(A) Perfecting the Appeal.

   (1) Every appeal shall be deemed perfected when the notice of appeal as provided in § 2-101(B)(1)(a) and the docket fee required by Neb. Rev. Stat. § 33-103 or an application to proceed in forma pauperis and a poverty affidavit pursuant to Neb. Rev. Stat. § 29-2306 or Neb. Rev. Stat. § 25-2301 et seq. have been filed in the office of the clerk of the court from which the appeal is taken and such application has been granted by that court.

   (2) In cases where the punishment is capital, no notice of appeal shall be required to be filed in the district court and no payment of a docket fee shall be required, as set forth in Neb. Rev. Stat. § 29-2525. If a notice of appeal is filed, the trial court clerk shall transmit it pursuant to § 2-101(B). The appeal shall be docketed in the Supreme Court upon receipt of a notice of appeal or, if none is filed, upon receipt of the transcript from the trial court clerk. See § 2-104(A)(5).

   (3) Throughout these rules, “Clerk” shall mean “Clerk of the Supreme Court and Court of Appeals.”

   (B) Forwarding to Appellate Court. The clerk of the court from which the appeal is taken shall within 2 business days of receipt of a notice of appeal send the following items to the Clerk through System-to-System Transfer using JUSTICE procedures, or for the Workers' Compensation Court or tribunals authorized to transmit appeals directly to the appellate courts, another approved transfer method:

   (1)(a) Notice of appeal. The notice of appeal shall be deemed made to the Court of Appeals unless the notice contains language specifically requesting appeal to the Supreme Court along with citation to the statutory authority directing such appeal to the Supreme Court.

   (b) If a notice of appeal filed in a case involving termination of parental rights is not signed by the parent whose parental rights were terminated, the appeal shall be subject to summary affirmance pursuant to § 2-107(A) unless, following issuance of an order to show cause and a 15-day response time, the before-mentioned parent files an affidavit with the appellate court stating his or her intention to proceed with the appeal or other good cause is shown. This subsection shall not apply to a child's guardian ad litem taking an appeal in such cases.

   (2) Request for transcript; see § 2-104(A);

   (3) Request for bill of exceptions; see § 2-105(B);

   (4) Payment from the clerk of the court from which the appeal is taken for the docket fee which shall be processed as an ACH payment to the Clerk, or IBT from the Workers' Compensation Court or tribunals authorized to transmit payment directly to the appellate courts, or a copy of the application to proceed in forma pauperis and accompanying poverty affidavit which has been executed no more than 45 days prior to the filing of notice of appeal; and

   (5) A certificate, prepared by the clerk of the court from which the appeal is taken (using JUSTICE procedures where applicable), which shall contain the following information:

   (a) The caption of the case, including the names and adversary relationship of all the parties, as the case was filed in the court from which the appeal is taken;

   (b) The name, address, city, state, zip code, telephone number, email address, and Nebraska attorney identification number of each Nebraska attorney, and the name of the party or parties the attorney represents, or, if a party or parties represent themselves, the above information except for the identification number;

   (c) Whether the case is a civil case or a criminal case; if a civil case, whether the case is law (general) or equity, if applicable; if a criminal case, whether there was a trial to a jury or judge, or whether a guilty or nolo contendere plea was accepted by the court, whether a plea in bar was entered, and whether the case is a felony, misdemeanor, or postconviction; and

   (d) If the notice of appeal is to the Supreme Court, whether the appeal involves a sentence of death or life imprisonment, constitutionality of a statute, or other statutory authorization therefor.

   (e) The date the notice of appeal was filed in the court from which the appeal is taken and the date the docket fee was paid to the clerk of that court.

    (f) Whether the requirements of Neb. Rev. Stat. § 25-1914 with regard to cost bond, cash in lieu of cost bond, or supersedeas bond or poverty affidavit have been met and the date filed.

   (g) Whether a motion for new trial, or, if applicable, a motion to alter or amend the judgment or a motion to set aside the verdict or judgment, was filed in the court from which the appeal is taken and the date of disposition of any such motion.

   (C) Method of Docketing Case; Multiple Appeals from Same Case Prohibited. Upon receipt of the material required by § 2-101(B), the Clerk shall thereupon docket the case designating as appellant or appellants the party or parties first having filed the notice of appeal in the court from which the appeal is taken. All other parties shall be designated as appellees, and any attempt to appeal thereafter made by any party to the action shall be filed in the existing case and not separately docketed.

   (D) Appeal from Special Tribunals. In an appeal from an order of the Nebraska Department of Natural Resources or other tribunal from which an appeal can be taken directly to the Court of Appeals or to the Supreme Court, the procedure shall be that provided for in appeals from the district court, except as otherwise provided by statute.

   (E) Cross-Appeal. The proper filing of an appeal shall vest in an appellee the right to a cross-appeal against any other party to the appeal. The cross-appeal need only be asserted in the appellee's brief as provided by § 2-109(D)(4). The right of cross-appeal does not apply to a petition for further review under § 2-102(F), to additional briefing under § 2-102(H), or to a motion for rehearing under § 2-113.

   (F) Attorneys of Record, Court-Appointed Counsel in Criminal Cases, and Self-Represented Litigants; withdrawal.

   (1) Criminal defendant representation on appeal. Counsel appointed in a trial court to represent a defendant in a criminal case other than a postconviction action shall, upon request by the defendant after judgment, file a notice of appeal and continue to represent the defendant unless permitted to withdraw by the appellate court. See § 2-106(F) for motion to withdraw.

   (2) Other attorneys and guardians ad litem of record. The attorneys of record and guardians ad litem of the respective parties in the court below shall be deemed the attorneys and guardians ad litem of the same parties in the appellate court, as certified to the appellate court by the trial court, until a motion for withdrawal has been filed and granted by the appellate court. See § 2-106F for motion to withdraw.

   (3) Substitution of counsel. When there is a substitution of counsel within the same firm or public office, the new attorney shall file an entry of appearance. The entry of appearance shall include the new attorney’s information as set forth in § 2-101(B)(5)(b), and the name and Bar number of the attorney being replaced. A copy of the entry of appearance shall be served on the adverse party’s attorney of record or on the party, if self-represented. In the event of a substitution of counsel, the former counsel is not required to file a motion to withdraw.

   (4) Effect of withdrawal or discharge of attorney. Withdrawal or discharge of an attorney shall not, in and of itself, result in an extension of brief date or continuance of oral argument. Extension of brief date shall be as provided in § 2-106(E). Oral argument shall only be continued upon permission of the court. See § 2-111(C) and (D).

   (5) All attorneys of record and self-represented litigants are required to keep the Clerk advised in writing of their current physical and email addresses during the pendency of an appeal in the Supreme Court or Court of Appeals for use in notification of all court orders.

   (6) Once counsel is appointed by any court, or enters an appearance on behalf of a party, all filings with the appellate court shall be through counsel, unless the court permits otherwise. Any documents or communications submitted to the appellate court by a party who has counsel may be (a) returned unfiled to the sending party or (b) forwarded unfiled to the sending party’s counsel.

   (G) Costs and Security for Costs.

   (1) Docket fees shall be paid in advance as required by Neb. Rev. Stat. § 33-103, except in the following categories of cases:

   (a) Docket fees are waived in cases brought under the Nebraska Workers' Compensation Act and the employment security law.

   (b) Where an application to proceed in forma pauperis and a timely affidavit of poverty has been filed pursuant to Neb. Rev. Stat. § 29-2306 or Neb. Rev. Stat. § 25-2301 et seq., advance payment of docket fees is not required.

   (c) Docket fees in habeas corpus proceedings and disciplinary actions against members of the Nebraska bar are not required in advance. Fees in these cases will be collected at the conclusion of the proceeding.

   (2) All cases must comply with Neb. Rev. Stat. § 25-1914, unless specific statutory exceptions exist. A case will be dismissed for failure to comply with § 25-1914 if a motion is filed in accordance with § 2-106. Additional time for compliance with the statute may be requested by motion and a showing of good cause.

   (H) Documents in proceedings before the Nebraska Supreme Court and the Nebraska Court of Appeals shall be filed, served, noticed, and preserved in an electronic format in lieu of the traditional paper format unless otherwise specifically excepted by court rule, or the attorney is exempt under § 2-202(B).

   (I) For purposes of these rules, the definitions provided in § 2-201 et seq. shall apply.

Rule 1(A), (B)(1), (B)(4), (B)(5)(c) - (B)(5)(g), (C), (E), (F)(2), (G)(1)(b) and (G)(2) amended May 28, 1992; Rule 1(F)(1) amended March 31, 1993; Rule 1(A) amended May 29, 1997; Rule 1(A), (B), (B)(4), and (G)(1)(a) and (b) amended October 14, 1999; Rule 1(F)(2) amended October 16, 2003; Rule 1(B)(1) amended September 13, 2006. Renumbered and codified as § 2-101, effective July 18 2008; § 2-101(D) amended December 22, 2010; § 2-101(B)(5)(b) amended September 24, 2014, effective January 1, 2015; § 2-101(E) amended May 12, 2021; § 2-101 amended June 9, 2021, effective January 1, 2022.

   (A) Nebraska Supreme Court Rules to Apply. Unless otherwise specified, the Nebraska Court Rules of Appellate Practice shall apply to the Nebraska Court of Appeals.

   (B) Petition to Bypass. Any party to a case appealed to the Court of Appeals may file with the Supreme Court a petition to transfer the appeal to the Supreme Court and to bypass review by the Court of Appeals. The petition to bypass shall be filed simultaneously with the initial brief of the party. Such petition shall set forth the basis for the petition, including one or more of the factors set out in Neb. Rev. Stat. § 24-1106(2).

   (1) Form, Filing, and Service of Petition to Bypass. The form of the petition shall be as provided in § 2-103(A). A petition to bypass shall not exceed 1,800 words, and shall be filed with the Clerk. Service and proof of service shall be in accordance with Neb. Ct. R. Pldg. §§ 6-1105(b), 6-1106(e), and Neb. Ct. R. § 2-205.

   (2) Response. Any response to the petition to bypass shall be due when the brief of the responding party is filed or, when no reply brief is filed, before the expiration of the time prescribed for such filing as provided by § 2-109(A)(3). Such response shall not exceed 1,800 words. The response shall be filed with the Clerk and served in accordance with Neb. Ct. R. Pldg. §§ 6-1105(b), 6-1106(e), and Neb. Ct. R. § 2-205. Any response by a party shall respond to the petition to bypass and not to a response filed by another party. No response by the petitioning party shall be allowed to a response filed by any other party.

   (3) Oral Argument. No oral argument is permitted on the petition to bypass except as may be ordered by the Supreme Court; in such event, oral argument shall be limited to 5 minutes per side.

   (4) Submission. All petitions to bypass shall be submitted for decision to the Supreme Court on the filing of appellant's reply brief or the expiration of the time prescribed for such filing as provided by § 2-109(A)(3).

   (5) Briefs Not Required. No separate brief in support or opposition is required for a petition to bypass or response to a petition to bypass. If any such brief is filed, the brief in support or opposition shall be included within the word count set forth in § 2-102(B)(1) or (2).

   (C) Removal of Case From Court of Appeals. At any time during the pendency of a case, upon recommendation of the Court of Appeals or by the Supreme Court's own motion, the Supreme Court may order removal of a case from the Court of Appeals and its transfer to the Supreme Court docket.

   (D) Briefs. Briefs to be filed in the Court of Appeals shall be governed by §§ 2-103 and 2-109.

   (E) Opinions.

   (1) Release of Written Opinions. The Court of Appeals will prepare a written opinion in cases where the court believes explanation of its decision is required or that the case is of value as a precedent. Opinions shall be released as ordered by the court.

   (2) A copy of each opinion shall be provided to the parties as set forth in § 2-112(B).

   (3) Official Version.

   (a) Official opinions of the Court of Appeals approved for publication in a permanent bound volume shall be the final, edited version which appears in bound Volumes 1 through 15 of the Nebraska Appellate Reports.

   (b) Official opinions of the Court of Appeals approved for publication shall be the final, edited version which appear as certified on the Nebraska Appellate Courts Online Library for Volume 16 and all volumes thereafter of the Nebraska Appellate Reports.

   (c) Official opinions of the Court of Appeals not designated for permanent publication shall be the final version which is filed with the Clerk.

   (4) Opinions of the Court of Appeals which the deciding panel has designated as "For Permanent Publication" may be cited in all courts and tribunals in the State of Nebraska. Other opinions and memorandum opinions of the Court of Appeals may be cited only if the opinion has persuasive value on a material issue and no published opinion of the Court of Appeals or another court would serve as well or when such case is related, by identity between the parties or the causes of action, to the case then before the court. When citing an unpublished opinion of the Court of Appeals, a party shall indicate the opinion's unpublished status.

   (5) Opinions of the Court of Appeals which the deciding panel has designated as "For Permanent Publication" shall be followed as precedent by the courts and tribunals inferior to the Court of Appeals until such opinion is modified, overruled, or disapproved by the Nebraska Supreme Court.

   (6) The panel of the Court of Appeals deciding a case may designate its opinion as "For Permanent Publication" only when one or more of the criteria set in Neb. Rev. Stat. § 24-1104(2) is satisfied.

   (F) Petition for Further Review by Supreme Court.

