Article 2: Electronic Filing, Service, and Notice System in Nebraska Trial and Appellate Courts.

Article 2: Electronic Filing, Service, and Notice System in Nebraska Trial and Appellate Courts.

[This Rule, adopted June 9, 2021 and effective January 1, 2022, contains all new language and replaces the former chapter 2, article 2.]

Appendix 1 - Certificate of depositing original, authenticated or certified documents

Appendix 2 - Motion to seal documents pursuant to Neb. Ct. R. § 2-210(C)

Appendix 3 - Confidential cover sheet

unanimous

§ 2-201. Definitions.

§ 2-201. Definitions.

   (A) Electronic Filing. Electronic filing is the transmission of pleadings, motions, and other documents (collectively documents) to the clerk of the trial or appellate court via the internet through the court-authorized service provider. Unless stated otherwise, reference to “filing” in any Nebraska Supreme Court or local court rule shall be presumed to mean electronic filing.

   (B) Electronic Service. Electronic service is the electronic transmission of documents filed in a case from the court-authorized service provider to a Nebraska attorney representing a party in a case, or where authorized, to a user who is not an attorney.

   (C) Electronic Notice. Electronic notice is the electronic transmission of notices, opinions, court entries, and any other dispositional orders or information from the court to all users.

   (D) Durable Medium. Durable medium shall be any information storage medium that is created by a durable process. A process shall be the combination of hardware, software, storage media, techniques, and procedures used to manage, create, store, retrieve, and delete information belonging to the party required to maintain the record. A process shall be durable if it meets the following criteria:

   (1) The process is capable of creating and storing information for the required records retention period.

   (2) The process can be migrated to a successor process when necessary and will retain all information available in the original process after migration to the successor process.

   (3) The process maintains the integrity of information in a readily accessible manner, makes it retrievable, makes it processable through an established usual or routine set of procedures using available hardware and software, and makes it accurately reproducible in a human-readable form.

   (4) The process provides for disaster recovery backups, which are periodically, depending on a retention schedule, verified for restorability and readability, and can be stored in a separate geographical location from the original information.

   (5) The process is demonstrated to create and maintain information for the retention period as specified, in an accurate, reliable, trustworthy, dependable, and incorruptible manner.

   (6) The process allows the removal of information when it reaches the end of its required retention period.

   (7) The process is documented so as to demonstrate to a reasonable person compliance with these criteria.

   (E) Portable Document Format. Documents to be filed must be generated from their electronic source documents (such as word processing files) in portable document format (PDF) that shall have the characteristics required by the court-authorized service provider. Stated another way, a user must convert the word processing document into a PDF using the appropriate software. All documents shall be easily readable. Any document that is not easily readable may be stricken by the court.

   (F) JUSTICE. Judicial User System To Improve Court Efficiency (JUSTICE) is the Nebraska Supreme Court’s Case and Financial Management System for Nebraska trial courts.

   (G) SCCALES. Supreme Court and Court of Appeals Legal Entries System (SCCALES) is the Nebraska Supreme Court’s Case and Financial Management System for Nebraska appellate courts.

   (H) System-To-System Transfer. System-To-System Transfer is the transfer by courts of information and documents within JUSTICE or SCCALES or between JUSTICE and SCCALES. At the discretion of the Chief Justice, System-To-System Transfers may be suspended in certain courts that are experiencing technical difficulties. Upon development of software and upon implementation and approval by the Nebraska Supreme Court, reference to JUSTICE herein may include other case-management systems maintained by any other court, commission, or tribunal in the State of Nebraska.

   (I) User. A user is a person or entity who is required to make use of one or more of the electronic services as defined in § 2-201. Any user who is not a Nebraska attorney may use electronic services only as expressly authorized by these rules.

   (J) Terminology. Reference in any Supreme Court or local rule to “filing”, “service”, or “notice” shall respectively mean electronic filing, electronic service, and electronic notice as defined by these rules as of the date of these rules.

   (K) Court-authorized service provider. The court-authorized service provider for the electronic filing and service system for Nebraska trial and appellate courts is Nebraska.gov.

