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

   Two terms of court will be held in each district court in the Tenth Judicial District. The Spring Term will commence on a date in March and the Fall Term will commence on a date in August or September, as determined by the court. On the opening day of the term, a docket call may be held to set cases for trial or further hearing. Counsel will be notified of the date and time for the docket call in each county and will be required to attend the same unless excused in writing by the court.

   In addition to the requirements set forth in Neb. Rev. Stat. § 25-1148 (Reissue 2008), a motion for continuance shall set forth whether the opposing party has an objection. If the opposing party does not object to the continuance, the party filing the motion shall be responsible for arranging, as soon as practical, a new date and time with all opposing parties and the court. If the opposing party does object, it is the responsibility of the party filing the motion to set the motion for hearing. Except for exigent circumstances, a motion for a continuance shall be made at least 3 working days prior to the hearing for which the continuance is requested.

   Stipulations for continuances for hearings scheduled for more than 1 hour are subject to the approval of the court. The court will consider the reasons given, the progression schedule, and the availability of an alternate date. All orders for a continuance of a hearing will specify the date and time of the rescheduled hearing.

   It shall be the duty of the party directed by the court to promptly prepare a proper journal entry, order, judgment, or decree. The proposed journal entry shall be submitted to opposing counsel or party for approval as to form and content and then submitted to the court for its signature within 10 days after the entry of the decision or order. Should a party or attorney object to the form or content of the journal entry, he or she should notify the court immediately of any requested change. The court will determine the final language of the order.  As to all journal entries which constitute a judgment within the meaning of Neb. Rev. Stat. § 25-1301.01 (Reissue 2008), the clerk shall file a certificate in the court file showing that a notice has been mailed to all parties of record or their attorneys. The clerk shall refuse to issue an execution, order of the sale, fee bill, or other final process founded upon such decision or order in any case until the same is properly journalized and signed.

   A. Pro se litigants may submit hand-written pleadings. Such pleadings shall be in ink and shall not contain erasures or interlineations materially defacing the pleading.

   B. All pleadings shall have a 1½-inch margin at the top of each page, and the text of the pleading shall be 1½ or double-spaced.

   C. Pleadings submitted by a pro se party shall contain the name, address, and telephone number of the pro se party offering the pleading.

   D. After filing of the initial pleading, copies of all other pleadings shall be served upon all parties of record or if represented, the attorney. Every pleading shall contain a proof of service.

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

   F. Additional Parties: In no case, after the complaint or other pleading has been filed, shall any party be added to such action without first obtaining an order of the court granting such leave.

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

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

   I. Costs: Except for criminal cases and proceedings wherein a poverty affidavit is filed and approved by the court, court costs shall be paid when actions are commenced and thereafter, when liability for additional costs accrue. An attorney is responsible to the clerk for costs incurred at the attorney's request and shall immediately pay the same upon receipt of the clerk's statement of such fees.

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

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

   2. By agreement of the parties, for extraordinary circumstances, and with permission of the Court, any court proceeding, except jury trials, maybe conducted by remote technology.

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

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

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

   C. For court proceedings conducted by remote technology, a party intending to offer exhibits shall provide the exhibits to the court reporter and all opposing parties 48 hours prior to the hearing, or as otherwise provided by law or the local court rules. Exhibits or affidavits that exceed an aggregate total of twenty (20) pages shall be submitted to the Court in hard copy.

   D. This Rule is meant to be consistent with Neb. Rev. Stat. §§ 24-303(2), 24-734(3) through (5), and 25-2704(2).

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

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

Amended October 26, 2022.

   A. Availability of Counsel During Jury Deliberations: Counsel and parties shall be available on such notice, as ordered by the court during jury deliberations. In civil cases, in the event of a verdict or a question by the jury, parties and counsel shall be present within 15 minutes of notification. Failure of a party or counsel to appear will constitute a waiver of appearance. The clerk or bailiff should be kept informed of where counsel will be at all times when the jury is deliberating, unless excused by the court.

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

   All correspondence with the court regarding pending litigation shall refer to the case by case title, number, and county, and a copy of the correspondence shall be mailed to opposing counsel or party if not represented. If the correspondence requests the court's transmittal of documents, a pre-addressed, stamped envelope shall be enclosed by the requesting party or counsel. 

