District 5

District 5

Rules of the District Court of the Fifth Judicial District

(Effective July 18, 2001)

Property Statement Instructions

Property Statement Form

Court-Appointed Counsel Questionnaire

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Scope and Effective Date

Scope and Effective Date

   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.

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Rule 5-1. Term of Court

Rule 5-1. Term of 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. 

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Rule 5-2. Continuances

Rule 5-2. Continuances

   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. 

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Rule 5-3. Journal Entries, Stipulations & Agreements

Rule 5-3. Journal Entries, Stipulations & Agreements

   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. 

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Rule 5-4. Dissolution of Actions

Rule 5-4. Dissolution of Actions

   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.

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Rule 5-5. Scheduling & Required Time Estimates

Rule 5-5. Scheduling & Required Time Estimates

   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.

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Rule 5-6. Correspondence with the Court

Rule 5-6. Correspondence with the Court

   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. 

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Rule 5-7. Pleadings

Rule 5-7. Pleadings

   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. 

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Rule 5-8. Appeals

Rule 5-8. Appeals

   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.

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Rule 5-9. Motions

Rule 5-9. Motions

   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.

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Rule 5-10. Telephone Conference Hearings

Rule 5-10. Telephone Conference Hearings

   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.

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County Court Emergency Modified Court Operations for the Fifth Judicial District

County Court Emergency Modified Court Operations for the Fifth Judicial District

   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.

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Expanded Media Coverage in Nebraska Trial Courts: 5th Judicial District

Expanded Media Coverage in Nebraska Trial Courts: 5th Judicial District

   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.

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Rule 1. Definitions.

Rule 1. Definitions.

 

   "Expanded media coverage" includes broadcasting, televising, electronic recording, or photographing of judicial proceedings for the purpose of gathering and disseminating news to the public.
 
   "Good cause" for purposes of exclusion under this chapter means that coverage will have a substantial effect upon the objector which would be qualitatively different from the effect on members of the public in general and that such effect will be qualitatively different from coverage by other types of media.
 
   "Judge" means the judge presiding in a trial court proceeding.
 
   "Judicial proceedings" or "proceedings" shall include all public trials, hearings, or other proceedings in a trial court, for which expanded media is requested, except those specifically excluded by this rule.
 
   "Media coordinator" shall mean the Public Information Officer of the Nebraska Supreme Court.
 
   "Media representative" shall mean Nebraska radio or television stations licensed by the Federal Communications Commission. In the event photographs are requested by a Nebraska newspaper, photographers must be employed by a recognized Nebraska news outlet.
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Rule 2. General.

Rule 2. General.

 

   Broadcasting, televising, recording, and photographing will be permitted in the courtroom and adjacent areas during sessions of the court, including recesses between sessions, under the following conditions:
 
   (A) Permission first shall have been granted expressly by the judge, who may prescribe such conditions of coverage as provided for in this rule.
 
   (B) Expanded media coverage of a proceeding shall be permitted, unless the judge concludes, for reasons stated on the record, that under the circumstances of the particular proceeding such coverage would materially interfere with the rights of the parties to a fair trial.
 
   (C) Expanded media coverage of a witness also may be refused by the judge upon objection and showing of good cause by the witness. In prosecutions for sexual abuse, or for charges in which sexual abuse is an included offense or an essential element of the charge, there shall be no expanded media coverage of the testimony of a victim/witness unless such witness consents. Further, an objection to coverage by a victim/witness in any other forcible felony prosecution, and by police informants, undercover agents, and relocated witnesses, shall enjoy a rebuttable presumption of validity. The presumption is rebutted by a showing that expanded media coverage will not have a substantial effect upon the particular individual objecting to such coverage which would be qualitatively different from the effect on members of the public in general and that such effect will not be qualitatively different from coverage by other types of media.
 
   (D) Expanded media coverage is prohibited of any court proceeding which, under Nebraska law, is required to be held in private. In any event, no coverage shall be permitted in any juvenile, dissolution, adoption, child custody, or trade secret cases unless consent on the record is obtained from all parties (including a parent or guardian of a minor child).
 
   (E) Expanded media coverage of jury selection is prohibited. Expanded media coverage of the return of the jury's verdict shall be permitted with permission of the judge. In all other circumstances, however, expanded media coverage of jurors is prohibited except to the extent it is unavoidable in the coverage of other trial participants or courtroom proceedings.
 
   The policy of the rules is to prevent unnecessary or prolonged photographic or video coverage of individual jurors.
 
   (F) There shall be no audio pickup or broadcast of conferences in a court proceeding between attorneys and their clients, between co-counsel or between counsel and the presiding judge held at the bench or in chambers.
 
   (G) The quantity and types of equipment permitted in the courtroom shall be subject to the discretion of the judge within the guidelines as set out in these rules.
 
   (H) Notwithstanding the provisions of any procedural or technical rules, the presiding judge, upon application of the media coordinator, may permit the use of equipment or techniques at variance therewith, provided the application for variance is included in the advance notice of coverage. All media representatives will direct communication through the media coordinator. Ruling upon such a variance application shall be in the sole discretion of the presiding judge. Such variances may be allowed by the presiding judge without advance application or notice if all counsel and parties consent to it.
 
