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.