   A. An attorney, title examiner, or bonded abstractor shall be permitted to withdraw an inactive civil file from the custody of the clerk. The clerk shall take a receipt from the person removing the same, giving the title of the case on the appearance docket, number of the case, the date when taken, and the date on which the file will be returned. The file shall be returned forthwith upon the filing of any pleading in the case or within 3 days after withdrawal, whichever is earlier. Failure to return a file promptly, in accordance with the receipt, will result in suspension of the right to withdraw files.

   B. No person shall be granted permission to withdraw original bonds, or files pertaining to inquests, insanity proceedings, or mental health proceedings.

   C. No active file may be withdrawn without specific written approval of the district judge or clerk of the court.

   D. No criminal file may be withdrawn at any time regardless of whether the case is pending or completed.

   A. Pursuant to the discovery rules of the Supreme Court, depositions will not be filed with the clerk of the court, but delivered by the reporter to the possession of the attorney taking such deposition. The reporter shall, however, file with the clerk of the court a certificate confirming that such deposition was taken, naming the witness, the date and place of the deposition, the person to whom the deposition was delivered, the date of delivery, and the cost of the deposition. The certificate shall be filed prior to the trial or other disposition of the case.

   B. When it becomes necessary or appropriate to introduce any pleading from another case into evidence, such shall be received into evidence by the court only upon the condition that copies be substituted for the originals so offered. Such copies must be of a permanent type and of a quality acceptable to the reporter for use in any record on appeal.

   C. At no time shall any original pleading or filing be incorporated into any transcript or bill of exceptions, but this shall at all times remain in the custody of the clerk of the court unless otherwise ordered by the court.

   D. Interrogatories and requests for admission shall not be filed as pleadings in any case, but may be submitted as exhibits to motions to compel or other motions addressed to the performance or limitation of such discovery.

   E. Interrogatories or requests for admission shall have sufficient space below the interrogatory or request for the responding party to answer. Answers to interrogatories or requests for admission shall be typed with the answers following the question. If there is insufficient space, or if preferred by the responding party, the responding party may simply retype all of the questions and provide the answers in the appropriate places within the new document.

   F. Requests for relief under the discovery rules of the Supreme Court must be supported by a representation, by the moving party, that sincere efforts have been made to resolve differences before seeking the relief.

   A. The following schedule denotes the number of days prior to a date of hearing a notice of such hearing shall be served upon a party to constitute prima facie proof of "reasonable notice" (unless a longer period is required by a specific statute):

   1. Five (5) working days for all temporary hearings and restraining orders in dissolution actions, motions in civil actions, and all motions or arraignments in criminal actions;

   2. Thirty (30) calendar days from date of service for contempt actions;

   3. Fourteen (14) calendar days for release of liens, consent to adoption, modifications, final hearings in dissolution actions, pretrials in civil actions, and other non-jury civil actions.

Where notice is given by U.S. mail rather than by personal service, add 1 day for addressee in the same city, 2 days for addressee in state but outside the city, and 3 days for addressee outside state. The court may approve notices served or mailed not meeting the above guideline requirements where the court determines from the facts that "reasonable notice" has been given. Period of service will be considered waived when party to be served appears in person or by attorney without making specific objection to the period of service.

   B. When directed by the court, the clerk shall prepare a list of pending civil cases in which no action has been taken for 4 months. An order may then be entered requiring that cause be shown, within 30 days from entry of order, as to why said case should not be dismissed for lack of prosecution. Notice of said order shall be sent to all attorneys of record and pro se parties. If good cause is not shown, such cases shall be dismissed.

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

   A. Recites a reason for withdrawal and that the motion to withdraw has been served upon the client and all parties of record;

   B. Provides the client's last known mailing address; and

   C. Recites whether there is a hearing currently scheduled in the case.

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

   A. Ordinary business attire for male attorneys shall include a jacket and tie.  Ordinary business attire for female attorneys shall include a jacket.

   B. Absent court permission, no person shall use a computer, recording device, photo imaging device, or a cellular telephone for any purpose, including the taking of pictures in the courtroom. Computers, recording devices, cameras, and cellular telephones are subject to confiscation for violation of the rule.

   C. Upon order of the court, any person may be subjected to a search of his or her person for possession of computers, recording devices, cellular telephones, and photo imaging devices.

   D. Litigants, witnesses, counsel, and spectators shall not mingle or converse with jurors.

   Parties shall submit briefs in support of, or in opposition to, a motion for summary judgment or motion to dismiss. Briefs shall identify the elements of each cause of action and shall contain a separate statement of each material fact with reference to the specific document, (by page and line) establishing that fact. The moving party shall provide opposing counsel its brief 3 days prior to the hearing. Opposing counsel shall have such time to respond as authorized by the court at the time of the hearing.

