These rules shall govern the procedure of the Separate Juvenile Court for Douglas County, Nebraska, insofar as they are applicable and are not inconsistent with any statute of the State of Nebraska or any rule or order of the Nebraska Supreme Court having the force of law.

   2.1. The judge shall require order and decorum in proceedings before the judge.

   3.1. Within fifteen (15) days of the filing of a petition, the county attorney shall make available to opposing counsel, self-represented litigants, and all guardians ad litem, all discoverable documents or other evidence in the county attorney’s possession that supports the filing of such petition. All counsel and self-represented litigants are obligated to request and obtain such documents or other evidence from the county attorney’s office. The county attorney shall timely supplement, as additional documents or other discoverable materials become available.

   3.2. The Court shall hold a pretrial conference within twenty-one (21) days of the detention hearing or arraignment, whichever is first, for any petition filed pursuant to Neb. Rev. Stat. § 43-247(3)(a), (3)(b), or (3)(c).

   3.3. The court shall hold an arraignment and/or pretrial conference within twenty-one (21) days of the filing of a petition filed pursuant to Neb. Rev. Stat. § 43-247(1), (2), or (4). 

   3.4. At the pretrial conference, all counsel and self-represented litigants shall be prepared to advise the Court of the following:

   a. The number of witnesses anticipated by each party to testify;

   b. The amount of time needed for presentation of evidence by each party;

   c. Whether agreement has been reached by the parties regarding pretrial motions, the exchange of witness lists, and identification of exhibits, and the proposed deadlines for each;

   d. Identification of controverted and uncontroverted issues, and other related matters;

   e. Stipulations regarding the advisability or necessity of evaluations to be performed  before adjudication, to wit: (1) the reason(s) for the evaluation; (2) the nature of the evaluation; (3) the person(s) upon whom it is to be performed; (4) the arrangements made or that need to be made to obtain the evaluation; and (5) the time needed to complete the evaluation and for the parties to obtain the written report; and (6) the cost of the evaluation and the party responsible for payment;

   f. Stipulations regarding foundation or other matters relating to the admissibility of evidence;

   g. Whether in-chambers testimony will be requested and any objections thereto;

   h. Whether an interpreter is required, and if so, the language for which interpretation is required;

   i. Whether audiovisual or other assistive technology of any type is required;

   j. Whether any counsel, the parties, or witnesses require any special health needs accommodations by the Court;

   k. Whether the parties are in such substantial disagreement regarding material pretrial matters that they believe a formal pretrial hearing is necessary;

   l. Whether plea agreements have been reached;

   m. Any known or anticipated security concerns; and

   n. Whether transportation arrangements are needed for a party or witness due to incarceration or placement in a facility. Counsel shall be responsible for making the necessary arrangements for transport, including, but not limited to, filing the necessary pleadings.

   3.5. Lack of response from counsel or a client shall not be good cause to continue a pretrial matter. Counsel and self-represented litigants must abide by the case progression standards set forth in the Nebraska Supreme Court Rules.

   4.1. Contested Motions:

   a. All motions shall state, with clarity, the specific relief sought.

   b. All motions, unless stipulated to by the parties, shall be in writing, shall contain a complete certificate of service, and shall contain a notice of hearing. All motions must be filed at least three (3) judicial days before the scheduled hearing on the motion. Failure to timely file may result in the motion not being heard by the Court.

   c. Prior to scheduling the motion, the attorney for the party seeking the hearing shall consult the Court’s bailiff to obtain a hearing date and time for the motion.

   d. In the event of vacation, illness, or other prolonged absence of the judge to whom the case is assigned, the attorney seeking a hearing upon a motion shall contact the Juvenile Court Administrator’s office for assistance.

   4.2. Uncontested Motions: The Court may grant a motion that is uncontested by the parties without a hearing, as follows:

   a. An uncontested motion may be signed by all counsel/self-represented litigants and state the following:

   i. All other parties and counsel have no objection to the relief requested in the motion, and

   ii. Counsel for the moving party has provided all other counsel with a copy of the motion and proposed order to be entered upon the motion.

   b. All uncontested motions shall be accompanied by a proposed order.

   c. The Court may require the moving party to submit a proposed order signed by all counsel and self-represented litigants, designated “approved as to form and content.”

   d. Counsel for the moving party shall promptly send/distribute a copy of the signed order to all counsel and self-represented litigants of record.

   4.3. Ex Parte Motions:

   a. A probable cause hearing shall be held within twenty-four (24) hours or on the next judicial day when a juvenile has been detained for an act, other than a traffic offense, that would constitute an infraction, a misdemeanor, a felony offense, or probation violation under the laws of this state.

   b. A hearing shall be held within ten (10) judicial days of the date of entry of an ex parte order granting immediate temporary custody of a child to the Nebraska Department of Health and Human Services or another suitable person in a case filed pursuant to Neb. Rev. Stat. § 43-247(3)(a).

   c. All other ex parte motions shall be heard within ten (10) judicial days after an order granting said ex parte motion is entered.

   d. Emergency contact with the Court for ex parte orders shall first be attempted through the assigned judge. If the assigned judge is unavailable, then through the duty judge.