   (L) Trial court. Under these rules, trial court shall include Nebraska county courts, district courts, and separate juvenile courts, but shall not include the Nebraska Workers’ Compensation Court, a state agency, commission, tribunal, or board, unless specifically referenced in a rule.

   (M) Signature for electronic filings. A filing made through a user’s electronic filing account with the court-authorized service provider and authorized by that user, together with that user’s name on a signature block, constitutes the user’s signature. A user is responsible for all filings made on his or her account, absent clear and convincing evidence of unauthorized use of the account.

§ 2-201 amendments adopted June 9, 2021, effective January 1, 2022.

unanimous

§ 2-202. Mandatory electronic filing, electronic service and electronic notice.

§ 2-202. Mandatory electronic filing, electronic service and electronic notice.

   (A) Electronic Filing, Service, and Notice is mandatory for all Nebraska attorneys in all Nebraska trial and appellate courts unless specifically exempted pursuant to these rules. Electronic filing and service rules apply to non-attorneys only as provided by these rules.

   (B) Exemptions.

   (1) Until the electronic filing and service system is modified to permit initial electronic filing of an entry of appearance by new counsel representing a party to an adoption case, such new counsel shall be permitted to file an entry of appearance in such adoption case in paper form, by fax filing, or alternative electronic means. No other filings shall be permitted in such form or by such means at the same time as the filing of the entry of appearance, and all filings thereafter shall be through the electronic filing and service system. At such time as the electronic filing and service system is modified to permit initial electronic filing of such entry of appearances, this exemption shall have no further force or effect.

   (2) An attorney who is not otherwise required to register under these rules, but who is representing a party on a pro bono basis, may request exemption from the mandatory requirements on a case by case basis. A court may grant the request on a case by case basis and such order granting the request shall be made part of the record in each case where the exemption is allowed. No more than three such exemptions may be requested or granted in any calendar year.

   (3) An attorney who certifies that he or she solely provides pro bono legal services to others may request a no-cost, pro bono attorney account from the court-authorized service provider. Authorization shall be for the calendar year and may be renewable upon recertification by the attorney. Users with a pro bono attorney account shall comply with all other mandatory requirements under these rules.

   (C) These electronic filing, service, and notice rules recognize that documents in proceedings before the Nebraska trial and appellate courts shall be filed, served, noticed, and preserved in an electronic format in lieu of the traditional paper format and prescribe the practices and procedures for authorized users that shall be followed in connection with the filing and service of electronic documents and notices.

   (D) To the extent these rules are inconsistent with any other Nebraska Supreme Court or local rule, the rules in this article govern cases filed electronically on or after the effective date(s) of these rules. Stated another way, if another court rule permits a paper filing, or references a paper filing, the provisions of these rules still apply and require electronic filing and service by Nebraska attorneys and electronic notice by courts unless otherwise specifically excepted by these rules.

§ 2-202 amendments adopted June 9, 2021, effective January 1, 2022; § 2-202(B)(1) amended December 13, 2023.

unanimous

§ 2-203. Mandatory registration; authorized users; email addresses.

§ 2-203. Mandatory registration; authorized users; email addresses.

   (A) Any Nebraska attorney making any filing or appearance in a Nebraska trial or appellate court shall be required to register with the court-authorized service provider. Registration with the court-authorized service provider requires a separate annual maintenance fee as determined by the court-authorized service provider.

   (B) On and after the effective date of these rules, an attorney who has not registered under § 2-203(A) shall be deemed to have withdrawn as an attorney of record in each case for which an appearance was previously entered. Unregistered attorneys who are required to register under § 2-203(A) shall be required to comply with § 2-203(A) in order to proceed as attorney of record in any case.

   (C) Other Users. Non-attorney users may only file documents that do not require an attorney signature. As of the effective date of these rules, and when the technology is available, those listed in this subsection shall electronically file and serve all documents and receive notice from the courts electronically. These users include:

   (1) Pro Hac Vice. Attorneys admitted pro hac vice in a particular case pursuant to Neb. Ct. R. § 3-122. All electronic filings shall be done exclusively by Nebraska counsel with whom the attorney is associated.