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

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

3. GENERAL.

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

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

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

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

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

4. COURT-APPOINTED ATTORNEY LIST.

1. Each clerk magistrate shall maintain a court-appointed attorney list from which attorneys shall be appointed to represent indigent defendants. The list shall include the name, address, phone number, email, and Nebraska bar number for each attorney who is willing to accept appointments to criminal, juvenile, and civil (child support) cases in the judicial district.
    
2. Attorneys may contact the county court in each county and, by completing and submitting a registration form, request the clerk magistrate to place them on, or remove them from, the respective court’s court-appointed list. A sample registration form is attached, and additional registration forms are available in both the county court offices. (*Note: Separate registration forms need to be completed and submitted for each of the courts, district and county, for each of the counties for which the attorney seeks to be placed upon that respective court appointment list.)

3. Each clerk magistrate shall make the court-appointed list of attorneys available upon request.

5. METHOD OF SELECTION FROM COURT-APPOINTED LIST.

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

1. the nature and complexity of the case;

2. an attorney’s experience;

3. the nature and disposition of the defendant;

4. a language consideration;

5. a conflict of interest;

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

7. geographical considerations;[2] and

8. other relevant factors that may be involved in a specific case.

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

6. REMOVAL AND REINSTATEMENT FROM APPOINTMENT LIST.

1. Judges will monitor attorney performance on a continuing basis to ensure the competency of attorneys on the list. An attorney may be removed from the appointment list by a majority vote of county court judges.

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

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

  A. This rule is adopted and shall govern emergency modified court operations for the District Court of the Tenth Judicial District.

   B. These procedures and policies shall apply when it has been determined by the presiding judges that normal court operations are not possible.

   C. Emergency modified court operations shall be implemented by the presiding judges of the District and County Courts in consultation with local stakeholders, which shall include the County Board, local law enforcement officials, local health authorities, probation, and the District Court Clerk and County Court Clerk Magistrate.

   D. Notice of Emergency Modified Court Operations shall be posted at the Courthouses, through local media outlets and on District and County websites, or through any other method determined by the presiding judges.

   E. In the event normal court operations are interrupted, Emergency Modified Court Operations shall be implemented in order to maintain essential functions of the court, including:

   1. Criminal proceedings;

   2. Receipt of filings;

   3. Processing of warrants;

   4. Juvenile intake/ detention filings;

   5. Processing of appeals;

   6. Any proceedings required by law;

   7. Protection orders;

   8. Landlord/tenant proceedings; and

   9. Any other matters determined to be “essential” by the presiding judges.

   F. Depending on the reason for Emergency Modified Court Operations, the presiding judges shall develop procedures in order to carry on essential functions, which may include: use of remote technology, temporary physical relocation of the courts, alternate document filing methods, and access to the courts by the public.

   G. The presiding judges of the Tenth Judicial District shall determine when the courts shall return to normal operating procedures. Notification of the return to normal operating procedures shall be posted by the methods prescribed in section D, above.

Approved April 5, 2023.

   It is the duty of a pro se party needing an interpreter or counsel for a party needing an interpreter to notify the clerk of the district court 10 days prior to any hearing of the need for an interpreter. It shall be specified whether an interpreter is needed for one of the parties and/or one or more witnesses. It is not permissible for the parties to use a friend or relative as an interpreter. The cost for an interpreter is not assessed to the parties.

   Persons who are not practicing attorneys may use a county law library only with court approval. No books shall be removed from a library unless signed for in the office of the clerk or other custodian. All books must be returned to the library within 1 week from the date taken and returned to their proper places by library users. The bar association of each county shall select one or more of its members to advise and consult with the court on matters pertaining to library maintenance and regulation for that county. Additional library rules may be ordered by the court and conspicuously posted in the office of the clerk and library. 

   A. FILINGS:

   1. Every party in a dissolution case involving minor children shall file a complaint containing all matters required by statute and court rule. The complaint must contain the name and address of the plaintiff and his or her attorney, except that a plaintiff living at an undisclosed location for safety concerns is only required to disclose the county and state of his or her residence and provide an alternative address for the mailing of notice.

   2. Unless a plaintiff has requested to proceed in forma pauperis, the statutory filing fee must accompany the complaint.

   3. A properly completed Department of Health Bureau of Vital Statistics form shall be filed in each dissolution of marriage or annulment action, and no decree will be entered unless the form is completed in full.