   4.4. Motions for Continuance:

   Motions for continuance must be supported by an affidavit as required in Neb. Rev. Stat. § 25-1148 and shall set forth whether the opposing party(s) has an objection. If the opposing party(s) does not object to a continuance, the movant is responsible for scheduling a new date and time with all opposing parties and the court. If the opposing party does object, it is the movant’s responsibility to schedule the motion for hearing with the court. Except in exigent circumstances, a motion for continuance shall be filed three (3) judicial days before the hearing for which continuance is requested.

   5.1. All documents, including, but not limited to, predisposition reports, case plans, progress/probation reports, and guardian ad litem reports shall be delivered to all counsel, self-represented litigants, and the court reporter at least five (5) judicial days before the hearing in which the documents are to be offered. Counsel and self-represented litigants are responsible for ensuring their respective exhibits are in proper form. Absent good cause shown on the record, failure to comply with this rule may result in disallowance of exhibits.

   5.2. The party offering an exhibit shall have the exhibit marked by the court reporter before the hearing begins. Exhibits shall not contain any unrelated attachments.

   6.1. All pleadings, motions, affidavits, and proposed orders shall comply with Nebraska Supreme Court Rules as to size, text, and fonts:

   6.2. After the filing of a petition, any party filing a pleading, motion, or proposed order shall serve a copy of the same upon all attorneys of record or self-represented litigants. A copy of the motion and proposed order shall be emailed to the assigned Probation Officer and Nebraska Department of Health and Human Services Child and Family Services Specialist.

   7.1. Briefs shall comply with Nebraska Supreme Court Rules as to page size, text, and fonts.

   8.1. Notices of Hearings:

   a. Each notice of hearing shall advise all counsel, self-represented litigants, and the Office of the Court Administrator for scheduling in JUSTICE, of the date, time, courtroom, or location at which the hearing will be held.

   b. Service of notice of hearing will be by electronic filing pursuant to Nebraska Supreme Court Rules. Attorneys shall not attach a separate certificate of service or certification document as the automated Certificate of Service issued by the Nebraska Electronic Filing System complies with Nebraska Supreme Court Rules and other applicable statutes.

   8.2. Service of notices, briefs, pleadings, and motions upon opposing counsel and self-represented litigants shall be made within the time that allows for response or preparation, or as governed by the applicable Nebraska Supreme Court Rules or statutes, or in accordance with such timeline as the Court may direct.

   8.3. Briefs, memoranda of law, and written arguments shall not be electronically filed unless specifically directed by the Court, shall be served upon the parties of record, and shall be served within the timeframe directed by the Court.

   8.4.  Each brief, memorandum of law, and written argument, except those directed by the Court to be electronically filed, shall contain a certificate of service certifying the manner and date on which service was made upon all counsel and self-represented litigants of record.

   8.5. The use of email for service of briefs, memorandum, and written argument shall constitute sufficient compliance with this rule, except as may otherwise be required by statute, Nebraska Supreme Court Rule, or as ordered by the Court.

Rule 8.1.a. amended August 5, 2016.

   9.1. Child support hearings in the Juvenile Court shall be conducted in accordance with Neb. Rev. Stat. §§ 43-290 and 43-2,113(3).

   Court files may be reviewed in a viewing room provided by the Clerk of the Court.

   11.1. The Court will appoint counsel and/or a guardian ad litem for any juvenile or parent determined to be indigent by the Court, and for any other person whenever appointment of counsel would be appropriate as authorized by statute, in the exercise of the Court’s discretion.

   11.2. Attorneys willing to serve as court-appointed counsel in juvenile court proceedings shall complete the form entitled “Court Appointment List Request” for the Juvenile Court Administrator annually. The Juvenile Court Administrator shall maintain a current list of all attorneys who will accept appointments in Juvenile Court, provide the same to all judges, and keep the list updated. Any attorney who wishes to be removed from the list may do so upon request to the Juvenile Court Administrator. The list may be examined by the public upon request of the Juvenile Court Administrator.

   11.3. Appointments shall be made by the Court using the list described in Rule 11.2 above. The Court is entitled to rely upon its knowledge of an attorney’s qualifications, skill level, and experience in appointing an attorney the Court finds suitable to serve on a particular case.

   12.1. All court proceedings will be conducted in person, unless otherwise approved or ordered by the Court. Court proceedings may be conducted using telephone, video, or other remote technology as follows:

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

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

   c. If Emergency Modified Court Operations are in effect, the administrative orders of the Separate Juvenile Court for Douglas County shall govern the use of remote technology for court proceedings.

   12.2. Remote appearance of any party shall be arranged by counsel of the party or the self-represented litigant to include providing the Zoom link, or other details for remote access, to the party.