   (I) The judge may, as to any or all media participants, limit or terminate photographic or electronic media coverage at any time during the proceedings in the event the judge finds that rules have been violated or that substantial rights of individual participants or rights to a fair trial will be prejudiced by such manner of coverage if it is allowed to continue.
 
   (J) The rights of photographic and electronic coverage provided for herein may be exercised only by persons or organizations which are part of the Nebraska news media.
 
   (K) A judge may authorize expanded media coverage of ceremonial proceedings at variance with the procedural and technical rules as the judge sees fit.
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Rule 3. Procedural.

Rule 3. Procedural.

 

   (A) Media Coordinator. The Public Information Officer of the Nebraska Supreme Court shall serve as the Media Coordinator. The judge and all interested members of the media shall work, whenever possible, with and through the media coordinator regarding all arrangements for expanded media coverage.
 
   (B) Advance notice of coverage.
 
   1. All requests by representatives of the news media to use photographic equipment or television cameras in the courtroom shall be made to the media coordinator. The media coordinator, in turn, shall inform counsel for all parties and the presiding judge at least 14 days in advance of the time the proceeding is scheduled to begin, but these times may be extended or reduced by court order. When the proceeding is not scheduled at least 14 days in advance, however, the media coordinator shall give notice of the request as soon as practicable after the proceeding is scheduled.
 
   2. Notice shall be in writing and filed with the clerk magistrate of the county court. A copy of the notice shall be sent to the last known address of all counsel of record, parties appearing without counsel, and the judge expected to preside at the proceeding for which expanded media coverage is being requested.
 
   (C) Objections. A party to a proceeding objecting to expanded media coverage shall file a written objection, stating the grounds therefore, at least three days before commencement of the proceeding. All witnesses shall be advised by counsel proposing to introduce their testimony of their right to object to expanded media coverage, and all objections by witnesses shall be filed prior to commencement of the proceeding. All objections shall be heard and determined by the judge prior to the commencement of the proceedings. The judge may rule on the basis of the written objection alone. In addition, the objecting party or witness, and all other parties, may be afforded an opportunity to present additional evidence by affidavit or by such other means as the judge directs. The judge in absolute discretion may permit presentation of such evidence by the media coordinator in the same manner.
 
   Time for filing of objections may be extended or reduced in the discretion of the judge, who also, in appropriate circumstances, may extend the right of objection to persons not specifically
provided for in this rule.
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Rule 4. Technical.

Rule 4. Technical.

 

   (A) Equipment specifications. Equipment to be used by the media in courtrooms during judicial proceedings must be unobtrusive and must not produce distracting sound. In addition, such equipment must satisfy the following criteria, where applicable:
 
   1. Still cameras. Still cameras and lenses must be unobtrusive, without distracting light or sound.
 
   2. Television cameras and related equipment. Television cameras are to be electronic and, together with any related equipment to be located in the courtroom, must be unobtrusive in both size and appearance, without distracting sound or light. Television cameras are to be designed or modified so that participants in the judicial proceedings being covered are unable to determine when recording is occurring.
 
   3. Audio equipment. Microphones, wiring, and audio recording equipment shall be unobtrusive and shall be of adequate technical quality to prevent interference with the judicial proceeding being covered. Any changes in existing audio systems must be approved by the presiding judge. No modifications of existing systems shall be made at public expense. Microphones for use of counsel and judges shall be equipped with off/on switches.
 
   4. Advance approval. It shall be the duty of media personnel to demonstrate to the presiding judge reasonably in advance of the proceeding that the equipment sought to be utilized meets the criteria set forth in this rule. Failure to obtain advance judicial approval for equipment may preclude its use in the proceeding. All media equipment and personnel shall be in place at least fifteen minutes prior to the scheduled time of commencement of the proceeding.
 
   (B) Lighting. Other than light sources already existing in the courtroom, no flashbulbs or other artificial light device of any kind shall be employed in the courtroom. With the concurrence of the presiding judge however, modifications may be made in light sources existing in the courtroom (e.g., higher wattage light bulbs), provided such modifications are installed and maintained without public expense.
 
   (C) Equipment and pooling. The following limitations on the amount of equipment and number of photographic and broadcast media personnel in the courtroom shall apply:
 
   1. Still photography. Not more than one still photographer, using not more than two camera bodies and two lenses, shall be permitted in the courtroom during a judicial proceeding at any one time.
 
   2. Television. Not more than one television camera, operated by not more than one camera person, shall be permitted in the courtroom during a judicial proceeding. Where possible, recording and broadcasting equipment which is not a component part of a television camera shall be located outside of the courtroom.
 
   3. Audio. Not more than one audio system shall be set up in the courtroom for broadcast coverage of a judicial proceeding. Audio pickup for broadcast coverage shall be accomplished from any existing audio system present in the courtroom, if such pickup would be technically suitable for broadcast. Where possible, electronic audio recording equipment and any operating personnel shall be located outside of the courtroom. Exceptions may be made by the presiding judge to accommodate the pre-existing audio broadcast role for this Judicial District.
 