   4. Each complaint must be accompanied when filed with a fully completed Confidential Party Information Form, including Social Security numbers, a statement of gender, and birthdays.

   5. If the parties have developed a parenting plan, the complaint shall so plead. Alternatively, if there are issues of custody, parenting time, or other matters that are not contested, those items should be pled as well.

   6. All complaints for dissolution of marriage involving children must be accompanied by an affidavit from plaintiff's counsel stating that counsel has provided the plaintiff the Nebraska Parenting Act Information Brochure and has had a copy of the brochure served with summons upon the defendant or has provided a copy of the brochure to a pro se defendant who has submitted a voluntary appearance. For all other defendants, counsel for plaintiff shall serve a copy of the Nebraska Parenting Act Information Brochure with summons with verification of service contained in the return.

   7. The court, on its own motion, and after hearing, may strike and dismiss at plaintiff's costs, any complaint for dissolution where there is a failure to comply with any of the rules set forth above.

   B. PROPERTY DIVISION AND PROPERTY STATEMENTS:

   1. When the action involves the division of property by the court or by property settlement, both parties shall file a property statement. The only form accepted shall be the form attached to these rules. See Appendix #1.

   2. To avoid problems in identification of specific property, the party filing the action shall have 60 days from the date of filing of the complaint to prepare and file a property statement, furnishing a copy to the defendant, if pro se, or to defendant's attorney of record.

   3. The defendant must then complete the property statement by adding any additional property and inserting estimates of value. The defendant's completed property statement must be filed within 30 days after the plaintiff's property statement, and a copy furnished to plaintiff, if pro se, or to the plaintiff's attorney of record. Either party may receive an extension of time for filing or completing a property statement upon written motion and good cause shown.

   4. Failure to timely file a property statement by the plaintiff in accordance with these rules may result in the court's dismissing the action after notice by the court. Failure of the defendant to timely file a property statement in accordance with these rules may result in the court's accepting the plaintiff's property statement and prevent the defendant from disputing the plaintiff's property statement after notice by the court. Final hearing or a pretrial conference will not be scheduled until one completed property statement is on file.

   5. When property division is contested at final hearing, the parties shall prepare a combined property statement for use as an exhibit. Under no circumstances will the court allow more than one property statement to be used, except for purposes of impeachment.

   6. Amendments to property statements or values thereon shall not be used unless filed at least 10 days before trial, except by agreement of the parties or special permission of the court. Parties will, however, be permitted to correct amounts for bank accounts and debts at the time of trial.

   C. TEMPORARY HEARING:

   1. In all cases where a party seeks a temporary order relating to custody, parenting time, visitation, or other access, that party shall file and offer a Temporary Child Information Affidavit verified to the extent known or reasonably discoverable by the filing party or parties. Parties responding to such affidavits shall ensure that their affidavits conform to the same format. No temporary orders for custody or parenting time will be considered unless such an affidavit is completed and provided to the court.

   2. Affidavits offered at the temporary hearing must be typed and comport with Rule 10-4(B). Affidavits offered by pro se parties must comport with Rule 10-4(A).

   3. The court may require either party to exercise the option to obtain health insurance available through an employer or other organization which may extend coverage to children affected by the decree. Availability of insurance shall be disclosed in the parties' affidavits. In the absence of disclosure, the court may presume that full coverage is available through the nondisclosing party. Each party has a continuing duty to disclose available insurance.

   4. All applications for temporary allowances (child support/ alimony) shall include a fully completed Financial Affidavit for Child Support and a proposed child support calculation using worksheet 1 of the Nebraska Child Support Guidelines and such other worksheets as the parties' circumstances may require. Parties responding to such affidavits shall follow the same format. All child support calculations shall be accompanied by the tax returns, current wage stubs, and other information concerning the resources of the parties as required by the Nebraska Child Support Guidelines.

   5. All Temporary Child Information Affidavits, financial affidavits for child support, and other affidavits offered in support of custody, child support, parenting time, and alimony shall not be filed in the main court file but shall be offered at the temporary hearing and retained by the court reporter. No affidavits will be e-filed. It is the obligation of attorneys submitting affidavits to redact from the affidavits all irrelevant material and hearsay prior to them being offered.