   12.3. To request an evidentiary hearing by remote technology, the initiating counsel or self-represented litigant shall contact all counsel of record and self-represented litigants for a stipulation to proceed by telephone, video, or other remote technology. If all parties are in agreement, initiating counsel shall file a motion requesting Court approval, and notice of hearing. All parties appearing by use of remote technology shall provide the court’s bailiff with contact information, email address, and telephone number three (3) judicial days prior to the hearing.

   a. All exhibits to be offered at the hearing by use of remote technology shall be provided to the court reporter no less than five (5) judicial days prior to the hearing. All exhibits submitted shall comply with Nebraska Revised Statutes and the Rules of the Supreme Court.

   b. Any hearing held by remote technology shall be conducted in conformance with the rules for courtroom decorum as set forth in the Rules of the Supreme Court and Rule 2 of these Rules.

   c. There shall be no driving, eating, or smoking; no animated backgrounds; no distortion of the parties, counsel, or the judge; and no other distracting behaviors during remote hearings. Attire must conform to Rule 2.10. Cameras must be turned on and focused on the person speaking unless otherwise permitted by the Court. Counsel shall advise their clients of the same.

   12.4. Recordings and screenshots of remote proceedings are prohibited.

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

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

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

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

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

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

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

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

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

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

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

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

Approved March 16, 2022.

   14.1. Generally, court costs ordered paid in Juvenile Court shall be paid to the Clerk of the District Court for Douglas County. Payor must provide the docket and page or case number of the case for appropriate credit.

   14.2. Counsel shall inform the Court’s bailiff if an interpreter is needed for any hearing so that arrangements can be made to obtain an appropriate interpreter.

   14.3. Where counsel for a parent or guardian ad litem for a parent or juvenile has reason to believe that his or her client is incarcerated or otherwise detained, counsel shall timely contact the Juvenile Court Administrator’s office at least ten (10) days prior to the hearing date to make suitable arrangements for the transportation of the parent or juvenile to the hearing, which may necessitate the filing of a motion by counsel and the obtaining of an order for transport. At least three (3) judicial days prior to the scheduled hearing, counsel for the incarcerated parent or detained juvenile may request the parent or juvenile appear by video in accordance with Neb. Rev. Stat. § 43-278 and Rule 12 of these Rules.

   14.4. The Nebraska Department of Health and Human Services shall notify, in writing, the Court and all parties within one (1) judicial day of any emergency change in the child’s placement and shall notify the Court and all parties, in writing, seven (7) days prior to any non-emergency change in placement, and comply with Neb. Rev. Stat. § 43-285.

   14.5. Companion Cases. At the time of filing, the county attorney shall notify the Juvenile Court Administrator by email of any companion cases for the Petition filed, including the case title, case number, and the judge to whom each companion case is assigned. A “companion case” as defined by this Rule includes: (1) all other open dockets involving the juvenile, whether delinquency, status offense, abuse-neglect, or dependency, filed under Neb. Rev. Stat. § 43-247; and (2) those in which multiple juveniles are charged, in separate petitions, with delinquent acts arising out of the same set of facts.

   14.6. Request for Transcript by Non-party. Where a non-party seeks the transcript of any juvenile court hearing pursuant to Neb. Ct. R. § 1-203, such non-party shall: (1) file an appropriate pleading with the juvenile court in accordance with Rule 6 of these Rules, which pleading shall contain the request for the transcript of each requested hearing, and (2) secure a hearing date from the bailiff regarding the request.

   14.7. Such non-party shall perfect service of his or her pleading in accordance with Rule 8 of these Rules. When a request for transcript of hearing is made in a case where the court’s jurisdiction has been terminated, notice and service under Rule 8 shall be given by the non-party requestor to all persons or entities who were parties to the proceeding on the date of the hearing for which the transcript is being requested.

   14.8. After hearing upon the request, the Court shall issue an order either granting or denying the request.

   14.9. Payment of all costs for the preparation of the transcript shall be governed by Neb. Ct. R. § 1-203(B).

   The Lancaster County Separate Juvenile Court shall be a single division with each judge handling cases on an alternating assigned basis.

   A. All motions or similar filings in which a hearing is requested shall be filed at least 5 judicial days prior to hearing, except by permission of the court.

   B. Counsel at the time of making such filing shall obtain a date for hearing thereon from the judge to whom the case is assigned or the judge's bailiff and file a proposed Order for Hearing along with the motion. Unless approved by the judge, a hearing date must be obtained for each motion, even if motions in the same case are already scheduled. The Clerk shall not accept said filing unless it is accompanied by a proposed Order for Hearing setting forth the time and date of the hearing.

   C. All motions for orders sought to be entered without a hearing shall be accompanied by a proposed order for the judge's signature.

   D. A Motion to Continue can be filed disclosing that all other parties and counsel agree to the continuance in which case the court may grant the motion without a hearing. Once a case has been set for hearing, the case may not be continued except for good cause shown as determined by the court. Counsel seeking the continuance shall obtain a proposed date from the court's bailiff and verify the new date with other counsel and unrepresented parties. If the new date is not agreeable, it is the responsibility of the movant to obtain a new date that is agreeable to all counsel and unrepresented parties. A Motion to Continue without agreement of opposing counsel and parties shall be set for hearing by the court as previously outlined herein.

   E. Motions for Placement Change pursuant to Neb. Rev. Stat. § 43-285  can be approved by the court without further hearing unless an objection is filed and notice is given to the judge or judge's bailiff, whereupon the matter may be set for hearing by the court. The Nebraska Department of Health and Human Services shall notify the court, guardian ad litem, and counsel within 24 judicial hours of any immediate change in placement.

