. Permission to conduct evidentiary hearings that involve oral testimony will only be granted under extraordinary circumstances.

   2. If allowed, the Court will issue orders governing procedures and requirements of the parties prior to, during, and after the hearing.

   G. The party requesting the remote hearing or appearance shall be responsible for making the arrangements for the remote hearing and shall provide for all expenses.

   H.  Uniform District Court Rule 6-1511, “Attire,” or Uniform County Court Rule 6-1402, “Attendance and attire,” shall apply respectively to court proceedings conducted by remote technology.

   I. The above requirements may be waived for good cause.

Amended October 19, 2022.

   Any proposed order, decree, or judgment mailed or delivered to the court shall be accompanied by a stamped envelope preaddressed to the clerk of the court, for use by the court in mailing the signed order to the clerk for filing. Any party desiring the return to such party of a signed, file-stamped copy of the order, decree, or judgment, shall provide the necessary copy of the document together with an additional preaddressed, stamped return envelope for the use by the clerk in mailing the signed copy to such party.

   No person shall remove any case file from the clerk's office, except that any civil case file may be checked out by permission of the judge or clerk. No person other than a member of the Nebraska State Bar Association or a registered abstractor shall be permitted to check out a file without the special permission of the judge.

   A receipt shall be signed for each file. Each file shall be returned within 5 days, or such lesser time required by the judge or clerk, and in any event no later than 1 day prior to any hearing concerning the file. Failure to return a file as required by the rule shall result in immediate suspension of check out privileges. 

   This rule does not apply to the judge or his designate.

   In addition to the requirements set forth in Neb. Rev. Stat. § 25-1148 (Reissue 2008), a motion for a continuance shall set forth whether the opposing party has an objection. If the opposing party does not object to the continuance, the party filing the motion shall be responsible for arranging, as soon as practical, a new date and time with all opposing parties and the court. If the opposing party does object, it is the responsibility of the party filing the motion to notice the motion for a continuance hearing. Except for exigent circumstances, a motion for a continuance shall be made at least 3 working days prior to the hearing for which the continuance is requested.

   It shall be the duty of the counsel assigned by the court promptly to prepare a formal journal entry, order, judgment, or decree. Counsel assigned to prepare the proposed formal journal entry, order, judgment, or decree shall submit the original to the judge and shall mail a copy to all opposing parties or their attorneys within 7 days after announcement of the decision or ruling.

   A. Joint Property Statements.

   (1) Where an action involves a contested division of property/debt, the parties shall prepare a joint property statement (JPS). JPS forms may be obtained from the court clerk.

   (2) The plaintiff shall serve upon the defendant the initial JPS within 90 days of filing.

   (3) The defendant may then amend the JPS and supplement it by adding additional property or debts not listed. Defendant shall serve its amended JPS upon the plaintiff within 30 days after receiving the initial JPS from the plaintiff. Failure to serve an amended JPS upon the plaintiff shall be deemed to be an acceptance of the information contained in the JPS served upon the defendant.

   (4) The final JPS shall be submitted to the court (not filed) at the time of the pretrial conference. Any amendments thereafter shall be allowed only after motion, a hearing establishing good cause, and order granting the same.

   (5) Deadlines may be extended only after motion, hearing, and order.

   B. Temporary Hearings.

   (1) Temporary hearings shall be conducted upon affidavits and argument only unless otherwise ordered. To be considered, the affidavits must be double spaced and typed or printed in a legible manner.

   (2) The moving party shall serve its motion and notice of hearing upon the other party at least 7 days prior to the hearing.

   (3) Affidavits for temporary relief will not be considered by the court unless a copy has been served on the opposing party or their attorney at least 48 hours prior to the temporary hearing.

   (4) A party may offer no more than 6 affidavits, one of which shall be the verified Child Information Affidavit required by Neb. Rev. Stat. § 43-2930. The total number of pages, for all submitted materials, including attachments, shall not exceed 50 pages.

   (5) Each party may offer 2 rebuttal affidavits not to exceed 10 total pages. Rebuttal affidavits shall be served upon the other party at least 30 minutes prior to the hearing.

   A. Purpose: This rule is to establish a process for the appointment of private attorneys to represent indigent defendants as provided in Neb. Rev. Stat. §§ 29-3901 to 29-3908.

   B. Applicability: This rule shall not apply to criminal proceedings in which the Court appoints the Public Defender or the Nebraska Commission on Public Advocacy.

   C. General:

   (1) Appointments of private attorneys shall be made on an impartial and equitable basis;

   (2) The appointments shall be distributed among the attorneys on a rotation system;

   (3) Cases shall be assigned to attorneys of sufficient experience, skill, and competence to render effective assistance of counsel to defendants;

   (4) Complex cases shall be assigned to attorneys with sufficient levels of experience and competence to provide adequate representation; and

   (5) Less-experienced attorneys should be assigned cases which are within their capabilities, but should be given the opportunity to expand their experience under supervision.

   D. Court-Appointed Attorney List:

   (1) Each County Court shall maintain a court-appointed attorney list from which attorneys shall be appointed to represent indigent defendants.

   (2) Attorneys shall contact the County Court of each county in which they wish to be considered for court appointments, request the Clerk Magistrate to place them on the court-appointed list, and indicate whether they will accept misdemeanor and/or felony appointments. Attorneys shall also contact the County Court when they no longer wish to receive court appointments.

   (3) The County Court shall make the court-appointed list of attorneys available upon request.

   E. Method of Selection From Court-Appointed List:

   (1) The Court will generally attempt to appoint attorneys from the court-appointed attorney list on a rotational basis, subject to the Court’s sole discretion to make exceptions due to:

   (a) the nature and complexity of the case;

   (b) an attorney’s experience;

   (c) the nature and disposition of the defendant;

   (d) a language consideration;

   (e) a conflict of interest;

   (f) the availability of an attorney, taking into consideration an immediate need to address issues involved in the case;

   (g) geographical considerations; and

   (h) other relevant factors that may be involved in a specific case.

   (2) If the Court in its sole discretion varies from the rotation basis, it may appoint any qualified attorney, whether or not the attorney is on the court-appointed attorney list.

   F. Removal and Reinstatement From Appointment List:

   (1) Judges will monitor attorney performance on a continuing basis to ensure the competency of attorneys on the list. An attorney may be removed from the appointment list by a majority vote of the county court judges.

   (2) If an attorney is under consideration for removal from the list, written notification will be given indicating the concerns with the attorney’s performance giving rise to consideration for removal, and the attorney will be given the opportunity to respond in writing or in person before a final decision is made.

   (3) An attorney who has been removed from the list may be considered for reinstatement by a majority vote of the judges, after the deficiencies contained in the notice have been resolved.

Approved January 22, 2015.

   This rule sets out the procedures governing emergency modified court operations in the Eighth Judicial District.

   A. Emergency modified court operations will be implemented when an emergency exists, arises, or is declared that substantially impairs the ability of the court to operate or that jeopardizes the health and safety of persons who work in or utilize the courts.

   B. The decision to implement emergency modified court operations as well as the decision to resume normal operations will be determined by majority vote of the county and district judges of the district. Any judge of this district may call the matter for a vote.

   C. In addition to the judges, the stakeholders within the district that may be included in the planning and implementing of emergency modified court operations are: Clerks of the District Court, Clerk Magistrates, Bailiffs, Court Reporters, Probation Officers, County Sheriffs, County Commissioners/Supervisors, County Attorneys, Public Defenders, Local Health Departments, Emergency Management, and Nebraska Department of Health and Human Services.

   D. It will be the duty of the presiding judges of the County Court and District Court to coordinate and facilitate communications with the stakeholders to plan and implement emergency modified court procedures.

   E. The following mission essential functions shall be addressed in any administrative order implementing emergency modified court procedures:

   (1) County Court: protection orders, evictions, emergency guardianship or conservatorship proceedings, change of pleas, bond settings and hearings, arraignments, preliminary hearings, adoptions, protective custody hearings, detention hearings, motions for ex parte orders.

   (2) District Court: protection orders, bond reviews, change of pleas, sentencings, motions for ex parte and other temporary hearings, motions for temporary restraining orders and temporary injunctions.

   F. The Presiding Judges shall inform Court users and the public when emergency modified court operations are implemented and when they are discontinued in the following manner (subject to availability):

   (1) Preparing and issuing a press release to local media outlets;

   (2) Placing notices on websites and social media accounts;

   (3) Posting notices at the entrances to the county courthouses/judicial centers, and

   (4) Using electronic communications.

Approved March 16, 2022.

   A. Purpose: This rule is to establish a process for the appointment of private attorneys to represent indigent defendants as provided in Neb. Rev. Stat. §§ 29-3901 to 29-3908.

   B. Applicability: This rule shall not apply to criminal proceedings in which the Court appoints the Public Defender or the Nebraska Commission on Public Advocacy.

   C. General:

   (1) Appointments of private attorneys shall be made on an impartial and equitable basis;

   (2) The appointments shall be distributed among the attorneys on a rotation system;

   (3) Cases shall be assigned to attorneys of sufficient experience, skill, and competence to render effective assistance of counsel to defendants;

   (4) Complex cases shall be assigned to attorneys with sufficient levels of experience and competence to provide adequate representation; and

   (5) Less-experienced attorneys should be assigned cases which are within their capabilities, but should be given the opportunity to expand their experience under supervision.

   D. Court-Appointed Attorney List:

   (1) Each District Court shall maintain a court-appointed attorney list from which attorneys shall be appointed to represent indigent defendants.

   (2) Attorneys shall contact the District Court of each county in which they wish to be considered for court appointments, request to be placed on the court-appointed list, and indicate whether they will accept misdemeanor and/or felony appointments. Attorneys shall also contact the District Court when they no longer wish to receive court appointments.

   (3) The District Court shall make the court-appointed list of attorneys available upon request.

   E. Method of Selection From Court-Appointed List:

   (1) The Court will generally attempt to appoint attorneys from the court-appointed attorney list on a rotational basis, subject to the Court’s sole discretion to make exceptions due to:

   (a) the nature and complexity of the case;

   (b) an attorney’s experience;

   (c) the nature and disposition of the defendant;

   (d) a language consideration;

   (e) a conflict of interest;

   (f) the availability of an attorney, taking into consideration an immediate need to address issues involved in the case;

   (g) geographical considerations; and

   (h) other relevant factors that may be involved in a specific case.

   (2) If the Court in its sole discretion varies from the rotation basis, it may appoint any qualified attorney, whether or not the attorney is on the court-appointed attorney list.

   F. Removal and Reinstatement From Appointment List:

   (1) Judges will monitor attorney performance on a continuing basis to ensure the competency of attorneys on the list. An attorney may be removed from the appointment list by a majority vote of the district court judges.

   (2) If an attorney is under consideration for removal from the list, written notification will be given indicating the concerns with the attorney’s performance giving rise to consideration for removal, and the attorney will be given the opportunity to respond in writing or in person before a final decision is made.

   (3) An attorney who has been removed from the list may be considered for reinstatement by a majority vote of the judges, after the deficiencies contained in the notice have been resolved.

Rule 8-11 approved January 22, 2015.

   This rule sets out the procedures governing emergency modified court operations in the Eighth Judicial District.

   A. Emergency modified court operations will be implemented when an emergency exists, arises, or is declared that substantially impairs the ability of the court to operate or that jeopardizes the health and safety of persons who work in or utilize the courts.

   B. The decision to implement emergency modified court operations as well as the decision to resume normal operations will be determined by majority vote of the county and district judges of the district. Any judge of this district may call the matter for a vote.

   C. In addition to the judges, the stakeholders within the district that may be included in the planning and implementing of emergency modified court operations are: Clerks of the District Court, Clerk Magistrates, Bailiffs, Court Reporters, Probation Officers, County Sheriffs, County Commissioners/Supervisors, County Attorneys, Public Defenders, Local Health Departments, Emergency Management, and Nebraska Department of Health and Human Services.

   D. It will be the duty of the presiding judges of the County Court and District Court to coordinate and facilitate communications with the stakeholders to plan and implement emergency modified court procedures.

   E. The following mission essential functions shall be addressed in any administrative  order implementing emergency modified court procedures:

   (1) County Court: protection orders, evictions, emergency guardianship or conservatorship proceedings, change of pleas, bond settings and hearings, arraignments, preliminary hearings, adoptions, protective custody hearings, detention hearings, motions for ex parte orders.

   (2) District Court: protection orders, bond reviews, change of pleas, sentencings, motions for ex parte and other temporary hearings, motions for temporary restraining orders and temporary injunctions.

   F. The Presiding Judges shall inform Court users and the public when emergency modified court operations are implemented and when they are discontinued in the following manner (subject to availability):

   (1) Preparing and issuing a press release to local media outlets;

   (2) Placing notices on websites and social media accounts;

   (3) Posting notices at the entrances to the county courthouses/judicial centers, and

   (4) Using electronic communications.

Approved March 16, 2022.

   In the discretion of the Judge Alan Brodbeck, courtroom proceedings may be broadcast, both by audio and video, and may be televised, recorded, or photographed (hereafter collectively referred to as “broadcast”) under the following conditions:

   (1) On an interim basis, these rules regarding expanded media coverage apply only to proceedings over which Judge Brodbeck is presiding,^[i] taking place within the 8th Judicial District of the State of Nebraska.

   (2) Only members of the media as defined below shall be permitted to record, televise, photograph, or otherwise broadcast those proceedings set out below.

   Media is defined as a representative of a radio or television station licensed by the Federal Communications Commission or a reporter/photographer member of the Nebraska Press Association.

   (3) The trial judge overseeing the proceeding sought to be broadcast, recorded or photographed retains sole and complete discretion to terminate the broadcast, recording or photography (without explanation or warning) at any time during such proceeding.

   (4) Cameras and sound equipment of a quality and type approved by the judge presiding in the case will be fixed in place in the courtroom with field of view of the camera and field of range of microphones being approved by the judge.  Still cameras require separate approval. Other than the cameras identified herein, no other camera will be permitted in the courtroom, including a cell phone camera and any other digital recording device equipped to take photographs or video recordings.

   (5) The audio broadcast shall include only the statements made in open court and shall not include communications between counsel, between counsel and their clients or bench conferences between counsel and the court.

   (6) Under no circumstances shall images of, or statements from, jurors be broadcast, recorded, televised, photographed or otherwise broadcast.

   (7) Jury selection will not be broadcast.

   (8) The following cases will not be broadcast: matters involving grand juries, juvenile court proceedings, any proceeding of a juvenile (persons under 18 years old),^[ii] child custody, parenting time, protection orders, and any other cases that the judge may determine.

   (9) The testimony of certain witnesses may not be broadcast. Those witnesses are as follows: persons under age 18,^[iii] a person who claims to be a victim of sexual abuse or sexual assault who will be called upon to testify about the abuse or assault, undercover agents, relocated witnesses or a confidential informant whose testimony is about the matter upon which the person informed. Any witness may make a request to prevent that person’s testimony from being recorded or broadcast by making application to the judge presiding over the proceeding indicating the reason the witness does not want his or her testimony broadcast.

   (10) Upon application of any party or counsel, the court may, in its sole and complete discretion (and without further explanation), determine not to broadcast courtroom proceedings or terminate the broadcast of courtroom proceedings.

   (11) Upon application at least 7 days in advance of a scheduled hearing that may be broadcast, the court may, in its sole and complete discretion (and without further explanation), permit other types of broadcast or recording equipment in the courtroom.

   The images and sound produced from the courtroom will be available to any broadcast media licensed by the Federal Communications Commission and any print media published in the State of Nebraska on a pool basis.

   The overriding principle shall be the guarantee of a fair trial to the litigants. Criteria may change from time to time based on factors which the court has not yet considered and the circumstances of individual cases.

____________________________

[i] Typically, these would include all county court proceedings within the 8th Judicial District of the State of Nebraska over which Judge Alan Brodbeck is presiding.

[ii] This includes juvenile court proceedings, adoptions, guardianship/conservatorship proceedings in which a juvenile is the ward or protected party and portions of proceedings in which a juvenile is a witness or victim and has been called to the stand to testify.

[iii] If the witness or victim is under the age of 18 years old but has been emancipated by a prior order of a court of competent jurisdiction in this, or any other State, then such witness or victim will not be considered a juvenile for purposes of this exclusionary rule.  Such a witness or victim may qualify for “exclusion” under this rule for another stated reason (i.e., emancipated minor as victim of sexual abuse or assault).

Approved September 21, 2016.

   A. All hearings shall be conducted in person, unless otherwise provided.

   B. All remote hearings are subject to the approval of the Court.

   C. All remote hearings will be on the record, except the parties may waive a verbatim record in non-evidentiary hearings. Remote hearings shall be consistent with the public’s access to the courts.

   D. Non-evidentiary Hearings.

   1. A party may request to schedule a remote hearing when no evidence will be offered by any party. To request a remote hearing, the movant shall:

   a. File a Motion for Remote Hearing with a Proposed Order;

   b. Certify within the motion that all parties consent to the remote hearing; and

   c. Certify within the motion that no parties will offer evidence.

   2. A party may request to appear by remote technology at non-evidentiary hearings that were not originally scheduled to be heard remotely. To request a remote appearance, the movant shall:

   a. File a Motion to Appear Remotely with a Proposed Order;

   b. File the motion at least 3 business days prior to the hearing;

   c. Certify within the motion that the movant will not offer evidence at the hearing; and

   d. Contact the appropriate clerk/bailiff for hearing arrangements at least 3 business days prior to the hearing.

   E. Evidentiary Hearings Not Involving Oral Testimony.

   1. The Court may, on its own motion, order proceedings not involving the testimony of witnesses by oral examination, to be held using remote technology consistent with Neb. Rev. Stat. § 25-2704(2) .

   2. The parties may request a remote evidentiary hearing that does not involve the testimony of witnesses by oral exa mination. The parties must contact the Court to discuss the reasonableness of conducting said hearing remotely.

   3. If allowed, the Court will issue orders governing procedures and requirements of the parties prior to, during, and after the hearing.

   4. Hard copies of the original exhibits and electronic copies of the exhibits must be provided to court reporting personnel at least 3 business days prior to the hearing or they will not be admitted.

   F. Evidentiary Hearings Involving Oral Testimony.

   1. Permission to conduct evidentiary hearings that involve oral testimony will only be granted under extraordinary circumstances.

   2. If allowed, the Court will issue orders governing procedures and requirements of the parties prior to, during, and after the hearing.

   G. The party requesting the remote hearing or appearance shall be responsible for making the arrangements for the remote hearing and shall provide for all expenses.

   H. Uniform District Court Rule 6-1511, “Attire,” or Uniform County Court Rule 6-1402,“Attendance and attire,” shall apply respectively to court proceedings conducted by remote technology.

   1. The above requirements may be waived for good cause.

Approved October 19, 2022.

   These rules for the district court of the Ninth Judicial District shall become effective upon approval by the Supreme Court and publication in the Nebraska Advance Sheets and shall supplement the Uniform District Court Rules of Practice and Procedure adopted by the Supreme Court.

Approved effective October 27, 1995.

   One annual term of court will be held in each district court in the Ninth Judicial District. The term will commence on January 1 and expire on December 31 of each year.

Approved effective October 27, 1995; amended September 9, 2010.

   In addition to the requirements set forth in Neb. Rev. Stat. § 25-1148, a motion for continuance shall set forth whether the opposing party has any objection.

   If the opposing party does not object to the continuance, the party filing the motion shall be responsible for arranging, as soon as practical, a new date and time with all opposing parties and the court. If the opposing party does object, it is the responsibility of the party filing the motion to set the motion for hearing. Except for exigent circumstances, a motion for a continuance shall be made at least 5 working days prior to the hearing for which the continuance is requested.

   Stipulations for continuances are subject to the approval of the court based upon the reasons given, the progression schedule, and the availability of an alternate date. All orders for a continuance of a hearing will specify the date and time of the rescheduled hearing. Upon the filing of a motion for continuance, absent a prompt request for hearing by another party, the court may grant or deny the motion for continuance ex parte.

Approved effective October 27, 1995; amended September 9, 2010.

   It shall be the duty of the party directed by the court to promptly prepare a proper journal entry, order, judgment, or decree. The proposed journal entry shall be submitted to opposing counsel or party for approval as to form and content and then submitted to the court for its signature within 10 days after the decision or order is announced. Should a party or attorney object to the form or content of the journal entry, he or she should notify the court immediately of any requested change. The court will determine the final language of the order. As to all journal entries which constitute a judgment within the meaning of Neb. Rev. Stat. § 25-1301.01, the clerk shall file a certificate in the court file showing that a notice has been mailed to all parties of record or their attorneys. The clerk shall refuse to issue execution, order of the sale, fee bill, or other final process founded upon such decision or order in any case until the same is properly journalized and signed.

Approved effective October 27, 1995; amended September 9, 2010.

   A. Pro se litigants may submit handwritten pleadings. Such pleadings shall be in ink and shall not contain erasures or interlineations materially defacing the pleading.

   B. All pleadings shall have a 1½-inch margin at the top of each page.

   C. Pleadings submitted by a pro se party shall contain the name, address, and telephone number of the pro se party offering the pleading.

   D. After filing of the initial pleading, copies of all other pleadings shall be served upon all parties of record or, if represented, upon the attorney, and the pleading shall contain proof of service.

   E. Proof of Service of Papers. Except as otherwise provided by statute, or by order of the court, proof of service of any pleading, motion, or other paper required to be served shall be made by (1) a certificate by or on behalf of counsel showing the name and address of any party on whom service was had, (2) written receipt of the opposing party or his or her attorney, (3) affidavit of the person making service, (4) return of the county sheriff, or (5) other proof satisfactory to the court. Failure to make proof of service will not affect the validity of the service, and the court may at any time allow the proof of service to be amended or supplied unless it clearly appears that to do so would result in material prejudice to substantial rights of any party.

   F. Additional Parties. In no case after the complaint or other pleading has been filed shall any party, plaintiff or defendant, be added to such action without first obtaining an order of the court granting such leave.

   G. Amendments. Other amendments to pleadings made after the answer is filed may be allowed within the discretion of the court. In no instance shall an amendment of a pleading be made by erasure, substitution, interlineations, or otherwise except by leave of the court. A party who has obtained leave to amend a pleading but fails to do so within the time allowed shall be considered as electing to abide by the former pleading. In no case of amendment shall the original pleading be withdrawn from the file or obliterated.

   H. Pleadings in Default. A party in default of a pleading may, before judgment, on motion, notice, and good cause shown, file the same within such time and upon such terms as the court shall allow.

   I. Costs. Except for criminal cases and proceedings wherein a poverty affidavit is filed and approved by the court, court costs shall be paid when actions are commenced and thereafter when liability for additional costs accrues. An attorney is responsible to the clerk for costs incurred at the attorney's request and shall immediately pay the same upon receipt of the clerk's statement of such fees.

Approved effective October 27, 1995; amended September 9, 2010.

   In addition to the requirements of the Uniform District Court Rules, counsel may be permitted to withdraw from a matter upon filing a motion which:

   A. Recites a reason for withdrawal and that the motion to withdraw has been served upon the client and all parties of record;

   B. Provides the client's last known mailing address; and

   C. Recites whether there is a hearing currently scheduled in the case.

Approved September 9, 2010.

   A. Ordinary business attire for male attorneys shall include a jacket and tie. Ordinary business attire for female attorneys shall include a jacket.

   B. Absent court permission, no person shall use a recording device, photo imaging device, or a cellular telephone for any purpose, including the taking of pictures in the courtroom. Recording devices, cameras, and cellular telephones are subject to confiscation for violation of the rule.

   C. Upon order of the court, any person may be subjected to a search of his or her person for possession of recording devices, photo imaging devices, cellular telephones, and weapons.

   D. Litigants, witnesses, counsel, and spectators shall not mingle or converse with jurors.

Approved September 9, 2010.

   A. Availability of Counsel During Jury Deliberations. Counsel and parties shall be available on such notice, as ordered by the court during jury deliberations. In civil cases, in the event of a verdict or a question by the jury, parties and counsel shall be present within 15 minutes of notification. Failure of a party or counsel to appear will constitute a waiver of appearance. The clerk or bailiff should be kept informed of where counsel will be at all times when the jury is deliberating, unless excused by the court.

   B. Absence of Counsel on Receipt of Verdict. In civil cases, the court will not deem it necessary that any party or any counsel be present or represented when the jury returns to the courtroom with its verdict.

Approved September 9, 2010.