   6. All applications for temporary orders shall be heard solely upon affidavits, proposed calculations of child support obligations under the Nebraska Child Support Guidelines, and the arguments of counsel, except ex parte hearings as provided by statute. Initial affidavits shall NOT be considered unless they are served upon the opposing party during the business day, 2 business days before the hearing (i.e., for a temporary hearing on Monday, the affidavits need to be served during the business day on Thursday). If responsive affidavits are required, they shall be received by the court within 3 business days after the hearing. Absent prior approval by the court and notwithstanding the Temporary Child Information Affidavit, no more than 20 affidavit pages, exclusive of exhibits, will be considered by the court. Temporary orders shall include all matters required by Neb. Rev. Stat. § 43-2930(2).

   D. EX PARTE CUSTODY ORDER:

   No ex parte order shall be entered in a domestic relations case without one or more supporting affidavits from a party or his or her witnesses. Except for good cause shown, no ex parte temporary order shall be entered in a pending case if the opposing party is represented by counsel or a guardian ad litem has been appointed. If an ex parte order is issued, it shall be served upon the opposing party or counsel forthwith, and a temporary hearing shall be held forthwith. Ex parte orders for temporary custody of children require a showing of a substantial risk of harm to the child(ren).

   E. CONTESTED CUSTODY/GUARDIAN AD LITEM:

   If an issue of custody of minor children is present, the court may appoint a guardian ad litem for the minor child(ren) involved. The court will order an initial deposit for fees to be paid by the parties into court. Initial fees shall be allocated between the parties in the discretion of the court, subject to modification and the assessment of additional fees at the time of final hearing. Those claiming indigence may apply to the court with accompanying affidavit for waiver of such fee assessment.

   F. NOTICE:

   In all cases, except where service was obtained by publication and no answer has been filed, notice of final hearing is required to both parties.

   G. VOLUNTARY APPEARANCE:

   1. A voluntary appearance must be notarized.

   2. The voluntary appearance must contain an address to which any notices may be mailed to the defendant and the telephone number where the defendant may be reached. To comply with the statutes, it shall also contain a receipt for a copy of the complaint and Nebraska Parenting Act Information Brochure. If no receipt is included, the clerk of the district court shall mail a copy of the brochure to the defendant.

   H. RESTRAINING ORDERS:

   Temporary restraining orders shall be limited to the three items enumerated in Neb. Rev. Stat. § 42-357.

   I. PARENTING EDUCATION COURSES:

   1. Parties to a domestic relations proceeding involving children are required to attend a parenting education program approved by the Administrative Office of the Courts. Attendance at the program by both parties shall be completed within 60 days from the service of process. This requirement includes filings for dissolution of marriage and determination of paternity cases which involve issues of custody, parenting time, visitation, or other access with the child. Participation in a course may be delayed or waived by the court for good cause shown.

   2. Failure or refusal by any party to participate in the required course shall not delay the entry of a final judgment or order modifying a final judgment in such action by more than 6 months and shall in no case be punished by incarceration.

   3. Each party shall be responsible for his or her own costs in attending a parenting education course.

   4. At the request of either party, or based upon screening or recommendation of an attorney or mediator, the parties shall be allowed to attend separate courses or to attend the same course at different times, particularly if child abuse or neglect, domestic intimate partner abuse, or unresolved parental conflict is or has in the past been present in the relationship, or if one party has threatened the other.

   J. MEDIATION:

   1. Except as otherwise provided in Neb. Rev. Stat. § 43-2937(4), when the parties are unable to negotiate a parenting plan which satisfies the requirements of the Nebraska Parenting Act, then the parties are required to meet and confer with a mediator or facilitator to complete the parenting plan and to resolve all issues of child custody, parenting time, visitation, grandparent visitation, other access, or any other issues relating to the children that might be susceptible to mediation or the specialized alternative dispute resolution process.

   2. Prior to commencing an initial mediation session, the mediator shall provide an initial, individual screening session with each party to assess the presence of child abuse or neglect, unresolved parental conflict, domestic intimate partner abuse, or other forms of intimidation or coercion, or a parties' inability to negotiate freely and make informed decisions. If any of these conditions exists, the mediator shall direct the parties to a specialized alternative dispute resolution facilitator to address the mediator's concerns.

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

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

   5. No trial date or other dispositive hearing will be scheduled until attendance at the required parent education seminar has been completed and mediation or other specialized alternative dispute resolution process has been attempted to resolve the necessary issues. Failure or refusal of a party to participate shall not delay entry of the final judgment for more than 6 months. Notwithstanding the language in this rule, issues of domestic violence, domestic intimate partner abuse, or child abuse or neglect may, upon consideration by the trial court, disqualify the parties from parent education, mediation, or the specialized alternative dispute resolution process.