   (2) Governmental Agencies. Governmental agencies approved by the Nebraska Supreme Court after registration with the court-authorized service provider.

   (3) Process Servers. Those ordered by statute or by court order to serve process.

   (4) Judicial Branch Officers. Probation officers and associate public guardians not licensed to practice law, unless the document requires an attorney’s signature.

   (5) Indian Child Welfare Act tribal representatives. For cases under the Indian Child Welfare Act, tribal representatives after registration with the court-authorized service provider.

   (6) Court reporting personnel. Court reporting personnel as defined by § 1-204 shall register with the court-authorized service provider. Those persons who create a verbatim record of judicial or quasi-judicial proceedings shall use the court-authorized service provider portal for filing a verbatim record with any court.

   (7) Mediation centers and online dispute resolution platforms approved by the Nebraska Supreme Court.

   (D) Email addresses.

   (1) Email addresses for all electronic services as defined herein offered by the court or its authorized service provider cannot exceed 50 characters. Only one email address per user will be permitted for notices sent by the court.

   (2) Notices from the court shall be sent electronically from the following email address: nsc.noreplycourtnotice@nebraska.gov. User email accounts should be set up to receive all emails from that email address. Do not reply to the above email address. No user may transmit documents to nsc.noreplycourtnotice@nebraska.gov.

   (3) Service correspondence shall be sent electronically from the following email address: ne- support@egov.com. User email accounts should be set up to receive all emails from that email address. Do not reply to the above email address. No user may transmit documents to ne-support@egov.com.

   (4) Until such time as a Nebraska attorney registers as required in subsection (A), notices from the court will be sent to the initial email address provided to the Nebraska Supreme Court Attorney Services Division pursuant to Neb. Ct. R. § 3-803(C). After registration with the court-authorized service provider, all email addresses for all electronic services shall be maintained through the attorney’s account with the court-authorized service provider.

   (5) Emails transmitted to a registered email address are presumed to have been delivered. The presumption may be rebutted only by clear and convincing evidence. 

   (E) Contact Information. Users are responsible for maintaining valid and up-to-date contact  information. When a user’s email address changes, the user shall promptly update all email addresses provided for all electronic services as defined in these rules offered by the court or its service providers. Service or notice upon an obsolete email address shall constitute valid service where the user has not updated his or her email address. Mere usage of a new or different email address in a filed document does not satisfy the requirements of this subsection for an update to the user’s email. No court staff may update contact information upon user request except as otherwise provided in these rules.

   (F) Failure to Register or maintain contact information. Failure by a required attorney to register for electronic services as provided in these rules, or to maintain valid and up-to-date contact information as provided for in subsection (E), may be enforced by any appropriate sanction or order of the trial court or appellate court, or by appropriate disciplinary procedure.

§ 2-203 amendments adopted June 9, 2021, effective January 1, 2022; § 2-203 amended November 17, 2021, effective January 1, 2022.

unanimous

§ 2-204. Electronic filing; initial pleading and summons; appearance of counsel.

§ 2-204. Electronic filing; initial pleading and summons; appearance of counsel.

   (A) Cases shall be commenced in the trial courts under Neb. Rev. Stat. § 25-501 through an electronic filing; however, service of the initial pleading and the summons shall not be made electronically.

   (B) Original actions shall be commenced in the Supreme Court through an electronic filing. Applications for leave to docket appeal filed by a prosecuting attorney pursuant to Neb. Rev. Stat. § 29-2315.01 shall be electronically filed by attorneys in the appellate court. Statutory proceedings for review by petition in the appellate courts shall be initiated through an electronic filing. Service of the initial filing and the summons shall not be made electronically.

   (C) The electronic filing of a complaint or other initial pleading from which printed copies can be made shall be deemed compliant with the requirement of Neb. Rev. Stat. § 25-504.01 for the plaintiff to supply copies of a complaint, and the plaintiff shall have consented to pay the reasonable expense of printing such copies. For electronically filed cases, the clerk shall print copies of the initial pleading for service with the summons, or shall return the summons electronically to the filing party for attachment of copies for service.