   (1) Time and Filing Fee. A petition for further review and memorandum brief in support must be filed within 30 days after the release of the opinion of the Court of Appeals or the entry of the order of the Court of Appeals finally disposing of the appeal, whichever occurs later. For purposes of this subsection, an order of the Court of Appeals finally disposing of an appeal includes an order on a motion for rehearing or a motion for attorney fees. Pursuant to Neb. Rev. Stat. § 33-103.01, a docket fee of $50 shall be paid to the Clerk at the time of the filing of the petition for further review. Such docket fee shall be required for each appellate case number in which further review is sought, regardless of consolidation of cases for opinion by the Court of Appeals, and by each party filing for further review. This docket fee shall be waived for an indigent person who has been granted leave to proceed in forma pauperis on appeal by the trial court.

   (2) Form. The petition for further review and memorandum brief in support shall follow the procedure for preparation of briefs as set forth in § 2-103(A) and  (C), and § 2-109(B), and shall not exceed 3,500 words.

   (3) Contents. The petition for further review and supporting memorandum brief shall set forth a separate, concise statement of each error alleged to have been made by the Court of Appeals, all of which must be annotated to the record as required by § 2-109(C). Each assignment of error shall be separately numbered and paragraphed, and grouped in a separate section, as required by § 2-109(D)(1). The memorandum brief must discuss the errors assigned.

   (4) Response. Parties to the case not filing a petition for further review may respond to the petition within 10 days after the petition for further review and supporting brief are filed. The response and supporting brief shall not exceed 3,500 words. If no response will be filed, parties may notify the Clerk in writing, and the petition will be submitted immediately. A response to a petition for further review, or brief in support, may not assert a cross-appeal, but a party may separately petition for further review as provided under this rule.

   (5) Filing and Service. Petitions for further review, accompanying briefs in support, and responses thereto shall be filed and served as provided in § 2-103(B).

   (6) Submission. Oral argument is not permitted on a petition for further review. All petitions for further review will be submitted after a response is filed, if any, or immediately after the time for filing a response has passed.

   (7) Mandate. No mandate will issue in any case during the time allowed for the filing of a petition for further review or pending the consideration thereof by the Supreme Court. If the petition is sustained, the mandate will not issue during the pendency of the appeal in the Supreme Court as provided for in § 2-114.

   (G) Scope of Review. Further review by the Supreme Court is not a matter of right, but of judicial discretion. If the Supreme Court grants review of a Court of Appeals decision, the Supreme Court will review only the errors assigned in the petition for further review and discussed in the supporting memorandum brief. The Supreme Court may limit the issues to one or more of those raised by the parties and may notice plain error at its discretion.

   (H) Briefs and Oral Argument on Further Review by Supreme Court. The Supreme Court may order that the parties file supplemental briefs and may order that oral argument be heard. Even without an order from the Supreme Court for briefs, each party may file additional briefs in compliance with § 2-103 and § 2-109 when further review by the Supreme Court is ordered. The petitioning party's supplemental or additional brief, together with proof of service, shall be filed in the Supreme Court within 20 days after the order for further review is entered; all nonpetitioning parties' supplemental or additional briefs must be served and filed within 20 days after petitioner has served and filed briefs. A nonpetitioning party's supplemental or additional brief may not assert a cross-appeal. For purposes of oral argument on further review, unless otherwise ordered by the Supreme Court on motion or stipulation of the parties or upon the Supreme Court's own motion, the party filing the initial petition for further review shall be entitled to open and close the argument, regardless of whether any other petitions for further review are filed in the case. Where there are multiple petitions for further review granted, all petitions shall be argued together as one case.

Rule 2, (A), and (C) - (H) amended May 28, 1992; Rule 2(E)(4) amended June 16, 1993; Rule 2(G)(1) amended June 15, 1994; Rule 2(E)(4) amended April 30, 1997; Rule 2(E)(5) and (6) adopted April 30, 1997; Rule 2(F)(4) amended May 29, 1997; Rule 2(G) adopted and Rule 2(H) amended March 24, 1999; Rule 2(F)(1) amended December 15, 1999; Rule 2(F)(3) amended November 15, 2001; Rule 2(H) amended January 24, 2002; Rule 2(F)(1) amended June 15, 2005; Rule 2(F)(1) amended January 19, 2006; Rule 2(F)(2) amended March 22, 2006. Renumbered and codified as § 2-102, effective July 18, 2008. § 2-102(B)(1) amended August 27, 2008; §§ 2-102(B)(1)-(2), (D), (F)(1) and (5), and (H) amended June 6, 2012; §§ 2-102(E)(2) and (E)(3)(a)-(c) amended October 21, 2015; § 2-102(F) and (H) amended May 12, 2021; § 2-102 amended June 9, 2021, effective January 1, 2022.

   This rule governs the standard form for all documents filed in the appellate courts and sets forth service requirements for motions and briefs. Form and formatting requirements for bills of exceptions are found in § 2-105.01. Except as otherwise required to comply with the Americans with Disabilities Act (ADA), and except for any Nebraska Supreme Court forms promulgated or last amended prior to the effective date of this rule, the following rules apply:

   (A) Motions, petitions, briefs, and other documents, except bills of exceptions. The standard form for all documents, including motions, petitions, and briefs shall be as follows:

   (1) All documents shall be on a page size measuring 8 ½ by 11 inches, in portrait mode. Electronically filed documents shall be in a converted PDF (fully text searchable), rather than only a scanned image PDF format. All electronically filed documents shall be easily readable. Documents that are not easily readable may be stricken by the appellate court.

   (2) Documents permitted to be filed in paper form shall follow the same formatting set forth in this rule.

   (3) Text shall be aligned to the left side and not justified. Margins shall be set to 1.5 inches on all sides, and lines shall be spaced at 1.15 or 1.2. Extra line spacing is allowed before headings and between paragraphs. Footnotes are not permitted.

   (4) Preferred fonts shall be Century or Century Schoolbook. Other allowed fonts are Times New Roman, Baskerville Old Face, Book Antiqua, or Palatino, and shall be set no less than 12 nor more than 13 point. Type shall not be underscored, but may be italicized or boldfaced for emphasis.

   (5) Except as specifically allowed below in (a) through (g), hyperlinking in appellate court documents is prohibited. Hyperlinking is allowed and encouraged as follows:

   (a) The use of internal hyperlinks and bookmarks;

   (b) To the official Transcript filed in the appellate court;

   (c) To the official Bill of Exceptions of the trial court or lower appellate court;

   (d) To the official Nebraska Reports or Nebraska Appellate Reports. The user shall hyperlink to the official Nebraska Judicial Branch website for Nebraska Reports or Nebraska Appellate Reports (https://www.nebraska.gov/apps-courts-epub/);

   (e) To the official Nebraska Laws, Bills, and legislative history. The user shall hyperlink to the official Nebraska Legislative website for Nebraska Laws, Bills, and legislative history (https://nebraskalegislature.gov/);

   (f) To the official rules of the Nebraska Supreme Court. The user shall hyperlink to the official Nebraska Judicial Branch website for court rules (https://supremecourt.nebraska.gov/supreme-court-rules).

   (g) Hyperlinking shall not detract from the content.

   (6) For additional formatting specific to briefs filed in a case or with a motion, see subsection (C) below.

   (B) General Filing and Service of Motions and Briefs.

   (1) The motion and proof of service shall be filed with the appellate court and a copy shall be served upon the opposing party or the attorney of record. Service and proof of service shall be made as provided in Neb. Ct. R. Pldg. §§ 6-1105(b) and 6-1106(e), and Neb. Ct. R. § 2-205.

   (2) Service of a copy of the brief shall be made either on the opposing party or the attorney of record for the party and upon all other parties participating in the appeal. Service and proof of service shall be made as provided in Neb. Ct. R. Pldg. §§ 6-1105(b)and 6-1106(e), and Neb. Ct. R. § 2-205.

   (3) Service requirements for other filings are found in the specific rule section governing such filings.

   (C) Briefs. The standard form for all briefs shall be as set forth in subsection (A) above with the following additions:

   (1) Cover. The cover on all briefs shall show the appellate court case number; the case caption listing the plaintiff first (regardless of who is appellant); the county from which the case was brought; the name of the trial judge; the name, address, city, state, zip code, telephone number, email address, and Nebraska attorney identification number of the attorney filing the brief (the name of the law firm, if any, may also appear); and the name of the party for whom the brief is filed. If a party or parties represent themselves, it shall contain the above information except for the attorney and firm information. The cover of the brief shall serve as the title page, and no additional title page may be contained within the brief.

   (2) Page numbering for briefs. Page numbering shall begin with the cover page as page one. Numbering shall be displayed in the bottom margin on every page except the cover page.

   (3) Word and page limitations for briefs.

   (a) Briefs may not exceed the following word limitations: original submission, 15,000 words. For appellant, this includes a combined total of appellant’s brief, reply brief, and answer brief to cross-appeal. For appellees and cross-appellants, this includes a combined total of appellee’s brief, brief on cross-appeal, and reply brief to answer brief on cross-appeal. If the appellee asserts a cross-appeal as provided in § 2-109(D), the word count limits per party shall be increased to 18,000.

   (b) For briefs in support for motions for rehearing, other briefs in support of motions, and briefs of amicus curiae, 3,800 words.

   (c) All portions of the brief, including the cover page, table of contents, and table of authorities, as well as signature blocks, count toward the maximum word count.

   (4) Certificate. The final page of all briefs shall include a certificate that the brief complies with the word count as required by this rule. The person preparing the certificate may rely on the word count of the word-processing software used to prepare the brief. The certificate must state the name and version of the word processing software used to prepare the brief, state that the brief complies with the typeface requirements of this rule, and state the total number of words in the brief. The certificate shall not count toward word limits.

   (5) Paper filed briefs may only be filed when the self-represented party is not a registered user of the court-authorized service provider. Paper briefs shall be bound by a single paper clip or binder clip in the upper left-hand corner only and shall not be stapled. Paper briefs shall comply with all formatting requirements of § 2-103(A) unless typewritten. If typewritten, paper briefs shall not exceed 50 pages total on original submission, and 15 pages on briefs in support of a motion for rehearing. Typewritten briefs shall be in nothing smaller than 12-point type and lines shall be double spaced, and pages shall be sequentially numbered as provided in § 2-103(C)(2) above. Service and proof of service of paper filed briefs shall be as provided in § 2-103(B)(2).

   (6) All briefs, together with proof of service, shall be filed with the appellate court on or before the date the brief is due.

   (7) General rules for preparation and content of briefs are found at § 2-109(C) and (D).

Rule 3(B) amended February 22, 2001. Renumbered and codified as § 2-103, effective July 18, 2008; § 2-103 amended June 9, 2021, effective January 1, 2022; § 2-103 amended November 17, 2021, effective January 1, 2022.

   (A) How Ordered; Contents.

   (1) Upon filing the notice of appeal with the clerk of the court from which the appeal is taken, the appellant shall also file with that court a request directing the clerk to prepare a transcript. The request shall designate the pleading or document to be included in the transcript by listing the name of the pleading or document and its date of filing. Attempts by parties to circumvent this section by making generalized requests for all documents filed in the lower court or attaching a pre-printed list from the Register of Actions in JUSTICE shall not be allowed.

   (2) The transcript shall contain the following:

   (a) The judgment, decree, or final order sought to be reversed, vacated, or modified, and the lower court’s memorandum opinion, if any;

   (b) The pleadings upon which the case was tried, as designated by the appellant in the request. In the absence of specification or lack of request by appellant, these shall include: in criminal cases, the charging instrument and document or docket entry showing the plea entered; in civil cases, a copy of the last amended petition or complaint and last amended answer; and

   (c) A copy of the supersedeas bond, if any, given in the trial court, or, if none has been given, a recital of the fact that a bond for costs was given and approved in the trial court, or a deposit made as required by Neb. Rev. Stat. § 25-1914.

   (d) In cases where an application to proceed in forma pauperis has been filed, a copy of the order of the court granting or denying such. If an order has not been signed prior to the 10-day time period to submit the transcript to the Clerk provided in subsection (B) below, the trial court clerk shall submit the order in a supplemental transcript.

   (e) Where an appeal is taken from a district court acting as an intermediate appellate court, the transcript shall contain, at a minimum, the transcript from the county court or other tribunal inferior to the district court, any statement of errors filed in the district court, and all orders of the district court disposing of the appeal heard in the district court.

   (3) If the appellant is of the opinion that other parts of the record are necessary for the proper presentation of the errors assigned in this court, he or she shall further direct the clerk to include in the transcript such additional parts of the record as he or she shall specify in the request. The appellant shall limit his or her request for such additional material to only those portions of the record which are material to the assignments of error. In no instance shall parties request, or the trial court clerk include, any exhibit that may be listed on the trial court register of actions. Inclusion of exhibits in the record shall be as provided in § 2-105(B)(2)(b). In juvenile cases, parties shall not request, and the trial court clerk shall not include, documents that are part of the social file and not part of the public court record.

   (4) If request is made for documents not present in the record of the case, the lower court clerk shall certify that absence to the Clerk using JUSTICE procedures. The lower court clerk may not include, without specific written request, a copy of any document not required under this rule. The lower court clerk shall, upon request, certify that the record does not contain a described document.

   (5) In cases where the punishment is capital, no request for a transcript shall be required. The trial court clerk shall prepare a transcript of the record of the proceedings and shall submit the transcript to the Clerk by System-To-System Transfer. Unless directed otherwise, the trial court clerk shall include in the transcript all filings made in the trial court. Upon receipt of the transcript, the Clerk shall docket the appeal in the Supreme Court unless the appeal has already been docketed based upon a filed notice of appeal.