   4. Pooling. Where the above limitations on equipment and personnel make it necessary, the media shall be required to pool equipment and personnel. Pooling arrangements shall be the sole responsibility of the media coordinator and representative, and the presiding judge shall not be called upon to mediate any dispute as to the appropriate media representatives authorized to cover a particular judicial proceeding.
 
   (D) Location of equipment and personnel. Equipment and operating personnel shall be located in, and coverage of the proceedings shall take place from, an area or areas within the courtroom designated by the presiding judge. The area or areas designated shall provide reasonable access to the proceeding to be covered.
 
   (E) Movement during proceedings. Television cameras and audio equipment may be installed in or removed from the courtroom only when the court is not in session. In addition, such equipment shall at all times be operated from a fixed position. Still photographers and broadcast media personnel shall not move about the courtroom while proceedings are in session, nor shall they engage in any movement which attracts undue attention. Still photographers shall not assume body positions inappropriate for spectators.
 
   (F) Decorum. All still photographers and broadcast media personnel shall be properly attired and shall maintain proper courtroom decorum at all times while covering a judicial proceeding.
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Fifth Judicial District County Court Indigent Defense Rule

Fifth Judicial District County Court Indigent Defense Rule
  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.
  1. APPLICABILITY. 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;
  1. The appointments shall be distributed among the attorneys on a rotation system;
  1. Cases shall be assigned to attorneys of sufficient experience, skill, and competence to render effective assistance of counsel to defendants;
  1. Complex cases shall be assigned to attorneys with sufficient levels of experience and competence to provide adequate representation; and
  1. Less experienced attorneys should be assigned cases which are within their capabilities, but should be given the opportunity to expand their experience under supervision.
  1.  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.
  1. Thereafter, each County Court shall maintain the court-appointed attorney list from which attorneys shall be appointed to represent indigent defendants.
  1. 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.
  1. 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.
  1. The County Court shall make the court-appointed list of attorneys available upon request.
  1. 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;
  1. An attorney’s experience;
  1. The nature and disposition of the defendant;
  1. A language consideration;
  1. A conflict of interest;
  1. The availability of an attorney, taking into consideration an immediate need to address issues involved in the case;[1]
  1. Geographical considerations;[2]
  1. Prior representation of the parties; and
  1. Other relevant factors that may be involved in a specific case.
  1. 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.
  1. 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.
  1. 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.
  1. Following this response, all County and District Judges shall vote on whether an attorney should be removed from the list.
  1. 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.
  1. 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.

                [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 defendant in consulting with a local attorney; and for the convenience of the court in scheduling cases.

unanimous

Remote Hearings

Remote Hearings

   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.

unanimous

Rule 5-11. Court Files & Materials Check Out

Rule 5-11. Court Files & Materials Check Out

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

Rule 5-11 amended effective March 10, 2010.

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Rule 5-12. Exhibits

Rule 5-12. Exhibits

   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.

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Rule 5-13. Summary Judgments

Rule 5-13. Summary Judgments

   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.

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Rule 5-14. Interpreters

Rule 5-14. Interpreters

   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.

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Rule 5-15. Modification of Rules

Rule 5-15. Modification of Rules

   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.

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Rule 5-16. Appointment of Counsel for Indigent Defendents

Rule 5-16. Appointment of Counsel for Indigent Defendents
  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.
  1. APPLICABILITY. 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;
  1. The appointments shall be distributed among the attorneys on a rotation system;
  1. Cases shall be assigned to attorneys of sufficient experience, skill, and competence to render effective assistance of counsel to defendants;
  1. Complex cases shall be assigned to attorneys with sufficient levels of experience and competence to provide adequate representation; and
  1. Less experienced attorneys should be assigned cases which are within their capabilities, but should be given the opportunity to expand their experience under supervision.
  1.  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.
  1. Thereafter, each County Court shall maintain the court-appointed attorney list from which attorneys shall be appointed to represent indigent defendants.                                                  
  2. 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.
  1. 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.
  1. The County Court shall make the court-appointed list of attorneys available upon request.
  1. 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;
  1. An attorney’s experience;
  1. The nature and disposition of the defendant;
  1. A language consideration;
  1. A conflict of interest;
  1. The availability of an attorney, taking into consideration an immediate need to address issues involved in the case;[1]
  1. Geographical considerations;[2]
  1. Prior representation of the parties; and
  1. Other relevant factors that may be involved in a specific case.
  1. 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.
  1.  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.
  1. 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.                       
  2. Following this response, all County and District Judges shall vote on whether an attorney should be removed from the list.
  1. 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.
  1. 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.

                [1] The court may appoint an attorney present in court when a defendant appears and wants to speak at 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 defendant in consulting with a local attorney; and for the convenience of the court in scheduling cases.

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Rule 5-17. Payment of Court-Appointed Counsel

Rule 5-17. Payment of Court-Appointed Counsel

  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.

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Rule 5-18. Emergency Modified Court Operations

Rule 5-18. Emergency Modified Court Operations

   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.

unanimous

Rule 5-19. Remote Hearings

Rule 5-19. Remote Hearings

   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.

unanimous