   6. To the extent that the matters set forth below are not addressed in the Nebraska Parenting Act notification currently provided by the clerk of the district court to the parties, the clerk of the district court shall provide a statement to the parties that their attendance at an approved parenting education class is mandatory and must be completed within the timeframe specified in this rule. The notice shall also notify the parties and counsel that the parenting plans and issues of child custody, parenting time, visitation, or other access with the child will be referred for mediation or specialized alternative dispute resolution if the parties are unable to arrive an appropriate and agreed upon plan; that no trial or other dispositive hearing will be scheduled until attendance at the required parent education seminar has been completed and mediation or specialized alternative dispute resolution to resolve issues of custody, parenting, visitation, or other access has been attempted; that failure or refusal to participate by a party shall not delay entry of a final judgment for more than 6 months; that issues of domestic violence, domestic intimate partner abuse, or child abuse or neglect may, upon consideration by the trial court, disqualify the parties from parent education, mediation, or the specialized alternative dispute resolution process. This notification shall be included in the initial service packets distributed by the clerk.

   7. The clerk of the district court shall maintain a list of mediators and facilitators approved by the district court judges and the Administrative Office of the Courts. All mediators and facilitators must meet the standards set by the State of Nebraska for training in order to qualify. All participating mediators and facilitators are allowed to determine their own fees and to provide a copy of the fee schedule to the clerk of the district court.

   8. Mediators and facilitators shall participate in training to enable them to recognize child abuse or neglect, domestic intimate partner abuse, and unresolved parental conflict and its potential impact upon children and families. Mediators and facilitators shall also comply with all qualification requirements established by the Administrative Office of the Courts and the statutes of the State of Nebraska.

   9. A judge may refer a case or a portion of a case to mediation or to the specialized alternative dispute resolution process. If such referrals are made by the court, the court will indicate the particular issues that are the subject of the mediation and dispute resolution process.

   10. If the parties reach an agreement through mediation or its specialized alternative dispute resolution process, the agreement shall be reduced to writing. The mediator or the facilitator shall provide copies of the agreement to the parties and their attorneys, together with a notice informing the parties and their attorneys of their right to express their objections to the written agreement. The notice shall inform the parties and their attorneys that they have 14 days from the date of the notice to notify the mediator or facilitator of any objections. Such objection shall be specific but shall not violate the statutory protections of confidentiality or privilege of the parties and the written objection shall be specific and shall not be filed with the clerk of the district court or in any way be communicated in violation with the statutory protections of confidentiality or privilege.

   11. Upon filing of an objection, the mediator or facilitator shall schedule a remediation or refacilitation session on the disputed issues identified in the written objection. The mediator or facilitator may charge additional fees for the remediation or refacilitation session. At such time as the agreement becomes final or the remediation session becomes final, counsel or the mediator or facilitator shall send a final copy of the agreement to the trial judge.

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

   13. All evidentiary hearings requesting that mediation be waived shall be heard on affidavits only.

   K. FINAL HEARINGS/PRETRIAL CONFERENCES:

   Final hearings in all dissolution cases shall be set by the court for 15 minutes unless the court is notified by either party that 15 minutes is not sufficient. When notified that the trial will be in excess of 1 hour, the matter will be set for a pretrial conference. Parties shall fully comply with the requirements of the court's pretrial order. In disputed custody cases, no pretrial shall be scheduled until mediation has been attempted.

   L. CHILD SUPPORT AND OTHER FINANCIAL MATTERS:

   All parties seeking an order for child support and/or apportionment of expenses for medical support, including provisions for medical, dental and eye care, medical reimbursement, daycare, and extraordinary expenses of the child shall submit a Final Financial Affidavit For Child Support and a final proposed calculation of the parties' child support obligations using worksheet 1 of the Nebraska Child Support Guidelines and such other worksheets as the parties' circumstances may require.

   M. LEAVING THE STATE:

   Every temporary or permanent order awarding child custody shall contain language substantially as follows:

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

   1. Make written application to the court, including proposed changes in the visitation schedule and costs of transportation;

   2. Obtain service of the application and give notice of the hearing to the other party; and

   3. Establish that the move is in the child's best interests.

   N. NOTICE OF MOTIONS OR MODIFICATIONS AND JUDGMENT:

   Employment of attorneys shall be deemed to have terminated after judgment.  Except for motions for new trial, it is not sufficient to serve a party's attorney for postjudgment proceedings. Complaints for modification of a child support decree or custody decree require the issuance and service of summons as in a new action.