   (6) A party must raise the absence of a mandatory document prior to submission of the case to the appellate court, unless the court orders otherwise.

   (B) Form. The transcript shall be electronically prepared by the clerk of the court from which the appeal is taken, using JUSTICE procedures. Except as otherwise provided by § 2-104(A)(2)(a) through (e), the clerk of the court from which the appeal is taken shall select only the documents identified on the request for preparation of the transcript. For documents certified and transmitted to the Clerk pursuant to § 2-101(B), such documents shall also be included in the electronic transcript. The transcript shall be submitted from the lower court to the Clerk by System-To-System Transfer as soon as possible but no more than 10 days after the request is received.

   (C) Supplemental Transcript. After the original transcript is filed with the Clerk, any party may, without leave of court, request from the clerk of the court from which the appeal is taken a supplemental transcript containing matters omitted from the original transcript and necessary to the proper presentation of the case in the appellate court. Supplemental transcripts shall be submitted by the lower court in the same form as electronic transcripts using JUSTICE procedures. After filing, no change in the original or supplemental transcript shall be made without leave of court. All supplemental transcripts must be filed prior to the day the case is submitted to the court, unless leave of court is obtained in advance to file later.

   (D) Cases Previously Before the Court. If a case has been appealed previously and a transcript filed in the appellate court in the earlier case, the electronic transcript in the new appeal may contain documents found in any transcript in the previous appeal.

COMMENT

   The court specifically intends to eliminate requests for subpoenas, subpoenas, requests for summonses, summonses, interrogatories, appearances of counsel, notices, and other documents not relevant to the appeal. Opinions of the appellate courts appear in the Nebraska Reports and the Nebraska Appellate Reports and should never be included as part of a transcript.

Rule 4(A)(1)(a) - (c) amended May 28, 1992; Rule (A)(1)(d) adopted October 14, 1999. Renumbered and codified as § 2-104, effective July 18, 2008; § 2-104 amended June 9, 2021, effective January 1, 2022.

   (A) Making and Preserving the Record; Duty.

   (1) "Court reporting personnel," as defined in Neb. Ct. R. § 1-204(A)(1), shall in all instances make a verbatim record of the evidence offered at trial or other evidentiary proceeding, including but not limited to objections to any evidence and rulings thereon, oral motions, and stipulations by the parties. This record may not be waived.

   (2) Upon the request of the court or of any party, either through counsel or by the party if appearing in a self-represented capacity, the court reporting personnel shall make or have made a verbatim record of anything and everything said or done by anyone in the course of trial or any other proceeding, including, but not limited to, any pretrial matters; the voir dire examination; opening statements; arguments, including arguments on objections; any motion, comment, or statement made by the court in the presence and hearing of a panel of potential jurors or the trial jury; and any objection to the court's proposed instructions or to instructions tendered by any party, together with the court's rulings thereon, and any posttrial proceeding.

   (3) In the absence of a request pursuant to subsection (2) above, any party may request the court reporting personnel to make or have made a verbatim record of any particular part or portion of the proceedings not required by subsection (1) above, and the court reporting personnel shall comply with such request.

   (4) Any request under subsections (2) or (3) above shall be made either in a writing filed with the clerk of the trial court or on the record in open court. If filed with the trial court clerk, the trial court clerk shall provide a copy to the court reporting personnel. In the absence of a request in such manner, it shall be conclusively presumed that no such request was made.

   (B) Requesting a Bill of Exceptions; Payment.

   (1) Automatic Direct Appeals. In criminal cases where the sentence is capital punishment, no request for preparation of the bill of exceptions is required. The clerk of the district court in which the conviction was had shall notify the court reporting personnel, who shall prepare the bill of exceptions as expeditiously as possible, but in no event to exceed the time limitations prescribed in § 2-105.01, unless an extension for such later filing is granted by the Supreme Court. Unless directed otherwise, the court reporting personnel shall include in the bill of exceptions the verbatim record of all hearings, trials, or proceedings in the trial court.

   (2) Requests for Bill of Exceptions; Appeals From Trial Court.

   (a) Request by Appellant. Appellant shall file a request to prepare a bill of exceptions in the office of the clerk of the court from which the appeal is taken at the same time the notice of appeal is filed. Failure to file such request at the same time the notice of appeal is filed shall be deemed as a waiver of appellant of the right to request a bill of exceptions, unless pursuant to subsection (f) below the appellate court grants appellant leave to request a bill of exceptions out of time.

   (b) Specification. The request shall specifically identify each portion of the evidence and exhibits offered at any hearing which the party appealing believes material to issues to be presented to the appellate court for review. If the appellant intends to urge on appeal that a finding or conclusion is unsupported by the evidence or is contrary to the evidence, the bill of exceptions must include all evidence relevant to the finding or conclusion.

   (c) Direction of Request. The request filed with the clerk of the court from which the appeal is taken shall be directed to the court reporting personnel responsible for the verbatim record of the proceedings, or if unknown, the name of the trial judge who heard the matter. The appellant shall serve a copy of the request upon the appellee.

   (d) If the request is filed with the notice of appeal, or appellee files a timely request under subsection (f), the clerk of the court from which the appeal is taken shall send the request to prepare a bill of exceptions, along with the notice of appeal to

   (i) the court reporting personnel listed on the request,

   (ii) the court reporting personnel known by the trial court clerk to be responsible for responding to the request,

   (iii) the judge who heard the matter if no court reporting personnel is listed or known, or

   (iv) if court staff is tasked with assigning transcription of the record, to such court staff. The clerk of the trial court shall record such action on the register of actions.

   (e) Supplemental Request by Appellee. If the appellee believes additional evidence should be included in the bill of exceptions, the appellee shall, within 10 days after timely service of the request for bill of exceptions filed by the appellant, file a supplemental request for preparation of bill of exceptions. The request shall be filed with the clerk of the court from which the appeal is taken. A copy of the request shall be sent to the court reporting personnel by the trial court clerk, who shall record such action on the register of actions.

   (f) Failure to Request. If appellant fails to file a request to prepare the bill of exceptions at the same time the notice of appeal is filed, the Clerk shall notify the parties of the failure. In such event, appellee shall have 10 days from the date of filing of the notice of appeal to file a request for a bill of exceptions. The clerk of the court from which the appeal is taken shall process appellee's timely request in the same manner as a request made by appellant at the same time the notice of appeal is filed. Thereafter, no request for a bill of exceptions may be filed without leave of the appellate court for good cause shown, which cause shall not be within a party’s reasonable control. Where the request to prepare a bill of exceptions was not filed at the same time the notice of appeal is filed by appellant, the clerk shall not forward the request to the court reporting personnel. In such event, court reporting personnel shall not provide an estimate or begin preparation of the bill of exceptions until appellant has been granted leave to file the request out of time by the appellate court, and such leave has been filed with the clerk of the court from which the appeal is taken, or appellee has filed a timely request.

   (g) Copy of Request to Appellate Court. A copy of each request for preparation of a bill of exceptions filed in the trial court, together with a copy of the notice of appeal, shall be transmitted by the trial court clerk to the Clerk by System-To-System Transfer.

   (3) District Court as Intermediate Appellate Court.

   (a) Where an appeal is taken from a district court acting as an intermediate appellate court, the clerk of the district court shall transmit to the Clerk without a request by appellant:

   (i) the bill of exceptions of the county court or other tribunal inferior to the district court which is the official record of the county court or other tribunal proceeding, and

   (ii) any supplemental bills of exceptions from the county court or inferior tribunal which were reviewed by the district court.

   (b) No specific request for the transmission of the official record of the county court or inferior tribunal bills of exceptions shall be required by appellant, and such bills of exceptions shall not be included as an exhibit in any bill of exceptions in the district court.

   (c) A request by a party for preparation of a bill of exceptions of the district court proceedings shall be in the same manner as a request for a bill of exceptions upon direct appeal from the district court. See § 2-105(B)(2).

   (4) Fee for preparation of a bill of exceptions on appeal.

   (a) Per-Page Rate. The per-page fee to which an official court reporter or privately contracted court transcriber is entitled, as prescribed by the Supreme Court pursuant to Neb. Rev. Stat. § 25-1140.09, is set forth in Neb. Ct. R. § 1-218.

   (b) Estimate of Cost and Deposit. Except in those cases where payment is to be made by a governmental agency, the State of Nebraska, or any political or governmental subdivision thereof, the court reporting personnel responsible for making the record shall advise the requesting party of the approximate cost of the bill of exceptions within 7 days of receipt of the notice of appeal and request to prepare the bill of exceptions, or after receipt of granting of leave to file a request out of time by the appellate court, or after receipt of appellee’s timely request. Court reporting personnel shall not provide an estimate of cost when the request to prepare a bill of exceptions is not filed with the notice of appeal, or timely filed by appellee. The requesting party shall deposit the estimated cost with the clerk of the trial court within 7 days after receipt of the estimate. The trial court clerk shall notify the Clerk and the court reporting personnel when the deposit is made. The trial court clerk shall retain the deposit in a trust account until the bill of exceptions is filed with the clerk of the trial court. When the bill of exceptions is filed by the court reporting personnel responsible for making the record, the clerk of the trial court shall immediately pay the court reporting personnel the amount of the cost of preparing the bill of exceptions as certified by the court reporting personnel, and refund any excess payment to the appellant. If additional compensation is due, the requesting party shall pay the additional amount to the clerk of the trial court within 10 days after receipt of a statement for the additional amount. A similar procedure shall be followed if an appellee requests a supplemental bill of exceptions, with the appellee being responsible for payments. Costs for a bill of exceptions shall be taxed only upon compliance with this rule.

   (c) Failure to Make Deposit. If the requesting party fails to timely make the required deposit of the estimated cost of preparation, the clerk of the trial court shall transmit a notice thereof to the Clerk and to the court reporting personnel responsible for making the record. Thereafter, unless leave of the appellate court for an extension of time to make the deposit is granted for good cause shown, the appeal shall proceed as if no bill of exceptions had been requested.

   (d) Settlement of Case. The party requesting the preparation of the bill of exceptions may, at any time before the bill of exceptions is completed, file with the trial court clerk a written notice advising the court that settlement has been reached. Upon receipt of the notice, the trial court clerk shall provide the notice to the court reporting personnel and to the Clerk. The trial court clerk shall record such action on the register of actions. Upon receipt of such notice, court reporting personnel shall cease any further work upon the bill of exceptions or, if applicable, immediately notify the private transcriber to cease further work upon the bill. Court reporting personnel shall be entitled to payment by the party ordering such bill of exceptions for the work performed up to the time that such notice was sent to the court reporting personnel and rules with regard to payment of the fees to the official court reporter or privately contracted court transcriber for the bill of exceptions, as otherwise provided herein, shall apply.

   (C) Request by Court Reporting Personnel for Extension of Time for Preparation of Bill of Exceptions.

   (1) Where a bill of exceptions has been ordered according to law and these rules by the timely filing of a request, and the court reporting personnel are unable to prepare (or have prepared) and file the bill of exceptions with the clerk of the court from which the appeal is taken within the times fixed by § 2-105.01(B), the appellate court may grant additional time for preparation of the bill of exceptions upon request of the court reporting personnel authorized by the trial judge.

   (2) A request by court reporting personnel for extension must be made not later than 7 days prior to the expiration of the time originally prescribed, or not later than 7 days prior to the expiration of an extension previously granted. The request, which must specify the length of extension sought and be authorized by the trial court judge currently assigned to the trial court case, shall be submitted to the trial court judge using the electronic filing system for court reporting personnel. The electronic filing system for court reporting personnel will require the court reporting personnel to certify to the following information:

   (a) the number of hours of work performed in court, including any hours spent in travel during court hours for court-related duties, since the receipt of the request on which extension is being requested;

   (b) the number of pending requests for bills of exceptions at the time of receipt of the request for which extension is being sought;

   (c) the estimated total pages comprising the bill of exceptions, together with the number of pages completed as of the date the extension is requested;

   (d) the number of hours spent on work-related duties other than the taking and transcribing of court proceedings since the receipt of the request on which extension is being sought;

   (e) the hours and dates spent in the performance of work for other than the assigned judge;

   (f) any illnesses or family emergencies contributing to the need for the requested extension;

   (g) any vacation time used since the receipt of the request on which extension is being requested; and

   (h) the method of preparing the bill of exceptions; e.g., prepared by the official court reporter, note-reader used, dictated by the reporter and prepared by a typist, or prepared by a privately contracted court transcriber.

   (3) Upon authorization, the trial court judge shall electronically transmit the request to the trial court clerk who shall file the request in the trial court and submit the request to the appellate court via System-To-System Transfer. 

   (4) If such extension is granted, in whole or in part, by the appellate court, appellant’s brief date shall be adjusted accordingly. A first extension will not be routinely granted. Except for exceptional cause, no more than one extension will be granted.

   (5) If no bill of exceptions has been filed by the date on which it is due under these rules, the Clerk, using SCCALES procedures, shall notify the trial court and parties that the appellate court has not received either the bill of exceptions or a request for extension of time. The Clerk shall not issue a notice of default to a party for failure to file a brief until the bill of exceptions has been filed.

   (D) Applicability to Appeals From Tribunals Other Than County, Juvenile, or District Court.

   (1) These rules shall apply to all appeals and error proceedings where specific provision is not made by law for a bill of exceptions.

   (2) Any court reporting personnel approved by the court, board, or tribunal from which the appeal or error proceedings is taken may attend and record the trial or proceedings and prepare a bill of exceptions in an electronic format as set forth in § 2-105.01. No paper bound volumes of a bill of exceptions shall be prepared as the official record of the proceedings.