   (D) Appearance. Attorneys shall make an entry of appearance by filing a notice of appearance. If an attorney initially appears at a proceeding in open court and orally enters an appearance, he or she shall file an entry of appearance by the close of the next business day. An oral entry of appearance captured by the courtroom clerk which generates a journal entry showing such entry of appearance satisfies this requirement.

   (E) Users shall not submit documents or self-addressed, stamped envelopes for the purpose of receiving signed orders or file-stamped copies of documents back from the court in active cases. Clerks shall use electronic notice to notify parties of such court orders and filings. Nebraska attorneys may also utilize the court-authorized service provider account to find recent filings made in a particular case.

§ 2-204 amendments adopted June 9, 2021, effective January 1, 2022.

unanimous

§ 2-205. Electronic service; certificate of service.

§ 2-205. Electronic service; certificate of service.

   (A) Electronic Service as defined in § 2-201(B) shall be used by Nebraska attorneys and other authorized non-attorney users for any electronically filed document, except for the initial pleading and summons.

   (B) Electronic service to any Nebraska attorney or registered non-attorney user shall constitute service pursuant to Neb. Ct. R. § 6-1105(b)(2)(D).

   (C) All users shall use the system-generated Certificate of Service and not separately attach a Certificate of Service document to the filing. This system-generated certificate shall be deemed to comply with Neb. Ct. R. § 6-1105 and applicable statutes.

   (D) If the system-generated Certificate of Service would be inaccurate or misleading, then the user shall file a supplemental certificate of service to explain or reconcile the inaccuracy. This supplemental Certificate shall not repeat accurate information from the system-generated Certificate.

§ 2-205 amendments adopted June 9, 2021, effective January 1, 2022.

unanimous

§ 2-206. Time of filing and time of service.

§ 2-206. Time of filing and time of service.

   (A) Time of Filing. All documents electronically received by the clerk by 11:59:59 p.m. in the local time zone where the court is located shall be deemed to have been filed on that date.

   (B) Time of Service. All documents electronically received by the court-authorized service provider for electronic service by 11:59:59 p.m. in the local time zone where the court is located shall be deemed to have been served on that date.

   (C) The location of the Clerk of the Supreme Court and Court of Appeals is at Lincoln, Lancaster County, Nebraska.

   (D) For all county court and district courts, the location of the court is deemed to be at the county seat of the county where the action or proceeding is filed.

§ 2-206 amendments adopted June 9, 2021, effective January 1, 2022.

unanimous

§ 2-207. Electronically filing original documents.

§ 2-207. Electronically filing original documents.

   (A) Courts shall accept an accurate copy (duplicate) of an original, certified, or authenticated paper document through electronic filing.

   (B) For cases where a statute requires the original, certified, or authenticated paper document to be filed with the clerk, the filer shall make the duplicate PDF of the original, certified, or authenticated paper document as outlined in subsection (C) below, and submit the original, certified, or authenticated paper document to the clerk within the time prescribed by statute.

   (C) The filer shall scan the original, certified, or authenticated paper document into a PDF and electronically file the scanned PDF duplicate along with the relevant pleadings. The filer shall include a certificate with the scanned PDF duplicate stating the filer has or had physical possession of the original, certified, or authenticated paper document, and will separately deliver the original, certified, or authenticated paper document to the clerk of the court within the time prescribed by statute. See Appendix 1. If a statute allows a certification to be included in the application commencing the action, that certification satisfies the requirements of this rule.

   (D) Upon receipt of the original, certified, or authenticated paper document, the clerk of the court shall make an entry in JUSTICE or SCCALES noting receipt of the original, certified, or authenticated paper document. If the clerk receives the original, certified, or authenticated paper document before commencement of the case, the clerk shall make the JUSTICE or SCCALES entry for the paper document noting the actual date of receipt of the original, certified, or authenticated paper document upon receipt of the duplicate electronic document.

   (E) The clerk shall hold the original, certified, or authenticated paper document in a secure location for as long as required by the records retention schedule, other applicable statute, or court order.

   (F) Any person may request, and shall be granted permission to inspect the original, certified, or authenticated paper document in the office of the clerk of the court.

§ 2-207 amendments adopted June 9, 2021, effective January 1, 2022.

unanimous

§ 2-208. Electronic notice; court documents served on registered attorneys, pro hac vice attorneys, and non-attorney users.