   O. SOCIAL SECURITY NUMBERS AND ACCOUNT NUMBERS:

   Social Security numbers should not be contained in any pleading filed in the court file. No pleading or other document filed with the court and no exhibit used at trial shall contain a complete account number for any financial accounts or debts of any party. The same shall be redacted to the extent necessary to protect the information from misuse. By agreement of the parties, or as directed by the court, such information shall be identified in such a manner so the parties, counsel, and court can distinguish information between similar accounts or debts.

   All lawyers providing limited scope representation to a client shall do so pursuant to the terms of Neb. Ct. R. of Prof. Cond. § 3-501.2. If such representation is done pursuant to Neb. Ct. R. of Prof. Cond. § 3-501.2(d), the lawyer shall file a "Limited Appearance." The "Limited Appearance" shall contain: (1) a written acceptance by the client setting forth the client's understanding of the scope, nature, and acceptance of the representation and (2) a statement that all pleadings, motions, and notices should be sent to the lawyer entering the "Limited Appearance." When the representation is complete, the lawyer shall file within 10 days a "Certificate of Completion of Limited Representation" with the court. The certificate shall contain a statement that all future pleadings, motions, and notices should be sent directly to the pro se litigant. An order of the court allowing the lawyer to withdraw is not required. 

   An Information in a criminal case shall have noted thereon the statute under which each count of the complaint is brought, the class of offense, and the penalty for the same. Except for good cause shown, an Information shall be filed within 30 calendar days after bind over from county court or the case will be dismissed without prejudice.

   It is the duty of defense counsel to notify the clerk of the district court 10 days prior to any hearing of the need for an interpreter for the defendant or any of its witnesses. If the county attorney needs an interpreter for its witnesses, it shall notify the clerk of the district court within 10 days prior to any hearing. 

   Except as otherwise provided by law or order of the court, all motions shall be in writing and filed within 10 days of oral notification of a party's intent to file the same. In the absence of such oral notification the motion shall be filed within 5 working days of the requested hearing, unless otherwise ordered by the court.

   At the time any such motion is filed, counsel shall obtain a hearing date from the bailiff and provide a written notice of hearing, unless the same is noted in a previous order. A notice of hearing shall be required for each such motion, even if additional motions are scheduled for hearing in the same case. The notice of hearing shall be mailed by regular U.S. mail, postage prepaid, or personally delivered to opposing counsel or a pro se defendant at least 5 working days prior to said hearing.

   Hearings on motions to suppress evidence and matters requiring more than 5 days notice shall be set as designated by the court, and a notice of hearing shall be provided to counsel or a pro se defendant as set forth above.

   In criminal cases, journalizing shall always be the responsibility of the county attorney.

   The court shall be advised of jury cases ready for trial at each criminal pretrial session held by the court. Cases will be prioritized based on speedy trial considerations and whether or not the defendant is incarcerated.

   No criminal case set for trial will be continued unless a written motion for a continuance, supported by sufficient affidavits, is filed by the moving party. If the motion is based upon the want of testimony by an absent witness, the affidavit shall state the substance of the witness' testimony and set forth efforts that have been made to secure such testimony. 

   Court-appointed counsel shall be paid an hourly fee established by the court and kept on file with the clerk. Before court-appointed counsel's claim for payment is allowed, such attorney shall file a written motion for fees, positively verified, itemizing the time and expenses spent on the case. All motions for fees shall be transmitted to and reviewed by the county attorney. The county attorney shall note any objection to the claim and initial the claim and forward it to the court. If the county attorney has no objection, he or she shall initial the claim and forward it to the court. 

I. PURPOSE.

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

II. APPLICABILITY.

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

III. GENERAL.

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

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

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

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

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

IV. COURT-APPOINTED ATTORNEY LIST

   A. Each clerk of the district court shall maintain a court-appointed attorney list from which attorneys shall be appointed to represent indigent defendants. The list shall include the name, address, phone number, email, and Nebraska bar number for each attorney who is willing to accept appointments to criminal and civil (paternity/child support) cases in the judicial district.

   B. Attorneys may contact the district court clerk in each county and, by completing and submitting a registration form, request the clerk of the district court place them on the court's court-appointed list. A sample registration form is attached as Appendix B, and additional registration forms are available in each district court clerk's office.