   (3) The court reporting personnel shall certify the bill of exceptions to be true and complete, and file the same with the chief clerical officer of such court, board, or tribunal in an electronic format within the time provided by law or rule.

   (4) Proposed amendments not agreed to shall be heard and determined by such court, board, or tribunal as provided in § 2-105(G).

   (5) The completed bill of exceptions shall be filed in electronic format in the appellate court within the time provided by law and, if no time be fixed, before the case is submitted to the appellate court.

   (E) Alternate Preparation in Lower Court. If the court reporting personnel is unable to prepare and certify a bill of exceptions, or if a bill of exceptions cannot be prepared and certified under provisions contained elsewhere in these rules, the bill of exceptions shall be prepared and certified electronically under the direction and supervision of the trial judge and shall be filed electronically with the clerk of the court from which the appeal is taken.

   (F) Delivery of the Completed Bill of Exceptions. The completed bill of exceptions shall be filed in the trial court by court reporting personnel using the Electronic filing system portal for court reporting personnel. Upon acceptance and filing thereof by the trial court clerk, the bill of exceptions shall be transmitted to the Clerk via System-To-System Transfer, and the Clerk shall give notice to the parties that the bill of exceptions was filed.

   (G) Amendments to the Bill of Exceptions. The parties in the case may amend the bill of exceptions by written agreement at any time prior to the time the case is submitted to the Supreme Court or Court of Appeals.

   (1) An amended bill of exceptions shall be prepared and transmitted in electronic format as provided by this rule, and the agreement shall be included with the amended bill of exceptions.

   (2) If proposed amendments are not agreed to by all the parties to the case, the matter shall be heard and decided by the trial court after such notice as the court shall direct. Hearings with respect to proposed amendments to a bill of exceptions may be held at chambers anywhere in the state. If the judge shall have ceased to hold office, or shall be prevented by disability from holding the hearing, or shall be absent from the state, such proposed amendments shall be heard by the successor judge, or by another district judge in the district, or by a district judge in an adjoining judicial district.

   (3) The order of the trial court shall be transmitted by supplemental transcript to the Clerk prior to the time the case is submitted to the Supreme Court or Court of Appeals.

Rule 5(C)(1) and (K) amended May 28, 1992; Rule 5(F)(3) amended November 25, 1992; Rule 5(A)(2) amended February 18, 1993; Rule 5(F)(3) amended May 26, 1993; Rule 5(J), (K), (L), and (M) amended September 14, 1994; Rule 5 amended in its entirety February 1, 1995; Rule 5(B)(6)(c) amended September 25, 1996; Rule 5(B)(3)(b) amended September 20, 2000; Rule 5(B)(3)(b)(i) amended June 5, 2002; Rule 5(B)(3)(d) amended Dec. 22, 2004; Rule 5(B)(1)(e) and (B)(12) amended June 22, 2005; Rule 5(B)(3)(b) and (B)(7) amended October 26, 2005; Rule 5(B)(3)b(i) amended January 19, 2006; Rule 5(B)(3)b(i) amended February 23, 2006; Rule 5(B)(6)(c) amended March 22, 2006; Rule 5(B)(1)(e) amended June 4, 2008, effective June 18, 2008. Renumbered and codified as § 2-105, effective July 18, 2008; § 2-105(B)(3)(b)(i) amended December 10, 2008; § 2-105 amended June 9, 2010; § 2-105(B)(3)(a) amended August 4, 2017, effective August 24, 2017; § 2-105(B)(1)(a) amended May 9, 2018; § 2-105 amended June 9, 2021, effective January 1, 2022; § 2-105(B)(4)(c) amended November 17, 2021, effective January 1, 2022; § 2-105(B)(2)(a), (d)- (f), (B)(4)(b) and (c) and (F) amended May 17, 2023.

   (A) Preparation of the bill of exceptions shall commence from the date the request to prepare the bill of exceptions and notice of appeal is filed with the clerk of the court from which the appeal is taken, or if the request to prepare the bill of exceptions was not filed with the notice of appeal, upon order of the appellate court granting appellant leave to file the request to prepare the bill of exceptions out of time, or upon timely filing of such request by appellee. Upon filing the notice of appeal and request for preparation of the bill of exceptions, the clerk of the lower court shall forthwith notify the court reporting personnel of the filing. If the request  to prepare the bill of exceptions is not filed with the notice of appeal, the clerk of the lower court shall follow § 2-105(B)(2)(f), and the court reporting personnel shall not begin preparation of the bill of exceptions until leave of the appellate court is granted. The court reporting personnel shall prepare only those portions specified in the request for preparation of the bill of exceptions.

   (B) The bill of exceptions shall be filed in the court from which the appeal is taken within the following time limits unless an extension of time is approved by the Supreme Court or Court of Appeals as set forth in § 2-105(C) above. The time period begins on the date the estimate of cost is due to be paid by the requesting party:

Civil cases or criminal trials                    7 weeks
Guilty or nolo contendere pleas           3 weeks
Juvenile transfer appeals                        3 weeks

   (C) All bills of exceptions prepared for a case on appeal shall be filed in the court from which the appeal is taken, or where applicable, in the appellate court, in electronic form, as the official record, notwithstanding any format requested by any party or counsel. Where there is an electronic bill of exceptions, no printed bound volumes of the bill of exceptions shall be filed with the court.

   (D) Form of the Bill of Exceptions.

   (1) Index. The bill of exceptions shall have an index, which shall be the first item in the first volume. The index shall show:

   (a) each witness in the order called, and for whom called, and the initial page of the direct, cross, redirect, and recross examination,

   (b) motions to dismiss or to instruct a verdict and any other motions of major import, and stipulations, together with the rulings of the court thereon, and the page or pages where made and ruled on, and

   (c) all exhibits, with a description, and the initial page where marked, offered, ruled on, and found.

   (2) Bookmarks. The bill of exceptions shall contain bookmarks, linking to a specific page or section in the bill of exceptions. Bookmarks shall correspond with the index.

   (E) Format. Each page of the bill of exceptions shall be formatted to accommodate printing on 8 ½ inches by 11 inches of paper and shall have line and page numbers and be portrait orientation. The bill of exceptions shall be in a converted PDF (fully text searchable), rather than a scanned image PDF format. The text shall be in not smaller than 12 point font, double spaced, with not less than 12 points of leading. Preferred fonts shall be Century or Century Schoolbook. Other allowed fonts are Times New Roman, Baskerville Old Face, Book Antiqua, or Palatino. The pages shall be numbered consecutively. Each page of the bill of exceptions shall have line numbers in the left-hand margin from 1 to 25, inclusive, and the lines of typing shall be placed to correspond therewith. No margin line shall exceed ½ inch from the righthand edge of the page. The full name of each witness and whether the examination is direct, cross, or further examination shall be stated at the top of each page of the witness’ testimony. Each volume of the bill of exceptions shall not exceed 50 MB in size. The bill of exceptions shall be visually neat.

   (F) Certificate. The certificate of the court reporting personnel or contracted court transcriber shall be found as the last page in the verbatim bill of exceptions, or as the last page in the last volume of the bill of exceptions, if there are multiple verbatim volumes. The certificate shall not be found in any exhibits volume, whether documentary or media. The certificate of the official court reporter or transcriber shall include a statement of the cost of the bill of exceptions and a showing that such amount is one permitted to be charged by § 2-105(B)(4) and Neb. Ct. R. § 1-218.

   (G) Any request for preparation of a bill of exceptions or supplemental bill of exceptions filed after January 1, 2022, shall be governed by these rules regardless if the matter was held, heard, or determined prior to January 1, 2022.

§ 2-105.01 adopted June 9, 2021, effective January 1, 2022; § 2-105.01 amended November 17, 2021, effective January 1, 2022; § 2-105.01(A) and (B) amended May 17, 2023.

   (A) Separate Volume. Exhibits volumes shall be divided into two types: documentary exhibits volumes and media exhibits volumes, as further defined below. All exhibits shall be placed in the appropriate, separate exhibits volume and shall not be made a part of any verbatim transcription volume.

   (B) Marking and Numbering. All exhibits are to be marked in numerical order, irrespective of the party producing them, and shall show the date on which they were marked. The sequential numbering of exhibits shall begin with the first hearing held in the case and continue until final disposition. The same number shall not be given to more than one exhibit in any case. If the pages of a multipage exhibit are not otherwise numbered, the court reporting personnel shall number the pages in sequence and shall in all instances mark such an exhibit so as to indicate the number of pages it contains. All exhibits should be properly identified as part of the record in the official court reporter’s or private transcriber’s certificate.

   (C) Documentary Exhibits; Offered at Trial; Electronic Exhibits Volume on Appeal. Documentary exhibits include all exhibits except physical exhibits in their original form and media exhibits.

   (1) A documentary item of evidence offered in paper form to a trial court may remain in paper form unless the matter is appealed. If the matter is appealed, the party who offered the exhibit shall submit to the court reporting personnel an electronic version, converted or scanned into PDF format. All exhibits shall be marked and numbered as provided in subsection (B) above.

   (2) For purposes of an appeal, if the party offering a documentary exhibit fails to provide a PDF to the court reporting personnel, the court reporting personnel shall create one by scanning or converting into PDF format at the offering party’s expense.

   (3) The court reporting personnel shall compile all documentary exhibits (including images of physical exhibits converted to PDF) into an electronic exhibits volume(s) and shall organize all exhibits by using bookmarks with the exhibit number identified. Each documentary exhibits volume shall not exceed 50 MB in size. Each documentary exhibits volume shall be filed in the trial court by court reporting personnel using the Electronic filing system portal for court reporting personnel.

   (D) Media Exhibits; File Formats; Physical Volume of Media Exhibits on Appeal. Media exhibits include digital data files not readily convertible to PDF, digital audio files, digital video files, analog audio tapes, and analog video tapes.

   (1) A media exhibit offered in an original format to a trial court may remain in the original format unless the matter is appealed. If the matter is appealed, the party who offered the exhibit shall provide to the court reporting personnel a copy of the exhibit in a format as provided in subsection (3) or (4) below. All exhibits shall be marked and numbered as provided in subsection (B) above.

   (2) For purposes of an appeal, if the party offering a media exhibit fails to provide a copy to the court reporting personnel in the format required by subsection (3) or (4) below, the court reporting personnel shall create one at the offering party’s expense.

   (3) Digital video exhibits shall be submitted to the appellate court in a format compatible for viewing on standard editions of Windows Media Player and/or VLC Media Player. If any other type of video exhibit is presented to the trial court which cannot be viewed on Windows Media Player and/or VLC Media Player, the video exhibit shall be submitted with any necessary additional player application software that allows the exhibit to be easily viewed by the appellate court. Video exhibits shall not be submitted to the appellate court via the Electronic filing system portal for court reporting personnel but may be provided to court reporting personnel on the following media storage devices: CD, DVD, or flash drive. The storage device shall contain only the exhibit(s) and any required player application software and no other files.

   (4) Digital audio exhibits shall be submitted to the appellate court in a format capable for playback on standard editions of Windows Media Player and/or VLC Media Player. If any other type of audio recording is presented to the court which cannot be played back on Windows Media Player and/or VLC Media Player, the party submitting the audio recording shall provide at his or her own expense the appropriate player application software for playback. Audio exhibits shall not be submitted to the appellate court via the Electronic filing system portal for court reporting personnel but may be provided to court reporting personnel on the following media storage devices: CD, DVD, or flash drive. The storage device shall contain only the exhibit(s) and any required player application software and no other files.

   (5) Analog exhibits shall not be provided to the appellate court on appeal. Analog exhibits shall be converted to an appropriate digital file format for viewing or playback as provided in subsection (3) or (4) above at the expense of the party offering the exhibit.

   (6) A separate media exhibits volume shall be created by court reporting personnel containing all media exhibits and shall be separate from the documentary exhibits volume. All exhibits in the separate media exhibits volume shall be listed and described in the index required by § 2-105.01(D)(1). The separate media exhibits volume shall be filed in the trial court and transmitted to the appellate court immediately upon the filing thereof.

   (7) In the event that the appellate court is unable to playback any media exhibit, the court reporting personnel shall provide support to the appellate court. If the court reporting personnel are unable to resolve the problem, the party offering the exhibit shall be responsible to provide any necessary support.

   (E) Physical Exhibits.

   (1) The exhibits volume shall contain no item of physical evidence. The term “physical evidence” means any nondocumentary items and includes, but is not limited to, items such as weapons, contraband, wearing apparel, cell phones, models, money, body fluids, or any other physical item.

   (2) The party offering any nondocumentary item of physical evidence shall substitute for purposes of appeal a photograph, not larger than 8½ by 11 inches, converted or scanned to a PDF image file, which fairly and accurately depicts the item. If the party offering an item of nondocumentary evidence fails to provide a suitable substitute PDF image file for a case being appealed, the court reporting personnel shall cause one to be made at the offering party’s expense. The court reporting personnel shall in all instances preserve the item of physical evidence in its original form and shall make it available to the Supreme Court or Court of Appeals upon request.

   (3) Large physical exhibits or any physical exhibit of any size shall not be sent to the appellate courts except upon request of the appellate court. If a request for such an exhibit is made by the Supreme Court or Court of Appeals, the party who offered the exhibit in the trial court shall arrange and pay for transporting the exhibit to the Clerk of the Supreme Court and Court of Appeals and to arrange and pay for return thereof to the clerk of the trial court. Under no circumstances shall the clerk of the trial court send to the Clerk contraband, drugs, firearms, or other weapons, unless specifically requested to do so by the Supreme Court or Court of Appeals.