   F. Ex Parte Motions for Temporary Custody involving nondelinquency cases shall come on for hearing within 10 days of the Ex Parte Order's being signed.

   G. A Denial may be filed and shall include counsel's estimate as to the amount of time necessary for trial.

Rule II(C) and (F) amendments approved November 15, 2017; Rule III amended May 17, 2023.

   A. All pleadings, motions, and proposed orders filed shall comply with Nebraska Supreme Court rule (Neb. Ct. R. App. P. § 2-103) as to page size, text, fonts, and hyperlinking and bookmarks.

   B. All pleadings shall contain the caption of the case.

   C. The margin at the top of the first page of any pleading or other document filed shall be at least 1½ inches. This area is reserved for court use to permit affixing a barcode or exhibit identification markings and for other official uses. No image, printing, or marking of any nature may appear within the top margin except as made or authorized by the court or the Clerk.

   D. Any party making a filing shall serve the same upon all counsel of record or parties of record if not represented by counsel in a manner allowed by rule or law. Any pleading or document filed subsequent to the petition shall contain a certificate that service was made upon counsel or parties pursuant to this rule.

Rule III(E) amendments approved November 15, 2017; Rule III amended May 17, 2023.

   A. All counsel shall conduct themselves in a manner which promotes a positive image of the profession, assists the court in properly reviewing the case, and displays appropriate respect for the justice system.

   B. All parties and their counsel shall be punctual and prepared for all court appearances at the time set for hearing by the court.

   C. Counsel shall examine witnesses and address the court from the counsel’s table and shall not approach the bench or witness stand while the court is in session without first obtaining permission of the court.

   D. Witnesses and parties shall be referred to and addressed by their surnames unless age or other circumstance allows for usage of their first name.

   E. Only one counsel for each party shall examine a witness or make objections during the testimony of such witness.

   F. At the discretion of the security officers, upon order of the court, any person may be subjected to a search of his or her person for possession of any weapons, destructive devices, or components thereof.

   G. Counsel shall be attired in ordinary business wear. All parties, witnesses, and persons present in the courtroom shall be appropriately attired. The court may continue or delay a hearing if any parties’ appearance is inappropriate. The court may also cause the removal from the courtroom of any individual inappropriately attired.

   H. All electronic devices shall be turned off or silenced so as not to cause a disturbance during court proceedings.

   I. All court hearings are open to the public as provided by law; however, the court may close the hearing or a portion thereof pursuant to law and Nebraska Supreme Court rules.

   J. Unless expressly authorized by the judge, all broadcasting, televising, and/or taking photographs, as well as audio and video recording, except for the making of the official court record of the proceeding, are prohibited in the courtroom and in the areas immediately adjacent to all juvenile courtrooms, as well as in the juvenile court reception area, during sessions of court or during the recesses between sessions.

Rule IV(H) and (J) amendments approved December 10, 2014; Rule IV(H) amended May 17, 2023.

   A. No person except the judge or the Clerk shall take from the courthouse or out of the office or possession of the Clerk, any records, papers, or files of the court pertaining to the causes therein, except by permission of the judge or the Clerk. Any legal file so removed shall be returned to the Clerk within 5 days unless requested sooner by the Clerk, and at least 48 hours prior to the commencement of any trial or hearing in conjunction with said case.

   B. All documents, including but not limited to, predisposition reports, case plans, and progress reports shall be delivered to all counsel and pro se parties in the court at least 3 judicial days prior to the hearing in which the documents are to be offered. The party offering said exhibit shall have the exhibit numbered by page and then separately marked by the court reporting personnel prior to the scheduled time of the hearing. Exhibits shall not contain any unrelated attachments.

   C. Copies of all exhibits received into evidence may be placed in a social file corresponding to the respective case involving the child or children. Only the judge and court staff may have access to said social file. All others shall not have access to the social file or exhibits without permission of the court. Those exhibits in the custody of the court reporting personnel may be open for inspection by counsel appointed or appearing on behalf of the parties upon a reasonable request of the court reporting personnel. All others may not have access to said exhibits without permission of the court.

Rule V(C) amendment approved December 10, 2014.

   A. The court will appoint counsel for a party determined indigent by the court and whenever else appointment of counsel would be appropriate in the exercise of the court's discretion. The parties shall complete a Request for Court-Appointed Counsel as directed by the court.

   B. Attorneys appointed as a guardian ad litem shall have fulfilled the training requirements described in Neb. Ct. R. § 4-401(A) of the Nebraska Supreme Court rule regarding guardian ad litem training for attorneys and shall maintain their eligibility to serve as a guardian ad litem by completing ongoing specialized training as provided by the Administrative Office of the Courts Judicial Branch Education Division. If the required ongoing training has not been completed, attorneys appointed as a guardian ad litem will ahve 30 days to obtain the necessary training or will be removed from the case and a new guardian ad litem appointed by the court.

   C. The court may require any party to resubmit a financial statement periodically as ordered by the court. The court may order parties to reimburse Lancaster County for the services of court-appointed counsel if their financial situations change. Failure to maintain contact with counsel may result in the attorney's being discharged.

