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.