§ 2-208. Electronic notice; court documents served on registered attorneys, pro hac vice attorneys, and non-attorney users.

   (A) Clerks of court shall transmit orders, notices, and other court entries via electronic notice to all attorneys, attorneys admitted pro hac vice, and non-attorney users who have provided email addresses pursuant to this subsection to the clerk of the court unless other law, statute, or court rule requires transmittal by another method.

   (B) Clerks of court shall comply with the system-generated certificate of service attached to the court-issued document. Where a document is required by statute or rule to be served by an attorney or party on another party, court staff shall not serve any such document.

   (C) Non-attorney user notice from a court.

   (1) Non-attorney users who are not registered with the court-authorized service provider and have email capability shall register with a court to receive notice from the court in any case involving that non-attorney user. Such registration shall be completed prior to the filing of any document by the user or within 10 days after receipt of a notice from the court providing the email registration form, whichever occurs first. The user shall submit the form to the court where the case is filed or the appellate court where the appeal is pending.

   (2) If a non-attorney user claims to lack email capability, such user shall demonstrate to the court why it is unreasonable to expect the user to obtain such capability.

   (D) Pro Hac Vice notice from a court. Attorneys admitted pro hac vice in a particular case pursuant to Neb. Ct. R. § 3-122 shall receive notice from the clerk of the court in which he or she is appearing.

   (E) Email addresses shall be in compliance with § 2-203(D). Any change to an email address by a non-attorney user must be made in writing to the clerk of the court where the case is filed or the appeal is pending. An attorney shall update any change in email address through his or her account with the court-authorized service provider.

§ 2-208 amendments adopted June 9, 2021, effective January 1, 2022.

unanimous

§ 2-209. Maintaining originals.

§ 2-209. Maintaining originals.

   Where a document contains original signatures other than the signature of the attorney filing the document, the document shall be maintained by the filer. Where these rules require a party to maintain a document, the filer is required to maintain the document for a period of 2 years after the final resolution of the action, including the final resolution of all appeals.

§ 2-209 amendments adopted June 9, 2021, effective January 1, 2022.

unanimous

§ 2-210. Protected information; redacted documents; and documents filed under seal.

§ 2-210. Protected information; redacted documents; and documents filed under seal.

   (A) Protected information in court records governed by any statute or court rule, including, but not limited to, Neb. Ct. R. §§ 6-1464, 6-1466, 6-1521, 6-1524, and 6-1701, shall not be included in any public filing. By filing protected information in a public document without redaction or failing to request sealing under subsection (C) below, a filer waives the protections set forth in statutes or rules.

   (B) Documents that contain redacted information shall be filed in redacted form. If the filing is unable to be understood with the redacted information, then the filer may proceed under subsection (C) below.

   (C) Where the filer seeks to have the documents, other than those in subsections (A) or (B) above, filed under seal pursuant to an order of the court, the filer shall first file a “motion to seal documents” with the court that contains a description of the document or information sought to be sealed and the rationale for sealing such document or information. See Appendix 2. After the court has entered an order granting the motion and provided a confidential cover page, the filer shall file the document, including the required confidential cover page. No such documents shall be submitted for filing until the court rules on the motion to seal.

   (D) A filer shall file a separate motion for each document or information sought to be sealed, and shall not request multiple documents be sealed within a single motion.

§ 2-210 amendments adopted June 9, 2021, effective January 1, 2022; § 2-210(C) and (D) amended November 17, 2021, effective January 1, 2022.

unanimous

§ 2-211. Signatures on electronic filings and electronic notary stamp.

§ 2-211. Signatures on electronic filings and electronic notary stamp.

   (A) How made.

   (1) An electronically filed document which requires a user’s signature shall be as provided in § 2- 201(M). A non-attorney user shall place only his or her signature on an electronically filed document and shall not purport to sign on behalf of anyone else.

   (2) A notary stamp on a document to be electronically filed may be depicted by using the format “seal, notary public, State of [state name],” and commission expiration date. Signatures and electronic notary stamps shall satisfy signature and certification requirements set out by statute or court rule. If the notarial commission of the particular notary public whose seal is being depicted is limited by county, the filing party shall use the electronic stamp format “seal, notary public, State of [state name], County of [county name].”

