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).