   A. Pursuant to discovery rules of the Supreme Court, depositions will not be filed with the clerk of the court but delivered by the reporter to the possession of the attorney taking such deposition. The reporter shall, however, file with the clerk of the court a certificate confirming that such deposition was taken, naming the witness, the date and place of the deposition, the person to whom the deposition was delivered, the date of delivery, and the cost of the deposition. The certificate shall be filed prior to the trial or other disposition of the case.

   B. When it becomes necessary or appropriate to introduce any pleading or file from another case into evidence, it will be received into evidence by the court only upon the condition that copies be substituted for the originals offered. Copies must be of a permanent type and of a quality acceptable to the reporter for use in any record on appeal.

   C. At no time shall any original pleading or filing be incorporated into any transcript or bill of exceptions. It shall at all times remain in the custody of the clerk of the court unless otherwise ordered by the court.

   D. Interrogatories and requests for admissions shall not be filed as pleadings in any case but may be submitted as exhibits for motions to compel or other motions addressed to the performance or limitation of discovery.

   E. Interrogatories or requests for admissions shall have sufficient space below the interrogatory or request for the responding party to answer. Answers to interrogatories or requests for admissions shall be typed with the answers following the question. If there is insufficient space, or if preferred by the responding party, the responding party may duplicate all of the questions and provide the answers in the appropriate places within the new document.

   F. Requests for relief under the Nebraska discovery rules must be supported by a representation by the moving party that good faith efforts have been made to resolve the differences before seeking the relief.

Approved September 9, 2010.

   A. An attorney or bonded abstractor shall be permitted to withdraw a nonpendng civil action file from the custody of the clerk. The clerk shall take a receipt from the attorney or abstractor removing the file giving the title of the cause on the appearance docket, number of the case, the date when taken, and the date on which the file will be returned. The file shall be returned immediately upon the filing of any pleading in the case or within 3 days after withdrawal, whichever is earlier. Failure to return a file promptly in accordance with the receipt will result in suspension of the right to withdraw files.

   B. No person shall be granted permission to withdraw original bonds or files pertaining to inquests, insanity proceedings, or mental health proceedings.

   C. No active file may be withdrawn without specific written approval of the district judge or clerk of the court.

   D. No criminal file may be withdrawn at any time.

Approved September 9, 2010.

   All correspondence with the court regarding pending litigation shall refer to the subject case by case title, number, and county, and a copy of the correspondence shall be mailed to the opposing counsel or party if not represented. If the correspondence requests the court's transmittal of documents, a self-addressed, stamped envelope shall be enclosed by the requesting party or counsel.

Approved September 9, 2010.

   A. Pretrial and Post Trial Motions.

   (1) Unless otherwise ordered by the court, all pretrial and post trial motions or similar filings which require a hearing shall be in writing and shall be filed prior to hearing unless waived by opposing counsel. The attorney at the time of filing shall obtain a date for hearing from the judge, the judge's bailiff, or the judge's scheduling secretary. Notice of hearing shall be mailed or personally delivered to the opposing counsel or party, if not represented by counsel, as provided in Rule 9-11(B). The use of ordinary mail shall constitute sufficient compliance with this rule except as otherwise specifically required by statute or rule of the Supreme Court.

   (2) Any motion related to a pleading may be filed only once with respect to such pleading. Any motion filed in violation of this rule may be stricken from the file by the court.

   (3) When a motion is overruled and a party is required to plead further, the pleading shall be filed within 10 days unless otherwise ordered by the court.

   (4) The court may, in its discretion, assess attorney fees to parties or their counsel on motion hearings.

   B. The following schedule denotes the number of days prior to the date of hearing that a notice of such hearing shall be served upon a party to constitute a prima facie proof of "reasonable notice" unless a longer period is required by a specific statute;

   (1) Five working days for all temporary hearings and restraining orders in dissolution actions, motions in civil actions, and all motions or arraignments in criminal actions;

   (2) Ten calendar days for contempt hearings (order to show cause and appointment of attorney) and pretrials in civil actions;

   (3) Fourteen calendar days for release of liens, consent to adoption, modification, pretrials, and final hearings in dissolution actions or temporary injunctions; and

   (4) Twenty days for permanent injunctions and trials in civil and criminal actions.

   When notice is given by U.S. mail rather than by personal service, add 1 day for addressee in the same city, 2 days for addressee in state but outside the city, and 3 days for addressee outside the state. The court may approve notices served or mailed not meeting the above guideline requirements where the court determines from the facts that "reasonable notice" has been given. Period of service will be considered waived when the party to be served appears in person or by attorney without making specific objection to the period of service.

   C. When directed by the court, the clerk shall prepare a list of pending civil cases in which no action has been taken for 6 months prior thereto. An order shall then be entered requiring that cause be shown, within 30 days from entry of order, as to why said case should not be dismissed for lack of prosecution. Notice of said order shall be sent to all attorneys of record and pro se parties. If good cause is not shown, such cases shall be dismissed.

Approved September 9, 2010.

   A. Hearings on a motion for summary judgment shall not be scheduled less than 30 days after the motion is filed.

   B. The moving party shall file a brief in support of the motion with the motion. The brief shall set forth the basis of the motion, including rules of procedure and statutory and case law. The brief shall set forth the elements of the claim, set forth each material fact for which the party contends there is no genuine issue to be tried, and identify the specific document, discovery response, or deposition testimony (by page and line) which is claimed to be an established fact.

   C. The party opposing the motion shall file an opposing brief within 20 days setting forth a statement of the elements of the claim, setting forth each material fact the party contends establishes a genuine issue of fact to be tried, and identifying the specific document, discovery response, or deposition testimony (by page and line) which is claimed to establish a factual issue.

Approved September 9, 2010.

   Where available, persons who are not practicing attorneys may use a county law library only with court approval. No books shall be removed from a library unless signed for in the office of the clerk or other custodian. All books must be returned to the library within 1 week from the date taken and returned to their proper places by library users. The bar association of each county shall select one or more of its members to advise and consult with the court on matters pertaining to library maintenance and regulation for that county. Additional library rules may be ordered by the court and conspicuously posted in the office of the clerk and the library.

Approved September 9, 2010.

   All stipulations shall be made in open court and recorded by the reporter or reduced to writing and signed by the parties or counsel and filed with the court.

Approved September 9, 2010.

   The following rule is adopted by the District and County Courts of the Ninth Judicial District for the appointment of counsel for indigent individuals charged with crimes of misdemeanors and felonies after January 1, 2015.

1. Purpose: This rule is to establish a process for the appointment of private attorneys to represent indigent defendants as provided in Neb. Rev. Stat. §§ 29-3901 to 29-3908.

2. Applicability: This rule shall not apply to criminal proceedings in which the Court appoints the Public Defender, Nebraska Commission on Public Advocacy, or any other attorney under contract with the county to provide such services.

3. General:

1. Appointments of private attorneys shall be made on an impartial and equitable basis;

2. The appointments shall be distributed among the attorneys on a rotation system;

3. Cases shall be assigned to attorneys of sufficient experience, skill, and competence to render effective assistance of counsel to defendants;

4. Complex cases shall be assigned to attorneys with sufficient levels of experience and competence to provide adequate representation; and

5. Less-experienced attorneys shall be assigned cases which are within their capabilities, but should be given the opportunity to expand their experience under supervision.

4. Court-Appointed Attorney List:

1. Each County Court shall maintain a court-appointed attorney list from which attorneys shall be appointed to represent indigent defendants. In the event that a District Court judge is required to appoint a private attorney, the District Court judge shall utilize the list maintained by the County Court.

2. Attorneys shall contact the County Court of each county in which they wish to be considered for court appointments, request to be placed on the court-appointed list, and indicate whether they will accept misdemeanor and/or felony appointments by completing and submitting a registration form, said form being attached as Appendix 1. Attorneys shall notify the County Court in writing when they no longer wish to receive court appointments.

3. The County Court shall make the court-appointed list of attorneys available upon request.

5. Method of Selection From Court-Appointed List:

1. The Court will generally attempt to appoint attorneys from the court-appointed attorney list on a rotational basis, subject to the Court’s sole discretion to make exceptions due to:

1. the nature and complexity of the case;

2. an attorney’s experience;

3. the nature and disposition of the defendant;

4. a language consideration;

5. a conflict of interest;

6. the availability of an attorney, taking into consideration an immediate need to address issues involved in the case;

7. geographical considerations; and

8. other relevant factors that may be involved in a specific case.

2. If the Court in its sole discretion varies from the rotation basis, it may appoint any qualified attorney, whether or not the attorney is on the court-appointed attorney list.

3. If an attorney on the court-appointed list is appointed outside the rotational basis established, that attorney’s name shall be placed at the end of the rotation.

6. Removal and Reinstatement from Appointment List:

1. Judges will monitor attorney performance on a continuing basis to ensure the competency of attorneys on the list. An attorney may be removed from the appointment list by a majority vote of the District Court and County Court judges.

2. If an attorney is under consideration for removal from the list, written notification will be given indicating the concerns with the attorney’s performance giving rise to consideration for removal, and the attorney will be given the opportunity to respond in writing or in person before a final decision is made.

3. An attorney who has been removed from the list may be considered for reinstatement by a majority vote of the District Court and County Court judges, after the deficiencies contained in the notice have been resolved.

Approved March 18, 2015.

   A. No matter will be heard telephonically unless consent is obtained from the court.

   B. Telephonic hearings requested by the moving party shall be arranged prior to the filing of the motion, and the notice of hearing shall clearly state that the hearing will be held by telephonic conference call. Telephonic hearings requested by a party other than the moving party shall be arranged prior to the hearing, and notice shall be filed by the party requesting the hearing, together with proof of service on all opposing parties.

   C. Telephonic hearings involving evidentiary matters require a verbatim record, and exhibits shall be provided to the court and opposing parties at least 24 hours prior to the hearing.

   D. Parties to a hearing not involving evidentiary matters are deemed to have waived a verbatim record unless request is made in writing prior to the commencement of the hearing.

   E. Initiation of the Telephonic Conference Call.

   (1) The party requesting the telephonic conference call shall be responsible for initiating the call and shall provide for all expenses of the call.

   (2) If the court determines that the sound quality or volume is insufficient, the court will require the hearing to be continued and reschedule the hearing with parties and counsel appearing.

Approved September 9, 2010.

   A. Informations shall be filed within 7 working days after a defendant is bound over for trial. The information shall have noted thereon the statute under which each count of the complaint is brought, the class of offense, and the penalty. The county attorney shall attach to the information, memorandum showing where the defendant may be served, either at his or her place of residence or place of employment, together with the name of the attorney for the defendant at preliminary hearing. The clerk will make two copies of the information, delivering the original and one copy to the sheriff with instructions for service upon the defendant. The other copy shall remain in the court file until the original is returned. Upon return of service of the information, the bailiff or clerk will fix and calendar a date for arraignment and notify the county attorney's office and the attorney for the defendant. If the defendant waives service of the information, he or she shall do so in writing and the waiver shall be filed with the information.

   B. If the defendant is confined in jail, it is the duty of the county attorney to notify the sheriff and have the defendant before the court promptly at the time fixed by the court.

   C. If the defendant is released on bond, it is the duty of the defense counsel to notify the defendant to be present before the court promptly at the time fixed by the court.

   D. It shall be the duty of the defense counsel to arrange for the initial presentence interview of the defendant with the probation officer. The probation officer shall have no responsibility to search for the defendant, and if the defendant fails to present himself or herself promptly for the presentence interview, such failure shall be reported to the court and may result in revocation of bond.

   E. It is the duty of counsel offering evidence through a witness requiring an interpreter to timely notify the court. It is the duty of defense counsel to timely notify the court of the defendant's need for an interpreter.

Approved September 9, 2010.

   I. Determination of Indigency

   A. Applicability. This rule shall apply in every proceeding in which the laws of the United States or the laws of the State of Nebraska establish a right to be represented by counsel. All parties who have a right to be represented by an attorney shall have their eligibility for appointment of an attorney at public expense determined in conformity with this rule.

   B. Application. An individual requesting an appointment of an attorney at public expense shall complete and file with the court a notarized financial affidavit provided by the clerk of the district court setting forth the defendant’s income, assets, and obligations.

   C. Determination of Indigency. After reviewing the information contained in the affidavit and , if applicable, the party’s testimony, the court will determine whether the party is indigent. An indigent party is one whom the court determines is unable to retain legal counsel without prejudicing the party’s ability to provide economic necessities for the party or the party’s family based on a comparison of the party’s available funds and the anticipated cost of counsel.

   D. Review of Indigency Determination. A party’s indigency status may be reviewed in a formal hearing at any stage of a court proceeding if additional information regarding financial circumstances becomes available to the court. A party has the right for reconsideration in a formal hearing of the findings and conclusions regarding the party’s indigency.

   E. Inadmissibility of Information. No information provided by a party pursuant to this rule may be used in any criminal or civil proceeding against the party except, in a prosecution for perjury or contempt committed in providing such information or in an attempt to enforce an obligation to reimburse the State for the cost of counsel.

   F. Fees. Court-appointed counsel shall be paid an hourly fee established by the court. Fee requests shall be verified and shall itemize the service provided, time involved, and expenses incurred.

   II.  Appointment of Counsel

1. Purpose: This rule is to establish a process for the appointment of private attorneys to represent indigent defendants as provided in Neb. Rev. Stat. §§ 29-3901 to 29-3908.

2. Applicability: This rule shall not apply to criminal proceedings in which the Court appoints the Public Defender, Nebraska Commission on Public Advocacy, or any other attorney under contract with the county to provide such services.

3. General:

1. Appointments of private attorneys shall be made on an impartial and equitable basis;

2. The appointments shall be distributed among the attorneys on a rotation system;

3. Cases shall be assigned to attorneys of sufficient experience, skill, and competence to render effective assistance of counsel to defendants;

4. Complex cases shall be assigned to attorneys with sufficient levels of experience and competence to provide adequate representation; and

5. Less-experienced attorneys shall be assigned cases which are within their capabilities, but should be given the opportunity to expand their experience under supervision.

4. Court-Appointed Attorney List:

1. Each County Court shall maintain a court-appointed attorney list from which attorneys shall be appointed to represent indigent defendants. In the event that a District Court judge is required to appoint a private attorney, the District Court judge shall utilize the list maintained by the County Court.

2. Attorneys shall contact the County Court of each county in which they wish to be considered for court appointments, request to be placed on the court-appointed list, and indicate whether they will accept misdemeanor and/or felony appointments by completing and submitting a registration form, said form being attached as Appendix 2. Attorneys shall notify the County Court in writing when they no longer wish to receive court appointments.

3. The County Court shall make the court-appointed list of attorneys available upon request.

5. Method of Selection From Court-Appointed List:

1. The Court will generally attempt to appoint attorneys from the court-appointed attorney list on a rotational basis, subject to the Court’s sole discretion to make exceptions due to:

1. the nature and complexity of the case;

2. an attorney’s experience;

3. the nature and disposition of the defendant;

4. a language consideration;

5. a conflict of interest;

6. the availability of an attorney, taking into consideration an immediate need to address issues involved in the case;

7. geographical considerations; and

8. other relevant factors that may be involved in a specific case.

2. If the Court in its sole discretion varies from the rotation basis, it may appoint any qualified attorney, whether or not the attorney is on the court-appointed attorney list.

3. If an attorney on the court-appointed list is appointed outside the rotational basis established, that attorney’s name shall be placed at the end of the rotation.

6. Removal and Reinstatement from Appointment List:

1. Judges will monitor attorney performance on a continuing basis to ensure the competency of attorneys on the list. An attorney may be removed from the appointment list by a majority vote of the District Court and County Court judges.

2. If an attorney is under consideration for removal from the list, written notification will be given indicating the concerns with the attorney’s performance giving rise to consideration for removal, and the attorney will be given the opportunity to respond in writing or in person before a final decision is made.

3. An attorney who has been removed from the list may be considered for reinstatement by a majority vote of the District Court and County Court judges, after the deficiencies contained in the notice have been resolved.

Approved September 9, 2010; amended March 18, 2015.

   A. In cases where a penalty of confinement has been ordered by the county court, no appeal shall be dismissed upon the motion of the defendant unless he or she appears personally before the district court to request such dismissal.

   B. In cases where a fine has been imposed by the county court, no appeal shall be dismissed upon the motion of the defendant unless the defendant appears personally before the district court to request such dismissal and a showing is made that all fines and costs have been paid.

Approved September 9, 2010.

   All lawyers providing limited scope representation to a client shall do so pursuant to the terms of Neb. Ct. R. of Prof. Cond. § 3-501.2. If such representation is done pursuant to Neb. Ct. R. of Prof. Cond. § 3-501.2(d), the lawyer shall file a "Limited Appearance." The "Limited Appearance" shall contain (1) a written acceptance by the client setting forth the client's understanding of the scope, nature, and acceptance of the representation; and (2) a statement that all pleadings, motions, and notices should be sent to the lawyer entering the "Limited Appearance." When the representation is complete, the lawyer shall file within 10 days a "Certificate of Completion of Limited Representation" with the court. The certificate shall contain a statement that all future pleadings, motions, and notices should be sent directly to the pro se litigant. An order of the court allowing the lawyer to withdraw is not required.

Approved September 9, 2010.

   It is the duty of a pro se party needing an interpreter or counsel for a party needing an interpreter to notify the clerk of the district court 10 days prior to any hearing of the need for an interpreter. It shall be specified whether an interpreter is needed for one of the parties and/or one or more witnesses. It is not permissible for the parties to use a friend or relative as an interpreter. The cost for an interpreter is not assessed to the parties.

Approved September 9, 2010.

   A. Filings.

   (1) Every party in a dissolution case involving minor children shall file a complaint containing all matters required by statute and court rule. The complaint must contain the name and address of the plaintiff and his or her attorney, except that a plaintiff living at an undisclosed location for safety concerns is only required to disclose the county and state of his or her residence and provide an alternative address for the mailing of notice.

   (2) Unless a plaintiff has requested to proceed in forma pauperis, the statutory filing fee must accompany the complaint.

   (3) A properly completed Department of Health Bureau of Vital Statistics form shall be filed in each dissolution of marriage or annulment action, and no decree will be entered unless the form is completed in full.

   (4) Each complaint must be accompanied, when filed, with a fully completed Confidential Party Information Form, including Social Security numbers and a statement of gender and birthdays.

   (5) If the parties have developed a parenting plan, the complaint shall so plead. If there are issues of custody, parenting time, or other matters that are not contested, those items should be pled as well.

   (6) All complaints for dissolution of marriage involving children must be accompanied by an affidavit from the plaintiff's counsel stating that counsel has provided the plaintiff the Nebraska Parenting Act Information Brochure and has had a copy of the brochure served with summons upon the defendant or has provided a copy of the brochure to a pro se defendant who has submitted a voluntary appearance. For all other defendants, counsel for the plaintiff shall serve a copy of the Nebraska Parenting Act Information Brochure with summons with verification of service contained in the return.

   (7) The court, on its own motion and after hearing, may strike and dismiss at the plaintiff's costs any complaint for dissolution where there is a failure to comply with any of the rules set forth above.

   B. Property Division and Property Statements.

   (1) When the action involves the division of property by the court or by property settlement, both parties shall file a property statement. The only form accepted shall be the form attached to these rules. See Appendix 1.

   (2) To avoid problems in identification of specific property, the party filing the action shall have 60 days from the date of filing of the complaint to prepare and file a property statement, furnishing a copy to the defendant, if pro se, or to defendant's attorney of record.

   (3) The defendant must then complete the property statement by adding any additional property and inserting estimates of value. The defendant's completed property statement must be filed within 90 days after the filing of the complaint and a copy furnished to the plaintiff, if pro se, or to the plaintiff's attorney of record. Either party may receive an extension of time for filing or completing the property statement upon written motion and good cause shown.

   (4) Failure to timely file a property statement by the plaintiff in accordance with these rules may result in the court's dismissing the action after notice by the court. Failure of the defendant to timely file a property statement in accordance with these rules may result in the court's accepting the plaintiff's property statement and prevent the defendant from disputing the plaintiff's property statement after notice by the court. Final hearing or a pretrial conference will not be scheduled until one completed property statement is on file.

   (5) When property division is contested at final hearing, the parties shall prepare a combined property statement for use as an exhibit. Either party may receive an extension of time for filing or completing property statements on written motion and good cause shown. Under no circumstances will the court allow more than one property statement to be used, except for the purposes of impeachment.

   (6) Amendments to property statements or values thereon shall not be permitted unless filed at least 10 days before trial, except by agreement of the parties or special permission of the court. Parties will, however, be permitted to correct amounts for bank accounts and debts at the time of trial.

   C. Temporary Hearing.

   (1) In all cases where a party seeks a temporary order relating to custody, parenting time, visitation, or other access, that party shall file and offer a Temporary Child Information Affidavit verified to the extent known or reasonably discoverable by the filing party or parties. Parties responding to such affidavits shall ensure their affidavits conform to the same format. No temporary orders for custody or parenting time will be considered unless such an affidavit is completed and provided to the court.

   (2) The court may require either party to exercise the option to obtain health insurance available through an employer or other organization which may extend coverage to children affected by the decree. Availability of insurance shall be disclosed in the parties' initial pleadings or affidavits. In the absence of disclosure, the court may presume that full coverage is available through the nondisclosing party. Each party has a continuing duty to disclose available insurance.

   (3) All applications for temporary allowances (child support/ alimony) shall include a fully completed Financial Affidavit for Child Support and a proposed child support calculation using Worksheet 1 of the Nebraska Child Support Guidelines and such other worksheets as the parties' circumstances may require. Parties responding to such affidavits shall follow the same format. All child support calculations shall be accompanied by the tax returns, current wage stubs, and other information concerning the resources of the parties as required by the Nebraska Child Support Guidelines.

   (4) All Temporary Child Information Affidavits, financial affidavits for child support, and other affidavits offered in support of custody, child support, parenting time, and alimony shall not be filed in the main court file but shall be offered at the temporary hearing, and retained by the court reporter. No affidavits will be e-filed. It is the obligation of attorneys submitting affidavits to redact from the affidavits all irrelevant material and hearsay prior to them being offered.

   (5) All applications for temporary orders shall be heard solely upon affidavits, proposed calculations of child support obligations under the Nebraska Child Support Guidelines, and the arguments of counsel, except ex parte hearings as provided by statute. Initial affidavits shall not be considered unless they are served upon the opposing party 5 working days prior to the temporary hearing. Responsive affidavits shall be served upon the opposing party at least 1 working day prior to hearing. Absent prior approval by the court, no more than 5 affidavits, totaling 20 affidavit pages exclusive of exhibits, will be considered by the court. Temporary orders shall include all matters required by Neb. Rev. Stat. § 43-2930(2).

   D. Ex Parte Custody Orders. No ex parte order shall be entered in a domestic relations case without one or more supporting affidavits from a party or his or her witnesses. Except for good cause shown, no ex parte temporary order shall be entered in a pending case if the opposing party is represented by counsel or a guardian ad litem has been appointed. If an ex parte order is issued, it shall be served upon the opposing party or counsel forthwith, and a temporary hearing shall be held forthwith. Ex parte orders for temporary custody of children require a showing of a substantial risk of harm to the child(ren).

   E. Contested Custody/Guardian Ad Litem. If an issue of custody of minor child(ren) is present, the court may appoint a guardian ad litem for the minor child(ren) involved. The court will order an initial deposit for fees to be paid by the parties into court within 20 days. Initial fees shall be allocated between the parties in the discretion of the court subject to modification and the assessment of additional fees at the time of final hearing. Those claiming indigence may apply to the court with an accompanying affidavit for waiver of such fee assessment.

   F. Notice.

   (1) If temporary support is requested, a notice of hearing shall be served on the other party. If the defendant seeks temporary support, the defendant shall serve notice of hearing on the plaintiff or the plaintiff's attorney. The moving party shall file a financial affidavit for child support prior to scheduling the date of hearing. The notice shall schedule the hearing not less than 3 days after service.

   (2) In all cases notice of final hearing is required, except when service was completed by publication.

   G. Voluntary Appearance. The voluntary appearance must contain the defendant's address to which any notices may be mailed and the telephone number where the defendant may be reached. To comply with the statutes, it shall also contain a receipt for a copy of the complaint and the Nebraska Parenting Act Information Brochure. If no receipt is included, the clerk of the district court shall mail a copy of the brochure to the defendant.

   H. Restraining Orders. Temporary restraining orders shall be limited to the three items enumerated in Neb. Rev. Stat. § 42-357.