   (F) No exhibits constituting visual depiction of sexually explicit conduct involving a child shall be scanned or electronically reproduced or transmitted. See § 2-116(B).

    (G) Parties shall retain a copy of all exhibits to be included in the bill of exceptions on appeal.

§ 2-105.02 adopted June 9, 2021, effective January 1, 2022; § 2-105.02 amended November 17, 2021, effective January 1, 2022.

   (A) Upon an exception allowed by the Clerk, during the implementation period, the trial court clerk may accept for filing a paper documentary exhibits volume(s). In other words, the Clerk may, during the implementation period, grant an exception from the requirements of § 2-105.02(C)(3). The paper documentary exhibits volume shall otherwise be prepared in accordance § 2-105.02. In the event of such allowance of the exception, such paper volume(s) shall be deemed the official record of exhibits. The trial court clerk shall forward the paper volume(s) to the Clerk by U.S. mail and shall not convert or scan the volume(s) into JUSTICE.

   (B) The implementation period shall expire on September 1, 2022, unless otherwise advanced or extended by the Nebraska Supreme Court.

§ 2-105.03 adopted February 23, 2022.

   (A) General rules of form and service for motions are set forth in § 2-103.

   (B) Content; response and submission.

   (1) A motion shall set forth the relief requested and the grounds therefor.

   (2) A response shall be filed within 10 days of the filing of the motion. Any response by a party shall respond to the motion of the moving party and not to a response filed by another party. No response by a moving party shall be allowed to a response filed by any other party.

   (3) A motion shall be submitted for decision:

   (a) upon agreement of all parties in the form of a stipulation; or

   (b) upon receiving a response of all parties; or

   (c) at the conclusion of the 10-day response period, including any time period added for service, if necessary.

   (4) The court is not bound by stipulations of parties.

   (C) Waiver Acceptable. By a properly filed waiver, opposing counsel may waive notice, hearing, and response to a motion.

   (D) Oral Argument. No oral argument is permitted on any motion except as may be ordered by the appellate court; in such event, oral argument shall be limited to 5 minutes per side.

   (E) Motions for Extension of Brief Date.

   (1) Where an extension is sought due to failure of preparation of a bill of exceptions by court reporting personnel, see § 2-105(C) for instructions.

   (2) For cases which are not advanced, all requests for extension of brief date, including the first request, shall be supported by a showing of good cause. Good cause includes, but is not limited to,

   (a) unavailability of required appellate records through no fault of the requestor;

   (b) a showing that a case involves complex and unusual facts or legal issues requiring additional research and preparation time;

   (c) recent change in appellate counsel and/or appointment or hiring of new counsel who is unfamiliar with the appeal; and/or

   (d) specifically listed conflicts with the schedule of another court. Neither the stipulation of the parties nor mere conclusory statements, such as “the press of other business,” constitutes good cause.

   (3) For advanced cases as provided in § 2-111(B)(2), no extension of brief date will be allowed except upon a showing of exceptional cause. Exceptional cause includes, but is not limited to,

   (a) the intervention of something beyond the control of the requestor and/or

   (b) unexpected illness, incapacity, or unforeseeable absence of the person preparing the brief.

   (4) Motions for extension of brief date shall be submitted immediately and may be granted immediately, subject to reconsideration if a timely response is filed.

See appendices 1, 2, and 5 for form.

   (F) Motion to Withdraw. A motion for withdrawal of any counsel of record, including court-appointed counsel, or a guardian ad litem shall state good cause for withdrawal and shall certify that a copy of such motion has been sent to the client’s or ward’s last-known mailing address, which address shall be included in the motion. Service of the motion shall be as set forth in § 2-103(B)(1) to the adverse party’s attorney of record or, if self-represented, to the party.

   (G) Motion for Attorney Fees.

   (1) Civil Cases; Motion and Affidavit. Any person who claims the right under the law or a uniform course of practice to an attorney fee in a civil case appealed to the Supreme Court or the Court of Appeals must file a motion for the allowance of such a fee, citing to the law or uniform course of practice for the allowance of such fee and supported by an affidavit which justifies the amount of the fee sought for services in the appellate court. Any motion failing to cite such law or uniform course of practice will be summarily overruled notwithstanding § 2-106(B)(3).

   (2) Time for Filing. Such a motion must be filed within 10 days after the release of the opinion of the court or the entry of the order of the court disposing of the appeal, unless otherwise provided by statute. Any person filing a motion for attorney fees beyond the 10-day time limit must include within the motion a citation to the statutory authority permitting a filing beyond the time limit prescribed by this rule. For purposes of the subsection, an order of the court disposing of the appeal shall include an order disposing of a motion for rehearing.

   (3) Tolling. A motion for attorney fees which is timely filed in the Court of Appeals shall toll the time for filing a petition for further review. See § 2-102(F).

   (4) The motion and proof of service shall be filed with the court, and a copy shall be served upon the opposing parties or attorneys of record.

   (5) Court-Appointed Counsel. A court-appointed attorney in a criminal or juvenile case, appealed to the Supreme Court or the Court of Appeals, may, after issuance of a mandate by the appellate court, apply to the appointing court for an attorney fee regarding services in the appeal.

   (H) Briefs. Complex motions may be accompanied by a brief. The brief may be in memorandum form and shall be filed with the motion. Format and preparation of briefs shall be as provided in § 2-103(A) and § 2-109(C) and (D).

   (I) Motions Not Covered. Motions for summary disposition and motions for rehearing are covered in §§ 2-107 and 2-113, respectively, and are not covered by this rule.

Rule 6(D) amended May 28, 1992; Rule 6(D) amended May 29, 1997; Rule 6(B) amended March 22, 2006. Renumbered and codified as § 2-106, effective July 18, 2008. § 2-106(D) amended August 27, 2008; § 2-106(H) amended June 6, 2012; § 2-106 amended June 9, 2021, effective January 1, 2022; § 2-106(E)(4) amended November 17, 2021, effective January 1, 2022; § 2-106(G)(1) amended February 14, 2024.

   (A) Summary Disposition on the Court's Own Motion.

   (2) When the court determines that any one or more of the following circumstances exist and are dispositive of the case submitted to the court for decision:

   (a) the judgment is based on findings of fact which are not clearly erroneous;

   (b) the evidence in support of a jury verdict is not insufficient;

   (c) the judgment or order is supported by substantial evidence in the record as a whole; or

   (d) no error of law appears;

and the court also determines that a detailed opinion would have no precedential value, the judgment or order will be affirmed in the following manner: "AFFIRMED. See Neb. Ct. R. App. P. § 2-107(A)(2)."

    (3) When the court determines that grounds may exist for summary reversal of the order or judgment appealed from, such as a prior controlling appellate decision which is dispositive of the appeal or a clear error of law exists, the court may summarily reverse or reverse and remand. Such disposition may occur only after an order to show cause has issued, citing the appellate decision or law deemed controlling, and the parties have been provided an adequate opportunity to respond.

   (B) Motions for Summary Dismissal or Affirmance.

   (1) A motion to dismiss for lack of jurisdiction may be filed at any time after an appeal has been docketed. Such a motion shall document the claimed lack of jurisdiction by citations to the dispositive portions of the record and to the controlling statutory and case law.

   (2) A motion to affirm on the ground that the questions presented for review are so unsubstantial as not to require argument may be filed after the appellant's brief has been filed or the time for filing has expired. Such a motion shall document the claimed lack of substance of the questions presented by citations to the dispositive portions of the record and to the controlling statutory and case law.

   (3) Where appropriate, a motion to affirm may be joined, in the alternative, with a motion to dismiss.

   (4) The appellant may file a written response opposing or supporting the motion within 10 days from the date of service of the motion.

   (5) Upon the filing of objections or the expiration of time allowed therefor, or express waiver of the right to file, a motion for summary disposition shall be considered submitted.

   (6) Motions for summary dismissal or affirmance shall be in the format set forth in § 2-103(A).

   (7) The motion and proof of service shall be as set forth in § 2-103(B).

   (8) The time for filing briefs under § 2-109 is not extended by the filing of a motion for summary dismissal or affirmance.

See appendix 3 for form.

   (C) Stipulation of Parties for Summary Reversal.

   (1) At any time after an appeal has been docketed the parties may file a stipulation that grounds exist for summary reversal of the order or judgment appealed from, such as a prior controlling appellate decision which is dispositive of the appeal or the existence of a clear error of law. The stipulation must cite the appellate decision or law deemed to be controlling and must be executed by all the parties to the appeal.

   (2) Stipulations for summary reversal shall conform to the requirements set forth in § 2-107(B)(6), (7), and (8) above.

   (D) Suggestion of Mootness in Prison Disciplinary, Postconviction Relief, and Habeas Corpus Appeals.

   (1) Type of Action. It is the duty of all parties to an appeal of a prison disciplinary procedure governed by Neb. Rev. Stat. § 83-4,109 et seq., a postconviction relief action governed by Neb. Rev. Stat. § 29-3001 et seq., or a habeas corpus action, at all times during the course of an appeal, to inform the appellate court that the subject is no longer in custody, under sentence or otherwise, and that, therefore, the issues presented in the appeal could be moot.

   (2) Form.

   (a) If any party determines that the issue of the prison disciplinary procedure, postconviction relief, or habeas corpus action has been rendered moot, the party shall so advise the court by filing a "suggestion of mootness" in the form of a motion to dismiss on the ground that the question presented is moot.

   (b) The opposing party or parties may file written responses opposing or supporting the motion within 10 days from the date of service of the motion.

   (c) Upon the filing of responses or the expiration of time allowed therefor, or express waiver of the right to file, a motion for summary disposition on the grounds of mootness shall be considered submitted.

   (d) Motions for summary disposition on the grounds of mootness shall be in the format set forth in § 2-103(A) and otherwise conform to filing requirements.

   (e) The motion and proof of service shall as provided in § 2-103(B).

   (f) The time for filing briefs under § 2-109 is not extended by the filing of a motion for summary disposition on the grounds of mootness.

Rule 7(B)(1) amended August 25, 1993; Rule 7(C) adopted January 23, 1997; Rule 7(B)(7) amended May 29, 1997; Rule 7(A)(3) adopted September 19, 2001; Rule 7(C) amended to (7)(D) September 19, 2001; Rule 7(C) adopted September 19, 2001. Renumbered and codified as § 2-107, effective July 18, 2008. §§ 2-107(B)(7) and (D)(2)(e) amended August 27, 2008; § 2-107(B)(7) and (D)(2)(e) amended June 6, 2012; § 2-107(D) amended June 1, 2017; § 2-107 amended June 9, 2021, effective January 1, 2022.

   (A) Parties. An appeal may be dismissed by the appellant or appellants.

   (B) Form. The motion to dismiss must be in such form as provided in § 2-103(A).

   (C) Service. A motion to dismiss must be served upon the attorney or attorneys of record for all other parties, and must contain proof of such service as required by § 2-103(B).

See appendix 3 for form.

   (D) Submission. A motion to dismiss filed by appellant will be submitted to the court 10 days after it is filed with the appellate court or after service upon opposing counsel or a self-represented party, whichever is later.

   (E) Time for Response of Appellees. Appellee's response to the motion shall be made within 10 days after the motion is filed with the appellate court. Any party having a right of cross-appeal at the time the motion to dismiss is filed may, within the 10-day period provided in this rule, file a notice of intention to cross-appeal. Upon the filing of such notice, the court shall deny the motion to dismiss and shall fix a brief day for the cross-appellant. The cause shall then proceed as if the appeal had originally been perfected by the appellee who has cross-appealed.

   (F) Dismissal by Agreement. All parties may agree to the dismissal of the appeal. In that event, appellees may waive response to the motion to dismiss, or a stipulation may be filed instead of a motion.

Renumbered and codified as § 2-108, effective July 18, 2008. § 2-108 amended June 9, 2021, effective January 1, 2022.

   (A) Time for Filing. The briefs listed below must be filed within the times stated in these rules. Briefs in support of motions are described in §§ 2-106, 2-107, and 2-113. Requests for additional time to file briefs must be made in accordance with the provisions of § 2-106(E). NO EXTENSIONS OF TIME WILL BE ALLOWED IN ADVANCED CASES EXCEPT UPON A SHOWING OF EXCEPTIONAL CAUSE.

   (1) Appellant's briefs must be served and filed as follows:

   (a) No request for preparation of bill of exceptions filed: 30 days from the date the transcript is filed in the appellate court, unless the court directs otherwise.

   (b) Request for preparation of bill of exceptions filed: 30 days after the date the bill of exceptions is due to be filed.

   (2) Appellee's brief must be served and filed within 30 days after appellant has served and filed briefs. If service of appellant's brief is by mail, 3 days are added to allow for delivery time. (See Neb. Ct. R. Pldg. § 6-1106(e).)

   (3) Appellant's reply brief must be served and filed within 10 days after appellee has served and filed briefs; 3 days are added if service of appellee's brief is by mail.

   (4) Briefs of amicus curiae may not be filed without leave of court. See § 2-106 for general requirements for motions. 

   (a) If granting leave to file a brief would result in recusal of a member of the court due to the proposed amicus curiae, the law firm or attorney(s) representing the proposed amicus curiae, or any other reason, leave to file brief of amicus curiae may be denied.

