(A) Cases should be disposed of according to the following time standards:

   The age of a case is measured from the time of filing to the date the trial court entered its judgment/decree, the case is dismissed, the petition is withdrawn, the case is transferred to another court on a change of venue, or the case is otherwise disposed, whichever occurs first. Not included for the purpose of determining the age of the case is the time the case is out of the control of the trial judge, such as the time a warrant is outstanding, a party is undergoing assessment or involved in drug court, a bankruptcy stay is in effect, or parties are pursuing court required mediation or parenting education.

   (B) Appropriate procedures should be implemented by the trial judge to meet these standards, and such procedures may include, but are not limited to, the following:

   (1) Early identification of cases that may be resolved without delay or that may be protracted, and a process whereby these cases are given special administrative attention when appropriate;

   (2) Timeframes for the completion of critical steps in the litigation process, including discovery;

   (3) Commencement of trials on a date certain, scheduled with adequate notice to all parties; judges should consider setting more than one trial on a date certain to ensure efficient use of judicial resources while minimizing the numbers of cases that must be reset;

   (4) Utilizing early progression orders and mandatory disclosures to shorten the discovery phase and minimize discovery disputes;

   (5) Firm, consistent procedures for minimizing continuances.

   (C) Each member of the bar shall cooperate with the judiciary in meeting these standards.

   (D) All cases shall be assigned to a judge.

§ 6-101 amended November 27, 2013; § 6-101(A) amended December 13, 2023, effective April 1, 2024.

   Final disposition of probate cases should be within 1 year from filing except when a federal estate tax return is required, and in that event 18 months. A longer interval may be approved where deemed necessary because of extraordinary eventualities, such as exceptionally complicated discovery, stabilization or injury in personal injury cases, or settlement of financial affairs in complex cases.

   (A) Assistance shall be provided to the courts with implementing these standards. The assistance shall include, but is not limited to, the following:

   (1) Provide management reports to assist judges in meeting standards;

   (2) Provide information and education on effective case management.

§ 6-103 amended November 27, 2013.

    These standards are designed as tools to achieve the overall goals of efficiency, productivity, and access to justice, and are not intended as absolute requirements.

   (A) The following case progression standards shall apply to child welfare cases:

   (1) A temporary custody hearing should be held no later than 8 days after the child's removal.

   (2) Adjudication hearings in cases under Neb. Rev. Stat. § 43-247(3)(a) where children have been removed should be held within 60 days of the filing of the petition. Where the children have not been removed, or are returned home shortly after the filing of the petition, the adjudication hearing should occur within 90 days of the date of filing. If the termination of parental rights hearing is happening simultaneously or the case has complex issues or the service of process on a parent or child requires additional time, there can be an exception. In cases where families are participating in voluntary services where a dismissal is anticipated in the future, it would be permitted or allowed to regard the case as on hold, and therefore exempt from the progression standard, until dismissal.

   (3) A disposition hearing should be held within 45 days from the date of the adjudication hearing.

   (4) Review hearings should be held, on the record, every 6 months.

   (5) The time between the filing of a Motion to Terminate Parental Rights and submission for decision should be no more than 90 days. When an initial petition also includes a Motion to Terminate Parental Rights, it should be submitted to the court for decision within 180 days. If service on the parent is delayed, the 90-day or 180-day period may start once service is effected.

   (B) The following case progression standards shall apply to juvenile justice cases:

   (1)  Notwithstanding any federal or state law providing for a longer period, the juvenile shall not be held in detention for more than 48 hours without a probable cause finding being made by the appropriate judicial authority.

   Nothing contained in this rule shall prevent the judges of a separate juvenile court of any county in this state or the county judges having juvenile jurisdiction in any judicial district of this state from adopting a local rule providing for a probable cause finding to be made by the appropriate judicial authority in a timeframe of less than 48 hours nor shall this rule prevent such local rule from requiring the appropriate judicial authority to make a finding whether continued detention is a matter of immediate and urgent necessity because the juvenile is a danger to self or others or to property of others or is at risk for flight.

   (2) An adjudication hearing shall be held within 30 days from the initial date of detention if the juvenile remains detained after the filing of a delinquency petition or 14 days if the juvenile remains detained on a Motion to Revoke Probation.

   (3) The time between the filing of the petition and the adjudication for nondetained juveniles should be no more than 90 days for delinquency or status offenses and no more than 30 days for resolutions of Motions to Revoke Probation for nondetained juveniles.

   (4) A disposition hearing should be held within 45 days from the date of the adjudication hearing.

Rule 3(A) - (D) adopted March 19, 1997. Renumbered and codified as § 6-103, effective July 18, 2008; § 6-103 renumbered to § 6-104 November 27, 2013; § 6-104(A) amended December 18, 2013; § 6-104 amended September 20, 2017.

   (A) No later than the 5th day of each month, each judge shall submit a report form with the State Court Administrator which sets forth:

   (1) Whether any matter has been under advisement for more than 90 days. For district court judges, this includes appeals from county court to district court.

   (2) If so, the title and number of the case, the nature of the matter for decision, the date it was taken under advisement, and the reason it has not been decided.

   (B) A matter is taken under advisement on the date all evidence has been received, or if there is no evidence, the date the legal issue has been heard by the judge. If briefing is allowed after the date of the hearing, the date taken under advisement shall be thirty (30) days after the date of the hearing. Time for filing briefs shall not otherwise affect the date the matter is taken under advisement.