   I. Parenting Education Courses.

   (1) Parties to a domestic relations proceeding involving child(ren) are required to attend a parenting education program approved by the Administrative Office of the Courts. Attendance of the program by both parties shall be completed within 60 days from the service of process. This requirement includes filings for dissolution of marriage and determination of paternity cases which involve issues of custody, parenting time, visitation, or other access with the child. The court may also require completion of a parenting education course in contempt proceedings to compel compliance with existing orders involving parenting issues, applications to modify decrees of dissolution which involve parenting issues, and applications to modify decrees of paternity which involve parenting issues, unless all issues are resolved by agreement and entry of a stipulated order. Participation in a course may be delayed or waived by the court for good cause shown.

   (2) Failure or refusal by any party to participate in the required course shall not delay the entry of final judgment or order modifying a final judgment in such action by more than 6 months and shall in no case be punished by incarceration.

   (3) Each party shall be responsible for his or her own costs in attending a parenting education course.

   (4) At the request of either party, or based upon screening or recommendation of an attorney or mediator, the parties shall be allowed to attend separate courses or to attend the same course at different times, particularly if child abuse or neglect, domestic intimate partner abuse, or unresolved parental conflict is or has in the past been present in the relationship, or if one party has threatened the other.

   (5) As used in the context of this rule, the term "facilitator" shall mean persons qualified as approved specialized mediators and the term "specialized alternative dispute resolution" shall also be referred to as "facilitation."

   J. Mediation.

   (1) Except as otherwise provided in Neb. Rev. Stat. § 43-2937(4), when the parties or their counsel are unable to negotiate a parenting plan which satisfies the requirements of the Parenting Act, then the parties are required to meet and confer with a mediator or facilitator to complete the parenting plan and to resolve all issues of child custody, parenting time, visitation, grandparent visitation, other access, or specialized alternative dispute resolution process.

   (2) Prior to commencing an initial mediation session, the mediator shall provide an initial, individual screening session with each party to assess the presence of child abuse or neglect, unresolved parental conflict, domestic intimate partner abuse, or other forms of intimidation or coercion, or a parties' inability to negotiate freely and make informed decisions. If any of these conditions exists, the mediator shall direct the parties to a specialized alternative dispute resolution facilitator to address the mediator's concerns.

   (3) When there are allegations of domestic intimate partner abuse or unresolved parental conflict between the parties in any proceeding, or when screening by a mediator or mediation center identifies the presence of child abuse or neglect, unresolved parental conflict, domestic intimate partner abuse, other forms of intimidation or coercion, or the parties' inability to negotiate and make informed decisions, then the mediation shall not be required; however, the parents shall then be required to meet with a facilitator to initiate a specialized dispute resolution process.

   (4) The specialized alternative dispute resolution process will begin with each parent meeting individually with the qualified facilitator to provide an opportunity for the facilitator to educate each party about the process, obtain informed consent from each party in order to proceed, establish safety protocols, allow support persons to attend sessions, and consider a request to opt out for a cause. Any party may terminate after initial, individual screening sessions and once specialized alternative dispute resolution sessions begin. The primary consideration in each specialized alternative dispute resolution session shall be the safety of each party and each child. The facilitator of the process has a duty to determine whether to proceed in individual sessions or caucus sessions in order to address safety and freedom to negotiate. Joint sessions shall not be used unless, after a safety assessment by the facilitator, all parties agree to a joint session to be conducted at a location where appropriate safety measures can be in place.

   (5) No trial date or other dispositive hearing will be scheduled until attendance at the required parent education seminar has been completed and mediation or another specialized alternative dispute resolution process has been attempted to resolve the necessary issues. Failure or refusal of a party to participate shall not delay entry of the final judgment for more than 6 months. Notwithstanding the language in this rule, issues of domestic violence, domestic intimate partner abuse, or child abuse or neglect, may upon consideration by the trial court, disqualify the parties from parent education, mediation, or the specialized alternative dispute resolution process.

   (6) To the extent that the matters set forth below are not addressed in the Parenting Act notification currently provided by the clerk of the district court to the parties, the clerk of the district court shall provide a statement to the parties that their attendance at an approved parenting education class is mandatory and must be completed within the timeframe specified in this rule. The notice shall also notify the parties and counsel that the parenting plans and issues of child custody, parenting time, visitation, or other access with the child will be referred for mediation or specialized alternative dispute resolution if the parties are unable to arrive at an appropriate and agreed upon plan; that no trial or other seminar has been completed and mediation or specialized alternative dispute resolution to resolve issues of custody, parenting, visitation, or other access has been attempted; that failure or refusal to participate by any party shall not delay entry of a final judgment for more than 6 months; and that issues of domestic violence, domestic intimate partner abuse, or child abuse or neglect may, upon consideration by the trial court, disqualify the parties from parent education, mediation, or the specialized alternative dispute resolution process. This notification shall be included in the initial service packets distributed by the clerk.

   (7) The clerk of the district court shall maintain a list of mediators and facilitators approved by the district court judges and the Administrative Office of the Courts. All mediators and facilitators must meet the standards set by the State of Nebraska for training in order to qualify. All participating mediators and facilitators are allowed to determine their own fees and to provide a copy of the fee schedule to the clerk of the district court.

   (8) Mediators and facilitators shall participate in training to enable them to recognize child abuse or neglect, domestic intimate partner abuse, and unresolved parental conflict and its potential impact upon children and families. Mediators and facilitators shall also comply with all qualification requirements established by the Administrative Office of the Courts and the statutes of the State of Nebraska.

   (9) A judge may refer a case or a portion of a case to mediation or to the specialized alternative dispute resolution process. If such referrals are made by the court, the court will indicate the particular issues that are the subject of the mediation and dispute resolution process.

   (10) If the parties reach an agreement through mediation or its specialized alternative dispute resolution process, the agreement shall be reduced to writing. The mediator or the facilitator shall provide copies of the agreement to the parties and their attorneys, together with a notice informing the parties and their attorneys of their right to express their objections to the written agreement. The notice shall inform the parties and their attorneys that they have 14 days from the date of the notice to notify the mediator or facilitator of any objection. Such objection shall be specific but shall not violate the statutory protections of confidentiality or privilege of the parties, and the written objection shall be specific and shall not be filed with the clerk of the district court or in any way be communicated in violation with the statutory protections of confidentiality or privilege.

   (11) Upon filing of an objection to the mediation, the mediator or facilitator shall schedule a remediation or refacilitation session on the disputed issues identified in the written objection. The mediator or facilitator may charge additional fees for the remediation or refacilitation session. At such time as the agreement becomes final or the remediation session becomes final, counsel or the mediator or facilitator shall send a final copy of the agreement to the trial judge.

   (12) At trial, parties shall not present evidence intended to object to a provision in an approved parenting plan or to show a material change in circumstances subsequent to the filing of the final agreement, unless a written motion asking leave of court to present such evidence at trial, accompanied by a notice of hearing, has been filed with the court and has been heard and granted prior to the trial.

   (13) Evidentiary hearings requesting that mediation be waived shall be heard on affidavits or as otherwise directed by the court.

   K. Final Hearings/Pretrial Conferences. Final hearings in all dissolution cases shall be set by the court for 15 minutes unless the court is notified by either party that 15 minutes is not sufficient. When notified the trial will be excess of 1 hour, the court shall set the matter for pretrial conference and notify the parties of the date and time. Parties shall fully comply with the requirements of the court's pretrial order. In disputed custody cases, no pretrial shall be scheduled until mediation has been attempted.

   L. Child Support and Other Financial Matters. All parties seeking an order for child support and/or apportionment of expenses for medical support, including provisions for medical, dental and eye care, medical reimbursement, daycare, and extraordinary expenses of the child shall submit a final Financial Affidavit for Child Support and a final proposed calculation of the parties' child support obligations using Worksheet 1 of the Nebraska Child Support Guidelines and such other worksheets as the parties' circumstances may require.

   M. Leaving the State. Every temporary or permanent order awarding child custody shall contain language substantially as follows:

   A party exercising custody of a minor child is ordered not to move the child outside the State of Nebraska. Anyone intending such a move must first (1) make written application to the court, including proposed changes in the visitation schedule and costs of transportation; (2) obtain service of the application and give notice of the hearing to the other party; and (3) establish that the move is in the child's best interests.

   N. Termination of Representation and Postjudgment Notices. Employment of attorneys shall be deemed to have terminated after judgment. Except for motions for new trial, it is not sufficient to serve a party's attorney for postjudgment proceedings. Complaints for modification of a child support decree or custody decree require the issuance and service of summons as in a new action.

   O. Social Security Numbers and Account Numbers. Social Security numbers should not be contained in any pleadings filed in the court file. No pleading or other document filed with the court and no exhibit used at trial shall contain a complete account number for any financial accounts or debts of any party. The same shall be redacted to the extent necessary to protect the information from misuse. By agreement of the parties, or as directed by the court, such information shall be identified in such a manner so the parties, counsel, and court can distinguish information between similar accounts or debts.

Approved September 9, 2010.

   The following rule is adopted by the District and County Courts of the Ninth Judicial District for Modified Operating Procedures effective January 1, 2022.

   A. Purpose: This rule is to establish a procedure for determining when Modified Operating Procedures shall be implemented and what those procedures shall be.

   B. Applicability: These procedures are to be followed only upon a determination that normal operating procedures have been interrupted.

   C. When does implementation occur?: Implementation of Modified Operating Procedures shall occur upon a determination by the presiding Judges of the District and County Court of the Ninth Judicial District.

   (1) Implementation shall occur upon mandates by Federal, State, or Local Government or upon determination by the District and County Court Judges after consulting with local stakeholders.

   (2) Local stakeholders shall include but not be limited to the following: County Board, Local law enforcement (police and Sheriff), County Attorney's Office, Public Defender’s Office, Ninth Judicial District Judges, Local Health Boards, Probation, Corrections, Local County Bar Association, and County and District Court Clerks and Clerk Magistrates.

   D. Notice: Notice of implementation of Modified Operating Procedures shall be by Posting on the Buffalo County Justice Center/Hall County Courthouse, media outlets, web sites, and any other means as determined by the Presiding Judges.

   (1) It will be the duty of the presiding judges of the County Court and District Court to coordinate and facilitate communications with the stakeholders to plan and implement emergency modified court procedures.

   E. Modified Operating Procedures:

   (1) Upon interruption of normal operating procedures by pandemic, natural disaster, or any other unforeseen circumstance, the Court shall proceed to modify its operating procedures to ensure that all essential functions of the Court continue.

   (2) Essential functions shall include the following:

   (a) All Custodial Criminal proceedings.

   (b) Protection Orders.

   (c) Receipt of all filings.

   (d) Criminal warrants (not to include time payment warrants).

   (e) Juvenile intakes.

   (f) Receipt of financial payments.

   (g) Processing of appeals.

   (h) Habeas Corpus proceedings.

   (i) Statutorily mandated proceedings.

   (j) Emergency Ex-Parte Custody Orders and Emergency Placement Orders.

   (k) Any other matters deemed essential upon determination by the presiding Judges of the District.

   (3) The Presiding Judges of the County and District Courts of the Ninth Judicial District shall develop protocols and procedures to allow the Courts to carry on essential functions. Those may include the following:

   (a) Use of virtual proceedings, i.e., (Web-ex, Zoom, etc.).

   (b) Relocation of the Actual Court Rooms.

   (c) Alternative filing methods.

   (d) All other protocols deemed necessary by the Presiding Judges to carry on essential functioning.

   F. Notification: Notification of these protocols shall be by posting, e-mail, and any other methods available to ensure notice to Parties, Counsel, and the public.

   G. Return to Normal Operating Procedures: The Presiding Judges of the District shall be responsible for determining when the Courts return to normal operating procedures. Notice shall be provided as mentioned above to inform parties, counsel, and the public of the return to normal functioning.

Approved April 13, 2022.

  The following rule is adopted by the District and County Courts of the Ninth Judicial District for Modified Operating Procedures effective January 1, 2022.

   A. Purpose: This rule is to establish a procedure for determining when Modified Operating Procedures shall be implemented and what those procedures shall be.

   B. Applicability: These procedures are to be followed only upon a determination that normal operating procedures have been interrupted.

   C. When does implementation occur?: Implementation of Modified Operating Procedures shall occur upon a determination by the presiding Judges of the District and County Court of the Ninth Judicial District.

   (1) Implementation shall occur upon mandates by Federal, State, or Local Government or upon determination by the District and County Court Judges after consulting with local stakeholders.

   (2) Local stakeholders shall include but not be limited to the following: County Board, Local law enforcement (police and Sheriff), County Attorney’s Office, Public Defender’s Office, Ninth Judicial District Judges, Local Health Boards, Probation, Corrections, Local County Bar Association, and County and District Court Clerks and Clerk Magistrates.

   D. Notice: Notice of implementation of Modified Operating Procedures shall be by Posting on the Buffalo County Justice Center/Hall County Courthouse, media outlets, web sites, and any other means as determined by the Presiding Judges.

   (1) It will be the duty of the presiding judges of the County Court and District Court to coordinate and facilitate communications with the stakeholders to plan and implement emergency modified court procedures.

   E. Modified Operating Procedures:

   (1) Upon interruption of normal operating procedures by pandemic, natural disaster, or any other unforeseen circumstance, the Court shall proceed to modify its operating procedures to ensure that all essential functions of the Court continue.

   (2) Essential functions shall include the following:

   (a) All Custodial Criminal proceedings.

   (b) Protection Orders.

   (c) Receipt of all filings.

   (d) Criminal warrants (not to include time payment warrants).

   (e) Juvenile intakes.

   (f) Receipt of financial payments.

   (g) Processing of appeals.

   (h) Habeas Corpus proceedings.

   (i) Statutorily mandated proceedings.

   (j) Emergency Ex-Parte Custody Orders and Emergency Placement Orders.

   (k) Any other matters deemed essential upon determination by the presiding Judges of the District.

   (3) The Presiding Judges of the County and District Courts of the Ninth Judicial District shall develop protocols and procedures to allow the Courts to carry on essential functions. Those may include the following:

   (a) Use of virtual proceedings, i.e., (Web-ex, Zoom, etc.).

   (b) Relocation of the Actual Court Rooms.

   (c) Alternative filing methods.

   (d) All other protocols deemed necessary by the Presiding Judges to carry on essential functioning.

   F. Notification: Notification of these protocols shall be by posting, e-mail, and any other methods available to ensure notice to Parties, Counsel, and the public.

   G. Return to Normal Operating Procedures: The Presiding Judges of the District shall be responsible for determining when the Courts return to normal operating procedures. Notice shall be provided as mentioned above to inform parties, counsel, and the public of the return to normal functioning.

Approved March 22, 2023.

   Virtual meetings will be available for non-testimonial proceedings based upon the sole discretion of each County and District Judge within his/her courtroom. Requests to participate by virtual proceedings shall be made to the Bailiff/Courtroom Clerk at least 48 hours in advance of the hearing. Each party appearing via WebEx, Zoom, or other video conference platform will need to be logged in 5 minutes in advance of the hearing.

   Testimonial hearings shall not be conducted via WebEx, Zoom, or other video conference platform, except for when extraordinary circumstances arise and then it will be at the sole discretion of the County and District Judge within his/her courtroom consistent with Neb. Rev. Stat. §§ 24-303 and 24-734.

Approved February 8, 2023.

   Virtual meetings will be available for non-testimonial proceedings based upon the sole discretion of each County and District Judge within his/her courtroom. Requests to participate by virtual proceedings shall be made to the Bailiff/Courtroom Clerk at least 48 hours in advance of the hearing. Each party appearing via WebEx, Zoom, or other video conference platform will need to be logged in 5 minutes in advance of the hearing.

   Testimonial hearings shall not be conducted via WebEx, Zoom, or other video conference platform, except for when extraordinary circumstances arise and then it will be at the sole discretion of the County and District Judge within his/her courtroom consistent with Neb. Rev. Stat. §§ 24-303 and 24-734.

Approved October 19, 2022.

   These rules for the district court of the Tenth Judicial District shall become effective upon approval by the Supreme Court and publication in the Nebraska Advance Sheets and shall supplement the Uniform District Court Rules of Practice and Procedure adopted by the Supreme Court.

   Two terms of court will be held in each district court in the Tenth Judicial District. The Spring Term will commence on a date in March and the Fall Term will commence on a date in August or September, as determined by the court. On the opening day of the term, a docket call may be held to set cases for trial or further hearing. Counsel will be notified of the date and time for the docket call in each county and will be required to attend the same unless excused in writing by the court.

   In addition to the requirements set forth in Neb. Rev. Stat. § 25-1148 (Reissue 2008), a motion for continuance shall set forth whether the opposing party has an objection. If the opposing party does not object to the continuance, the party filing the motion shall be responsible for arranging, as soon as practical, a new date and time with all opposing parties and the court. If the opposing party does object, it is the responsibility of the party filing the motion to set the motion for hearing. Except for exigent circumstances, a motion for a continuance shall be made at least 3 working days prior to the hearing for which the continuance is requested.

   Stipulations for continuances for hearings scheduled for more than 1 hour are subject to the approval of the court. The court will consider the reasons given, the progression schedule, and the availability of an alternate date. All orders for a continuance of a hearing will specify the date and time of the rescheduled hearing.

   It shall be the duty of the party directed by the court to promptly prepare a proper journal entry, order, judgment, or decree. The proposed journal entry shall be submitted to opposing counsel or party for approval as to form and content and then submitted to the court for its signature within 10 days after the entry of the decision or order. Should a party or attorney object to the form or content of the journal entry, he or she should notify the court immediately of any requested change. The court will determine the final language of the order.  As to all journal entries which constitute a judgment within the meaning of Neb. Rev. Stat. § 25-1301.01 (Reissue 2008), the clerk shall file a certificate in the court file showing that a notice has been mailed to all parties of record or their attorneys. The clerk shall refuse to issue an execution, order of the sale, fee bill, or other final process founded upon such decision or order in any case until the same is properly journalized and signed.

   A. Pro se litigants may submit hand-written pleadings. Such pleadings shall be in ink and shall not contain erasures or interlineations materially defacing the pleading.

   B. All pleadings shall have a 1½-inch margin at the top of each page, and the text of the pleading shall be 1½ or double-spaced.

   C. Pleadings submitted by a pro se party shall contain the name, address, and telephone number of the pro se party offering the pleading.

   D. After filing of the initial pleading, copies of all other pleadings shall be served upon all parties of record or if represented, the attorney. Every pleading shall contain a proof of service.

   E. Proof of Service of Papers: Except as otherwise provided by statute, or by order of the court, proof of service of any pleading, motion, or other paper required to be served shall be made by: (1) a certificate by or on behalf of counsel or the pro se party showing the name and address of any party on whom service was had; (2) written receipt of the opposing party or his or her attorney; (3) affidavit of the person making service; (4) return of the county sheriff; or (5) other proof satisfactory to the court. Failure to make proof of service will not affect the validity of the service, and the court may at any time allow the proof of service to be amended or supplied unless it clearly appears that to do so would result in material prejudice to substantial rights of any party.

   F. Additional Parties: In no case, after the complaint or other pleading has been filed, shall any party be added to such action without first obtaining an order of the court granting such leave.

   G. Amendments: Other amendments to pleadings made after the answer is filed may be allowed within the discretion of the court. In no instance shall an amendment of a pleading be made by erasure, substitution, interlineations, or otherwise except by leave of the court. A party who has obtained leave to amend a pleading but fails to do so within the time allowed shall be considered as electing to abide by the former pleading. In no case of amendment shall the original pleading be withdrawn from the file or obliterated.

   H. Pleadings in Default: A party in default of a pleading may, before judgment, on motion, notice, and good cause shown, file the same within such time and upon such terms as the court shall allow.

   I. Costs: Except for criminal cases and proceedings wherein a poverty affidavit is filed and approved by the court, court costs shall be paid when actions are commenced and thereafter, when liability for additional costs accrue. An attorney is responsible to the clerk for costs incurred at the attorney's request and shall immediately pay the same upon receipt of the clerk's statement of such fees.

   A. It shall be presumed that all court proceedings in the District Court of the Tenth Judicial District will be conducted in person. However, in the event the courtroom has the necessary technology, court proceedings may be conducted by telephone, videoconferencing, or similar methods (“remote technology”) as follows:

   1. In its discretion, the Court may permit a court proceeding not involving testimony of witnesses by oral examination to be conducted by remote technology.

   2. By agreement of the parties, for extraordinary circumstances, and with permission of the Court, any court proceeding, except jury trials, maybe conducted by remote technology.

   3. In any civil case involving testimony of witnesses by oral examination where the parties disagree regarding the use of remote technology for a court proceeding, the parties shall avail themselves of the procedure set out in Neb. Rev. Stat. § 24-734(5).

   4. If Emergency Modified Court Operations are in effect, the administrative orders recommended by the Emergency Committee for the Tenth Judicial District and issued by this respective court shall govern the use of remote technology for court proceedings.

   B. To schedule a court proceeding that is to be conducted by remote technology, the parties shall contact the Court’s bailiff at least 5 days prior to the hearing to receive instructions on how they shall proceed. The notice of hearing shall clearly state in bold print that the hearing will be held by remote technology. The parties requesting that the hearing be held remotely shall be responsible for making the arrangements for the hearing and for any expenses.

   C. For court proceedings conducted by remote technology, a party intending to offer exhibits shall provide the exhibits to the court reporter and all opposing parties 48 hours prior to the hearing, or as otherwise provided by law or the local court rules. Exhibits or affidavits that exceed an aggregate total of twenty (20) pages shall be submitted to the Court in hard copy.

   D. This Rule is meant to be consistent with Neb. Rev. Stat. §§ 24-303(2), 24-734(3) through (5), and 25-2704(2).

   E. Supreme Court Rules governing courtroom decorum shall apply to court proceedings conducted by remote technology. Specifically, hearings held by a videoconference shall be conducted as if they were occurring in Court. Counsel and litigants shall remain muted unless directed otherwise by the Court. Proper attire and behavior are expected. Eating is prohibited during the hearing. Counsel and parties shall not conduct other business during the hearing. Unless using a cell phone for the hearing, it shall be silenced. The only people in the room shall be counsel, their client, and potentially a witness. No pets shall be in the room from where a videoconference is being conducted. Audio and video recording of the hearing is strictly prohibited.

   F. If the Court determines the quality of the remote hearing is not adequate for a full and fair hearing of the issues, the hearing will be rescheduled to a later date with counsel and the parties appearing in court.

Amended October 26, 2022.

   A. Availability of Counsel During Jury Deliberations: Counsel and parties shall be available on such notice, as ordered by the court during jury deliberations. In civil cases, in the event of a verdict or a question by the jury, parties and counsel shall be present within 15 minutes of notification. Failure of a party or counsel to appear will constitute a waiver of appearance. The clerk or bailiff should be kept informed of where counsel will be at all times when the jury is deliberating, unless excused by the court.

   B. Absence of Counsel on Receipt of Verdict: In civil cases, the court will not deem it necessary that any party or any counsel be present or represented when the jury returns to the courtroom with its verdict. 

   All correspondence with the court regarding pending litigation shall refer to the case by case title, number, and county, and a copy of the correspondence shall be mailed to opposing counsel or party if not represented. If the correspondence requests the court's transmittal of documents, a pre-addressed, stamped envelope shall be enclosed by the requesting party or counsel. 

   A. An attorney, title examiner, or bonded abstractor shall be permitted to withdraw an inactive civil file from the custody of the clerk. The clerk shall take a receipt from the person removing the same, giving the title of the case on the appearance docket, number of the case, the date when taken, and the date on which the file will be returned. The file shall be returned forthwith upon the filing of any pleading in the case or within 3 days after withdrawal, whichever is earlier. Failure to return a file promptly, in accordance with the receipt, will result in suspension of the right to withdraw files.

   B. No person shall be granted permission to withdraw original bonds, or files pertaining to inquests, insanity proceedings, or mental health proceedings.

   C. No active file may be withdrawn without specific written approval of the district judge or clerk of the court.

   D. No criminal file may be withdrawn at any time regardless of whether the case is pending or completed.

   A. Pursuant to the discovery rules of the Supreme Court, depositions will not be filed with the clerk of the court, but delivered by the reporter to the possession of the attorney taking such deposition. The reporter shall, however, file with the clerk of the court a certificate confirming that such deposition was taken, naming the witness, the date and place of the deposition, the person to whom the deposition was delivered, the date of delivery, and the cost of the deposition. The certificate shall be filed prior to the trial or other disposition of the case.