   (b) A motion for leave to file an amicus brief shall be sought no later than 30 days prior to oral argument. A motion for leave to file an amicus curiae brief shall include either a copy of the proposed brief as an attachment or include a concise summary of the brief the amicus curiae intends to file. If leave is granted, amicus curiae shall file the brief as ordered by the court, but no later than 10 days prior to oral argument.

   (c) Oral argument by amicus curiae is controlled by § 2-111(E)(4) and not by this rule. 

   (5) A motion for rehearing and brief in support is governed by § 2-113.

   (6) If rehearing is granted in a case, the parties may file additional briefs at least 1 week prior to reargument or other submission to the court. See § 2-113(L).

   (7) Briefs in advanced cases are due as provided by these rules or as ordered by the court.

   (B) Format and service of briefs are governed by § 2-103.

   (C) General Rules for Preparation of Briefs. In the preparation of the brief, the following general rules shall be observed:

   (1) References to the transcript shall be made by setting forth in parentheses the capital letter "T" followed by the page of the transcript, as, for example, (T26). For supplemental or confidential transcripts, the reference shall be made by setting forth in parentheses either "Supp. T" or "Conf. T," followed by the page of the transcript. In original actions, references shall be made to the pleading and page thereof.

   (2) References to questions, answers, objections, motions, rulings, or any other matters found in the bill of exceptions shall be made by setting forth in parentheses the numbered page and line in the bill of exceptions where found, as, for example, (156:12). The number preceding the colon should represent the page of the bill of exceptions where found, and the number following the colon, the line.

   (3) References to exhibits in the bill of exceptions shall be made by setting forth in parentheses the capital letter E, followed by the number of the exhibit, followed by a comma and the page of the exhibit on which the material to which reference is made appears, as, for example, (E5, p. 95). The bill of exceptions index shall show where the exhibit was offered and received or refused, and does not need citation in the brief. References to documents not in the bill of exceptions but nonetheless subject to review by the appellate court, such as a presentence investigation report, shall identify the document, followed by a comma and the page on which the material to which reference is made appears, as, for example, (Presentence Investigation Report, p. 75).

   (4) Every reference to a reported case shall set forth the title thereof, the volume and page where found, the tribunal deciding the case, and the year decided. If the cited opinion is long, it shall also refer to the page where the pertinent portion of the opinion is found. Nebraska cases shall be cited by the Nebraska Reports and/or Nebraska Appellate Reports, but may include citation to such other reports as may contain such cases. A citation may be hyperlinked to the official Nebraska Reports or Nebraska Appellate Reports. See § 2-103(A)(5).

   (5) If a current statute is relied upon, it must be cited from the last published revision or compilation of the statutes, or supplement thereto, if contained therein; if not contained therein, to the session laws wherein contained, or the legislative bill as enacted. Statutes may also be hyperlinked to the official Nebraska Legislature website. See § 2-103(A)(5).

   (6) Citations to textbooks, encyclopedias, and other works shall give the title, edition, year of publication, volume number, section, and page where found.

   (D) Content of Briefs. BRIEFS FILED WITH THE CLERK OF THE SUPREME COURT AND COURT OF APPEALS SHALL NOT BE CONFIDENTIAL. A brief shall not contain a reproduction, quotation, or extensive paraphrase of material which is declared by any statute, rule of the Supreme Court, or order of a court to be confidential. Instead, parties or counsel may include a citation in the brief, as set forth in § 2-109(C)(1) to (3), to the portion of the record which is confidential.

   (1) The brief of appellant, or plaintiff in an original action, shall contain the following sections, under appropriate headings, and in the order indicated:

   (a) The title page, which is the cover;

   (b) A table of contents with page references, and an alphabetically arranged table of cases, statutes, and other authorities cited, with references to the pages of the brief where cited;

   (c) A statement of the basis of jurisdiction of the appellate court. The jurisdictional statement must identify the statute, court rule, or case law believed to confer jurisdiction on the Supreme Court or Court of Appeals, state relevant facts establishing why the judgment or order sought to be reviewed is an appealable order, and further must include the following information:

   (i) the date of entry of the judgment or order sought to be reviewed;

   (ii) the date of filing of any motion claimed to toll the time within which to appeal, the disposition of such motion, and the date of entry of the order disposing of it;

   (iii) the date of filing of the notice of appeal, and the date of depositing of the docket fee or date of the granting of the order to proceed in forma pauperis, and;

   (iv) if the order sought to be reviewed adjudicates fewer than all the claims, or the rights and liabilities of fewer than all the parties, the jurisdictional statement must recite the language of the order of the court from which the appeal is taken providing the basis for such interlocutory appeal or otherwise identify the statute, court rule, or case law authorizing such interlocutory appeal.

   (d) A statement of the case, which, in original actions, shall state the issues before the court. Except in original actions, the statement of the case shall contain the following, in the order indicated: (1) The kind of action or nature of the case; (2) the issues actually tried in the court below; (3) how the issues were decided and what judgment or decree was entered by the trial court; and (4) the scope of the appellate court's review;

   (e) A separate, concise statement of each error a party contends was made by the trial court, together with the issues pertaining to the assignments of error. Each assignment of error shall be separately numbered and paragraphed. Consideration of the case will be limited to errors assigned and discussed in the brief. The court may, at its option, notice a plain error not assigned;

   (f) Propositions of law shall be contained in separate, numbered paragraphs, and shall state concisely and without argument or elaboration the legal propositions urged as controlling. Only propositions discussed in the argument shall be stated. Each proposition of law shall be followed by a list of supporting authorities. Preference in citation shall be given to those authorities deemed most important. Authorities cited under any proposition must be quoted or otherwise discussed in the argument;

   (g) The statement of facts shall be made in narrative form, and shall consist of so much of the substance of the record as is necessary to present the case. Each and every recitation of fact, whether in the statement of facts or elsewhere in the brief, shall be annotated to the record in the manner set forth in § 2-109(C);

   (h)The appellant's brief must contain, under appropriate headings, a summary of the argument, which must contain a succinct, clear, and accurate statement of the arguments made in the body of the brief and which must not merely repeat the argument headings. The appellee's brief may contain such summary; and

   (i) The argument shall present each question separately, and shall present each proposition of law as best sets forth the contentions of the party. Authorities relied upon shall be quoted or otherwise discussed. A party may make such further statements of fact or quotations from the record as deemed necessary to properly present the question, supporting such facts by appropriate references to the record.

   (2) The brief of appellee, or defendant in an original action, shall contain the following matters, in the order indicated:

   (a) Table of contents and table of cases cited;

   (b) A statement of the basis of jurisdiction of the appellate court, if appellant's statement is not accepted as correct;

   (c) Statement of the case, if appellant's statement thereof is not accepted as correct;

   (d) Propositions of law;

   (e) Statement of facts, if appellant's statement is not accepted as correct or is amplified. Each and every recitation of fact shall be annotated to the record in the manner set forth in § 2-109(C), no matter where in appellee's brief such recitation is made; and

   (f) Argument.

   (3) If a party wishes to avail himself or herself of the provisions of the statute with reference to remittitur, a special assignment of error may be made in the brief of appellee, or a cross-appeal may be taken.

   (4) Cross-Appeal. Where the brief of appellee also presents a cross-appeal, it shall be clearly noted on the cover of the brief. Within the appellee's brief, the cross-appeal shall be set forth in a separate section of the brief. This separate section shall be headed "Brief on Cross-Appeal" and shall be prepared in the same manner and under the same rules as the brief of appellant. See § 2-109(D)(1). Where an appellee submits a brief purporting to be a brief of appellant, which complies with the rules regarding an appellant’s brief, and the appellee’s brief does not take issue with any errors asserted by the appellant, the appellate court may, in its discretion, treat the brief of such appellee as a brief on cross-appeal.

   (5) Reply Briefs. The reply brief shall be prepared in the same manner as the brief of appellee. The answer of appellant to any cross-appeal shall be set forth in a separate division of the reply brief and shall be headed "Answer to Brief on Cross-Appeal," and shall be noted on the cover of the brief.

      (E) Cases Involving Constitutional Questions. A party who asserts that a Nebraska statute is unconstitutional under the Nebraska Constitution or the U.S. Constitution must file and serve notice thereof with the Clerk by a separate notice or by notice in a Petition to Bypass at the time of filing such party's brief. This notice requirement applies to an appellant, appellee, cross-appellant, or cross-appellee if it is the party asserting that a Nebraska statute is unconstitutional. If the Attorney General is not already a party to an action where the constitutionality of the statute is in issue, a copy of the notice and brief asserting unconstitutionality must be served on the Attorney General within 5 days of the filing of the brief with the Clerk, and the Attorney General shall be entitled to file a response and may be heard at oral argument upon seeking leave to do so, which may be granted at the Supreme Court’s discretion. Proof of such service shall be filed with the Clerk. In the absence of such notice pertaining to a constitutional question, the Supreme Court will not consider any constitutional question except by special order of the Supreme Court, which may be issued at its discretion.

   (F) Replacement briefs. If a court orders a party to submit a replacement brief for failure to comply with requirements of this rule, the original brief shall be stricken upon filing of the replacement brief. An order setting a date for filing a replacement brief shall automatically extend the filing date for any responsive brief as follows:

   (1) for a replacement appellant’s brief, the appellee’s brief date is extended to 30 days after the date the replacement brief is due;

   (2) for a replacement appellee’s brief, with or without cross-appeal, the appellant’s reply brief date is extended to 10 days after the date the replacement brief is due.

Rule 9(B)(1), (B)(2)(e), and (B)(5) amended March 25, 1992; Rule 9(B)(2)e amended April 22, 1992; Rule 9(A)(5) amended April 29, 1992; Rule 9(A)(2) amended May 28, 1992; Rule 9(F) amended July 1, 1992; Rule 9(F) amended November 25, 1992; Rule 9(B)(7) amended June 15, 1994; Rule 9(A)(5) and (B)(7) amended October 17, 1995; Rule 9(B) amended September 25, 1996; Rule 9(B)(1) amended November 20, 1996;  Rule 9(A) and (B)(6) amended May 29, 1997; Rule 9(A)(4) amended March 17, 1999; Rule 9(D)(1) and (2) amended October 27, 1999, effective December 6, 1999;  Rule 9(F) amended December 15, 1999; Rule 9(B)(3) amended June 6, 2001; Rule 9(F) amended November 15, 2001; Rule 9(B)(2)(b) amended March 22, 2006; Rule 9(E) amended June 4, 2008, effective June 18, 2008. Renumbered and codified as § 2-109, effective July 18, 2008. § 2-109(A)(2) amended August 27, 2008; § 2-109(D)(1)(h)-(i) amended September 10, 2008, effective January 1, 2009; § 2-109(D) amended November 19, 2008; §§ 2-109(A)(5), (B)(2) and (6)-(7) amended June 6, 2012; § 2-109(C)(1) amended July 2, 2014; § 2-109(D)(4) and (5) amended May 12, 2021; § 2-109 amended June 9, 2021, effective January 1, 2022; § 2-109(A)(4)(a)-(c) amended April 6, 2022; § 2-109(E) amended November 15, 2023.

   (A) Appellant in Default - Failure to File a Brief. If appellant fails to file its brief within the time allowed and no extension of brief date has been granted, the Clerk shall provide notice to all self-represented litigants and all attorneys of record that appellant is in default for failure to file a brief and is required to file a brief within 10 days after receipt of such notice. Appellant's failure to file a brief within the 10-day period subjects the appeal to dismissal. If appellant has sought and obtained an extension of brief date and the court’s order granting the extension subjects the appeal to dismissal without further notice, failure to file the brief within the extended time allowed may result in dismissal of the appeal without further notice. Under no circumstances shall more than one notice of default be required.

   (B) Appellee in Default. Where the appellant's brief has been properly served and filed, even if not within time, and an appellee's brief has not been filed, appellee will be considered in default and appellant may proceed ex parte. If the appellee is in default, and after notice to the appellee, the case will be placed on the proposed call according to the original brief date of the appellee.

   (C) Hearing Not Delayed. The hearing of a case will not be delayed by default of either party in serving or filing briefs, unless, for good cause shown, it is otherwise ordered.

Rule 10(A) amended May 28, 1992. Renumbered and codified as § 2-110, effective July 18, 2008;; § 2-110 amended June 9, 2021, effective January 1, 2022.

   (A) General. Cases are eligible for submission at any time after the appellee's brief has been filed. This rule sets out the methods of scheduling cases for submission, the various submission methods, and rules relating to oral argument.

   (B) Methods of Submission on the Merits.

   (1)(a) The court may order the submission of any case without oral argument. Cases to be submitted without argument may be submitted at any time after the time for filing the appellant's reply brief has expired. The Clerk will notify parties when the order that the case be submitted without argument is entered.

   (b) A party may file a motion requesting oral argument upon notice of the court's order that a case is submitted without oral argument. The motion shall be filed within 7 days after the date of the minute entry submitting the case without oral argument and shall state the reasons for the request. The nonmoving party shall have 7 days after the filing of the motion to respond, at which time the motion shall be submitted to the court for consideration. The granting of the motion shall be at the court's discretion.

   (2) Cases which are advanced are scheduled for oral argument as soon as the appellee's brief is due to be filed. The following categories of cases will be advanced without motion:

   (a) Criminal cases;

   (b) Workers' compensation cases;

   (c) Unemployment compensation cases;

   (d) Questions certified by other courts;

   (e) Original actions;

   (f) Appeals involving custody of minor children;

   (g) Appeals within original concurrent jurisdiction of the court;

   (h) Appeals from the Tax Equalization and Review Commission; 

   (i) Appeals from the Department of Natural Resources; 

   (j) Appeals involving guardianship and/or conservatorship; and

   (k) All juvenile cases, including orders granting or denying juvenile transfers.

