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.