   B. When it becomes necessary or appropriate to introduce any pleading from another case into evidence, such shall be received into evidence by the court only upon the condition that copies be substituted for the originals so offered. Such copies must be of a permanent type and of a quality acceptable to the reporter for use in any record on appeal.

   C. At no time shall any original pleading or filing be incorporated into any transcript or bill of exceptions, but this shall at all times remain in the custody of the clerk of the court unless otherwise ordered by the court.

   D. Interrogatories and requests for admission shall not be filed as pleadings in any case, but may be submitted as exhibits to motions to compel or other motions addressed to the performance or limitation of such discovery.

   E. Interrogatories or requests for admission shall have sufficient space below the interrogatory or request for the responding party to answer. Answers to interrogatories or requests for admission shall be typed with the answers following the question. If there is insufficient space, or if preferred by the responding party, the responding party may simply retype all of the questions and provide the answers in the appropriate places within the new document.

   F. Requests for relief under the discovery rules of the Supreme Court must be supported by a representation, by the moving party, that sincere efforts have been made to resolve differences before seeking the relief.

   A. The following schedule denotes the number of days prior to a date of hearing a notice of such hearing shall be served upon a party to constitute prima facie proof of "reasonable notice" (unless a longer period is required by a specific statute):

   1. Five (5) working days for all temporary hearings and restraining orders in dissolution actions, motions in civil actions, and all motions or arraignments in criminal actions;

   2. Thirty (30) calendar days from date of service for contempt actions;

   3. Fourteen (14) calendar days for release of liens, consent to adoption, modifications, final hearings in dissolution actions, pretrials in civil actions, and other non-jury civil actions.

Where notice is given by U.S. mail rather than by personal service, add 1 day for addressee in the same city, 2 days for addressee in state but outside the city, and 3 days for addressee outside state. The court may approve notices served or mailed not meeting the above guideline requirements where the court determines from the facts that "reasonable notice" has been given. Period of service will be considered waived when party to be served appears in person or by attorney without making specific objection to the period of service.

   B. When directed by the court, the clerk shall prepare a list of pending civil cases in which no action has been taken for 4 months. An order may then be entered requiring that cause be shown, within 30 days from entry of order, as to why said case should not be dismissed for lack of prosecution. Notice of said order shall be sent to all attorneys of record and pro se parties. If good cause is not shown, such cases shall be dismissed.

   In addition to the requirements of the Uniform District Court Rules, counsel may be permitted to withdraw from a matter upon filing a motion which:

   A. Recites a reason for withdrawal and that the motion to withdraw has been served upon the client and all parties of record;

   B. Provides the client's last known mailing address; and

   C. Recites whether there is a hearing currently scheduled in the case.

   All stipulations shall be made in open court and recorded by the reporter or reduced to writing and signed by the parties or counsel and filed with the court.

   A. Ordinary business attire for male attorneys shall include a jacket and tie.  Ordinary business attire for female attorneys shall include a jacket.

   B. Absent court permission, no person shall use a computer, recording device, photo imaging device, or a cellular telephone for any purpose, including the taking of pictures in the courtroom. Computers, recording devices, cameras, and cellular telephones are subject to confiscation for violation of the rule.

   C. Upon order of the court, any person may be subjected to a search of his or her person for possession of computers, recording devices, cellular telephones, and photo imaging devices.

   D. Litigants, witnesses, counsel, and spectators shall not mingle or converse with jurors.

   Parties shall submit briefs in support of, or in opposition to, a motion for summary judgment or motion to dismiss. Briefs shall identify the elements of each cause of action and shall contain a separate statement of each material fact with reference to the specific document, (by page and line) establishing that fact. The moving party shall provide opposing counsel its brief 3 days prior to the hearing. Opposing counsel shall have such time to respond as authorized by the court at the time of the hearing.

1. PURPOSE. This rule is to establish a process for the appointment of private attorneys to represent indigent defendants as provided in Neb. Rev. Stat. §§ 29-3901 to 29-3908.

2. APPLICABILITY. This rule shall not apply to criminal proceedings in which the court appoints the Public Defender or the Nebraska Commission on Public Advocacy.

3. GENERAL.

1. Appointments of private attorneys shall be made on an impartial and equitable basis;

2. The appointments shall be distributed among the attorneys on a rotation system;

3. Cases shall be assigned to attorneys of sufficient experience, skill, and competence to render effective assistance of counsel to defendants;

4. Complex cases shall be assigned to attorneys with sufficient levels of experience and competence to provide adequate representation; and

5. Less experienced attorneys should be assigned cases which are within their capabilities, but should be given the opportunity to expand their experience under supervision.

4. COURT-APPOINTED ATTORNEY LIST.

1. Each clerk magistrate shall maintain a court-appointed attorney list from which attorneys shall be appointed to represent indigent defendants. The list shall include the name, address, phone number, email, and Nebraska bar number for each attorney who is willing to accept appointments to criminal, juvenile, and civil (child support) cases in the judicial district.
    
2. Attorneys may contact the county court in each county and, by completing and submitting a registration form, request the clerk magistrate to place them on, or remove them from, the respective court’s court-appointed list. A sample registration form is attached, and additional registration forms are available in both the county court offices. (*Note: Separate registration forms need to be completed and submitted for each of the courts, district and county, for each of the counties for which the attorney seeks to be placed upon that respective court appointment list.)

3. Each clerk magistrate shall make the court-appointed list of attorneys available upon request.

5. METHOD OF SELECTION FROM COURT-APPOINTED LIST.

1. The court will generally attempt to appoint attorneys from the court-appointed attorney list on a rotational basis, subject to the court's sole discretion to make exceptions due to:

1. the nature and complexity of the case;

2. an attorney’s experience;

3. the nature and disposition of the defendant;

4. a language consideration;

5. a conflict of interest;

6. the availability of an attorney, taking into consideration an immediate need to address issues involved in the case;[1]

7. geographical considerations;[2] and

8. other relevant factors that may be involved in a specific case.

2. If the court, in its sole discretion, varies from the rotation basis, it may appoint any qualified attorney, whether or not the attorney is on the court-appointed attorney list.

6. REMOVAL AND REINSTATEMENT FROM APPOINTMENT LIST.

1. Judges will monitor attorney performance on a continuing basis to ensure the competency of attorneys on the list. An attorney may be removed from the appointment list by a majority vote of county court judges.

2. If an attorney is under consideration for removal from the list, written notification will be given indicating the concerns with his or her performance giving rise to consideration for removal and the attorney will be given the opportunity to respond in writing or in person before a final decision is made.

3. An attorney who has been removed from the list may be considered for reinstatement by a majority vote of the county judges, after the deficiencies contained in the notice have been resolved.

  A. This rule is adopted and shall govern emergency modified court operations for the District Court of the Tenth Judicial District.

   B. These procedures and policies shall apply when it has been determined by the presiding judges that normal court operations are not possible.

   C. Emergency modified court operations shall be implemented by the presiding judges of the District and County Courts in consultation with local stakeholders, which shall include the County Board, local law enforcement officials, local health authorities, probation, and the District Court Clerk and County Court Clerk Magistrate.

   D. Notice of Emergency Modified Court Operations shall be posted at the Courthouses, through local media outlets and on District and County websites, or through any other method determined by the presiding judges.

   E. In the event normal court operations are interrupted, Emergency Modified Court Operations shall be implemented in order to maintain essential functions of the court, including:

   1. Criminal proceedings;

   2. Receipt of filings;

   3. Processing of warrants;

   4. Juvenile intake/ detention filings;

   5. Processing of appeals;

   6. Any proceedings required by law;

   7. Protection orders;

   8. Landlord/tenant proceedings; and

   9. Any other matters determined to be “essential” by the presiding judges.

   F. Depending on the reason for Emergency Modified Court Operations, the presiding judges shall develop procedures in order to carry on essential functions, which may include: use of remote technology, temporary physical relocation of the courts, alternate document filing methods, and access to the courts by the public.

   G. The presiding judges of the Tenth Judicial District shall determine when the courts shall return to normal operating procedures. Notification of the return to normal operating procedures shall be posted by the methods prescribed in section D, above.

Approved April 5, 2023.

   It is the duty of a pro se party needing an interpreter or counsel for a party needing an interpreter to notify the clerk of the district court 10 days prior to any hearing of the need for an interpreter. It shall be specified whether an interpreter is needed for one of the parties and/or one or more witnesses. It is not permissible for the parties to use a friend or relative as an interpreter. The cost for an interpreter is not assessed to the parties.

   Persons who are not practicing attorneys may use a county law library only with court approval. No books shall be removed from a library unless signed for in the office of the clerk or other custodian. All books must be returned to the library within 1 week from the date taken and returned to their proper places by library users. The bar association of each county shall select one or more of its members to advise and consult with the court on matters pertaining to library maintenance and regulation for that county. Additional library rules may be ordered by the court and conspicuously posted in the office of the clerk and library. 

   A. FILINGS:

   1. Every party in a dissolution case involving minor children shall file a complaint containing all matters required by statute and court rule. The complaint must contain the name and address of the plaintiff and his or her attorney, except that a plaintiff living at an undisclosed location for safety concerns is only required to disclose the county and state of his or her residence and provide an alternative address for the mailing of notice.

   2. Unless a plaintiff has requested to proceed in forma pauperis, the statutory filing fee must accompany the complaint.

   3. A properly completed Department of Health Bureau of Vital Statistics form shall be filed in each dissolution of marriage or annulment action, and no decree will be entered unless the form is completed in full.

   4. Each complaint must be accompanied when filed with a fully completed Confidential Party Information Form, including Social Security numbers, a statement of gender, and birthdays.

   5. If the parties have developed a parenting plan, the complaint shall so plead. Alternatively, if there are issues of custody, parenting time, or other matters that are not contested, those items should be pled as well.

   6. All complaints for dissolution of marriage involving children must be accompanied by an affidavit from plaintiff's counsel stating that counsel has provided the plaintiff the Nebraska Parenting Act Information Brochure and has had a copy of the brochure served with summons upon the defendant or has provided a copy of the brochure to a pro se defendant who has submitted a voluntary appearance. For all other defendants, counsel for plaintiff shall serve a copy of the Nebraska Parenting Act Information Brochure with summons with verification of service contained in the return.

   7. The court, on its own motion, and after hearing, may strike and dismiss at plaintiff's costs, any complaint for dissolution where there is a failure to comply with any of the rules set forth above.

   B. PROPERTY DIVISION AND PROPERTY STATEMENTS:

   1. When the action involves the division of property by the court or by property settlement, both parties shall file a property statement. The only form accepted shall be the form attached to these rules. See Appendix #1.

   2. To avoid problems in identification of specific property, the party filing the action shall have 60 days from the date of filing of the complaint to prepare and file a property statement, furnishing a copy to the defendant, if pro se, or to defendant's attorney of record.

   3. The defendant must then complete the property statement by adding any additional property and inserting estimates of value. The defendant's completed property statement must be filed within 30 days after the plaintiff's property statement, and a copy furnished to plaintiff, if pro se, or to the plaintiff's attorney of record. Either party may receive an extension of time for filing or completing a property statement upon written motion and good cause shown.

   4. Failure to timely file a property statement by the plaintiff in accordance with these rules may result in the court's dismissing the action after notice by the court. Failure of the defendant to timely file a property statement in accordance with these rules may result in the court's accepting the plaintiff's property statement and prevent the defendant from disputing the plaintiff's property statement after notice by the court. Final hearing or a pretrial conference will not be scheduled until one completed property statement is on file.

   5. When property division is contested at final hearing, the parties shall prepare a combined property statement for use as an exhibit. Under no circumstances will the court allow more than one property statement to be used, except for purposes of impeachment.

   6. Amendments to property statements or values thereon shall not be used unless filed at least 10 days before trial, except by agreement of the parties or special permission of the court. Parties will, however, be permitted to correct amounts for bank accounts and debts at the time of trial.

   C. TEMPORARY HEARING:

   1. In all cases where a party seeks a temporary order relating to custody, parenting time, visitation, or other access, that party shall file and offer a Temporary Child Information Affidavit verified to the extent known or reasonably discoverable by the filing party or parties. Parties responding to such affidavits shall ensure that their affidavits conform to the same format. No temporary orders for custody or parenting time will be considered unless such an affidavit is completed and provided to the court.

   2. Affidavits offered at the temporary hearing must be typed and comport with Rule 10-4(B). Affidavits offered by pro se parties must comport with Rule 10-4(A).

   3. The court may require either party to exercise the option to obtain health insurance available through an employer or other organization which may extend coverage to children affected by the decree. Availability of insurance shall be disclosed in the parties' affidavits. In the absence of disclosure, the court may presume that full coverage is available through the nondisclosing party. Each party has a continuing duty to disclose available insurance.

   4. All applications for temporary allowances (child support/ alimony) shall include a fully completed Financial Affidavit for Child Support and a proposed child support calculation using worksheet 1 of the Nebraska Child Support Guidelines and such other worksheets as the parties' circumstances may require. Parties responding to such affidavits shall follow the same format. All child support calculations shall be accompanied by the tax returns, current wage stubs, and other information concerning the resources of the parties as required by the Nebraska Child Support Guidelines.

   5. All Temporary Child Information Affidavits, financial affidavits for child support, and other affidavits offered in support of custody, child support, parenting time, and alimony shall not be filed in the main court file but shall be offered at the temporary hearing and retained by the court reporter. No affidavits will be e-filed. It is the obligation of attorneys submitting affidavits to redact from the affidavits all irrelevant material and hearsay prior to them being offered.

   6. All applications for temporary orders shall be heard solely upon affidavits, proposed calculations of child support obligations under the Nebraska Child Support Guidelines, and the arguments of counsel, except ex parte hearings as provided by statute. Initial affidavits shall NOT be considered unless they are served upon the opposing party during the business day, 2 business days before the hearing (i.e., for a temporary hearing on Monday, the affidavits need to be served during the business day on Thursday). If responsive affidavits are required, they shall be received by the court within 3 business days after the hearing. Absent prior approval by the court and notwithstanding the Temporary Child Information Affidavit, no more than 20 affidavit pages, exclusive of exhibits, will be considered by the court. Temporary orders shall include all matters required by Neb. Rev. Stat. § 43-2930(2).

   D. EX PARTE CUSTODY ORDER:

   No ex parte order shall be entered in a domestic relations case without one or more supporting affidavits from a party or his or her witnesses. Except for good cause shown, no ex parte temporary order shall be entered in a pending case if the opposing party is represented by counsel or a guardian ad litem has been appointed. If an ex parte order is issued, it shall be served upon the opposing party or counsel forthwith, and a temporary hearing shall be held forthwith. Ex parte orders for temporary custody of children require a showing of a substantial risk of harm to the child(ren).

   E. CONTESTED CUSTODY/GUARDIAN AD LITEM:

   If an issue of custody of minor children is present, the court may appoint a guardian ad litem for the minor child(ren) involved. The court will order an initial deposit for fees to be paid by the parties into court. Initial fees shall be allocated between the parties in the discretion of the court, subject to modification and the assessment of additional fees at the time of final hearing. Those claiming indigence may apply to the court with accompanying affidavit for waiver of such fee assessment.

   F. NOTICE:

   In all cases, except where service was obtained by publication and no answer has been filed, notice of final hearing is required to both parties.

   G. VOLUNTARY APPEARANCE:

   1. A voluntary appearance must be notarized.

   2. The voluntary appearance must contain an address to which any notices may be mailed to the defendant and the telephone number where the defendant may be reached. To comply with the statutes, it shall also contain a receipt for a copy of the complaint and Nebraska Parenting Act Information Brochure. If no receipt is included, the clerk of the district court shall mail a copy of the brochure to the defendant.

   H. RESTRAINING ORDERS:

   Temporary restraining orders shall be limited to the three items enumerated in Neb. Rev. Stat. § 42-357.

   I. PARENTING EDUCATION COURSES:

   1. Parties to a domestic relations proceeding involving children are required to attend a parenting education program approved by the Administrative Office of the Courts. Attendance at the program by both parties shall be completed within 60 days from the service of process. This requirement includes filings for dissolution of marriage and determination of paternity cases which involve issues of custody, parenting time, visitation, or other access with the child. Participation in a course may be delayed or waived by the court for good cause shown.

   2. Failure or refusal by any party to participate in the required course shall not delay the entry of a final judgment or order modifying a final judgment in such action by more than 6 months and shall in no case be punished by incarceration.

   3. Each party shall be responsible for his or her own costs in attending a parenting education course.

   4. At the request of either party, or based upon screening or recommendation of an attorney or mediator, the parties shall be allowed to attend separate courses or to attend the same course at different times, particularly if child abuse or neglect, domestic intimate partner abuse, or unresolved parental conflict is or has in the past been present in the relationship, or if one party has threatened the other.

   J. MEDIATION:

   1. Except as otherwise provided in Neb. Rev. Stat. § 43-2937(4), when the parties are unable to negotiate a parenting plan which satisfies the requirements of the Nebraska Parenting Act, then the parties are required to meet and confer with a mediator or facilitator to complete the parenting plan and to resolve all issues of child custody, parenting time, visitation, grandparent visitation, other access, or any other issues relating to the children that might be susceptible to mediation or the specialized alternative dispute resolution process.

   2. Prior to commencing an initial mediation session, the mediator shall provide an initial, individual screening session with each party to assess the presence of child abuse or neglect, unresolved parental conflict, domestic intimate partner abuse, or other forms of intimidation or coercion, or a parties' inability to negotiate freely and make informed decisions. If any of these conditions exists, the mediator shall direct the parties to a specialized alternative dispute resolution facilitator to address the mediator's concerns.

   3. When there are allegations of domestic intimate partner abuse or unresolved parental conflict between the parties in any proceeding, or when screening by a mediator or mediation center identifies the presence of child abuse or neglect, unresolved parental conflict, domestic intimate partner abuse, other forms of intimidation or coercion, or the parties' inability to negotiate and make informed decisions, then the mediation shall not be required; however, the parents shall then be required to meet with a facilitator to initiate a specialized dispute resolution process.

   4. The specialized alternative dispute resolution process will begin with each parent meeting individually with the qualified facilitator to provide an opportunity for the facilitator to educate each party about the process, obtain informed consent from each party in order to proceed, establish safety protocols, allow support persons to attend sessions, and consider a request to opt out for a cause. Any party may terminate after initial individual screening sessions and one specialized alternative dispute resolution session. The primary consideration in each specialized alternative dispute resolution session shall be the safety of each party and each child. The facilitator of the process has a duty to determine whether to proceed in individual sessions or caucus sessions in order to address safety and freedom to negotiate. Joint sessions shall not be used unless, after a safety assessment by the facilitator, all parties agree to a joint session to be conducted at a location where appropriate safety measures can be in place.

   5. No trial date or other dispositive hearing will be scheduled until attendance at the required parent education seminar has been completed and mediation or other specialized alternative dispute resolution process has been attempted to resolve the necessary issues. Failure or refusal of a party to participate shall not delay entry of the final judgment for more than 6 months. Notwithstanding the language in this rule, issues of domestic violence, domestic intimate partner abuse, or child abuse or neglect may, upon consideration by the trial court, disqualify the parties from parent education, mediation, or the specialized alternative dispute resolution process.

   6. To the extent that the matters set forth below are not addressed in the Nebraska Parenting Act notification currently provided by the clerk of the district court to the parties, the clerk of the district court shall provide a statement to the parties that their attendance at an approved parenting education class is mandatory and must be completed within the timeframe specified in this rule. The notice shall also notify the parties and counsel that the parenting plans and issues of child custody, parenting time, visitation, or other access with the child will be referred for mediation or specialized alternative dispute resolution if the parties are unable to arrive an appropriate and agreed upon plan; that no trial or other dispositive hearing will be scheduled until attendance at the required parent education seminar has been completed and mediation or specialized alternative dispute resolution to resolve issues of custody, parenting, visitation, or other access has been attempted; that failure or refusal to participate by a party shall not delay entry of a final judgment for more than 6 months; that issues of domestic violence, domestic intimate partner abuse, or child abuse or neglect may, upon consideration by the trial court, disqualify the parties from parent education, mediation, or the specialized alternative dispute resolution process. This notification shall be included in the initial service packets distributed by the clerk.

   7. The clerk of the district court shall maintain a list of mediators and facilitators approved by the district court judges and the Administrative Office of the Courts. All mediators and facilitators must meet the standards set by the State of Nebraska for training in order to qualify. All participating mediators and facilitators are allowed to determine their own fees and to provide a copy of the fee schedule to the clerk of the district court.

   8. Mediators and facilitators shall participate in training to enable them to recognize child abuse or neglect, domestic intimate partner abuse, and unresolved parental conflict and its potential impact upon children and families. Mediators and facilitators shall also comply with all qualification requirements established by the Administrative Office of the Courts and the statutes of the State of Nebraska.

   9. A judge may refer a case or a portion of a case to mediation or to the specialized alternative dispute resolution process. If such referrals are made by the court, the court will indicate the particular issues that are the subject of the mediation and dispute resolution process.

   10. If the parties reach an agreement through mediation or its specialized alternative dispute resolution process, the agreement shall be reduced to writing. The mediator or the facilitator shall provide copies of the agreement to the parties and their attorneys, together with a notice informing the parties and their attorneys of their right to express their objections to the written agreement. The notice shall inform the parties and their attorneys that they have 14 days from the date of the notice to notify the mediator or facilitator of any objections. Such objection shall be specific but shall not violate the statutory protections of confidentiality or privilege of the parties and the written objection shall be specific and shall not be filed with the clerk of the district court or in any way be communicated in violation with the statutory protections of confidentiality or privilege.

   11. Upon filing of an objection, the mediator or facilitator shall schedule a remediation or refacilitation session on the disputed issues identified in the written objection. The mediator or facilitator may charge additional fees for the remediation or refacilitation session. At such time as the agreement becomes final or the remediation session becomes final, counsel or the mediator or facilitator shall send a final copy of the agreement to the trial judge.

   12. At trial, parties shall not present evidence intended to object to a provision in an approved parenting plan or to show a material change in circumstance subsequent to the filing of the final agreement, unless a written motion asking leave of court to present such evidence at trial, accompanied by a notice of hearing, has been filed with the court and has been heard and granted prior to the trial.

   13. All evidentiary hearings requesting that mediation be waived shall be heard on affidavits only.

   K. FINAL HEARINGS/PRETRIAL CONFERENCES:

   Final hearings in all dissolution cases shall be set by the court for 15 minutes unless the court is notified by either party that 15 minutes is not sufficient. When notified that the trial will be in excess of 1 hour, the matter will be set for a pretrial conference. Parties shall fully comply with the requirements of the court's pretrial order. In disputed custody cases, no pretrial shall be scheduled until mediation has been attempted.

   L. CHILD SUPPORT AND OTHER FINANCIAL MATTERS:

   All parties seeking an order for child support and/or apportionment of expenses for medical support, including provisions for medical, dental and eye care, medical reimbursement, daycare, and extraordinary expenses of the child shall submit a Final Financial Affidavit For Child Support and a final proposed calculation of the parties' child support obligations using worksheet 1 of the Nebraska Child Support Guidelines and such other worksheets as the parties' circumstances may require.

   M. LEAVING THE STATE:

   Every temporary or permanent order awarding child custody shall contain language substantially as follows:

   A party exercising custody of a minor child is ordered not to move the child outside the State of Nebraska. Anyone intending such a move must first:

   1. Make written application to the court, including proposed changes in the visitation schedule and costs of transportation;

   2. Obtain service of the application and give notice of the hearing to the other party; and

   3. Establish that the move is in the child's best interests.

   N. NOTICE OF MOTIONS OR MODIFICATIONS AND JUDGMENT:

   Employment of attorneys shall be deemed to have terminated after judgment.  Except for motions for new trial, it is not sufficient to serve a party's attorney for postjudgment proceedings. Complaints for modification of a child support decree or custody decree require the issuance and service of summons as in a new action.

   O. SOCIAL SECURITY NUMBERS AND ACCOUNT NUMBERS:

   Social Security numbers should not be contained in any pleading filed in the court file. No pleading or other document filed with the court and no exhibit used at trial shall contain a complete account number for any financial accounts or debts of any party. The same shall be redacted to the extent necessary to protect the information from misuse. By agreement of the parties, or as directed by the court, such information shall be identified in such a manner so the parties, counsel, and court can distinguish information between similar accounts or debts.