   D. Attorneys willing to serve as court appointed counsel shall complete the form entitled "Request for Court Appointment List" and shall file it with the Juvenile Court Administrator. The Juvenile Court Judges shall review the request and place the attorney on the list in the appropriate categories. The Juvenile Court Administrator shall maintain a current list of attorneys and the list shall be open to public inspection upon request. 

   E. Appointments of attorneys shall be made on an impartial and equitable basis and shall be distributed among attorneys on a rotation system, subject to the court's sole discretion to make exceptions due to the nature and complexity of the case, an attorney's experience, the nature and disposition of the party, a language consideration, a conflict of interest, the availability of an attorney, geographic considerations, prior or current representation of a party, and any other relevant factors that may be involved in a specific case. 

   F. The court will monitor attorney performance on a continuing basis to ensure the competency of attorneys on the appointment list. An attorney may be removed from the list by a majority vote of juvenile court judges.  If an attorney is under consideration for removal from the list, written notification will be given indicating the concerns giving rise to consideration for removal, and be given the opportunity to respond in writing before a final decision is made. An attorney who has been removed from the list may be considered for reinstatement by a majority vote of the judges after the deficiencies contained in the notice have been resolved. A practicing attorney who wishes to have his/her name removed from the list shall file a request for removal with the Juvenile Court Administrator.

   G. Court-appointed counsel shall utilize the Juvenile Court web-based system to submit requests for approval of attorney fees pursuant to Lancaster County Juvenile Court Attorney Fee Guidelines.

Rule VI(C)-(F) amendments approved December 10, 2014; Rule VI amendments approved November 15, 2017; Rule VI(A) amendments approved September 5, 2018; Rule VI(E) amended May 17, 2023.

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

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

   C. Duties. The referee shall hear matters pertaining to the establishment, modification, enforcement, and collection of child support, paternity, and all other matters permitted by law and assigned by the court. The referee shall have the power to summon and enforce the attendance of parties and witnesses, administer all necessary oaths, supervise pretrial preparation pursuant to the rules of discovery, grant continuances and adjournments, and carry out any other duties permitted by law and assigned by the court. The functions performed by the referee under expedited processes shall, at a minimum, include

   (1) taking testimony and establishing a record;

   (2) evaluating evidence and making recommendations to establish and enforce orders;

   (3) accepting voluntary acknowledgment of support liability and stipulated agreements setting the amount of support and accepting voluntary acknowledgments of paternity; and

   (4) recommending default orders if absent parents fail to respond within the time specified by law.

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

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

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

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

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

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

   G. Judicial Review. In all cases referred to a referee, the parties shall have the right to file an exception within 10 days of the date of the referee’s findings and recommendations. The exception shall be accompanied by a praecipe requesting the preparation of the bill of exceptions of the proceedings before the referee. The hearing before the court on the exception shall be de novo on the record before the referee. The court may ratify or modify the recommendations of the referee and enter judgment based thereon. If no exception is filed, the court shall proceed to consider the referee’s findings and recommendations and render a final order without further notice or hearing.

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

Rule VII(F) amended May 17, 2023.

   A. Prior to temporary custody hearings, prehearing conferences with all parties and counsel may be held and may be facilitated by mediators. The facilitators are disinterested parties who will gather necessary information regarding parentage, possible Indian Child Welfare Act applicability, placement of the children, visitation, services, and evaluations or assessments offered. Any documents completed in the prehearing conference may be marked and offered into evidence. Discussions taking place at such facilitated conferences shall be confidential and privileged to the extent provided by Neb. Rev. Stat. § 43-247.01.

   B. Pretrial conferences may be on order of the court and shall specify the date, hour, and location requirements placed upon counsel; the manner in which the conference will be held; and any other matters the court deems appropriate. It is strongly encouraged that any and all stipulations should be entered into at the time of the pretrial conference. At the time of the pretrial conference, all counsel shall have made efforts to speak with their respective client and each other and shall be prepared to inform the court

   (1) whether the matter will be contested;

   (2) if contested, the estimate of time necessary to adjudicate;

   (3) whether in-chambers testimony will be requested and any other objections thereto;

   (4) whether any matters may be stipulated;

   (5) whether an interpreter of any nature will be required; and

   (6) whether there are any special health needs of counsel, parties, or witnesses requiring accommodation.

   A. Any case which is to be tried to the court may be assigned by the court to a trial term. A trial term is a period of time determined by each judge during which more than one case will be scheduled for trial. By order of the judge to whom the case is assigned, other requirements governing the progression of the case may be imposed. Cases assigned to a trial term for trial shall proceed as follows:

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

   (2) The court’s bailiff will maintain a current list of cases set for trial during the judge’s trial terms. Cases set for trial during a trial term will be called up for trial in the order as set forth by the court.

Rule IX(A)(2) amended May 17, 2023.

   A. Case plans and court reports shall be delivered to all counsel, parties, and the court at least 5 days prior to the hearing.

   B. Guardian ad litem reports shall be delivered to all counsel, parties, and the court at least 2 days prior to the hearing. The guardian ad litem shall utilize a form approved by the court.

