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.