   All lawyers providing limited scope representation to a client shall do so pursuant to the terms of Neb. Ct. R. of Prof. Cond. § 3-501.2. If such representation is done pursuant to Neb. Ct. R. of Prof. Cond. § 3-501.2(d), the lawyer shall file a "Limited Appearance." The "Limited Appearance" shall contain: (1) a written acceptance by the client setting forth the client's understanding of the scope, nature, and acceptance of the representation and (2) a statement that all pleadings, motions, and notices should be sent to the lawyer entering the "Limited Appearance." When the representation is complete, the lawyer shall file within 10 days a "Certificate of Completion of Limited Representation" with the court. The certificate shall contain a statement that all future pleadings, motions, and notices should be sent directly to the pro se litigant. An order of the court allowing the lawyer to withdraw is not required. 

   An Information in a criminal case shall have noted thereon the statute under which each count of the complaint is brought, the class of offense, and the penalty for the same. Except for good cause shown, an Information shall be filed within 30 calendar days after bind over from county court or the case will be dismissed without prejudice.

   It is the duty of defense counsel to notify the clerk of the district court 10 days prior to any hearing of the need for an interpreter for the defendant or any of its witnesses. If the county attorney needs an interpreter for its witnesses, it shall notify the clerk of the district court within 10 days prior to any hearing. 

   Except as otherwise provided by law or order of the court, all motions shall be in writing and filed within 10 days of oral notification of a party's intent to file the same. In the absence of such oral notification the motion shall be filed within 5 working days of the requested hearing, unless otherwise ordered by the court.

   At the time any such motion is filed, counsel shall obtain a hearing date from the bailiff and provide a written notice of hearing, unless the same is noted in a previous order. A notice of hearing shall be required for each such motion, even if additional motions are scheduled for hearing in the same case. The notice of hearing shall be mailed by regular U.S. mail, postage prepaid, or personally delivered to opposing counsel or a pro se defendant at least 5 working days prior to said hearing.

   Hearings on motions to suppress evidence and matters requiring more than 5 days notice shall be set as designated by the court, and a notice of hearing shall be provided to counsel or a pro se defendant as set forth above.

   In criminal cases, journalizing shall always be the responsibility of the county attorney.

   The court shall be advised of jury cases ready for trial at each criminal pretrial session held by the court. Cases will be prioritized based on speedy trial considerations and whether or not the defendant is incarcerated.

   No criminal case set for trial will be continued unless a written motion for a continuance, supported by sufficient affidavits, is filed by the moving party. If the motion is based upon the want of testimony by an absent witness, the affidavit shall state the substance of the witness' testimony and set forth efforts that have been made to secure such testimony. 

   Court-appointed counsel shall be paid an hourly fee established by the court and kept on file with the clerk. Before court-appointed counsel's claim for payment is allowed, such attorney shall file a written motion for fees, positively verified, itemizing the time and expenses spent on the case. All motions for fees shall be transmitted to and reviewed by the county attorney. The county attorney shall note any objection to the claim and initial the claim and forward it to the court. If the county attorney has no objection, he or she shall initial the claim and forward it to the court. 

I. PURPOSE.

   This rule is to establish a process for the appointment of private attorneys to represent indigent defendants as provided in Neb. Rev. Stat. §§ 29-3901 to 29-3908.

II. APPLICABILITY.

   This rule shall not apply to criminal proceedings in which the court appoints the Public Defender or the Nebraska Commission on Public Advocacy.

III. GENERAL.

   A. Appointments of private attorneys shall be made on an impartial and equitable basis;

   B. The appointments shall be distributed among the attorneys on a rotation system;

   C. Cases shall be assigned to attorneys of sufficient experience, skill, and competence to render effective assistance of counsel to defendants;

   D. Complex cases shall be assigned to attorneys with sufficient levels of experience and competence to provide adequate representation; and

   E. Less experienced attorneys should be assigned cases which are within their capabilities, but should be given the opportunity to expand their experience under supervision.

IV. COURT-APPOINTED ATTORNEY LIST

   A. Each clerk of the district court shall maintain a court-appointed attorney list from which attorneys shall be appointed to represent indigent defendants. The list shall include the name, address, phone number, email, and Nebraska bar number for each attorney who is willing to accept appointments to criminal and civil (paternity/child support) cases in the judicial district.

   B. Attorneys may contact the district court clerk in each county and, by completing and submitting a registration form, request the clerk of the district court place them on the court's court-appointed list. A sample registration form is attached as Appendix B, and additional registration forms are available in each district court clerk's office.

   C. An attorney may be removed from the list by making a written request to the clerk of the district court.

   D. Each clerk of the district court shall make the court-appointed list of attorneys available upon request.

V. METHOD OF SELECTION FROM COURT-APPOINTED LIST

   A. The Court will generally attempt to appoint attorneys from the court-appointed attorney list on a rotational basis, subject to the court's sole discretion to make exceptions due to:

   1. the nature and complexity of the case;

   2. an attorney's experience;

   3. the nature and disposition of the defendant;

   4. a language consideration;

   5. a conflict of interest;

   6. the availability of an attorney, taking into consideration an immediate need to address issues involved in the case; ^[1]

   7. geographical considerations; ^[2] and

   8. other relevant factors that may be involved in a specific case.

   B. If the court, in its sole discretion, varies from the rotation basis, it may appoint any qualified attorney, whether or not the attorney is on the court-appointed attorney list.

VI.  REMOVAL AND REINSTATEMENT FROM APPOINTMENT LIST

   A. Judges will monitor attorney performance on a continuing basis to ensure the competency of attorneys on the list. An attorney may be removed from the appointment list by a majority vote of district court judges.

   B. If an attorney is under consideration for removal from the list, written notification will be given indicating the concerns with his or her performance giving rise to consideration for removal and the attorney will be given the opportunity to respond in writing or in person before a final decision is made.

   C. An attorney who has been removed from the list may be considered for reinstatement by a majority vote of the judges, after the deficiencies contained in the notice have been resolved.

Rule 10-24 approved October 22, 2014.

   [1] The court may appoint an attorney present in court when a defendant appears and wants to speak to an attorney immediately to discuss a resolution of the case. The court may also appoint an attorney who is known to be available on the next regularly scheduled court date.

   [2] The court may appoint an attorney who is in the closest geographical proximity to the court before considering the appointment of another attorney in order to avoid the costs of travel time for attorneys and mileage expenses, for the convenience of the defendant in consulting with a local attorney, and for the convenience of the court in scheduling cases.

   (A) Presiding judge; assignment of judges; and succession plan for problem-solving court judges.

   (1) The District 10 Problem-Solving Court programs shall be presided over by a district judge selected by the district court judges.

   (2) The district judges, with the consent of the assigned judge, shall appoint such district judges as are necessary to perform the judicial duties required by the problem-solving courts in the district.

   (3) The presiding and problem-solving court judges so appointed shall serve in any or all of the divisions of the problem-solving court and may serve under a temporary or permanent assignment. A permanently assigned judge shall serve a term of not less than 3 consecutive years. A temporary judge assignment shall not exceed 1 year and shall be a transitional or interim position.

   (4) Prior to assuming the position of a problem-solving court judge, or as soon thereafter as is practical, the assigned judge shall attend a judicial training program administered by the National Drug Court Institute or other training program approved by the State's Problem-Solving Court Coordinator. At least every 3 years after the initial training, each problem-solving court judge shall attend training events complying with the Nebraska Problem-Solving Court standards.

   (5) On or before May 1, 2017, and every 3 years thereafter, the district judges, with the consent of the assigned judge, shall appoint a successor presiding judge who shall immediately succeed the presiding judge in the event of the presiding judge's death, disability, retirement, resignation, removal, elevation to another court, or failure to be retained. Such successor judge shall attend training in advance of service, pursuant to subsection (4), to allow the successor judge to immediately assume the position of presiding problem-solving court judge upon the occurrence of a vacancy.

   (6) As of the date hereof, the following judges shall preside in the district's problem-solving courts:

   (a) Drug Court:

   (i) Presiding judge(s): Stephen R. Illingworth

   (ii) Successor judge(s): Terri S. Harder

   (b) Veterans Treatment Court:

   (i) Presiding judge(s):                                                                        

   (ii) Successor judge(s):                                                                      

   (c) Young Adult Court:

   (i) Presiding judge(s):                                                                        

   (ii) Successor judge(s):                                                                       

Rule 10-25 approved May 10, 2017.

   A. It shall be presumed that all court proceedings in the County Court of the Tenth Judicial District will be conducted in person. However, in the event the courtroom has the necessary technology, court proceedings may be conducted by telephone, video-conferencing, or similar methods (“remote technology”) as follows:

   1. In its discretion, the Court may permit a court proceeding not involving testimony of witnesses by oral examination to be conducted by remote technology.

   2. By agreement of the parties, for extraordinary circumstances, and with permission of the Court, any court proceeding, except jury trials, may be conducted by remote technology.

   3. In any civil case involving testimony of witnesses by oral examination where the parties disagree regarding the use of remote technology for a court proceeding, the parties shall avail themselves of the procedure set out in Neb. Rev. Stat. § 24-734(5).

   4. If Emergency Modified Court Operations are in effect, the administrative orders recommended by the Emergency Committee for the Tenth Judicial District and issued by this respective court shall govern the use of remote technology for court proceedings.

   B. To schedule a court proceeding that is to be conducted by remote technology, the parties shall contact the clerk magistrate at least 5 days prior to the hearing to receive instructions on how they shall proceed. The notice of hearing shall clearly state in bold print that the hearing will be held by remote technology. The party requesting that the hearing be held remotely shall be responsible for making the arrangements for the hearing and for any expenses.

   C. For court proceedings conducted by remote technology, a party intending to offer exhibits shall provide the exhibits to the court and all opposing parties 48 hours prior to the hearing, or as otherwise provided by law or the local court rules. Exhibits or affidavits that exceed an aggregate total of twenty (20) pages shall be submitted to the Court in hard copy.

   D. This rule is meant to be consistent with Neb. Rev. Stat. §§ 24-303(2), 24-734(3) through (5), and 25-2704(2).

    E. Supreme Court Rules governing courtroom decorum shall apply to court proceedings conducted by remote technology. Specifically, hearings held by video-conference shall be conducted as if they were occurring in Court. Counsel and litigants shall remain muted unless directed otherwise by the Court. Proper attire and behavior are expected. Eating is prohibited during the hearing. Counsel and parties shall not conduct other business during the hearing. Unless using a cell phone for the hearing, it shall be silenced. The only people in the room shall be counsel, their client and potentially a witness. No pets shall be in the room where a videoconference is being conducted. Audio and video recording of the hearing is strictly prohibited.

   F. If the Court determines the quality of the remote hearing is not adequate for a full and fair hearing of the issues, the hearing will be rescheduled to a later date with counsel and the parties appearing in court.

Approved October 26, 2022.

   A. This rule is adopted and shall govern emergency modified court operations for the District Court of the Tenth Judicial District.

   B. These procedures and policies shall apply when it has been determined by the presiding judges that normal court operations are not possible.

   C. Emergency modified court operations shall be implemented by the presiding judges of the District and County Courts in consultation with local stakeholders, which shall include the County Board, local law enforcement officials, local health authorities, probation, and the District Court Clerk and County Court Clerk Magistrate.

   D. Notice of Emergency Modified Court Operations shall be posted at the Courthouses, through local media outlets and on District and County websites, or through any other method determined by the presiding judges.

   E. In the event normal court operations are interrupted, Emergency Modified Court Operations shall be implemented in order to maintain essential functions of the court, including:

   1. Criminal proceedings;

   2. Receipt of filings;

   3. Processing of warrants;

   4. Juvenile intake/ detention filings;

   5. Processing of appeals;

   6. Any proceedings required by law;

   7. Protection orders;

   8. Landlord/tenant proceedings; and

   9. Any other matters determined to be “essential” by the presiding judges.

   F. Depending on the reason for Emergency Modified Court Operations, the presiding judges shall develop procedures in order to carry on essential functions, which may include: use of remote technology, temporary physical relocation of the courts, alternate document filing methods, and access to the courts by the public.

   G. The presiding judges of the Tenth Judicial District shall determine when the courts shall return to normal operating procedures. Notification of the return to normal operating procedures shall be posted by the methods prescribed in section D, above.

Approved April 20, 2022.

   These rules for the district court of the 11th Judicial District shall become effective upon approval by the Supreme Court and publication in the Nebraska Advance Sheets and shall supplement the Uniform District Court Rules of Practice and Procedure adopted by the Supreme Court.

Adopted effective November 3, 1995. 

   There shall be one term of court in each county. The term shall begin on the first work day in January and end on the last work day of December.

Adopted effective November 3, 1995

   All correspondence with the court shall include the name, number and county of the case involved. A copy of all correspondence shall be sent to opposing parties. If the correspondence entails the transmittal of pleadings, orders, judgments, or journal entries, pre-addressed stamped envelopes sufficient for that purpose shall be enclosed.

Adopted effective November 3, 1995.

   A. CASE PROGRESSION STANDARDS: In any case where the court has determined that there is a lack of sufficient prosecution under the case progression guidelines established by the Nebraska Supreme Court, or such shorter period as may be appropriate under the circumstances, the court may enter an order to show cause why the case should not be dismissed, or the court may, after notice and opportunity for a hearing, enter a dismissal of the case. Any order of dismissal may be set aside within the term upon motion, notice, and good cause shown.

   B. AUTOMATIC CASE PROGRESSION: When a civil jury case is first filed with the Clerk of the District Court, it shall be immediately given to the assigned judge. The judge shall issue an order setting out the date for pleadings to be complete not inconsistent with the law, a date for completion of discovery, a date for a pretrial conference, and a proposed trial date. These dates shall be binding upon all parties to the litigation unless one or more of them, by motion and upon good cause being shown, but without hearing, request that the case not be handled in the expedited manner as set out in this rule.

   C. PRETRIAL AND POST-TRIAL MOTIONS:

   (i) Unless otherwise ordered by the court, all pretrial and posttrial motions or similar filings which require a hearing shall be filed at least three days prior to the hearing. The party or counsel so filing shall obtain a date for the hearing at the next available motion day, or sooner if necessary. The party or counsel shall file a notice of hearing with any such pleading or motion which requires a hearing. The notice of hearing may be placed on the pleading or motion itself and, in any event, is to be served on opposing parties with the pleading or motion. Any pleading or motion that is filed without a date for hearing being set or without a notice of hearing having been obtained shall be filed by the clerk and immediately brought to the attention of the Court. The Court may, on its own motion after hearing, overrule the motion or strike the pleading from the file for failure to comply with this rule or set the matter for hearing, upon proper notice, and/or assess sanctions, including attorney fees, against the party in violation of the rule. The use of ordinary mail for notice of hearing shall constitute sufficient compliance with this rule except as may be otherwise required by statute or Supreme Court rule.

   (ii) Any party required to plead or plead further after a ruling on a special appearance, demurrer or motion, shall do so within ten (10) days. If a party chooses to answer, the answer shall be filed within twenty (20) days.

   (iii) All hearings on all motions or pleadings may be heard by telephone conference. The party wishing to set a motion by telephone conference shall arrange the time for the conference and shall initiate the conference call and be responsible for the expense of the call. No oral testimony may be adduced during any telephone conference. All evidence to be adduced during any telephone conference shall be submitted to the court and to opposing counsel no less than 5 days prior to the hearing. Any such telephone proceeding held pursuant to Neb. Rev. Stat. § 24-734 (Reissue 1989) shall not exclude the general public except as provided by law or Supreme Court rule.

   (iv) Motion days shall be set for the various counties by the court. On any motion day, each judge will hear any case regardless of to whom the case is assigned. However, the judge will not hear final contested divorces, contested modification of divorce decrees, sentencings, preliminary criminal motions except arraignments, or any final contested matter unless it is assigned to that particular judge.

   (v) The court shall be available to sign any orders, judgments, journal entries, or to consider any other matter during recess in any trial or at any other time requested by counsel.

   (vi) It shall be the duty of the counsel for the side in whose favor a decision is rendered or order is made to promptly prepare a journal entry or order. The proposed journal entry or order shall be delivered for signature within ten (10) days. Opposing counsel or party shall be mailed a copy of the proposed journal entry or order. If there is an objection to the proposed journal entry or order, it shall be the duty of the objecting party to contact the court and state the objection. The court will then determine whether to sign the journal entry or order or require preparation of a new one. It shall be the duty of the counsel for the party in whose favor a judgment or decree has been entered to immediately notify the Clerk of the District Court of such judgment or decree. No file may be removed from the courthouse until the Clerk has been notified of the judgment or decree. Upon such notification the file may be checked out to counsel to allow preparation of the judgment or decree.

   D. CONTINUANCES: Motions for continuances shall comply with Nebraska Statutes and be set for hearing prior to the original date for trial of the matter sought to be continued. Further, all motions for continuance shall be submitted to opposing counsel prior to any hearing. Opposing counsel shall indicate on the motion that there is no objection to the motion, that the opposing counsel objects to the motion but agrees to submit the motion without argument, or objects to the motion. If opposing counsel objects to the motion it shall be set for hearing as any other motion. If there is no objection or if opposing counsel agrees to submit the motion without argument, the court will review the motion without further hearing. The decision to grant or deny a motion for continuance rests finally with the court.

   E. DISCOVERY: No motion concerning discovery will be heard by the court unless the moving party certifies that opposing counsel has been contracted and a good faith effort has been made to resolve any dispute in regard to discovery. The certification shall include copies of any correspondence between counsel in regard to the discovery dispute.  Depositions, interrogatories, and requests for production, and answers thereto, shall not be filed with any motion to compel discovery; instead, the necessary documents to establish the right to compel discovery shall be delivered to the court reporter at the hearing for marking as exhibits.

   F. MOTIONS FOR SUMMARY JUDGMENT: Counsel for each party shall submit a brief in support of or in opposition to the motion for summary judgment. The briefs shall contain a reference to the evidence submitted specifically noting the discovery response or portion of the depositions by line and page that is relied upon by that party in regard to whether or not there are material issues of fact to be decided by the trier of fact.

Adopted effective November 3, 1995; Rule 11-3C(iii) and 11-3D amended effective January 16, 2002; Rule 11-3E and 11-3F adopted effective January 16, 2002; Rule 11-3E approved April 25, 2012.

   A. CONTESTED CUSTODY:

   (i) Notice to court. Whenever counsel determines that custody of minor children will genuinely be contested, the court shall be informed in order that appointment of a guardian ad litem may be considered. If a guardian ad litem is appointed, the guardian's report shall be filed with the court and copies given to counsel no later than ten (10) days before trial and, with the approval of the court, be updated at the time of trial.

   (ii) Temporary custody requests. All requests for temporary custody, except for ex parte requests in cases with an emergency or exigent circumstances, shall be set for a hearing with not less than three (3) days' notice to the opposing party. Evidence in support of or in opposition to any temporary custody request shall be submitted by affidavit, which shall be exchanged at the hearing.

   (iii) Affidavits submitted on temporary custody requests shall be limited to no more than ten (10) per side and will further be limited to a total of no more than 50 pages. Tax returns and related financial records with Social Security numbers redacted will not be counted as pages. All affidavits shall be typed or printed. Affidavits submitted in cursive will not be considered.

   (iv) In cases involving minor children, parents who have not filed a permanent stipulation or parenting plan resolving all issues of custody and visitation must have scheduled or completed Parenting Education Classes no later than 60 days after the filing of the complaint.

   (v) Mediation must be scheduled or a hearing on a qualified request for a waiver of mediation must be scheduled no later than 120 days after the filing of the complaint. Failure of any party to schedule or attend mediation will result in sanctions which may include being prohibited at trial from presenting any evidence on the issues of custody or parenting time.

   B. IV D CASES: The county attorney shall be notified of any temporary hearings, final hearings, modifications or actions to release a child support lien which involve parties who are receiving assistance from the Department of Health and Human Services or the State of Nebraska, have filed assignments to the Department of Health and Human Services or the State of Nebraska, or who have an obligation to the Department of Health and Human Services or the State of Nebraska.

   C. DECREES: All decrees of dissolution, separation, or property settlements referred to in decrees shall contain both parties' social security numbers and the social security numbers of the affected children. The vehicle identification numbers of all vehicles affected by the decree and the legal description of all real estate affected by the decree shall also be included.

   D. PROPERTY STATEMENT: Both parties shall submit a combined exhibit listing all of the assets and liabilities of the marriage on a form prescribed by the court, a copy of which is attached to these rules. A different form than the one adopted as part of these rules may be used if the same information is supplied.

   The applicable provisions of rule 11-5(C) relating to pretrial orders shall apply to domestic relations cases. In addition, however, the petitioner shall first prepare the exhibit by placing the petitioner's values on the property statement. The exhibit shall then be submitted to the respondent who shall place values on the exhibit and return it to the petitioner. The petitioner shall submit the exhibit to the respondent no less than thirty (30) days prior to trial and the respondent shall return it to the petitioner no less than twenty (20) days prior to trial. The joint property exhibit, signed by counsel and the parties, shall be filed with the clerk of the district court no less than ten (10) days before trial. A copy of the exhibit shall also be sent to the judge no less than ten (10) days before trial. The court shall prepare a pretrial order which shall include the joint property exhibit. The pretrial order shall be binding on the parties.

   The parties shall also prepare and submit to the court no less than ten days prior to trial separate child support guidelines calculations including all supporting documents required by the guidelines. The calculation shall also include any proposed deviations from the guidelines and the reasons for the deviations.

   E. PROTECTION ORDERS: All applications for protection orders pursuant to Neb. Rev. Stat. § 42-901 et seq. (Reissue 1993) shall be on the form prescribed by the court. No protection orders shall be set aside unless the applicant appears in person and states affirmatively, on the record, that the protection order should be set aside. A copy of this rule shall be supplied to all applicants for and respondents to protection orders by the Clerk of the District Court.

   F.  CONTESTED CUSTODY CASES; COMPLIANCE WITH PARENTING ACT.

   1. No contested case which involves custody of, or parenting time or visitation with, any minor child or children may be set for final hearing by any attorney or self-represented party unless the following documents have been filed with the Clerk of the District Court:

   (a) Attorney Certificates of Providing Parenting Act Information signed by each attorney who has entered an appearance in the case or, for self-represented individuals, a verified and sworn statement from each parent that each has received and read the Nebraska Parenting Act Information brochure.

   (b) A completed Financial Affidavit for Child Support signed by each party.

   (c) Certificates of Completion of an approved Basic Level Parenting Education Course signed by each parent.

   (d) An affidavit signed by a qualified mediator or specialized Alternative Dispute Resolution Facilitator approved by the Nebraska Office of Dispute Resolution setting forth facts to show both parties met for at least one session lasting 2 hours or more in a good faith attempt to settle the issues relating to custody, parenting time, or visitation.

   2. Any of the foregoing requirements may be waived by the court upon a showing of good cause and compliance with applicable rules and statutes.

   3. All such documents shall be the same as, or substantially similar to, the forms relating to divorce and parenting found on the Nebraska Judicial Branch Web site, http://www.supremecourt.ne.gov/district/d7/selfhelpforms.shtml?sub1.

   4. If a party fails or refuses to comply with any part of this rule, the opposing party may file a motion to compel, for sanctions, or for other relief which will be scheduled for hearing by the court.

Approved effective November 3, 1995; amended effective May 22, 1998; Rule 11-4A-D amended effective January 16, 2002; Rule 11-4(A)(i)and(ii) amended effective September 9, 2009; Rule 11-4F approved June 3, 2010; Rule 11-4A(iii) - (v) approved April 25, 2012. 

   A. TERMS: Civil and criminal jury terms shall be set in Dawson and Lincoln Counties each year by the judges of the district. A schedule of such terms shall be distributed to the bar in the district and to all other attorneys who request such a schedule. Jury trials in the other counties of the district shall be set by the court for each particular case.

   B. PRELIMINARY CONFERENCES: Preliminary conferences shall be held after a case is at issue. Preliminary conferences may be held by telephone conference. If the Court has determined that the expedited procedures set forth in rule 11-3(B) shall not apply, a preliminary conference may be scheduled by either party or the court on its own motion. At the preliminary conference, counsel shall be prepared to:

   (i) Complete the pleadings;

   (ii) Set a schedule for completion of discovery;

   (iii) Arrange for physical examination of any party involved in an action for personal injury;

   (iv) Set a time for trial;

   (v) Set a time for pretrial conference;

   (vi) If counsel and parties are willing to do so, waive a jury trial or stipulate to a six person jury if possible.