   C. Counsel shall inform the court's bailiff if an interpreter is needed for any hearing so that arrangements can be made to obtain an appropriate interpreter.

   D. Counsel representing incarcerated parents shall request a transportation order or request to appear in an alternative manner sufficiently in advance from the court’s bailiff if the party wants to be present.

   E. All children under the court’s jurisdiction as defined by Neb. Rev. Stat. § 43-247(3)(a) are encouraged to be present in court in person or via video conferencing upon request and approval of the court at the dispositional hearing and at every review hearing.

   F. Parties shall provide financial statements for child support as ordered by the court and shall submit said statements and any requests for deviations 10 days in advance of any child support hearing. The parties shall exchange calculations 3 days in advance of the hearing.

   G. Once juvenile court jurisdiction is terminated or the juvenile's counsel withdraws or is no longer counsel, the juvenile's counsel shall destroy any printed probation reports or evaluations, and shall permanently delete all electronic copies of probation reports and/or evaluations.

      H. All parties are expected to appear in person for all hearings unless otherwise permitted by the assigned judge. Consistent with Neb. Rev. Stat. § 43-278 and/or Rule XII of the Rules of Practice and Procedure in the Separate Juvenile Court of Lancaster County, counsel and litigants may appear via Zoom videoconferencing for good cause shown by contacting the judge’s bailiff as far in advance as is practicable. If Zoom accommodations are made for any requesting individual, only that individual will be granted access to the proceeding by Zoom. For nonevidentiary hearing, each courtroom will make Zoom available during Lincoln Public School “snow days” unless otherwise communicated to counsel.

Rule X amended May 17, 2023.

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

   (1) The Separate Juvenile Court of Lancaster County Problem-Solving Court programs shall be presided over by a juvenile judge selected by the juvenile court judges.

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

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

   (4) On or before May 1, 2020, and every 3 years thereafter, the juvenile court judges shall appoint successor presiding judges 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 (3), to allow the successor judge to immediately assume the position of presiding problem-solving court judge upon the occurrence of a vacancy.

   (5) As of the date hereof, the following judges shall preside in the problem-solving courts:

   (a) Safe and Healthy Families Court:

   (i) Presiding judge: Elise White

   (ii) Successor judge: Reggie Ryder

   (b) Family Treatment Drug Court:

   (i) Presiding judge: Roger J. Heideman

   (ii) Successor judge: Shellie Sabata

Rule XI approved May 10, 2017; Rule XI amended May 17, 2023.

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

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

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

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

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

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

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

Rule XII approved February 8, 2023.

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

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

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

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

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

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

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

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

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

   c. Appointment of counsel;

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

   e. Ex parte motions;

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

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

   h. Landlord/Tenant cases;

   i. Probate and adoption cases;

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

   k. Processing probable cause affidavits;

   l. Processing arrest/search warrants;

   m. Juvenile emergency custody/detention hearings;

   n. Providing public access to the courts;

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

   p. Appeals;

   q. Habeas Corpus petitions;

   r. Injunctions;

   s. Mental Health Board proceedings;

   t. Establishment and enforcement of child support; and

   u. Competency hearings.

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

   a. Local print and broadcast media,

   b. The Nebraska Bar Association,

   c. The Lincoln Bar Association,

   d. The Administrative Office of the Courts and Probation,

   e. The Clerks of the District and County Courts,

   f. By posting in the Hall of Justice,

   g. State and local law enforcement agencies,

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

   i. Local Adult and Juvenile Probation,

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

Approved March 22, 2023.

   These rules shall govern the procedure of this Court so far as they are applicable and are not inconsistent with any statute of the State of Nebraska or any rule or order of the Supreme Court of Nebraska having the force of law.

 A. The judge shall require order and decorum in proceedings before the judge.

   B. Attorneys shall conduct themselves in a manner which promotes a positive image of the profession, assists the court in properly reviewing the case, and displays appropriate respect for the justice system. Specifically, an attorney who manifests professional courtesy and civility:

   1. Is punctual and prepared for all court appearances;

   2. Always interacts with parties, counsel, witnesses, court personnel, and the court with courtesy and respect;

   3. Makes objections during court proceedings for legitimate reasons in good faith, and does not make objections only for the purpose of harassment or delay; and

   4. Honors appropriate requests made by opposing counsel during court proceedings that do not prejudice the client’s rights or sacrifices tactical advantage.

   C. All parties and counsel shall be prepared to proceed at the scheduled hearing time. When the judge enters the courtroom, those present shall rise and remain standing until the judge is seated or until granted permission by the court to sit.

   D. All parties and counsel shall examine witnesses and address the Court from the counsel table and shall not approach the bench or witness stand while the court is in session without first obtaining permission from the court.

   E. Witnesses and parties shall be referred to and addressed by their surnames unless age or other circumstances allow for usage of their first name. Only one counsel for each party shall examine a witness or make objections during the testimony of said witness.

   F. In the discretion of the security officers, sheriffs, or court, any person may be subjected to a search of his or her person for possession of any weapons, destructive devices, or components thereof.