   (3) In all other cases, either party may file a motion with the court requesting that the case be advanced for argument. A party seeking an advancement of oral argument shall file a showing in support of said motion setting out the reasons said case should be advanced for oral argument. To ensure proper scheduling, attorneys are requested to notify the Clerk in writing if the case should be advanced and advancement is not obvious.

   (4) Cases which are not advanced are scheduled in the order in which the briefs of the appellee are filed, not in the order in which the cases were docketed. Nonadvanced cases are scheduled in the argument slots remaining after scheduling advanced cases.

   (C) Proposed Call. The proposed call is a list of cases ready for argument and likely to be scheduled for argument during the argument session shown. All advanced cases will be scheduled unless continued, and most nonadvanced cases are scheduled. The proposed call is prepared to allow attorneys to set aside time on their schedules for argument.

   (1) Continuance. Cases on the proposed call may not be continued unless leave is granted by the court. A party may file a motion to continue oral argument, which must be accompanied by a showing of exceptional cause. See § 2-106 for format of the motion.

   (2) Conflicts. If a party has a conflict on a date listed on the proposed call, the party shall file a notice of conflict and serve all parties. Conflict notice must be received by the date listed on the proposed call and will be strictly enforced. If a party cannot argue at any time during the session, a stipulation or motion to continue as provided in § 2-111(C)(1) shall be filed.

   (D) Call. The call is the final schedule of oral arguments for a specified session of the court. Cases are heard in the order listed. Cases will not be continued to another session of the court after scheduling on the call unless leave is granted by the court. A party may file a motion to continue oral argument, which must be accompanied by a showing of exceptional cause. See § 2-106 for the format of the motion.

   (E) Oral Argument. The Supreme Court and Court of Appeals will hear oral argument as scheduled.

   (1) Unless otherwise ordered by the court, oral argument shall not exceed 10 minutes per side in any civil or criminal case; provided, however, that where a criminal defendant has been convicted of first or second degree murder and the case at issue is a direct appeal from such conviction, oral argument shall not exceed 20 minutes per side.

   (2) On the court's own motion or on motion by a party, additional time may be granted. A motion, in the format prescribed by § 2-106, must be filed within 10 days after the proposed call is issued. Such motion must be accompanied by a showing of good cause.

   (3) The court may further limit oral argument in any case. In such event, the Clerk shall notify the parties of the time limit at the time the order is entered.

   (4) No party will be permitted oral argument unless he or she has a brief on file. An amicus curiae may, with the consent of a party, request leave to present oral argument on the side of that party within the time allowed to that party for argument.

   (5) Except where the penalty prescribed by law is life imprisonment or death, or unless ordered by the court, no oral argument is allowed in any criminal case:

   (a) Where the accused entered a plea of guilty or no contest; or

   (b) Where the sole allegation of error is that the sentence imposed was excessive or excessively lenient or the trial court refused to reduce the sentence upon application of the defendant.

   (c) Where the penalty prescribed by law is life imprisonment or death, and § 2-111(E)(5)(a) and/or (b) applies, oral argument shall not exceed 10 minutes per side unless otherwise ordered by the court.

   (6) Unless otherwise directed by the court, the parties may elect to waive oral argument and submit a case solely on the briefs. Such notice to waive oral agrument shall be filed with the Clerk.

   (7) On the motion of any party or on the court’s own motion, the court may allow oral arguments to be held by telephonic or video conferencing methods, or by a combination of telephonic or video conferencing methods and in-person appearances. The Clerk shall notify parties of any allowance for telephonic or video conferencing appearance at arguments and provide information as to submitting requests for parties to appear by such alternate method. In such instances, the court may allow a party to appear by an alternate method without regard to the form of appearance by any other party.

   (8) Courtroom decorum.

   (a) Attorneys or self-represented litigants shall be present in the courtroom and prepared to proceed at the hour set for argument by the court. Unjustified failure to appear may subject the case to dismissal or disciplinary action to the attorneys concerned.

   (b) All persons entering the courtroom shall be seated immediately and shall conduct themselves in a quiet and orderly manner. No person shall eat, drink beverages, or engage in other distracting conduct in the courtroom while court is in session.

   (c) No person shall possess any firearm or other dangerous weapon in the Supreme Court or Court of Appeals courtrooms without the permission of the court. Upon order of the court, any person may be subjected to a search of his or her person and possessions for any weapons, destructive device, or components thereof.

   (F) Court of Appeals Oral Argument. Except in exigent circumstances, the Court of Appeals will hear oral arguments in panels of three judges, as scheduled, in the Court of Appeals courtroom located in the State Capitol Building, or at other locations throughout the state as designated by the Chief Judge. Whenever any member of a panel is not able to be present at the scheduled oral argument of a case, the case shall be deemed submitted to that member on the record and briefs. If a member of a panel is unable for any reason to participate after the case is submitted for decision, the Chief Judge shall appoint a substitute judge from the Court of Appeals or, at the request of the Chief Judge, the Chief Justice may call an active or retired district court judge to serve as a substitute judge, and the case shall be deemed submitted to the new member on the record and briefs. The rules relating to oral argument shall be the same as provided in § 2-111(E), except as may be modified by the Court of Appeals.

   (G) Bankruptcy. In a pending civil action before the appellate court, involving a party named as a debtor in a bankruptcy petition:

   (1) The party named as such debtor in bankruptcy, or any other party to the pending civil action having knowledge of bankruptcy proceedings involving another party to the action pending before the appellate court, shall, as soon as reasonably possible, notify the Clerk concerning the proceedings in bankruptcy. The Clerk will attempt to confirm the existence of such bankruptcy proceedings. On confirmed existence of such bankruptcy proceedings, the proceedings in the appellate court involving such named debtor in bankruptcy shall be suspended immediately. The Clerk shall notify the parties that the action has been suspended. An action so suspended shall be removed from the active docket of the appellate court and shall remain suspended until order of the court restoring the action to the active docket of the court. If the Clerk is unable to confirm existence of the alleged proceeding in bankruptcy, the parties shall be so informed, and compliance with § 2-111(G)(2) is then required.

   (2) If the Clerk is unable to confirm the existence of a bankruptcy proceeding, as provided in § 2-111(G)(1), the party named as a debtor in a bankruptcy petition, or any party to the action having knowledge of the bankruptcy proceedings involving another party to an action pending before the appellate court, shall file with the Clerk a suggestion of bankruptcy and either a certified copy of the bankruptcy petition or a copy of the caption sheet of the bankruptcy petition showing the case number, the names of the parties, and the filing stamp affixed by the clerk of the bankruptcy court.

   (3) An action before the appellate court which involves a party as a named debtor in a bankruptcy petition shall remain suspended as the result of the automatic stay imposed by 11 U.S.C. § 362 (1982) until some party shows that relief from the automatic stay has been granted. A showing regarding relief from the automatic stay shall include a detailed order, signed by the bankruptcy judge, which shall outline the relief granted by the bankruptcy court and shall state that the action, involving a subject matter otherwise within the jurisdiction of the bankruptcy court, may be prosecuted in the courts of the State of Nebraska. Such showing in the appellate court shall be made by motion under § 2-106.

   (4) If a debtor in bankruptcy is a party to a proposed compromise involving an appeal in the appellate court, any party to such compromise shall provide the appellate court with a certified copy of the bankruptcy judge's approval of the compromise, which order of approval shall state that the procedures of Fed. Bankr. R. 2002(a)(3) have been satisfied. After proof of such approval by the bankruptcy court, the appellate court may take appropriate action regarding the matter which is the subject of the compromise involving the debtor in bankruptcy as a party to an action pending in the appellate court.

Rule 11(E) and (F) amended May 28, 1992; Rule 11(F) amended March 31, 1999; Rule 11(B)(2)(i) amended May 17, 2000; Rule 11(B)(2) and (3), (E)(1), (5), and (5)(a) amended March 16, 2005; Rule 11(E)(5)(c) adopted March 16, 2005; Rule 11(B)(2)(j) amended November 22, 2006. Renumbered and codified as § 2-111, effective July 18, 2008; § 2-111(B)(1) amended November 19, 2008; § 2-111(B)(1) amended March 26, 2014; § 2-111(B)(2) amended October 22, 2014; § 2-111(B)(2) amended August 4, 2017, effective August 24, 2017; § 2-111(E)(7)-(8) adopted May 12, 2021; § 2-111 amended June 9, 2021, effective January 1, 2022; § 2-111(B)(2) amended November 17, 2021, effective January 1, 2022; § 2-111(E)(7) amended December 7, 2022.

   (A) Release of Written Opinions. The court will prepare a written opinion in cases where the court believes explanation of its decision is required or that the case is of value as a precedent. Opinions are released as ordered by the court.

   (B) A copy of each opinion shall be sent electronically to all attorneys of record in a case and self-represented parties who have provided a valid email address to the Clerk. Paper copies of opinions shall be sent by U.S. mail only to self-represented parties who do not have a valid email address. Paper copies of opinions shall not be sent by U.S. mail to nonparties or interested persons in a case. A certified copy of each opinion shall be sent electronically by the Clerk via SCCALES to JUSTICE to the clerk of the trial court from which the appeal was taken.

   (C) Official Version. The official opinion of the court shall be the final, edited version which appears in bound Volumes 1 through 274 of the Nebraska Reports.

   For Volume 275 and all volumes thereafter of the Nebraska Reports, the official opinion of the court shall be the final, edited version which appears as certified on the Nebraska Appellate Courts Online Library.

§§ 2-112(B) and (C)(1)-(2) amended October 21, 2015; § 2-112 amended June 9, 2021, effective January 1, 2022.

   (A) Time. A motion for rehearing and brief in support must be filed within 10 days after the release of the opinion of the court or the entry of the order of the court disposing of the appeal. A motion for rehearing is not permitted following an order of the Supreme Court denying a petition for further review. A motion for rehearing which is timely filed in the Court of Appeals shall toll the time for filing a petition for further review. See § 2-102(F). The motion for rehearing and a brief in support are required to be filed. A motion to extend time to file the brief in support of the motion for rehearing may be requested by following the procedure set out in § 2-106(E), except that every request must be accompanied by a showing of good cause.

   (B) Form of Motion. The form of the motion for rehearing shall be as provided in § 2-103(A).

   (C) Contents of Motion. The motion for rehearing need only notify the court that the party filing the motion asks for a rehearing.

   (D) Contents of Brief. The brief in support of the motion for rehearing shall contain the following divisions, in the order indicated:

   (1) tables;

   (2) assignments of error;

   (3) propositions of law; and

   (4) argument.

   The assignments of error shall be set out in separate, numbered paragraphs, pointing out specifically any claimed mistakes or inaccuracies in statements of fact or law in the opinion, and any questions involved which the court is claimed to have failed to consider on the appeal.

   (E) Form of Brief. The brief in support of the motion for rehearing shall be in the same form as provided for all briefs in § 2-103(A) and (C). Briefs in response to the motion for rehearing shall generally follow the form of the brief in support of the motion for rehearing.

   (F) Response. Parties to the case not filing a motion for rehearing may respond to the motion for rehearing and brief in support of the motion within 10 days after the motion for rehearing is filed. A response to a motion for rehearing, or a brief in support, shall not assert a cross-appeal, but a party may separately move for rehearing within the original 10-day period as provided under this rule. If no response will be filed, parties may notify the Clerk in writing, and the motion will be submitted immediately.

   (G) Filing and Service. Motions for rehearing shall be filed and served as provided in § 2-103(B).

   (H) Submission. Oral argument is not permitted on a motion for rehearing. All motions for rehearing will be submitted after a response has been filed, if any, or after the time for filing a response has passed, except as provided in § 2-113(F).

   (I) Mandate. The mandate will not issue until the motion for rehearing has been acted upon, if briefs have been filed, or until the date for filing briefs in support of the motion for rehearing has passed.

   (J) Penalty for Delay. Any party filing a motion for rehearing who does not file the briefs in support of the motion for rehearing by the due date may be assessed all costs of the action.

   (K) Original Actions. This rule shall apply to original actions.

   (L) Briefs on Reargument. Either party may file additional briefs when reargument is ordered by the court. A brief so prepared and served, together with proof of service, shall be filed in the appellate court not less than 1 week before the case is submitted. Except as ordered by the court, no additional assigments of error or cross-appeals may be asserted.

Rule 13 amended May 28, 1992; Rule 13(G) amended October 17, 1995; Rule 13(A) amended May 29, 1997; Rule 13(A) amended September 23, 1998; Rule 13(A) amended December 15, 1999; Rule 13(B) amended March 22, 2006. Renumbered and codified as § 2-113, effective July 18, 2008; § 2-113(K) amended November 10, 2010;  §§ 2-113(A), (G), and (L) amended June 6, 2012; § 2-113(F) amended May 12, 2021; § 2-113 amended June 9, 2021, effective January 1, 2022.

   (A) Mandates.

   (1) Unless agreed by the parties and ordered by the court, no mandate will issue in any case during the time allowed for the filing of a motion for rehearing or petition for further review, or pending the consideration thereof.

   (2) Parties desiring to prosecute proceedings to the United States Supreme Court, and desiring an order staying the mandate, must make application within 7 days from the date of the filing of the opinion or other dispositive entry. The application must be accompanied by a written showing that a federal question is involved. If a motion for rehearing is filed, the application and showing shall be filed with the motion. If the application is granted, the court may require the giving of bond as a condition therefor.