   C. PRETRIAL CONFERENCES: Pretrial conferences shall be scheduled as near as practicable to the time set for trial of the action. At the pretrial conferences, trial counsel shall be present and shall be prepared to:

   (i) Finalize the issues in the case;

   (ii) Stipulate to all uncontested matters, including liability, medical expenses, property damage, other losses, and the fairness and reasonableness of any estimate or actual loss or damage;

   (iii) File a witness list with the name and address of all witnesses to be called in the case in chief;

   (iv) Mark all exhibits to be offered at trial;

   (v) If there are no objections, to waive foundation or stipulate to the admission of exhibits;

   (vi) Estimate the length of trial;

   (vii) Estimate the length of voir dire;

   (viii) Submit preliminary proposed jury instructions and trial briefs;

   (ix) Discuss with the court all efforts made to settle the case and have available the parties or their representatives in order to continue negotiations for settlement of the case.

   Unless otherwise ordered, the court shall prepare a final pretrial order based on the agreements at the pretrial conference which shall be binding on the parties.

   D. INSTRUCTIONS: All proposed instructions shall be filed prior to the conference on instructions. Counsel shall be prepared to conduct the conference on instructions immediately following the final rest entered in the case. Counsel shall be prepared to argue the case immediately following the conference on instructions.

   E. AVAILABILITY OF COUNSEL: Counsel shall be available on short notice, either personally or by phone, as ordered by the court, during jury deliberations in the event the jury has a question or verdict is reached. The clerk or bailiff shall be notified of counsel's location unless counsel is excused.

   F. ABSENCE OF COUNSEL: In civil cases, it is not necessary that any party or counsel be present when the verdict is read. Counsel and the defendant shall both be present when a verdict is returned in a criminal case.

   G. FAILURE TO COMPLY: Failure to comply with the rules of this court, without good cause having been shown, shall subject the party or counsel to sanctions, and a dismissal or judgment may be entered against a non-complying party or a non-complying counsel for that party.

Adopted effective November 3, 1995.

   All applications for attorney's fees for appointed counsel shall be in writing listing time and expenses involved. Fees for representation in District Court shall be seventy-five dollars ($75.00) per hour except in exceptional cases when a higher fee may be set by the court upon request of counsel. The court will review and adjust the rate on a yearly basis commencing January 2003.

Adopted effective November 3, 1995; amended effective January 16, 2002.

Exhibits may be released under the following conditions:

    (i) Upon motion of an introducing party or counsel, to such party or counsel if a motion is made to substitute a copy and the motion is granted;

    (ii) Upon motion of an introducing party or counsel, after trial if the appeal time has run and the motion has been granted;

    (iii) Upon motion, when a photograph has been substituted for a large or cumbersome exhibit and the motion is granted;

    (iv) Any exhibit may be disposed of or substituted for according to the applicable records retention and disposition schedule of the State Records Administrator. Exhibits shall first be returned to party or counsel if they can be determined. Thirty (30) days notice will be given prior to the disposal of any exhibit. If the exhibit is not claimed it may be destroyed. The disposition of exhibits shall further be controlled by Neb. Rev. Stat. §§ 24-1004 (Reissue 1989) and 84-1201 to 84-1220 (Reissue 1994).

Adopted effective November 3, 1995. 

   All defendants in criminal cases shall be searched by the sheriff or sheriff's deputies prior to entering the courtroom. All such searches shall be conducted in private and as unobtrusively as possible. The sheriff or deputies shall be present during all criminal proceedings and at such other times as requested by the court.

Adopted effective November 3, 1995. 

   Court files, transcripts, and bills of exception may be checked out by attorney, their staffs, abstracters or any other person with the permission of the court for not more than ten days. No file shall be checked out without notifying the Clerk of the District Court or a deputy clerk.

Adopted effective November 3, 1995. 

   Any applicant for work release shall, in the application, waive confidentiality and give permission to the sheriff to review the presentence investigation of the defendant.

   Any defendant granted work release shall only attend work and proceed to and from work by the most direct route. Work release shall be terminated if the defendant goes to any other place, including home, shops, or friends houses, other than a place to obtain a meal during the course of employment. At no time shall any defendant enter a place where alcohol is served as the main business. This rule may not be waived except by direct order of the court.

Adopted effective November 3, 1995. 

   In the discretion of the Judge presiding, courtroom proceedings may be broadcast, both by audio and video, and may be televised, recorded, or photographed (hereafter collectively referred to as "broadcast") under the following conditions:

   1. Cameras and sound equipment of a quality and type approved by the Judge presiding in the case will be fixed in place in the courtroom with field of view of the camera and field of range of microphones being approved by the Judge presiding over the proceedings.  Other than the cameras identified herein, no other camera will be permitted in the courtroom, including a still camera.  The images produced by the camera in the courtroom should be of such a nature that still images may be retrieved.

   2. The audio broadcast shall include only the statements made in open court and shall not include communications between counsel, between counsel and their clients, or bench conferences between counsel and the court.

   3. Images of, or statements from, jurors will not be broadcast.

   4. Jury selection will not be broadcast.

   5. The following cases will not be broadcast: matters involving grand juries, juveniles (persons under 19 years old), child custody, parenting time, sexual abuse, sexual assault, and protection orders.

   6. The testimony of certain witnesses may not be broadcast.  Those witnesses are as follows: persons under age 19, a person who claims to be a victim of sexual abuse or sexual assault who will be called upon to testify about the abuse or assault, or a confidential informant whose testimony is about the matter upon which the person informed.  Any witness may make a request to prevent that person's testimony from being broadcast by making application to the Judge presiding over the proceeding indicating the reason the witness does not want his or her testimony broadcast.

   7. Upon application of any party or counsel, the court may determine to not broadcast courtroom proceedings or terminate the broadcast of courtroom proceedings.

   8. Upon application at least 14 days in advance of a scheduled hearing that may be broadcast, the court may permit other types of broadcast or recording equipment in the courtroom.

   The images and sound produced from the courtroom will be available to any broadcast media licensed by the Federal Communications Commission and any print media published in the State of Nebraska on a pool basis.

   The overriding principle shall be the guarantee of a fair trial to the litigants.  Criteria may change from time to time based on factors which the court has not yet considered, and the circumstances of individual cases.

/signed/ John P. Murphy, District Judge          /signed/ Donald E. Rowlands, District Judge

Approved June 29, 2009.

   A pro se party needing an interpreter or counsel for a party needing an interpreter shall notify the Clerk of the District Court of the need for an interpreter no less than 10 days prior to any hearing at which a non-English-speaking party or witness is to testify. Such notice shall specify whether an interpreter is needed for one of the parties and/or one or more witnesses. It is not permissible for the parties to use a friend or relative as an interpreter. The cost for an interpreter is not assessed to the parties.

Rule 11-12 approved April 25, 2012.

   A. Professional attire is required in the courtroom. Professional attire means professional business dress. For women, professional attire includes pantsuits and dresses, skirts, and dress slacks. For men, professional attire includes suits and collared shirts, ties, and dress slacks all worn with jackets. Dress shoes are required.

   B. Absent court permission, no person shall use a recording device, photo-imaging device, or cellular telephone for any purpose, including the taking of pictures in the courtroom.

   C. Upon order of the court, any person may be subjected to search of his or her person for possession of recording devices, photo-imaging devices, cellular telephones, or weapons.

   D. Litigants, witnesses, counsel, and spectators shall not mingle or converse with jurors.

Rule 11-13 approved April 25, 2012.

   In addition to the requirements of the Uniform District Court Rules, counsel may be permitted to withdraw from a matter upon filing a motion which:

   A. Recites a reason for withdrawal and the motion to withdrawal has been served upon the client and all parties of the record;

   B. Provides the client’s last known mailing address; and

   C. Recites whether any hearing is currently scheduled in the case.

Rule 11-14 approved April 25, 2012.

I. PURPOSE.  This rule is to establish a process for the appointment of private attorneys to represent indigent defendants as provided in Neb. Rev. Stat. §§ 29-3901 to 29-3908.

II. APPLICABILITY.  This rule shall not apply to criminal proceedings in which the court appoints the Public Defender or the Nebraska Commission on Public Advocacy.

III. GENERAL

   A. Appointments of private attorneys shall be made on an impartial and equitable basis;

   B. The appointments shall be distributed among the attorneys on a rotation system;

   C. Cases shall be assigned to attorneys of sufficient experience, skill, and competence to render effective assistance of counsel to defendants;

   D. Complex cases shall be assigned to attorneys with sufficient levels of experience and competence to provide adequate representation; and

   E. Less experienced attorneys shall be assigned cases which are within their capabilities, but should be given the opportunity to expand their experience under supervision.

IV. COURT-APPOINTED ATTORNEY LIST

   A. Each County Court shall maintain a court-appointed attorney list (which shall consist of three categories: misdemeanors; Class III, IIIA, and IV felonies; and Class I and II felonies from which attorneys shall be appointed to represent indigent defendants in that county. The list shall include the name, address, phone number, email, and Nebraska bar number for each attorney who will accept appointments to criminal cases in that county.

   B. Attorneys shall contact the County Court of each county in which they wish to be considered for court appointments and request to be placed on the court-appointed list. Attorneys shall also contact the County Court when they no longer wish to receive court appointments. Appendix 1, which is attached, shall be utilized when requesting to be placed on the court-appointed attorney list.

   C. The County Court shall make the court-appointed list of attorneys available upon request.

V. METHOD OF SELECTION FROM COURT-APPOINTED LISTS

   A. The Court will generally attempt to appoint attorneys from the court-appointed attorney list on a rotational basis, subject to the court's sole discretion to make exceptions due to:

   1. the nature and complexity of the case;

   2. an attorney’s experience;

   3. the nature and disposition of the defendant;

   4. a language consideration;

   5. a conflict of interest;

   6. the availability of an attorney, taking into consideration an immediate need to address issues involved in the case; ^[1]

   7. geographical considerations; ^[2] and

   8. other relevant factors.

   B. If the court in its sole discretion varies from the rotation basis, it may appoint any qualified attorney, whether or not the attorney is on the court-appointed attorney list.

VI. REMOVAL AND REINSTATEMENT FROM APPOINTMENT LISTS

   A. Judges will monitor attorney performance on a continuing basis to ensure the competency of attorneys on the lists. An attorney may be removed from the appointment lists by a majority vote of county and district court judges.

   B. If an attorney is under consideration for removal from the lists, a written notification will be given to the attorney, indicating the concerns with the performance giving rise to consideration for removal, and the attorney will be given the opportunity to respond in writing or in person before a final decision is made.

   C. An attorney who has been removed from the lists may be considered for reinstatement by a majority vote of the judges, after the deficiencies contained in the notice have been resolved.

Rule 11-15 approved January 14, 2015.

   A. Rules for operation of problem-solving courts in the 11th Judicial District.

   (1) All problem-solving courts, also denominated as specialty courts, and alternative disposition courts, shall be operated pursuant to and in compliance with chapter 6, article 12, of the Nebraska Supreme Court Rules regarding trial courts.

   (2) Before commencing any operations, all problem-solving courts to be operated in the 11th Judicial District shall be approved by the Nebraska Supreme Court.

   B. Presiding judge; assignment of judges; and succession plan for problem-solving court judges.

   (1) The 11th Judicial District's Problem-Solving Court programs shall be presided over by a district judge selected by the district court judges or in the case of Family Dependency Courts, a county judge sitting as a juvenile court judge.

   (2) The district judges, with the consent of the assigned judge, shall appoint such duty judges as are necessary to perform the judicial duties required by the Drug Courts, Young Adult Drug Courts, Reentry Courts, Veterans Treatment Courts, and Mental Health Courts in the district. The county judges, with the consent of the assigned judge, shall appoint such duty judges as are necessary to perform the judicial duties required by the Family Dependency Courts in the district.

   (3) The presiding and problem-solving court duty judges so appointed shall serve in any or all of the divisions of the problem-solving court and may serve under a temporary or permanent assignment. A permanently assigned judge shall serve a term of not less than 3 consecutive years. A temporary judge assignment shall not exceed 1 year and shall be a transitional or interim position.

   (4) Prior to assuming the position of a problem-solving court judge, or as soon thereafter as is practical, the assigned judge shall attend a judicial training program administered by the National Drug Court Institute or other  training program approved by the State's Problem-Solving Court Coordinator. At least every 3 years after the initial training, each problem-solving court judge shall attend training events complying with the Nebraska Problem-Solving Court standards.

   (5) On or before May 1, 2017, and every 3 years thereafter, the appropriate judges, with the consent of the assigned judge, shall appoint a successor duty judge who shall immediately succeed the presiding judge in the event of the presiding judge's death, disability, retirement, resignation, removal, elevation to another court, or failure to be retained. Such successor judge shall attend training in advance of service, pursuant to subsection (4), to allow the successor judge to immediately assume the position of presiding problem-solving court judge upon the occurrence of a vacancy.

   (6) As of the date hereof, the following judges shall preside in the district's problem-solving courts:

   (a) Adult Drug and Young Adult Drug Court

   (i) Presiding and duty judge(s): James E. Doyle IV, District Judge

   (ii) Successor duty judge(s): Dawson County--Jeffrey M. Wightman, County Judge; and Lincoln County--Michael E. Piccolo, County Judge

   (b) Veterans Treatment Courts: none in operation

   (c) Reentry Courts: none in operation

   (d) Mental Health Courts: none in operation

   (e) Family Dependency Courts: none in operation

Rule 11-16 approved May 10, 2017.

I. PURPOSE.  This rule is to establish a process for the appointment of private attorneys to represent indigent defendants as provided in Neb. Rev. Stat. §§ 29-3901 to 29-3908.

II. APPLICABILITY.  This rule shall not apply to criminal proceedings in which the court appoints the Public Defender or the Nebraska Commission on Public Advocacy.

III. GENERAL

   A. Appointments of private attorneys shall be made on an impartial and equitable basis;

   B. The appointments shall be distributed among the attorneys on a rotation system;

   C. Cases shall be assigned to attorneys of sufficient experience, skill, and competence to render effective assistance of counsel to defendants;

   D. Complex cases shall be assigned to attorneys with sufficient levels of experience and competence to provide adequate representation; and

   E. Less experienced attorneys shall be assigned cases which are within their capabilities, but should be given the opportunity to expand their experience under supervision.

IV. COURT-APPOINTED ATTORNEY LIST

   A. Each County Court shall maintain a court-appointed attorney list (which shall consist of three categories: misdemeanors; Class III, IIIA, and IV felonies; and Class I and II felonies from which attorneys shall be appointed to represent indigent defendants in that county. The list shall include the name, address, phone number, email, and Nebraska bar number for each attorney who will accept appointments to criminal cases in that county.

   B. Attorneys shall contact the County Court of each county in which they wish to be considered for court appointments and request to be placed on the court-appointed list. Attorneys shall also contact the County Court when they no longer wish to receive court appointments. Appendix 1, which is attached, shall be utilized when requesting to be placed on the court-appointed attorney list.

   C. The County Court shall make the court-appointed list of attorneys available upon request.

V. METHOD OF SELECTION FROM COURT-APPOINTED LISTS

   A. The Court will generally attempt to appoint attorneys from the court-appointed attorney list on a rotational basis, subject to the court's sole discretion to make exceptions due to:

   1. the nature and complexity of the case;

   2. an attorney’s experience;

   3. the nature and disposition of the defendant;

   4. a language consideration;

   5. a conflict of interest;

   6. the availability of an attorney, taking into consideration an immediate need to address issues involved in the case; ^[1]

   7. geographical considerations; ^[2] and

   8. other relevant factors.

   B. If the court in its sole discretion varies from the rotation basis, it may appoint any qualified attorney, whether or not the attorney is on the court-appointed attorney list.

VI. REMOVAL AND REINSTATEMENT FROM APPOINTMENT LISTS

   A. Judges will monitor attorney performance on a continuing basis to ensure the competency of attorneys on the lists. An attorney may be removed from the appointment lists by a majority vote of county and district court judges.

   B. If an attorney is under consideration for removal from the lists, a written notification will be given to the attorney, indicating the concerns with the performance giving rise to consideration for removal, and the attorney will be given the opportunity to respond in writing or in person before a final decision is made.

   C. An attorney who has been removed from the lists may be considered for reinstatement by a majority vote of the judges, after the deficiencies contained in the notice have been resolved.

Rule 11-15 approved January 14, 2015.

   Modified Court Operations are court operations for both District and County Courts during any time the Courts determine Modified Court Operations are necessary to preserve the health or protect the safety of any person. Modified Court Operations shall be governed by the following rules:

   1. IMPLEMENTATION. Modified Court Operations shall go into effect upon the promulgation of a Directed Health Measure,¹ mandates by Federal, State, or Local Government, or upon the majority vote of the current District and County Judges of the 11th Judicial District whenever it is deemed necessary for the health, protection, and safety of any persons. Modified Court Operations shall cease and normal court operations shall resume upon the majority vote of the current District and County Judges of the 11th Judicial District.

   2. STAKEHOLDERS. Stakeholders identified to be involved in the implementation and planning of Modified Court Operations may include the following: County Board, Local Law Enforcement, County Attorney’s Office, Public Defender’s Office, Eleventh Judicial Bar Association, Local Public Health Department, Probation, County and District Clerks, Clerk Magistrates, Emergency Management, District and County Court Staff.

   3. POINT PERSON. The Presiding District Court Judge and Presiding County Court Judge shall be responsible for coordinating and facilitating all communication regarding implementation of the Modified Court Operations with the Stakeholders and providing Notices.

   4. NOTICES. Notice of change of such operations shall be made available to the public by posting at each Courthouse, email to local bar association, available media outlets, web sites, State social media outlets, and other means determined by the Presiding Judges as most likely to reach the general public and court users.  Any order issued to implement or enforce the Modified Court Operations shall be filed in the offices of the county and district courts affected by the modified operations and shall be entered on the journal of the courts.

   5. ESSENTIAL FUNCTIONS. During all times of Modified Court Operations, the Court shall modify operating procedures to address safety concerns of persons who work in or utilize the Courts while ensuring that all essential functions of the Court continue. Essential Functions include, but are not limited to: custodial criminal proceedings, protection orders, receipt of mail and filings, criminal warrants (excluding time payment warrants), juvenile custodial cases, receipt of financial payments, processing of appeals, habeas corpus proceedings, extradition proceedings, ex-parte custody orders and emergency placement orders, landlord/tenant cases, probate and adoption cases, probable cause affidavits, civil and criminal jury trials, search warrants, injunctions, mental health board proceedings, competency hearings.

   6. During periods of Modified Court Operations, only hearings the judge deems to be emergency in nature shall be conducted in person. All other cases shall be continued or heard remotely.

   ¹ A directed health measure is any measure, promulgated by any public health district or the Department of Health and Human Services, whether prophylactic or remedial, intended and directed to prevent or limit the spread of communicable disease or prevent or limit public exposure to or spread of biological, chemical, radiological, or nuclear agents.

Approved April 13, 2022.

  Modified Court Operations are court operations for both District and County Courts during any time the Courts determine Modified Court Operations are necessary to preserve the health or protect the safety of any person. Modified Court Operations shall be governed by the following rules:

   1. IMPLEMENTATION. Modified Court Operations shall go into effect upon the promulgation of a Directed Health Measure,¹ mandates by Federal, State, or Local Government, or upon the majority vote of the current District and County Judges of the 11th Judicial District whenever it is deemed necessary for the health, protection, and safety of any persons. Modified Court Operations shall cease and normal court operations shall resume upon the majority vote of the current District and County Judges of the 11th Judicial District.

   2. STAKEHOLDERS. Stakeholders identified to be involved in the implementation and planning of Modified Court Operations may include the following: County Board, Local Law Enforcement, County Attorney’s Office, Public Defender’s Office, Eleventh Judicial Bar Association, Local Public Health Department, Probation, County and District Clerks, Clerk Magistrates, Emergency Management, District and County Court Staff.

   3. POINT PERSON. The Presiding District Court Judge and Presiding County Court Judge shall be responsible for coordinating and facilitating all communication regarding implementation of the Modified Court Operations with the Stakeholders and providing Notices.

   4. NOTICES. Notice of change of such operations shall be made available to the public by posting at each Courthouse, email to local bar association, available media outlets, web sites, State social media outlets, and other means determined by the Presiding Judges as most likely to reach the general public and court users. Any order issued to implement or enforce the Modified Court Operations shall be filed in the offices of the county and district courts affected by the modified operations and shall be entered on the journal of the courts.

   5. ESSENTIAL FUNCTIONS. During all times of Modified Court Operations, the Court shall modify operating procedures to address safety concerns of persons who work in or utilize the Courts while ensuring that all essential functions of the Court continue. Essential Functions include, but are not limited to: custodial criminal proceedings, protection orders, receipt of mail and filings, criminal warrants (excluding time payment warrants), juvenile custodial cases, receipt of financial payments, processing of appeals, habeas corpus proceedings, extradition proceedings, ex-parte custody orders and emergency placement orders, landlord/tenant cases, probate and adoption cases, probable cause affidavits, civil and criminal jury trials, search warrants, injunctions, mental health board proceedings, competency hearings.

   6. During periods of Modified Court Operations, only hearings the judge deems to be emergency in nature shall be conducted in person. All other cases shall be continued or heard remotely.

   ¹ A directed health measure is any measure, promulgated by any public health district or the Department of Health and Human Services, whether prophylactic or remedial, intended and directed to prevent or limit the spread of communicable disease or prevent or limit public exposure to or spread of biological, chemical, radiological, or nuclear agents.

Approved March 22, 2023.

   These remote hearing rules apply to both the District and County Courts. Remote hearings shall be governed by the following rules:

   A. Use of Remote Hearings in the Eleventh Judicial District shall be available as described in Neb. Rev. Stat. § 24-734.

   1. The Judge, in his or her discretion, may order any case under § 24-734, not involving oral testimony, to be conducted by telephone, videoconferencing, or other similar method. § 24-734(3).

   2. The Judge may permit a witness to be examined by oral testimony to appear by telephone, videoconferencing, or other similar method in a criminal case with the consent of the parties. § 24-734(4).

   3. The Judge, for good cause shown, shall permit any witness to be examined by oral examination to appear by telephone, videoconferencing, or similar method, unless there is an objection sustained after considering the factors set forth in § 24-734(5).

   4. Costs for such remote hearings, if any, shall be assessed as set forth in § 24-734.

   B. Rules for Video/Phone Hearings:

   1. SCHEDULING: The remote hearing must be scheduled, set up, and initiated by the moving party as coordinated with the Court at least 5 days in advance of the hearing, excluding emergency hearings.

   2. EXHIBITS: All exhibits to be offered at remote hearings must be provided to the Court and all other parties at least five (5) days in advance of the hearing. Any electronic evidence must be offered in a form that can be viewed by the Court AND preserved with the Court for purposes of appeal. You should check with Court staff to verify that your electronic evidence is on a form that can be viewed and preserved in advance of your hearing.

   3. ATTIRE: The same attire required for attorneys in the courtrooms shall be required for remote hearings. Non-attorneys shall be attired in appropriate clothing, Clothing with profane or inappropriate language, symbols or graphics, or the lack of proper clothing will result in your removal and loss of the privilege to appear remotely.

   4. BACKGROUNDS: All participants shall be located in a quiet indoor area with an appropriate background environment. No virtual backgrounds shall be allowed.

   5. CONDUCT: All participants shall conduct themselves in a quiet and orderly manner. No person shall smoke, eat, drink, watch television, listen to music, use cell phones or other electronics, or engage in distracting or inappropriate conduct while in a video/telephonic conference.

   6. BE ON TIME/PREPARED: All attorneys and litigants shall be present and prepared to proceed at the time scheduled by the Court and shall be immediately in front of their video/telephonic device to allow others in the hearing to see/hear them clearly.

   7. NAME: Name yourself with your legal name on any sign in information.

   8. BE PATIENT: Participants may be placed in a waiting room prior to joining the hearing. The host will admit participants as soon as possible from the waiting room.

   9. BE STATIONARY: All participants shall be seated during the hearing. If you need to move to an area with better reception, do so prior to the hearing. It is not acceptable to be walking, moving, driving, or riding in a vehicle during a video/telephonic hearing.

   10. MUTE YOURSELF IMMEDIATELY: Upon entering the virtual courtroom, immediately mute yourself by clicking the microphone button (a diagonal line through a microphone icon should appear to show that you have been muted).

   11. DO NOT SPEAK UNTIL CALLED UPON: The judge will let you know when you may unmute your microphone and speak. You may also use the chat feature to communicate with the host or judge about an issue with the hearing (example--“I have trouble getting my audio to work”).