   G. Attorneys shall be attired in ordinary business wear. All parties, witnesses, and persons present in the courtroom shall be appropriately attired. The court may continue or delay a hearing if any party’s appearance is inappropriate. The court may also cause the removal from the courtroom of any individual inappropriately attired.

   H. All court proceedings are open to the public as provided by law; however, the court may close the proceedings or a portion thereof pursuant to law and the Supreme Court Rules.

   I. Electronic devices shall be turned off or otherwise disabled so as to not cause a disturbance during court proceedings. Unless expressly authorized by the judge, all broadcasting, televising, and/or taking photographs, as well as audio and video recording, except for the making of the official court record of the proceeding, are prohibited in the courtroom and in the areas immediately adjacent to all juvenile courtrooms, as well as in the juvenile court reception area, during sessions or during the recesses between sessions.

   A. All pleadings, motions, and proposed orders filed shall comply with Nebraska Supreme Court Rule (Neb. Ct. R. § 2-103) as to page size, text, fonts, and hyperlinking and bookmarks.

   B. All pleadings shall contain the caption of the case, clearly designate the content therein, and state on whose behalf it is filed.

   C. Pleadings, documents, exhibits, court orders, judgements, and decrees filed in the court shall not include the full birth dates, Social Security numbers, and financial account numbers of any persons, including minor children, as outlined in Nebraska Supreme Court Rule (Neb. Ct. R. § 6-1701).

   D. Pleadings shall contain the name, address, Nebraska State Bar Association number, email, and telephone number of the attorney preparing the same and all other information as required by current Supreme Court Rules.

   E. Any party making a filing shall serve the same upon all counsel of record or parties of record, if not represented by counsel in a manner allowed by rule or law. A copy shall also be served upon an attorney for the Nebraska Department of Health and Human Services and/or the assigned probation officer. Any pleading or document filed subsequent to the initial petition or initial ex parte motion for custody shall contain a certificate that service was made upon counsel or parties pursuant to this rule or Nebraska law or Supreme Court Rule.

   F. Service consistent with Neb. Ct. R. § 2-201 et seq. shall be sufficient unless service by some other means is required by law.

   G. Counsel, or any party acting as a self-represented litigant, shall not attach as an exhibit to any pleading or motion or file any document designated as not open to inspection or described as a confidential record under Neb. Rev. Stat. § 43-2,108.

   H. Notices of Hearings:

   1. Notice of all hearings shall advise all counsel (or parties, if self-represented litigants) of the date, time, courtroom, or location at which the hearing will be held upon the particular motion or pleading involved.

   2. Service of all other notices or requests, pleadings, and briefs should be made so as to allow opposing counsel and self-represented litigants a reasonable time to respond and/or prepare, or as governed by applicable statutes or Supreme Court Rules, or in accordance with such timeline as the court may direct.

   A. All motions or similar filings in which a hearing is requested shall be filed at least five (5) judicial days prior to the hearing except by permission of the Court.

   A. All documents, including, but not limited to, predisposition reports, case plans, supervision summaries, evaluations, and guardian ad litem reports shall be delivered to all counsel and self-represented litigants at least five (5) judicial days prior to the hearing in which the documents are to be offered.

   B. The party offering said exhibit shall have the exhibit separately marked by the court reporter prior to the start of the hearing. Exhibits shall not contain unrelated attachments.

   C. All exhibits offered but not received by the court shall be returned to the court reporter unless leave is granted by the court to withdraw the exhibit.

   D. Copies of all exhibits received into evidence shall be placed in an exhibit file corresponding to the respective case involving the child or children. Only the judge and court staff may have access to the exhibit file. All others shall not have access to the exhibit file or exhibits without permission of the court. Those exhibits in the custody of the court reporting personnel may be open for inspection and copying by counsel appointed or appearing on behalf of the parties, upon reasonable request of the court reporting personnel. All others may not have access to the exhibits without permission of the court.

   E. When deciding as to the manner in which self-represented litigants may inspect or copy exhibits, the court will consider the fact that self-represented litigants ordinarily are not licensed attorneys and therefore not sworn officers of the court. In all cases, the court will take into account the confidentiality considerations set forth in Neb Rev. Stat. § 43-2,108 and may make such orders as are appropriate with respect to the inspection or copying of exhibits.

   F. Pursuant to Neb. Rev. Stat. § 43-3001, the Court hereby authorizes the release of information for the exclusive use of Investigation Teams and Treatment Teams initiated by the Sarpy County Attorney pursuant to Neb. Rev. Stat. § 28-710 et seq. (1992 Neb. Laws, L.B. 1184) and Task Forces under the auspices of the Sarpy County S.A.F.E. Policy. Any other use of confidential information shall be strictly prohibited unless written authorization is granted by the Court.

   A. The original brief shall be delivered to the judge rather than filed with the Clerk. A copy shall be served on opposing counsel and any self-represented litigants. Briefs shall contain a certificate of service indicating the date and manner of service.

   B. Citation to authorities shall conform to generally accepted standards of citation.

   C. The court may require briefs whenever briefs would be helpful to the court and may set a timetable.

   A. Child support hearings in the juvenile court shall be conducted in accordance with Neb. Rev. Stat. §§ 43-290 and 43-2,113(3).