   (3) Other seals or stamps, such as those of courts, public bodies, agencies, or officials, or corporations, may be depicted in an electronic filing by using the format “seal, [alphanumeric content of seal].”

   (4) Signatures of parties, witnesses, and notaries, and notary stamps or other seals, shall not be typed or otherwise depicted on filed documents unless the filing party has possession of the original document or documents bearing such signatures and stamps.

   (B) Signatures on documents by court officials shall be as provided by Neb. Ct. R. § 1-301 et seq., Digital Signatures by Court Personnel.

   (C) When a signature is affixed to a document or is deemed to be affixed to a document, that signature shall have the same effect as a handwritten signature of the person whose name appears or is deemed to appear thereon.

   (D) In the event a document is filed by an attorney who has not previously appeared in the proceeding in which said document is filed, the document shall be accompanied by a notice of appearance by the filer for the party on whose behalf the document was filed.

   (E) If a document requires multiple signatures, the filer of the document shall list thereon the names of all signatories, which shall serve as the filer’s attestation that each of the other signatories has concurred  in the filing of the document. In addition to the names of all signatories, the filer shall list each signatory’s email address, mailing address, and telephone number.

   (F) Signatures on documents filed electronically shall be subject to all other requirements and consequences of Neb. Ct. R. Pldg. § 6-1111 and Neb. Rev. Stat. § 25-824 et seq.

   (G) A document that requires the signatures of opposing parties or counsel (such as a stipulation) may be electronically filed by typing the names of each signing party or counsel, but the filer is required to first obtain the original signatures of all opposing parties or counsel on a document, or obtain approval of all opposing parties or counsel in writing.

§ 2-211 amendments adopted June 9, 2021, effective January 1, 2022.

unanimous

§ 2-212. Rejection of document or record; emailing and faxing documents not allowed.

§ 2-212. Rejection of document or record; emailing and faxing documents not allowed.

   (A) Rejection of document or record.

   (1) If a court rejects or declines a document due to noncompliance with an applicable rule, the clerk shall notify the user of the reasons for the rejection. The user may file and serve, where applicable, a corrected document. Rejection due to noncompliance with an applicable rule shall not extend the mandatory or statutory time for the filing of such document.

   (2) If a court rejects or declines a document transmitted through System-To-System-Transfer from another court due to noncompliance with an applicable rule, the clerk of the receiving court shall notify the clerk of the transmitting court of the reasons for the rejection.

   (B) It is the responsibility of the user to keep a record of the notice of rejection to verify the date and time of the original submission.

   (C) Emailing a document to the clerk of court or court staff shall not constitute a court filing and will not generate a file stamp.

   (D) Faxing a document to the court, except as provided by §§ 2-213(C) or 6-601(B), shall not constitute a court filing and will not generate a file stamp.

   (E) Expanded news media requests made by the media pursuant to Neb. Ct. R. § 6-2004(B)(1) are excepted from the prohibition against emailing and faxing documents to the court clerks.

§ 2-212 amendments adopted June 9, 2021, effective January 1, 2022; § 2-212(D) amended May 4, 2022.

unanimous

§ 2-213. Transmission technical problems; corrective order.

§ 2-213. Transmission technical problems; corrective order.

   (A) Upon satisfactory proof that filing, service, or notice sent by a court of a document is not completed because of

   (1) an error in the transmission of the document to the court-authorized service provider which was unknown to the sending party or

   (2) a failure to process the electronic filing when received by the clerk, the court may enter an order permitting the document to be filed as of the date it was first attempted to be sent electronically.

   (B) No order may be entered under these rules which expands the statutory time period for perfecting an appeal or other terminating motion unless there is an affirmative showing by clear and convincing evidence that the failure to make a timely filing was due solely to internal transmission error by the court-authorized service provider or a processing error by the clerk.