   12. CAMERAS TO REMAIN ON: Cameras are to remain on for all parties during video hearings.

   13. CONNECTION ISSUES: If an attorney or litigant has an issue (for example, they cannot hear what is being said), they should immediately bring the matter to the Judge’s attention. Members of the public participating in the hearing may not request or obtain assistance from any individual participating in the hearing.

   14. PUBLIC ACCESS. The public shall have access to all remote hearings either by live video feed in the courtroom or by requesting a link to the remote hearing. Non-parties wishing to access any video/telephonic hearing remotely may do so by written request with the Court on the attached form and compliance with these rules.

   C. IT IS ORDERED THAT RECORDING OF REMOTE HEARINGS IS STRICTLY PROHIBITED. All participants (with the exception of credentialed media subject to media rules) are prohibited from recording, capturing, saving, broadcasting, televising, or photographing the proceeding in any manner. FAILURE TO ABIDE BY THIS ORDER MAY RESULT IN CONTEMPT OF COURT PROCEEDINGS.

Approved February 8, 2023.

   These remote hearing rules apply to both the District and County Courts. Remote hearings shall be governed by the following rules:

   A. Use of Remote Hearings in the Eleventh Judicial District shall be available as described in Neb. Rev. Stat. § 24-734.

   1. The Judge, in his or her discretion, may order any case under § 24-734, not involving oral testimony, to be conducted by telephone, videoconferencing, or other similar method. § 24-734(3).

   2. The Judge may permit a witness to be examined by oral testimony to appear by telephone, videoconferencing, or other similar method in a criminal case with the consent of the parties. § 24-734(4).

   3. The Judge, for good cause shown, shall permit any witness to be examined by oral examination to appear by telephone, videoconferencing, or similar method, unless there is an objection sustained after considering the factors set forth in § 24-734(5).

   4. Costs for such remote hearings, if any, shall be assessed as set forth in § 24-734.

   B. Rules for Video/Phone Hearings:

   1. SCHEDULING: The remote hearing must be scheduled, set up, and initiated by the moving party as coordinated with the Court at least 5 days in advance of the hearing, excluding emergency hearings.

   2. EXHIBITS: All exhibits to be offered at remote hearings must be provided to the Court and all other parties at least five (5) days in advance of the hearing. Any electronic evidence must be offered in a form that can be viewed by the Court AND preserved with the Court for purposes of appeal. You should check with Court staff to verify that your electronic evidence is on a form that can be viewed and preserved in advance of your hearing.

   3. ATTIRE: The same attire required for attorneys in the courtrooms shall be required for remote hearings. Non-attorneys shall be attired in appropriate clothing, Clothing with profane or inappropriate language, symbols or graphics, or the lack of proper clothing will result in your removal and loss of the privilege to appear remotely.

   4. BACKGROUNDS: All participants shall be located in a quiet indoor area with an appropriate background environment. No virtual backgrounds shall be allowed.

   5. CONDUCT: All participants shall conduct themselves in a quiet and orderly manner. No person shall smoke, eat, drink, watch television, listen to music, use cell phones or other electronics, or engage in distracting or inappropriate conduct while in a video/telephonic conference.

   6. BE ON TIME/PREPARED: All attorneys and litigants shall be present and prepared to proceed at the time scheduled by the Court and shall be immediately in front of their video/telephonic device to allow others in the hearing to see/hear them clearly.

   7. NAME: Name yourself with your legal name on any sign in information.

   8. BE PATIENT: Participants may be placed in a waiting room prior to joining the hearing. The host will admit participants as soon as possible from the waiting room.

   9. BE STATIONARY: All participants shall be seated during the hearing. If you need to move to an area with better reception, do so prior to the hearing. It is not acceptable to be walking, moving, driving, or riding in a vehicle during a video/telephonic hearing.

   10. MUTE YOURSELF IMMEDIATELY: Upon entering the virtual courtroom, immediately mute yourself by clicking the microphone button (a diagonal line through a microphone icon should appear to show that you have been muted).

   11. DO NOT SPEAK UNTIL CALLED UPON: The judge will let you know when you may unmute your microphone and speak. You may also use the chat feature to communicate with the host or judge about an issue with the hearing (example--“I have trouble getting my audio to work”).

   12. CAMERAS TO REMAIN ON: Cameras are to remain on for all parties during video hearings.

   13. CONNECTION ISSUES: If an attorney or litigant has an issue (for example, they cannot hear what is being said), they should immediately bring the matter to the Judge’s attention. Members of the public participating in the hearing may not request or obtain assistance from any individual participating in the hearing.

   14. PUBLIC ACCESS. The public shall have access to all remote hearings either by live video feed in the courtroom or by requesting a link to the remote hearing. Non-parties wishing to access any video/telephonic hearing remotely may do so by written request with the Court on the attached form (Appendix 2) and compliance with these rules.

   C. IT IS ORDERED THAT RECORDING OF REMOTE HEARINGS IS STRICTLY PROHIBITED. All participants (with the exception of credentialed media subject to media rules) are prohibited from recording, capturing, saving, broadcasting, televising, or photographing the proceeding in any manner. FAILURE TO ABIDE BY THIS ORDER MAY RESULT IN CONTEMPT OF COURT PROCEEDINGS.

Rule 11-18 approved November 9, 2022; Rule 11-18 amended January 25, 2023.

   The regular term of the court in each county shall be deemed to commence on January 1 of each calendar year, and shall be deemed to conclude on December 31 of the same calendar year. No order opening or closing such term shall be required.

   All correspondence with the court regarding pending litigation shall refer to the subject case by case title, number, and county, and a copy of such correspondence shall be mailed to opposing counsel or pro se party. If the correspondence necessitates the court's transmittal of papers, preaddressed stamped envelopes shall be enclosed.

   No stipulations of counsel shall be binding unless made in writing or upon the official record.

   A. Maintenance and Notice of the Motion Calendar.

   (1) In Scotts Bluff County, when any motion requiring a hearing is filed, it should contain a notice of hearing with a date, time, manner of hearing, and certificate of service. It shall be served by personal delivery or mail on all other parties to the case. A time of hearing shall be secured by contacting the office of the judge responsible for the case. If it is impossible to secure a time for hearing, the motion may be filed, but notice of hearing must be furnished promptly thereafter. Failure to secure and serve notice of a date for hearing within 10 days after filing a motion will be deemed an abandonment of the motion.

   (2) In all other counties within the district, the clerk or bailiff shall maintain a motion calendar for each judge assigned to a case plainly designating:

   (a) The case name and number,

   (b) Attorneys or pro se parties who have appeared in the case,

   (c) A description of the motion to be heard,

   (d) A space for the time and manner of hearing, and

   (e) Motions to set cases for trial or other noncontested motions may be accomplished by counsel directly contacting the judge responsible for the case rather than placing the matter on the motion calendar.

   The calendar shall be kept conspicuously posted in the office of the clerk or judge. It shall be mailed to attorneys, pro se parties, court reporters, and judges of the court at least 4 days before each motion day. Posting and mailing is sufficient notice of hearing where no different method of service is required by statute. If no valid appearance has been made for an adverse party, responsibility for giving notice of hearing to that party shall be upon the movant.

   B. Items Placed on the Motion Calendar.

   (1) Motions include all requests for an order of the court. The calendar shall include appeals, arraignments, applications for fees, applications for relief pendente lite, ex parte requests, hearings stipulated by counsel, and motions for summary judgment.

   (2) Applications for temporary relief in domestic relations cases shall be calendared for hearing on the motion day 3 days after filing. All other motion calendar items shall be heard on the first calendar that is scheduled 10 days after filing.

   (3) Hearings on motions for summary judgment shall be on the motion calendar scheduled at least 10 days after its service on an adverse party.

   (4) Appeals shall be placed on the next motion calendar after the bill of exceptions is filed in district court, where such a demand is made, otherwise the appeal shall be placed on the next motion calendar after the transcript is filed. Upon submission, the court will identify the record to be reviewed and consider times for submitting briefs and making oral arguments. In Scotts Bluff County, counsel shall notify the judge in chambers that the bill of exceptions has been filed and obtain a hearing date to submit the appeal.

   C. Submission of Motions.

   If oral argument is waived or the moving party fails to appear for a motion calendar item, the matter shall be considered submitted. Failure to furnish and serve a brief is not considered a confession of the party's position. If briefs are furnished and served, it should be done at least 3 days before the hearing.

   D. Telephonic or Videoconference Hearings.

   (1) All nonevidentiary hearings, and any evidentiary hearings approved by the district court and by stipulation of all parties that have filed an appearance, may be heard by the court telephonically or by videoconferencing or similar equipment at any location within the judicial district as ordered by the court and in a manner that ensures the preservation of an accurate record. Such hearings shall not include trials before a jury.

   (2) Unless otherwise ordered by the court, all documentary evidence shall be submitted to the court at least 3 working days in advance of the hearing with copies to other counsel or pro se parties.

   (3) Initiation of Telephone Conference Call: The party requesting the telephone conference call shall be responsible for:

   (a) arranging the time for the conference call, with the clerk if scheduled for a motion day and with the judge if scheduled otherwise;

   (b) notifying all other parties who will participate in the conference call;

   (c) initiating the call promptly at the time scheduled and providing for all expenses of the call; and

   (d) utilizing appropriate equipment and systems to ensure that all persons participating have adequate sound quality and volume. If the court determines that the sound quality or volume is insufficient, the court may require the party initiating the call to utilize other means to complete the hearing by telephone.

   E. Time for Pleading Over. When any motion is ruled upon, the party required to plead further shall be allowed 10 days to further plead or 20 days to answer, unless given another time by the court.

   F. Continuance or Additional Time to Plead. In addition to the requirements set forth in Neb. Rev. Stat. § 25-1148, a motion for continuance shall set forth whether the opposing party has any objection to the continuance. No order granting a continuance shall be made ex parte. Motions for continuance that lack agreement must be set for hearing.

   Unless otherwise authorized by the court, plea agreements in criminal cases shall be in writing and signed by the defendant and counsel.

   A. Availability of Counsel During Jury Deliberations. Counsel shall be available on short notice, personally or by telephone as ordered by the court, during jury deliberations in the event of a verdict or a question by the jury. The clerk or bailiff should be kept informed of where counsel will be at all times when the jury is deliberating, unless excused by the court.

   B. Absence of Counsel on Receipt of Verdict. In civil cases, the court will not deem it necessary that any party or any counsel be present or represented when the jury returns to the courtroom with its verdict.

   C. Presence of Defendant in Criminal Cases. The defendant and counsel must be present when the jury returns to the courtroom with its verdict. Defense counsel shall be responsible for producing the defendant in court when the jury returns with its verdict and at all other times ordered by the court. 

   A. Interrogatories or requests for admission shall have sufficient space below the interrogatory or request for the responding party to answer. Answers to interrogatories or requests for admission shall be typed with the answers following the question. If there is insufficient space, the responding party shall retype the full question and answer.

   B. Requests for relief under the Nebraska Discovery Rules must be accompanied by a certificate by the moving party that sincere efforts have been made by personal consultation to resolve the difference. The statements shall also recite the date, time, and place of the conference, the names of those participating, and the specific results of the conference. Requests for relief under the Nebraska Discovery Rules shall also specify which numbered discovery requests are in dispute.

   A. Documentary Exhibits. All documentary evidence which is not impeaching or rebuttal in nature shall be presented to the court reporter prior to trial or hearing, marked for identification, and exhibited to opposing counsel for inspection. They shall be numbered consecutively.

   B. Public Records as Exhibits. In all cases where books, files or records, or parts thereof, belonging to or taken from the records of public offices are offered in evidence or are marked for identification to be offered at a pretrial conference, the party offering the same shall furnish copies to the court reporter before the offer.

   C. Judicial Notice. In all cases where the court is asked to judicially notice pleadings, affidavits, or other documents from the court file, the party offering the same shall obtain a photocopy prior to the hearing to be marked and offered as an exhibit.

   Attorneys and bonded abstracters may check out transcripts, bills of exceptions, and court files from the clerk's office for not more than 5 days. Before removal, a receipt shall be signed and left with the clerk. If the item is not returned within 5 days or sooner if ordered by the court, the clerk, by written notice, shall warn that checkout privileges will be suspended unless such item is immediately returned. Upon failure to return, the clerk is directed by the court to suspend the checkout privileges of the involved person until the court restores the privilege.

  Any person may obtain photocopies of any public filings at such reasonable cost as the clerk shall determine.

   No books are to be removed from the county law libraries unless signed for in the office of the clerk of the district court or office of the district judge. All books signed for must be returned to the library within 1 week from the date taken. All books used in the libraries must be returned to their proper place in the bookcase on the same day such books are used. Additional library rules may be ordered by a district judge and conspicuously posted in the applicable office of the clerk of the district court and in the library.

   A. Trial Sessions. Unless otherwise determined by the court, trials will be held beginning the first Monday in:

   The clerk of court in each county will keep, in the order of their filing, three lists of cases scheduled for trial at the next session: the first for criminal jury trials, the second for civil jury trials, and the third for trials to the court. Cases are entitled to be tried and pre-tried in that order, unless otherwise ordered by the judge assigned to the case. Criminal cases and civil nonjury cases may be exempted by order of the court from pre-trial rules.

   The order of trial shall be determined by the court. Where possible, cases will be set for a date certain at pre-trial or at the motion day before the term begins. Otherwise, counsel must observe the assignment of cases on the schedule, keep informed of the progress of trials, and as cases are reached, appear and proceed with trial. Plea agreements and jury trial waivers in criminal cases will not be accepted after the last motion day preceding the trial session, except for good cause shown.

   C. Pre-trial Conference Scheduling. Unless otherwise specially set, pre-trial conferences for all cases will be held the Monday 3 weeks before the appropriate trial session.

   D. Motion Days. Unless otherwise determined by the court, motion days will be held each month, as follows:

   A. Case Assignments.

   (1) Cases shall be assigned to a judge by random selection through use of computerized or manual means.

   (2) Reopened Cases. Any matter pertaining to a finished case shall be deemed assigned to the judge originally assigned the case.

   (3) Reassignment. A judge may reassign a case to another district judge by order, and the clerk shall note such reassignment and date on the file jacket, docket sheet, and assignment card.

   (4) Interchange of Judges. One district judge of this court may act with respect to a particular matter in a case assigned to another district judge of this court when necessary. Such interchange will be on individual matters only and will not affect a reassignment of responsibility for the case.

   (5) Calendaring. Each judge shall provide for the conduct, calendaring, and progress of cases assigned to that judge.

   B. Trials.

   (1) Jury Sessions. There will be jury terms beginning on the first Monday of each month unless otherwise ordered by the judge. Two judges will alternate months so that each judge is in a jury term every other month.

   (2) Scheduling Trials. Any party may request a nonjury or jury case be set for pretrial, trial, or progression by filing a motion. The court may also schedule a case without any motion.

   (3) Order of Jury Trials. Cases will be tried in the order set by the judge.

   A. Trials.

   (1) Trial Docket. The trial docket will be called at times and places ordered by the District Judge.

   (2) Disposition of Untried Cases. Unless otherwise ordered by the court, after a cause is at issue it shall be tried at the term of court then in progress or at the next succeeding term of court unless statutory grounds for a continuance exist. Upon failure to try the cause as herein provided, the court may, on its own motion or on motion of any party, dismiss the action or strike it from the docket. An action stricken from the docket may be restored upon motion and good cause shown.

   (3) Scheduling. Scheduling of trials, pretrial conferences, and motion days shall be determined by the judge assigned to these counties.

   It shall be the duty of the party directed by the court to promptly prepare a proper journal entry, order, judgment, or decree. The proposed journal entry shall be submitted to opposing counsel for approval as to form and submitted to the court for its signature within 7 days after entry of the decision or order.

   In criminal matters, it is always the responsibility of the County Attorney to submit the same.

   This Rule exists to provide direction to counsel, litigants, court staff, and other interested persons regarding: the maintenance in the District of open and safe courts in the event of an emergency; the mission essential functions of the court that are expected to be maintained during such emergency; the manner by which an emergency may be declared and terminated; the manner by which such declaration will be made known to court users and the public; and the nature and manner of such modified court operations.

   A. Definitions

   (1) “Emergency” means an unforeseen combination of circumstances or the resulting state that calls for immediate action.¹ This may include but is not limited to public health concerns, natural disasters, political unrest, weather events (i.e., blizzard, tornado, etc.), and unexpected absence of or injury to the judge (or such other event as determined by the presiding judge of the District).

   (2) “Mission essential function” means those functions that need to be continuous or resumed within twelve (12) hours after an event and maintained for up to thirty (30) days or until normal operations can be resumed.²

   (3) “Normal operations” means those functions of the court that occur in the absence of an emergency.

   (4) “Justice stakeholders” are those persons or entities that have a particularized interest in the operation of the court system as either users thereof or participants therein.

   (5) “Emergency Modified Court Operations” means those operations of the court system that are to remain in place and operational during an “emergency.”

   B. Determination of Emergency

   (1) Within a reasonable period of time, not to exceed seventy-two hours, of an event that may constitute an “emergency” as defined, the available District Court judges of the 12th Judicial District will consult and confer with one another.

   (2) This consultation may be in person, by telephone, or remotely through technology such as ZOOM or other similar applications.

   (3) The presiding judge of the District will consult with each available District Court judge to discuss the event and to determine whether that judge believes that the event constitutes an “emergency.”

   (4) Based on the consensus of these consulted judges and her/his own determination, the presiding judge will make the final decision regarding the declaration of an “emergency” and when to return to normal court operations.

   a. Should the event giving rise to the consultation be localized to one County or courthouse within the District, then the declaration of “emergency” determination shall be at the discretion of the District Judge that regularly sits in that County and if that judge is unavailable then by the presiding judge of the District.

   (5) The District Court judges may, but are not obligated to, invite other interested justice stakeholders into this consultative process to receive input from them regarding whether the event constitutes an “emergency.”

   a. In all cases, the decision as to whether an “emergency” shall be declared and all orders attendant thereto shall be within the sole and exclusive discretion of the District Court judges and the presiding judge of the District.

   b. It will be the duty of the presiding judge of the District Court to coordinate and facilitate communications with the stakeholders that he or she deems necessary to plan and implement emergency modified court procedures.

   (6) Should the event giving rise to the consultation affect the operations of the various County Courts within the District, then the presiding District Court judge will contact and consult with her/his counterpart County Court presiding judge. In consultation therewith, the two presiding judges may call for a joint consultation of all available County and District Court judges within the District.

   a. To the extent possible, the County and District Court judges shall reach a consensus regarding such declaration of “emergency.”

   b. This consultation may also, but not be required to, include such justice stakeholders as the presiding judges determine should be included.

   c. Should a determination of an “emergency” be decided to be declared, then the presiding judges of the courts should both issue such declaration.

   C. Justice stakeholders shall include, but not be limited to:

   (1) The judges representing the County and District Courts;

   (2) The Clerk of the District Court;

   (3) The Clerk magistrate;

   (4) The bailiff;

   (5) The Administrative Office of the Courts;

   (6) The Chief Probation Officer;

   (7) The County Attorney;

   (8) The Public Defender;

   (9) County Commissioners;

   (10) Sheriff;

   (11) Jail administrator;

   (12) Facility manager:

   (13) President of local Bar Association;

   (14) Public health officer;

   (15) Emergency Management coordinator; and

   (16) IT support staff.

   D. Mission essential functions of the District Court include, but are not limited to:

   (1) Arraignments of persons in custody;

   (2) Bond reviews of persons in custody;

   (3) Appointment of counsel in criminal cases;

   (4) Protection order cases;

   (5) Jury trials;

   (6) Acceptance and processing of new cases and/or pleadings;

   (7) Receipt and processing of arrest warrants;

   (8) Receipt and processing of search warrants;

   (9) Receipt, deposit, and accounting for money paid into the court;

   (10) Ex parte temporary orders in domestic relations matters;

   (11) Appeals;

   (12) Habeas petitions;

   (13) Bench trials; and

   (14) Any other matter as determined by the Presiding Judge.

   E. Dissemination

   (1) In the event that a determination to declare an “emergency” has been made and the court has determined to enter Emergency Modified Court Operations, then such declaration of Emergency Modified Court Operations and the subsequent return to normal court operations shall be made known to the court users and public.

   (2) Such declarations will be publicly disseminated through the use of local media such as newspaper and radio outlets, as well as through appropriate social media avenues such as the Nebraska Supreme Court website, other local websites, Twitter, Facebook, etc.

   (3) Court users will be notified directly through dissemination of relevant orders electronically, and/or by mail, public notification as described above as well as public display at the effected courthouses.

   F. Resulting Action

   (1) In the event that an “emergency” is declared under this Rule, then the affected Court(s) will begin to operate pursuant to the applicable Modified Court Operations Plan.

   (2) Such Plans will be electronically disseminated to all known court users effected by the emergency. These Plans will also be distributed to local media outlets to include radio, television, and newspaper reporting services. These Plans will be posted on all available social media platforms to include Facebook and any applicable websites. These Plans will also be publicly posted at or near the entry door to the affected courthouse(s).

   G. Administrative Orders

   (1) As needed, the presiding District Court judge or the senior District Court judge of the affected courthouse(s) may enter Administrative Orders outlining the Modified Court Operations Plan and/or any other such Orders as she/he deems necessary to address the specific needs of a particular courthouse.

   (2) Such Administrative Orders will be publicly disseminated as described above.

   ¹ Merriam-Webster

   ² Department of Homeland Security

Approved April 5, 2023.

   A. Leaving the State. Every order for child custody, temporary or permanent, shall contain language substantially as follows:

   A party exercising custody of a minor child is ordered not to move the child outside the State of Nebraska. Anyone intending such a move must first:

   (1) Make written application to the court, including proposed changes in the visitation schedule and costs of transportation;

   (2) Give notice of the application and hearing to the other party; and

   (3) Establish that the move is in the child's best interests.

   B. Supplemental Child Custody Orders. In all cases where custody of children is ordered, a "Parenting Guidelines," obtainable from the office of the judge assigned to the case, shall be attached to and made a part of the custody order.

   C. (1) Joint Property Statements. Where the action involves a division of property, both parties shall prepare a single joint property statement setting forth assets, liabilities, and any other information concerning property germane to the case at bar. The plaintiff shall have 40 days from filing the action to prepare the property statement and furnish a copy to the opposing party. The defendant shall then complete the property statement by adding any additional property/liabilities and the defendant's estimates of the value of all property and the amount of all liabilities listed by the plaintiff. The defendant shall complete the property statement and serve a copy on the plaintiff within 30 days after the plaintiff served the initial statement. The property statement shall then be finalized, signed, and a copy delivered to the judge at least 10 days prior to trial. A model property statement form can be obtained from the court.

   (2) Extensions and Pretrial Filing Deadline. Either party may obtain an extension of the time for filing or completing the property statement on written motion for good cause shown. Except by agreement of the parties or by order of the court, amendments to the property statement shall not be permitted unless filed at least 10 days prior to trial.

   D. Temporary Hearing. Unless otherwise ordered, all applications for temporary custody, support, maintenance, or other relief shall be governed by Neb. Ct. R. § 6-1504. Evidence shall be submitted by affidavits, which shall be exchanged by the parties at least 24 hours prior to the hearing. Except for good cause shown, no more than 5 affidavits or, alternatively, no more than 20 affidavit pages (excluding exhibits attached thereto), will be considered by the court at the time of the temporary hearing. Pursuant to Neb. Rev. Stat. § 43-2930, each party to a contested proceeding for a temporary order related to parenting functions or custody shall offer a Child Information Affidavit as an exhibit at the hearing.  Where child support is an issue, counsel shall also prepare and exchange Nebraska Child Support Guidelines worksheets 24 hours prior to the hearing.

   E. Rule for Mediation in Domestic Relations Cases.

   (1) Parties to domestic-relations matters involving children are required to attend the district court-approved parent education program within 60 days from receipt of service of process. This includes filing for dissolution of marriage, legal separation, and determination-of-paternity cases, which involve issues of custody and/or visitation. Effective on January 1, 2008, motions to compel existing orders which involve parenting issues, applications to modify decrees of dissolution which involve parenting issues, and applications to modify decrees of paternity which involve parenting issues shall be subject to the requirements of this rule, and both parents are required to attend the parent education program.

   If the court deems it advisable, the parties may be required to complete a second level parenting class or the children of the parties may be referred to a class.

   Prior to July 1, 2010, the parties shall submit a parenting plan to be approved by the court. The parenting plan shall be developed by the parties or their counsel, an approved mediation center, or a private mediator. When a parenting plan has not been developed and submitted to the court, the court shall either create the parenting plan in accordance with the Nebraska Parenting Act or refer the case to an approved mediator. At any time in the proceeding, the court may refer a case to an approved mediator in order to attempt resolution of any relevant matter. Until July 1, 2010, either party may terminate mediation at any point in the process.