   B. If filed in the juvenile court, the county attorney, the authorized attorney, or self-represented litigants shall give notice of the filing of said action and of any hearings to the attorney of record, if any, for the parent from whom child support is being sought or directly to the parent, if a self-represented litigant; to the guardian ad litem for the juvenile, if any; and to the attorney for the Nebraska Department of Health and Human Services if the juvenile is in the custody of the department. Notice of any hearing shall be given consistent with Nebraska law and Supreme Court Rule as soon as possible, but at least ten (10) judicial days prior to the hearing.

Adopted March 31, 1995; amended May 31, 2023.

   A. The court will appoint counsel for any juvenile or for any parent determined indigent by the court and for any other person whenever appointment of counsel would be appropriate in the exercise of the court’s discretion. The court will appoint a guardian ad litem for a juvenile as required under Neb. Rev. Stat. § 43-272 and as required by any other section of the Nebraska Juvenile Code.

   B. Attorneys who are willing to serve as court-appointed counsel in juvenile court proceedings shall notify the Clerk of the fact, providing their contact information and filling out any necessary paperwork. The Clerk shall maintain a current list of all attorneys who are willing to accept appointments in juvenile court and shall provide the same to all judges, and shall keep the list updated. Any attorney who wishes to be removed from the list may do so upon request of the Clerk.

   C. Appointments shall be made by the court using the list described above. The court is entitled to rely upon its knowledge of an attorney’s qualifications, skill level, and experience in appointing an attorney whom the court deems suitable to serve on a particular case.

   D. Court-appointed counsel may apply for payment of reasonable attorney fees by submitting an itemized bill to the Clerk with a certificate of service to the Sarpy County Attorney’s Office. The itemized billing statement shall provide with specificity each service rendered, the date of each service rendered, and the amount of time expended. The statement should further included the attorney’s name and case number. Court-appointed counsel shall also sign each statement confirming the truth and accuracy of the same.

   E. Court-appointed counsel shall comply with the Instructions for Court-Appointed Counsel.

   A. Counsel and self-represented litigants shall inform the court’s bailiff if an interpreter is needed for any hearing so that arrangements can be made to obtain an appropriate interpreter.

   B. Where counsel for a parent has reason to believe that his or her client is incarcerated or otherwise detained, counsel shall timely contact the court’s bailiff to make suitable arrangements for the transportation of the parent to the hearing, which may necessitate the filing of a motion by counsel and obtaining an order for transport.

   C. Once juvenile court jurisdiction is terminated or the juvenile’s counsel withdraws or is no longer counsel, the juvenile’s counsel shall comply with Neb. Ct. R. § 6-1906 to ensure the destruction of any printed probation reports or evaluations and shall permanently delete all electronic copies of probation reports and/or evaluations.

   Effective January 1, 2022, the Separate Juvenile Court of Sarpy County shall employ the following protocol for remote technology for court proceedings:

   A. All hearings approved by the Court and by stipulation of all parties that have filed an appearance may be heard by the Court telephonically or by videoconferencing or similar equipment at any location within the judicial district in conformance with Neb. Rev. Stat. § 43-278.

   To request an evidentiary hearing by remote technology, initiating counsel and self-represented litigants shall contact all counsel of record and all self-represented litigants for a stipulation to proceed in this fashion. If all of the parties stipulate, initiating counsel shall contact the Court’s Bailiff to seek the Court’s approval.

   In the event the Court grants approval, initiating counsel and self-represented litigants shall then file his/her motion with the Clerk with notice of hearing. The notice of hearing shall indicate in bold letters: This hearing shall be held with remote technology. All parties shall provide the Court’s Bailiff their contact information (email address, telephone number, etc.) 48 hours prior to the scheduled hearing.

   All counsel and self-represented litigants shall provide their exhibits to the Court’s Reporter or Courtroom Clerk three (3) business days prior to the hearing. All submitted exhibits shall comply with Nebraska Revised Statutes and the Rules of the Nebraska Supreme Court.

   B. Public access to the court. To ensure public access to the courts, the Court shall hold the hearing in the courtroom. In the event that the Court is holding the hearing within the jurisdiction but not present in the courtroom, the Court will utilize the video monitor in the courtroom. In the event the Court is unable to utilize the video monitor in the courtroom, the public can obtain the virtual room by giving the Court’s Bailiff his/her contact information 24 hours prior to the hearing.

   C. Decorum. Hearings held by remote technology are conducted as if they were occurring in court. Counsel and self-represented litigants shall remain muted unless directed elsewise by the Court. Proper attire and behavior are expected. Eating is prohibited during the hearing. Counsel and self-represented litigants shall not conduct other business during the hearing unless an emergency dictates otherwise. Counsel and parties shall be respectful to all involved. Audio and video recording of the hearing is strictly prohibited.

Approved February 22, 2023; Rule X and XI deleted, Rule XII renumbered to Rule X and amended May 31, 2023.

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

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

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

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

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

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

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

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

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

Approved April 19, 2023; Rule XIII renumbered to Rule XI May 31, 2023.