   (3) A motion to recall a mandate must be filed in accordance with the provisions of § 2-106. The motion must be accompanied by a showing that no action has been taken on the mandate by the trial court. The opposing party may file objections to the motion to recall the mandate on or before the date of submission of the motion.

   (B) Costs.

   (1) The following costs are taxed in the Supreme Court and are itemized on the mandate:

   (a) Fees (Neb. Rev. Stat. §§ 33-103 and 33-103.01);

   (b) Transcript preparation fees (only in cases where appellant prevails);

   (c) Attorney fees; and

   (d) Other fees and costs as awarded by the court.

    (2) When unnecessary costs have been made by either party, the court may order the same to be taxed to the party making them, without reference to the disposition of the case.

   (3) At the time the mandate is issued, the Supreme Court Clerk shall send a statement to counsel for the costs which are due to the other party. Payment for costs due is to be made in accordance with Neb. Rev. Stat. § 25-1915.

   (4) A motion to retax costs may be filed in accordance with the provisions of § 2-106 if a party disagrees with the taxation of costs in a case.

Rule 14(A)(1), 14B(1)(a), and (B)(4) amended May 28, 1992. Renumbered and codified as § 2-114, effective July 18, 2008; § 2-114 amended June 9, 2021, effective January 1, 2022.

   (A) Original actions; how commenced.

   (1) An original action may not be commenced except by leave of court.

   (2) Application for leave to commence an original action shall be made by filing with the Supreme Court Clerk a verified petition setting forth the action. Applicant must also file with the Clerk a statement setting forth the basis of the court's jurisdiction and the reasons which make it necessary to commence the action here. No oral argument will be permitted except as may be ordered by the court.

   (B) Original actions; docketing the case.

   (1) All applications for leave of court to file an original action shall be recorded with an application status in SCCALES.

   (2) The docket fee provisions of Neb. Rev. Stat. § 33-103 and § 2-101(G) shall apply.

   (3) If the court accepts the application as an original action, the case status shall be changed to reflect the granting of the application. A second filing fee shall not be required.

   (4) Except where an action is filed electronically, upon the acceptance of the original action, the party making such application shall provide to the Clerk sufficient copies of the verified petition and any attachments for service with the summons. For electronically filed cases, see Neb. Ct. R. § 2-204(B) and (C).

   (C) Exception proceedings pursuant to § 29-2315.01.

   (1) For applications for leave to file an appeal pursuant to Neb. Rev. Stat. § 29-2315.01, the prosecuting attorney shall file the application with the Clerk of the Supreme Court and Court of Appeals as required by the statute, along with the Summary to Accompany the Application.  See appendix 4. The docket fee provisions  of Neb. Rev. Stat. § 33-103 and § 2-101(G) shall apply.

   (2) If the appellate court grants the State’s application for leave to file an appeal pursuant to Neb. Rev. Stat. § 29-2315.01, the provisions of Neb. Rev. Stat. § 25-1912 requiring a notice of appeal and docket fee shall thereafter apply.

   (D) Proceedings for review in appellate courts. Whenever a statute allows an aggrieved party to initiate a proceeding for review directly in one of the appellate courts, the party filing such petition shall provide to the Clerk sufficient copies of the petition and any attachments for service with the summons. For electronically filed cases, see Neb. Ct. R. § 2-204(B) and (C).

Rule 15(B)(2) amended May 28, 1992. Renumbered and codified as § 2-115, effective July 18, 2008; § 2-115(A)(2) amended June 6, 2012; § 2-115 amended June 12, 2019; § 2-115 amended June 9, 2021, effective January 1, 2022.

   (A) Records; Inspect in Person. All records available electronically through SCCALES may also be viewed at a device in the Clerk’s office. Appellate court records shall not be stored in paper form unless specifically provided for in this rule.

   (1) Transcripts and bills of exceptions. Any person is entitled to inspect the electronic transcript and bill of exceptions in the office of the Clerk at the computer terminal provided. Paper copies of a transcript or bill of exceptions shall not be prepared by the court staff unless the requestor pays for a copy of the requested record.

   (2) Exhibits.

   (a) Unless exhibits are included in an electronic bill of exceptions, court reporting personnel shall create a separate paper exhibits volume of the bill of exceptions as provided in § 2-105.02 for appellate court use on appeal. The paper exhibits volume may be inspected in the office of the Clerk but shall not be checked out or removed from the office.

   (b) Parties shall retain a copy of all exhibits to be included in the bill of exceptions on appeal.

   (c) Confidential or sealed exhibits shall not be inspected except by leave of the court.

   (3) Presentence Report. In all cases where a presentence report may be material on appeal, the defendant, his or her counsel, or counsel for the State may request the presentence report to be transmitted to the Clerk. The presentence report to be transmitted shall include the report prepared by probation, all materials submitted to the sentencing judge at or before sentencing, and any materials ordered by the sentencing judge to be included in the report at or before sentencing. In each instance, the trial court clerk shall notify probation with the appropriate trial court case number and appellate court case number. Probation shall then transmit the presentence report to the Clerk. Each page shall be consecutively numbered, with the number at the bottom of the page. The defendant, his or her counsel, or counsel for the State may examine the report at a computer terminal located in and provided by the office of the Clerk. For electronic access to the report by counsel, see Neb. Ct. R. § 6-1906(G).

   (B) Neb. Rev. Stat. § 27-1301 Child Pornography Exhibits. In all cases where exhibits constituting visual depiction of sexually explicit conduct involving a child, as defined by § 27-1301, may be material on appeal, such evidence shall be handled on appeal and controlled by the provisions of Neb. Ct. R. § 6-1801.

   (C) Return of Records to Trial Court. Exhibits volume(s) and Neb. Rev. Stat. § 27-1301 child pornography evidence shall be returned to the clerk of the trial court after the issuance of the mandate in a case. The Clerk may retain records in certain criminal homicide cases to facilitate microfilming of the records.

   (D) Records as Exhibits. Original Supreme Court or Court of Appeals records shall not be introduced as exhibits in any proceeding.

   (E) Microfilm and Scanned Records. Certain records which this court is keeping pursuant to Neb. Rev. Stat. § 29-2521.02 et seq. have been photographed on microfilm. Those records may be converted and stored as PDF or another durable medium as defined by Neb. Ct. R. § 2-201(D) and approved by the Nebraska Supreme Court. Future records shall be scanned and stored as a PDF or another durable medium as defined by Neb. Ct. R. § 2-201(D) and approved by the Nebraska Supreme Court. These records may be checked out or viewed by Nebraska District Court judges. These records shall not be introduced as evidence.

Rule 16(E) amended May 28, 1992; Rule 16(A) amended September 27, 2000; Rule 16(A) and (B) amended May 21, 2003. Renumbered and codified as § 2-116, effective July 18, 2008; § 2-116(B)(1)-(2) and (C) amended January 27, 2010; § 2-116(B)(1) amended June 6, 2012; § 2-116(B)(1) amended September 19, 2013; § 2-116 amended June 9, 2021, effective January 1, 2022; § 2-116(E) amended April 13, 2022.

   (A) Definitions.

   (1) “Judicial proceeding” or “proceeding” as referred to in these rules shall include all public trials, hearings, or other proceedings in the Supreme Court and the Court of Appeals, except those specifically excluded by these rules.

   (2) “Expanded media coverage” includes broadcasting, televising, electronic recording, or photographing of judicial proceedings for the purpose of gathering and disseminating news to the public.

   (3) “Supreme Court” shall mean the Supreme Court of Nebraska.

   (4) “Chief Justice” shall mean the Chief Justice of the Supreme Court of Nebraska.

   (5) “Court of Appeals” shall mean the Nebraska Court of Appeals.

   (6) “Chief Judge” shall mean the Chief Judge of the Nebraska Court of Appeals.

   (B) General. Except as provided below, broadcasting, televising, recording, and photographing will be permitted in all judicial proceedings in the courtroom during sessions of the Supreme Court and the Court of Appeals, including recesses between sessions, under the following conditions:

   (1) There shall be no audio pickup or broadcast of conferences in a court proceeding between attorneys and their clients, between cocounsel, or between judges.

   (2) The quantity and types of equipment permitted in the courtroom shall be subject to the discretion of the Chief Justice within the guidelines set out in the accompanying rules.

   (3) Notwithstanding the provisions of any of these procedural or technical rules, the Chief Justice, or the Chief Judge as to the Court of Appeals, upon application, may permit the use of equipment or techniques at variance therewith, provided the application for variance is made at least 10 days prior to the scheduled hearing. Ruling upon such a variance application shall be in the sole discretion of the Chief Justice or the Chief Judge, as the case may be. Such variances may be allowed by the Chief Justice or the Chief Judge without advance application or notice if all counsel and parties consent.

   (4) The rights provided for herein may be exercised only by persons or organizations which are part of the news media.

   (5) These rules are designed primarily to provide guidance to media and courtroom participants and are subject to withdrawal or amendment by the Supreme Court at any time.

   (C) Preservation of Rights. Expanded media coverage of a proceeding shall be permitted in all judicial proceedings unless the court concludes, after objection and showing of good cause, that under the circumstances of the particular proceeding such coverage would materially interfere with the rights of the parties to a fair trial. The Chief Justice or the Chief Judge, when applicable, may, as to any or all media participants, limit or terminate photographic or electronic media coverage at any time during the proceeding in the event the Chief Justice or Chief Judge finds

   (1) that rules established under this order or additional rules imposed by the Chief Justice or Chief Judge have been violated or

   (2) that substantial rights of individual participants or rights to a fair trial will be prejudiced by such manner of coverage if it is allowed to continue.

   (D) Objections. A party to a proceeding objecting to expanded media coverage under these rules shall file a written objection, stating the grounds therefor, at least 3 days before commencement of the proceeding. All objections shall be heard and determined by the Chief Justice, or the Chief Judge as to the Court of Appeals, prior to commencement of the proceeding. Time for filing of objections may be extended or reduced in the discretion of the Chief Justice, or the Chief Judge as to the Court of Appeals, who may also in appropriate circumstances extend the right of objection to persons not specifically provided for in these rules.

   (E) Technical.

   (1) Equipment to be used by the media in the courtrooms during the proceeding must be unobtrusive and must not produce distracting sound. In addition, such equipment must satisfy the following criteria:

   (a) Still cameras are to be standard, professional quality, single-lens reflex or rangefinder 35 mm cameras, or twin-lens reflex 120 mm cameras in good repair. Motor-driven film advances and autowinders on still cameras are not allowed.

   (b) Television cameras are to be electronic and, together with any related equipment to be located in the courtroom, must be unobtrusive in both size and appearance, and without distracting sound or light. Television cameras are to be designed or modified so that participants in the proceeding being covered are unable to determine when recording is occurring.

   (c) Microphones, wiring, and audio recording equipment shall be unobtrusive and of adequate technical quality to prevent interference with the proceeding being covered. No modifications of existing systems shall be made without approval by the Supreme Court after submission of a specific written proposal which shall include technical specifications and details of the proposed changes. Microphones for use of counsel and judges shall be equipped with off/on switches.

   (2) Other than light sources already existing in the courtroom, no flashbulbs or other artificial lighting device of any kind shall be employed in the courtroom.

   (3) The following limitations on the amount of equipment and number of photographic and broadcast media personnel in the courtroom shall apply:

   (a) At any one time, not more than one still photographer, using not more than two camera bodies and two lenses, shall be permitted in the courtroom during a proceeding.

   (b) Not more than one television camera, operated by not more than one person knowledgeable in its use, shall be permitted in the courtroom during any proceeding. Where possible, recording and broadcasting equipment which is not a component part of a television camera shall be located outside the courtroom.

   (c) Not more than one audio system shall be set up in the courtroom for broadcast coverage of a proceeding. Audio pickup for broadcast coverage shall be accomplished from any existing audio system present in the courtroom, if such pickup would be technically suitable for broadcast. Where possible, electronic audio recording equipment and any operating personnel shall be located outside the courtroom, except that an audio recorder which is a component part of the television camera operating in the courtroom may be used for audio pickup.

   (d) Where the above limitations on equipment and personnel make it necessary, the media shall be required to pool equipment and personnel. Pooling arrangements shall be the sole responsibility of the media, and neither the Supreme Court or the Court of Appeals nor their employees shall be called upon to mediate any dispute as to the appropriate media representatives authorized to cover a particular proceeding.

   (4) Equipment and operating personnel shall be located in, and coverage of the proceeding shall take place from, an area or areas within the courtroom designated by the Chief Justice or Chief Judge.

   (5) Television cameras and audio equipment may be installed in or removed from the courtroom only when court is not in session. In addition, such equipment shall at all times be operated from a fixed position. Still photographers and broadcast media personnel shall not move about the courtroom while a proceeding is in session, nor shall they engage in any movement which attracts undue attention. Still photographers shall not assume body positions inappropriate for spectators.

   (6) All still photographers and broadcast media personnel shall be properly attired and shall maintain proper courtroom decorum at all times while covering the proceeding.

Recodified effective July 18, 2008.

   For good cause, the Supreme Court and the Court of Appeals may shorten the time within which any filing must be made or act must be done.

Rule 19 adopted March 1, 1995. Renumbered and codified as § 2-119, effective July 18, 2008; § 2-119 renumbered to § 2-118 June 9, 2021, effective January 1, 2022.