   On or after July 1, 2010, all parties who have not submitted a parenting plan to the court within 5 months after the matter is filed shall be required to participate in mediation services to complete a parenting plan, including child custody, visitation schedule, grandparent visitation, and any other issues relating to the children that may be susceptible to mediation. No trial date will be scheduled until attendance at the required parent education seminar has been completed and mediation to resolve custody and/or visitation issues has been attempted. Provided, however, that failure or refusal to participate by a party shall not delay entry of a final judgment by more than 6 months. It is further provided that, notwithstanding the language in this paragraph, domestic violence issues may, upon consideration by the trial court, disqualify the parties from mediation.

   On or after July 1, 2010, a party may not terminate mediation until after an individual initial screening session and one mediation or specialized alternative dispute resolution session are held.

   (2) The court shall prepare an order, for distribution by the district court clerk, advising the filing parties and their attorneys that attendance at a parenting seminar is mandatory and must be completed within 60 days from the filing of the complaint. The order shall also advise the parties and counsel: (a) that the parenting plans and visitation schedules may be referred for mediation; (b) that no trial date will be set until attendance at the required parent education seminar has been completed and, if required, mediation to resolve custody and/or visitation issues has been attempted; (c) that failure or refusal to participate by a party shall not delay entry of a final judgment by more than 6 months; and (d) that domestic violence issues may, upon consideration by the trial court, disqualify the parties from mediation. The district court clerk shall include this order with the filing and service packets distributed by the clerk.

   (3) When a judge refers a case for mediation, the judge will indicate the issues to be mediated, as well as any choice of a mediator if the judge has a preference.  The attorneys for the parties may mutually agree upon the choice of a mediator and may indicate whether they wish the parties to mediate any issues other than custody and parenting or visitation plans. If financial issues are to be mediated, the case may be assigned to an attorney mediator.

   (4)(a) If the parties reach an agreement through mediation, the agreement shall be reduced to writing. Copies shall be provided by the mediator to the parties and their attorneys, together with a notice informing the parties and their attorneys of their right to express their objections to the written agreement. The notice shall inform the parties and their attorneys that they have 21 days from the date of the notice to notify the mediator of any written objections to the terms of the agreement. Such objections shall be specific. All matters not specifically objected to shall be deemed final.

   (b) Upon the filing by either party or attorney of objections to the agreement, the mediator shall forthwith schedule a re-mediation session on the disputed issues identified in the objection. The mediator may charge additional fees for the re-mediation session and related expenses.

   (c) Agreements or amended mediation agreements shall be forwarded, along with the appropriate certificate of readiness form, to the judge to whom the case is assigned and to the court file. For cases involving parties with no counsel, the parties shall complete and file with the district court clerk a "Certificate of Readiness" indicating that the case is ready to be set for an uncontested final hearing. Such certificates will be in a form acceptable to the court.

   (d) Prior to setting a case for an uncontested final hearing, the parties shall file a "Certificate of Readiness" with a copy of the parenting plan with the court. In Scotts Bluff County, only counsel or pro se parties shall also contact the judge for a trial date.

   (e) The "Certificate of Readiness" for final hearing shall contain the following information:

   (i) The full names of the parties;

   (ii) The case number of the case;

   (iii) The names, addresses, and bar number of counsel;

   (iv) The date on which the complaint was filed and the date of service on defendant or the date of filing of the voluntary appearance by the defendant;

   (v) That the parties have agreed to a parenting plan;

   (vi) That the parties have attended the parent education seminar required by the court;

   (vii) That the parties have completed child support calculations pursuant to the Nebraska Child Support Guidelines and have agreed to all financial matters contemplated by the guidelines;

   (viii) That the parties have entered into a written and signed property settlement agreement; and

   (ix) That the parties have or have not attended mediation.

   (f) If the parties have not agreed to any of the following: parenting plan, child support calculations, or a property settlement agreement, they should not file a "Certificate of Readiness." They should contact the bailiff to schedule further hearings.

   (5) Parties that either have terminated mediation unsuccessfully or have been determined to not qualify for mediation services shall have their case set for final trial before the court as soon as possible.

   In the discretion of the judge presiding, courtroom proceedings may be broadcast, both by audio and video, and may be televised, recorded, or photographed (hereafter collectively referred to as "broadcast") under the following conditions:

   (1) On an interim basis, these rules regarding expanded media coverage apply only to proceedings over which Judges Weimer and O'Gorman are presiding[i] taking place within the 12th Judicial District of the State of Nebraska.

   (2) Only members of the media as defined below shall be permitted to broadcast, record, televise, photograph, or otherwise broadcast those proceedings set out below.

   Media is defined as a representative of a radio or television station licensed by the Federal Communications Commission or a reporter/photographer employed by a recognized news outlet.

   (3) The trial judge overseeing the proceeding sought to be broadcast, recorded, or photographed retains sole and complete discretion to terminate the broadcast, recording, or photography (without explanation or warning) at any time during such proceeding.

   (4) Cameras and sound equipment of a quality and type approved by the judge presiding in the case will be fixed in place in the courtroom with field of view of the camera and field of range of microphones being approved by the judge presiding over the proceedings. Other than the cameras identified herein, no other camera will be permitted in the courtroom, including a still camera, cell phone camera, or any other digital recording device equipped to take photographs or video recordings. The images produced by the camera in the courtroom should be of such a nature that still images may be retrieved.

   (5) The audio broadcast shall include only the statements made in open court and shall not include communications between counsel, between counsel and their clients, or bench conferences between counsel and the court.

   (6) Under no circumstances shall images of, or statements from, jurors be broadcast, recorded, televised, photographed, or otherwise broadcast.

   (7) Jury selection will not be broadcast.

   (8) The following cases will not be broadcast: matters involving grand juries, juveniles (persons under 19 years old),[ii] child custody, parenting time, sexual abuse, sexual assault, domestic abuse, child abuse, protection orders, and any other cases that the trial judge may determine.

   (9) The testimony of certain witnesses may not be broadcast. Those witnesses are as follows: persons under age 19,[iii] a person who claims to be a victim of sexual abuse or sexual assault who will be called upon to testify about the abuse or assault, or a confidential informant whose testimony is about the matter upon which the person informed. Any witness may make a request to prevent that person's testimony from being broadcast by making application to the judge presiding over the proceeding indicating the reason the witness does not want his or her testimony broadcast.

   (10) Upon application of any party or counsel, the court may, in its sole and complete discretion (and without further explanation), determine to not broadcast courtroom proceedings or terminate the broadcast of courtroom proceedings.

   (11) Upon application at least 14 days in advance of a scheduled hearing that may be broadcast, the court may, in its sole and complete discretion (and without further explanation), permit other types of broadcast or recording equipment in the courtroom.

   The images and sound produced from the courtroom will be available to any broadcast media licensed by the Federal Communications Commission and any print media published in the State of Nebraska on a pool basis.

   The overriding principle shall be the guarantee of a fair trial to the litigants. Criteria may change from time to time based on factors which the court has not yet considered and the circumstances of individual cases.

Rule 12-15 approved August 28, 2013.

   I. PURPOSE. This rule is to establish a process for the appointment of private attorneys to represent indigent defendants as provided in Neb. Rev. Stat. §§ 29-3901 to 29-3908.

   II. APPLICABILITY. This rule shall not apply to criminal proceedings in which the court appoints the Public Defender, the Nebraska Commission on Public Advocacy, or any other attorney under contract with the county to provide such services.

   III. GENERAL

   A. Appointments of private attorneys shall be made on an impartial and equitable basis:

   B. The appointments shall be distributed among the attorneys on a rotation system:

   C. Complex cases shall be assigned to attorneys with sufficient levels of experience and competence to provide adequate representation:

   D. Less experienced attorneys should be assigned cases which are within their capabilities, but should be given the opportunity to expand their experience under supervision: and

   E. Cases shall be assigned to attorneys of sufficient experience, skill, and competence to render effective assistance of counsel to defendants.

   IV. COURT-APPOINTED ATTORNEY LIST

   A. Each County Court shall maintain a court-appointed attorney list from which attorneys shall be appointed to represent indigent defendants in misdemeanor and felony cases (which shall consist of two categories; misdemeanors and felonies).

   B. Attorneys must contact the County Court in each county and request the Clerk Magistrate to place them on, or remove them from, the court-appointed list. Attorneys must set forth the experience that qualifies them to handle the level of case referenced in their request.

   C. The County Court shall maintain a misdemeanor list and a separate felony appointment list (Appendix 1, attached hereto, shall be used when requesting to be placed or removed from the court-appointed attorney list).

   V. METHOD OF SELECTION FROM COURT-APPOINTED LIST

   A. The Court will generally attempt to appoint attorneys from the court-appointed attorney list on a rotational basis, subject to the court’s sole discretion to make exceptions due to:

   1. the nature and complexity of the case;

   2. an attorney’s experience;

   3. the nature and disposition of the defendant;

   4. a language consideration;

   5. a conflict of interest;

   6. the availability of the attorney, taking into consideration an immediate need to address issues involved in the case;

   7. geographical considerations--in all cases, the court may appoint attorneys who are in closest geographical proximity to the court before considering the appointment of other attorneys in order to avoid travel time and mileage expenses, for the convenience of defendants in consulting with their attorney, and for the convenience of the court in scheduling cases for hearing; and

   8. other relevant factors.

   B. Attorneys may contact the appropriate County Court and request the current court-appointed counsel list.

   VI. REMOVAL AND REINSTATEMENT FROM APPOINTMENT LIST

   A. Judges will monitor attorney performance on a continuing basis to ensure the competency of attorneys on the list. An attorney may be removed from the appointment list by a majority vote of county and district court judges within the district.

   B. If an attorney is under consideration for removal from the list, written notification will be given indicating the concerns with the attorney’s performance giving rise to consideration for removal, and be given the opportunity to respond in writing or in person before a final decision is made.

   C. An attorney who has been removed from the list for any reason may be considered for reinstatement by a majority vote of the judges, after the deficiencies contained in the notice have been resolved.

Rule 12-16 approved December 17, 2014.

   I. PURPOSE. This rule is to establish a process for the appointment of private attorneys to represent indigent defendants as provided in Neb. Rev. Stat. §§ 29-3901 to 29-3908.

   II. APPLICABILITY. This rule shall not apply to criminal proceedings in which the court appoints the Public Defender, the Nebraska Commission on Public Advocacy, or any other attorney under contract with the county to provide such services.

   III. GENERAL

   A. Appointments of private attorneys shall be made on an impartial and equitable basis:

   B. The appointments shall be distributed among the attorneys on a rotation system:

   C. Complex cases shall be assigned to attorneys with sufficient levels of experience and competence to provide adequate representation:

   D. Less experienced attorneys should be assigned cases which are within their capabilities, but should be given the opportunity to expand their experience under supervision: and

   E. Cases shall be assigned to attorneys of sufficient experience, skill, and competence to render effective assistance of counsel to defendants.

   IV. COURT-APPOINTED ATTORNEY LIST

   A. Each County Court shall maintain a court-appointed attorney list from which attorneys shall be appointed to represent indigent defendants in misdemeanor and felony cases (which shall consist of two categories; misdemeanors and felonies).

   B. Attorneys must contact the County Court in each county and request the Clerk Magistrate to place them on, or remove them from, the court-appointed list. Attorneys must set forth the experience that qualifies them to handle the level of case referenced in their request.

   C. The County Court shall maintain a misdemeanor list and a separate felony appointment list (Appendix 1, attached hereto, shall be used when requesting to be placed or removed from the court-appointed attorney list).

   V. METHOD OF SELECTION FROM COURT-APPOINTED LIST

   A. The Court will generally attempt to appoint attorneys from the court-appointed attorney list on a rotational basis, subject to the court’s sole discretion to make exceptions due to:

   1. the nature and complexity of the case;

   2. an attorney’s experience;

   3. the nature and disposition of the defendant;

   4. a language consideration;

   5. a conflict of interest;

   6. the availability of the attorney, taking into consideration an immediate need to address issues involved in the case;

   7. geographical considerations--in all cases, the court may appoint attorneys who are in closest geographical proximity to the court before considering the appointment of other attorneys in order to avoid travel time and mileage expenses, for the convenience of defendants in consulting with their attorney, and for the convenience of the court in scheduling cases for hearing; and

   8. other relevant factors.

   B. Attorneys may contact the appropriate County Court and request the current court-appointed counsel list.

   VI. REMOVAL AND REINSTATEMENT FROM APPOINTMENT LIST

   A. Judges will monitor attorney performance on a continuing basis to ensure the competency of attorneys on the list. An attorney may be removed from the appointment list by a majority vote of county and district court judges within the district.

   B. If an attorney is under consideration for removal from the list, written notification will be given indicating the concerns with the attorney’s performance giving rise to consideration for removal, and be given the opportunity to respond in writing or in person before a final decision is made.

   C. An attorney who has been removed from the list for any reason may be considered for reinstatement by a majority vote of the judges, after the deficiencies contained in the notice have been resolved.

Rule approve December 17, 2014.

   In the discretion of the judge presiding, courtroom proceedings may be broadcast, both by audio and video, and may be televised, recorded, or photographed (hereafter collectively referred to as “broadcast”) under the following conditions:

   (1) On an interim basis, these rules regarding expanded media coverage apply only to proceedings over which Judge Roland is presiding,[i] taking place within the 12th Judicial District of the State of Nebraska.

   (2) Only members of the media as defined below shall be permitted to broadcast, record, televise, photograph, or otherwise broadcast those proceedings set out below.

   Media is defined as a representative of a radio or television station licensed by the Federal Communications Commission or a reporter/photographer employed by a recognized news outlet.

   (3) The trial judge overseeing the proceeding sought to be broadcast, recorded, or photographed retains sole and complete discretion to terminate the broadcast, recording, or photography (without explanation or warning) at any time during such proceeding.

   (4) Cameras and sound equipment of a quality and type approved by the judge presiding in the case will be fixed in place in the courtroom with field of view of the camera and field of range of microphones being approved by the judge presiding over the proceedings. Other than the cameras identified herein, no other camera will be permitted in the courtroom, including a still camera, cell phone camera, or any other digital recording device equipped to take photographs or video recordings. The images produced by the camera in the courtroom should be of such a nature that still images may be retrieved.

   (5) The audio broadcast shall include only the statements made in open court and shall not include communications between counsel, between counsel and their clients, or bench conferences between counsel and the court.

   (6) Under no circumstances shall images of, or statements from, jurors be broadcast, recorded, televised, photographed, or otherwise broadcast.

   (7) Jury selection will not be broadcast.

   (8) The following cases will not be broadcast: matters involving grand juries, juveniles (persons under 19 years old),[ii] child custody, parenting time, sexual abuse, sexual assault, domestic abuse, child abuse, protection orders, and any other cases that the trial judge may determine.

   (9) The testimony of certain witnesses may not be broadcast. Those witnesses are as follows: persons under age 19,[iii] a person who claims to be a victim of sexual abuse or sexual assault who will be called upon to testify about the abuse or assault, or a confidential informant whose testimony is about the matter upon which the person informed. Any witness may make a request to prevent that person’s testimony from being broadcast by making application to the judge presiding over the proceeding indicating the reason the witness does not want his or her testimony broadcast.

   (10) Upon application of any party or counsel, the court may, in its sole and complete discretion (and without further explanation), determine to not broadcast courtroom proceedings or terminate the broadcast of courtroom proceedings.

   (11) Upon application at least 14 days in advance of a scheduled hearing that may be broadcast, the court may, in its sole and complete discretion (and without further explanation), permit other types of broadcast or recording equipment in the courtroom.

   The images and sound produced from the courtroom will be available to any broadcast media licensed by the Federal Communications Commission and any print media published in the State of Nebraska on a pool basis.

   The overriding principle shall be the guarantee of a fair trial to the litigants. Criteria may change from time to time based on factors which the court has not yet considered and the circumstances of individual cases.

Approved August 28, 2013.

   At the discretion of the County Judge presiding over the matter, the 12th Judicial District County Court Courts have determined that, through the use of available technology, including telephone and cloud-based applications such as ZOOM and WebEx, certain types of hearings lend themselves to the use of such technology in the efficient and expeditious operations of the courts. Therefore, the County Court judges adopt the following Local Rule to govern the use of such technology.

   1. The Court, counsel, and litigants are expected to conform to all applicable state statutes regarding such usage.

   2. Counsel are expected to have the appropriate application (i.e., ZOOM or WebEx) available to them on a cellular device or computer or similar device to access the technology.

   3. Counsel are expected to forward any links or other connection information to litigants who are anticipated to participate by such technology and to ensure that such litigants have the applicable application on some type of device that will permit them to so participate.

   4. In general, the Clerk Magistrate’s office for the county will email the invites for hearings by WebEx or Zoom, or the meeting ID if by Zoom, for hearings on the court day before the hearing or the day of the hearing. However, judges are allowed to use a different procedure. Please check with the appropriate court’s Clerk Magistrate’s office if you have any questions or concerns regarding this matter.

   5. Any party objecting to a witness appearing by videoconference must file an objection no later than three (3) weeks prior to the appearance, with a hearing for the same to be heard no less than (1) week prior to the appearance.

   6.Attached hereto is Appendix A which outlines hearing rules for the use of such technology in civil, juvenile, small claims, and probate proceedings.

   7. Attached hereto is Appendix B which outlines hearing rules for the use of such technology in criminal and traffic proceedings.

Approved October 26, 2022.

   This Rule exists to provide direction to counsel, litigants, court staff, and other interested persons regarding: the maintenance in the District of open and safe courts in the event of an emergency; the mission essential functions of the court that are expected to be maintained during such emergency; the manner by which an emergency may be declared and terminated; the manner by which such declaration will be made known to court users and the public; and the nature and manner of such modified court operations.

   A. Definitions

   (1) “Emergency” means an unforeseen combination of circumstances or the resulting state that calls for immediate action.¹ This may include but is not limited to public health concerns, natural disasters, political unrest, weather events (i.e., blizzard, tornado, etc.), and unexpected absence of or injury to the judge (or such other event as determined by the presiding judge of the District).

   (2) “Mission essential function” means those functions that need to be continuous or resumed within twelve (12) hours after an event and maintained for up to thirty (30) days or until normal operations can be resumed.²

   (3) “Normal operations” means those functions of the court that occur in the absence of an emergency.

   (4) “Justice stakeholders” are those persons or entities that have a particularized interest in the operation of the court system as either users thereof or participants therein.

   (5) “Emergency Modified Court Operations” means those operations of the court system that are to remain in place and operational during an “emergency.”

   B. Determination of Emergency

   (1) Within a reasonable period of time, not to exceed seventy-two hours, of an event that may constitute an “emergency” as defined, the available District Court judges of the 12th Judicial District will consult and confer with one another.

   (2) This consultation may be in person, by telephone, or remotely through technology such as ZOOM or other similar applications.

   (3) The presiding judge of the District will consult with each available District Court judge to discuss the event and to determine whether that judge believes that the event constitutes an “emergency.”

   (4) Based on the consensus of these consulted judges and her/his own determination, the presiding judge will make the final decision regarding the declaration of an “emergency” and when to return to normal court operations.

   a. Should the event giving rise to the consultation be localized to one County or courthouse within the District, then the declaration of “emergency” determination shall be at the discretion of the District Judge that regularly sits in that County and if that judge is unavailable then by the presiding judge of the District.

   (5) The District Court judges may, but are not obligated to, invite other interested justice stakeholders into this consultative process to receive input from them regarding whether the event constitutes an “emergency.”

   a. In all cases, the decision as to whether an “emergency” shall be declared and all orders attendant thereto shall be within the sole and exclusive discretion of the District Court judges and the presiding judge of the District.

   b. It will be the duty of the presiding judge of the District Court to coordinate and facilitate communications with the stakeholders that he or she deems necessary to plan and implement emergency modified court procedures.

   (6) Should the event giving rise to the consultation affect the operations of the various County Courts within the District, then the presiding District Court judge will contact and consult with her/his counterpart County Court presiding judge. In consultation therewith, the two presiding judges may call for a joint consultation of all available County and District Court judges within the District.

   a. To the extent possible, the County and District Court judges shall reach a consensus regarding such declaration of “emergency.”

   b. This consultation may also, but not be required to, include such justice stakeholders as the presiding judges determine should be included.

   c. Should a determination of an “emergency” be decided to be declared, then the presiding judges of the courts should both issue such declaration.

   C. Justice stakeholders shall include, but not be limited to:

   (1) The judges representing the County and District Courts;

   (2) The Clerk of the District Court;

   (3) The Clerk magistrate;

   (4) The bailiff;

   (5) The Administrative Office of the Courts;

   (6) The Chief Probation Officer;

   (7) The County Attorney;

   (8) The Public Defender;

   (9) County Commissioners;

   (10) Sheriff;

   (11) Jail administrator;

   (12) Facility manager:

   (13) President of local Bar Association;

   (14) Public health officer;

   (15) Emergency Management coordinator; and

   (16) IT support staff.

   D. Mission essential functions of the District Court include, but are not limited to:

   (1) Arraignments of persons in custody;

   (2) Bond reviews of persons in custody;

   (3) Appointment of counsel in criminal cases;

   (4) Protection order cases;

   (5) Jury trials;

   (6) Acceptance and processing of new cases and/or pleadings;

   (7) Receipt and processing of arrest warrants;

   (8) Receipt and processing of search warrants;

   (9) Receipt, deposit, and accounting for money paid into the court;

   (10) Ex parte temporary orders in domestic relations matters;

   (11) Appeals;

   (12) Habeas petitions;

   (13) Bench trials; and

   (14) Any other matter as determined by the Presiding Judge.

   E. Dissemination

   (1) In the event that a determination to declare an “emergency” has been made and the court has determined to enter Emergency Modified Court Operations, then such declaration of Emergency Modified Court Operations and the subsequent return to normal court operations shall be made known to the court users and public.

   (2) Such declarations will be publicly disseminated through the use of local media such as newspaper and radio outlets, as well as through appropriate social media avenues such as the Nebraska Supreme Court website, other local websites, Twitter, Facebook, etc.

   (3) Court users will be notified directly through dissemination of relevant orders electronically, and/or by mail, public notification as described above as well as public display at the effected courthouses.

   F. Resulting Action

   (1) In the event that an “emergency” is declared under this Rule, then the affected Court(s) will begin to operate pursuant to the applicable Modified Court Operations Plan.

   (2) Such Plans will be electronically disseminated to all known court users effected by the emergency. These Plans will also be distributed to local media outlets to include radio, television, and newspaper reporting services. These Plans will be posted on all available social media platforms to include Facebook and any applicable websites. These Plans will also be publicly posted at or near the entry door to the affected courthouse(s).

   G. Administrative Orders

   (1) As needed, the presiding District Court judge or the senior District Court judge of the affected courthouse(s) may enter Administrative Orders outlining the Modified Court Operations Plan and/or any other such Orders as she/he deems necessary to address the specific needs of a particular courthouse.

   (2) Such Administrative Orders will be publicly disseminated as described above.

   ¹ Merriam-Webster

   ² Department of Homeland Security

Approved April 20, 2022.

   At the discretion of the District Judge presiding over the matter, the 12th Judicial District  Courts have determined that, through the use of available technology, including cloud-based applications such as ZOOM and WebEx, certain types of hearings lend themselves to the use of   such technology in the efficient and expeditious operations of the courts. Therefore, the District  Court judges adopt the following Local Rule to govern the use of such technology.

   1. The Court, counsel, and litigants are expected to conform to all applicable state statutes regarding such usage.

   2. Counsel are expected to have the appropriate application (i.e., ZOOM, WebEx, Skype,  etc.) available to them on a cellular device or computer or similar device to access the   technology.

   3. Counsel are expected to forward any links or other connection information to litigants  who are anticipated to participate by such technology and to ensure that such litigants  have the applicable application on some type of device that will permit them to so participate.

   4. Each judge will determine how ZOOM/WebEx/etc. invites are generated and disseminated to meet the needs of their respective courts.

   5. Attached hereto is Appendix A which outlines hearing rules for the use of such technology in non-domestic relations civil proceedings.

   6. Attached hereto is Appendix B which outlines hearing rules for the use of such technology in criminal proceedings.

   7. Attached hereto is Appendix C which outlines hearing rules for the use of such technology in domestic relations civil proceedings.

Approved October 26, 2022.