   C. An attorney may be removed from the list by making a written request to the clerk of the district court.

   D. Each clerk of the district court shall make the court-appointed list of attorneys available upon request.

V. METHOD OF SELECTION FROM COURT-APPOINTED LIST

   A. The Court will generally attempt to appoint attorneys from the court-appointed attorney list on a rotational basis, subject to the court's sole discretion to make exceptions due to:

   1. the nature and complexity of the case;

   2. an attorney's experience;

   3. the nature and disposition of the defendant;

   4. a language consideration;

   5. a conflict of interest;

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

   7. geographical considerations; ^[2] and

   8. other relevant factors that may be involved in a specific case.

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

VI.  REMOVAL AND REINSTATEMENT FROM APPOINTMENT LIST

   A. Judges will monitor attorney performance on a continuing basis to ensure the competency of attorneys on the list. An attorney may be removed from the appointment list by a majority vote of district court judges.

   B. If an attorney is under consideration for removal from the list, written notification will be given indicating the concerns with his or her performance giving rise to consideration for removal and the attorney will be given the opportunity to respond in writing or in person before a final decision is made.

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

Rule 10-24 approved October 22, 2014.

   [1] The court may appoint an attorney present in court when a defendant appears and wants to speak to an attorney immediately to discuss a resolution of the case. The court may also appoint an attorney who is known to be available on the next regularly scheduled court date.

   [2] The court may appoint an attorney who is in the closest geographical proximity to the court before considering the appointment of another attorney in order to avoid the costs of travel time for attorneys and mileage expenses, for the convenience of the defendant in consulting with a local attorney, and for the convenience of the court in scheduling cases.

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

   (1) The District 10 Problem-Solving Court programs shall be presided over by a district judge selected by the district court judges.

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

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

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

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

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

   (a) Drug Court:

   (i) Presiding judge(s): Stephen R. Illingworth

   (ii) Successor judge(s): Terri S. Harder

   (b) Veterans Treatment Court:

   (i) Presiding judge(s):                                                                        

   (ii) Successor judge(s):                                                                      

   (c) Young Adult Court:

   (i) Presiding judge(s):                                                                        

   (ii) Successor judge(s):                                                                       

Rule 10-25 approved May 10, 2017.

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

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

   2. By agreement of the parties, for extraordinary circumstances, and with permission of the Court, any court proceeding, except jury trials, may be conducted by remote technology.

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

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

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

   C. For court proceedings conducted by remote technology, a party intending to offer exhibits shall provide the exhibits to the court and all opposing parties 48 hours prior to the hearing, or as otherwise provided by law or the local court rules. Exhibits or affidavits that exceed an aggregate total of twenty (20) pages shall be submitted to the Court in hard copy.

   D. This rule is meant to be consistent with Neb. Rev. Stat. §§ 24-303(2), 24-734(3) through (5), and 25-2704(2).

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

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

Approved October 26, 2022.

   A. This rule is adopted and shall govern emergency modified court operations for the District Court of the Tenth Judicial District.

   B. These procedures and policies shall apply when it has been determined by the presiding judges that normal court operations are not possible.

   C. Emergency modified court operations shall be implemented by the presiding judges of the District and County Courts in consultation with local stakeholders, which shall include the County Board, local law enforcement officials, local health authorities, probation, and the District Court Clerk and County Court Clerk Magistrate.

   D. Notice of Emergency Modified Court Operations shall be posted at the Courthouses, through local media outlets and on District and County websites, or through any other method determined by the presiding judges.

   E. In the event normal court operations are interrupted, Emergency Modified Court Operations shall be implemented in order to maintain essential functions of the court, including:

   1. Criminal proceedings;

   2. Receipt of filings;

   3. Processing of warrants;

   4. Juvenile intake/ detention filings;

   5. Processing of appeals;

   6. Any proceedings required by law;

   7. Protection orders;

   8. Landlord/tenant proceedings; and

   9. Any other matters determined to be “essential” by the presiding judges.

   F. Depending on the reason for Emergency Modified Court Operations, the presiding judges shall develop procedures in order to carry on essential functions, which may include: use of remote technology, temporary physical relocation of the courts, alternate document filing methods, and access to the courts by the public.

   G. The presiding judges of the Tenth Judicial District shall determine when the courts shall return to normal operating procedures. Notification of the return to normal operating procedures shall be posted by the methods prescribed in section D, above.

Approved April 20, 2022.