   (C) Extended system unavailability. Only in the event of an extended period longer than twenty-four hours where the system is not available, may the user take a paper document to the clerk of the court during regular business hours for filing. If the court maintains a fax machine, the user may make such filing by fax machine. In such instances, the user is responsible for service of the document on parties entitled to service. This subsection does not apply to unavailability of any user’s internet service or computer equipment.

§ 2-213 amendments adopted June 9, 2021, effective January 1, 2022.

unanimous

§ 2-214. Good faith compliance; waiver of certain defects.

§ 2-214. Good faith compliance; waiver of certain defects.

   Upon a showing of substantial good faith compliance with these rules, the court may waive nonjurisdictional defects in filing or service if it finds that no harm has occurred to any party as a result of the defect.

§ 2-214 amendments adopted June 9, 2021, effective January 1, 2022.

unanimous

§ 2-215. Records; public view.

§ 2-215. Records; public view.

   (A) All filings in Nebraska trial or appellate courts are public unless restricted by law, court rule, or court order. See, also, Chapter 1, Article 8, Public Access to Electronic Court Records and Information.

   (B) Presentence or predisposition report. Use of the electronic presentence or predisposition report shall be governed by Neb. Ct. R. § 6-1906.

   (C) 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, such evidence shall be handled and controlled by the provisions of Neb. Ct. R. § 6-1801 and shall not be electronically filed or transmitted electronically to or from any court.

   (D) Record review. Any person is entitled to inspect court records in electronic form at the public terminal or device in the office of the clerk of the trial court, or for appeals, at the public terminal or device in the office of the Clerk of the Supreme Court and Court of Appeals. Court records may also be inspected at the Nebraska State Library located in the Nebraska State Capitol, at the public terminal or device. Paper copies of a court record shall not be prepared by court staff unless the requestor pays for a copy of the record or a portion of the requested record. This subsection does not apply to confidential records or records ordered by the court to be sealed.

   (E) Court records maintained in paper form that are not yet converted to electronic form are not covered under these rules.

§ 2-215 amendments adopted June 9, 2021, effective January 1, 2022.

unanimous

§ 2-216. Optional non-attorney users.

§ 2-216. Optional non-attorney users.

   (A) Once technology allows and upon approval by the Nebraska Supreme Court, non-attorney users may register with the court-authorized service provider and pay the registration fee upon the following conditions:

   (1) The non-attorney user does not claim in forma pauperis status pursuant to Neb. Rev. Stat. § 25-2301 et seq. Registration fees with the court-authorized service provider shall not be waived and docket or filing fees shall be paid by the non-attorney user;

   (2) The non-attorney user has access to the internet and a valid email address.

   (B) Upon registration with the court-authorized service provider, the non-attorney user shall electronically file all documents with Nebraska courts, and shall receive electronic service and notice as provided under these rules.

   (C) Termination of registration. To terminate registration and revert to paper filings, the non-attorney user shall notify in writing the court-authorized service provider and the clerk of every court where filings were made.

   (D) Non-attorney users are held to the same standards as a licensed attorney regarding registration with the court-authorized service provider and use of the electronic filing, service, and notice systems.

   (E) Nothing in these rules authorizes a non-attorney user to engage in the practice of law as defined in Neb. Ct. R. § 3-1001.

   (F) These rules shall not be construed to prohibit filings submitted to the court-authorized service provider by means of a portal approved by the Nebraska Supreme Court for self-represented litigants.

§ 2-216 amendments adopted June 9, 2021, effective January 1, 2022.

unanimous

§ 2-217. Certifications and certificates by licensed attorneys.

§ 2-217. Certifications and certificates by licensed attorneys.

   (A) Wherever consistent with applicable statutes, these rules contemplate that instead of providing an affidavit, an attorney shall provide a certificate or be required to certify to the truth or accuracy of a statement or filing. Wherever any court rule requires a certificate of an attorney or requires an attorney to certify to the truth or accuracy of any statement or filing, the duty imposed by Neb. Ct. R. of Prof. Cond. § 3-503.3(A)(1) applies to such certificate or certification.

   (B) Before making such certificate or certification, the attorney shall use due diligence to determine the truth or accuracy of the matter certified.

§ 2-217 amendments adopted June 9, 2021, effective January 1, 2022.

unanimous