   (C) If a presentence investigation has been requested, the matter is not under advisement until the presentence investigation report is received by the court. Do not include cases in which a bench warrant has been issued.

   (D)The Report of Cases Under Advisement form shall be the form prescribed by Appendix 1. The completed form shall be transmitted electronically to the electronic mail address specified in Appendix 1.

§ 6-105 adopted September 7, 2022; § 6-105 amended December 13, 2023, effective April 1, 2024.

   (A) The purpose of these guidelines is to aid judges of the courts of Nebraska in determining whether a proceeding may be closed from the general public, in whole or in part.

   In formulating such guidelines it must be kept in mind that as a general principle it is the view of the judiciary of the State of Nebraska that proceedings should be open to the public at all times and only closed, in whole or in part, where evidence presented to the court establishes that by permitting all or part of the proceeding to remain open to the public, a party's right to a fair trial will be substantially and adversely affected and there are no other reasonable alternatives available to protect against such substantial and adverse effect.

   We therefore establish the following guidelines to aid judges of the courts of the State of Nebraska in determining whether a judicial proceeding of any type should be closed, in whole or in part.

   (B) Except as otherwise specifically provided by law or by these guidelines, the general public should not be excluded from a legal proceeding of any type or nature, including a pretrial criminal hearing, suppression hearing, or trial on the merits.

   Except as otherwise provided herein, upon motion of the defendant or one standing in the position of a defendant, even if known by another name and hereinafter called defendant, the court may consider excluding the general public from all or a portion of a proceeding at which:

   (A) the voluntariness of a confession may be seriously disputed and the admissibility of the confession will be a material issue either at the preliminary proceeding then before the court, or at a subsequent hearing, including the trial on the merits, and the court finds based upon evidence adduced that permitting the general public to be present during such proceeding is likely to result in substantially injuring or damaging the accused's right to a fair proceeding and that no other reasonable alternative exists to assure the defendant of a fair trial, or

   (B) the defendant is seeking to suppress evidence allegedly obtained illegally and the court finds based upon evidence adduced that permitting the general public to be present during such proceeding is likely to result in substantially injuring or damaging the accused's right to a fair proceeding and that no other reasonable alternative exists to assure the defendant of a fair trial.

   (C) If the court believes that by permitting the general public to be present at either of the hearings noted in § 6-202(A) or (B), the defendant may be denied a fair trial, and the defendant has not moved for closure, the court shall inquire of the defendant, on the record, whether the defendant desires to hold all or a part of such proceeding with the public present. If the defendant elects to hold such hearing with the public present, the court shall so proceed after noting the defendant's election on the record. If the defendant, however, elects to close all or a portion of such proceeding and so advises the court, it shall be as if the defendant has so moved and all of the provisions of these guidelines shall apply.

   Before determining to close such proceedings, in whole or in part, the court shall give reasonable notice to all parties to the proceedings and such other persons who have advised the clerk of the court in writing, in advance of a specific trial, of their desire to be notified if such a motion is presented and is to be considered by the court. In giving such notice, the court will advise all such persons of the time and place when hearing on the motion shall be heard and shall afford all interested persons, including the general public, a reasonable opportunity to be present and prepare for such hearing.

   If the trial court determines after hearing that permitting the general public to hear such matters under consideration will result in a substantial likelihood of injury or damage to the accused's right to a fair trial and no other reasonable alternative for assuring a fair trial exists, the trial court may exclude the general public from such proceeding. To the extent that the trial court can isolate the testimony concerning such matter from other matters presented to the court at the same time, the general public should be excluded only from that portion of the hearings in which such matter is being considered or evidence taken.

Upon entering an order of closure, the court shall articulate written findings as follows:

   (A) that the evidence establishes an adequate basis to support a finding that there is a substantial likelihood that irreparable damage to the accused's right to a fair trial will result from conducting the questioned proceedings in public,

   (B) that a substantial likelihood exists that reasonable alternatives to closure will not adequately protect the accused's right to a fair trial, and

   (C) there is a substantial likelihood that closure will be effective in protecting against the perceived harm.

   The burden of establishing such facts shall be upon the moving party.

   Except as otherwise provided by law, all matters heard by the court after the general public has been excluded shall nevertheless be on the record and shall be made available for public inspection within a reasonable time after a final judgment or verdict in the case has been rendered.

   The court may receive preliminary evidence concerning the matters noted in § 6-204 in camera, in the presence of counsel for the parties and such other members of the public who have requested the right to be present.

   Persons desiring to be present not represented by counsel shall be considered as appearing Pro Se and shall be bound by the orders of the court in regard to such hearing.

   A record shall be made of the hearing in camera. The trial court may order such proceedings sealed until after a final judgment or verdict in the trial court has been rendered. The fact that the case in chief is pending on appeal before the Supreme Court of Nebraska shall not prevent the previously sealed tape from being made available to the public upon request. The sealed record, however, shall be made available for purposes of review by the Supreme Court or other court of competent jurisdiction pertaining to the decision to close the proceedings, in whole or in part.

   Nothing in these guidelines shall be construed, however, to limit the powers of the courts to maintain decorum by ordering unruly spectators removed from the courtroom, or by reasonably limiting the number of spectators, or by exercising similar powers of judges at common law, nor shall anything in these guidelines require a judge to exclude the general public from any such proceedings if, after considering such matter, the trial court concludes that permitting the general public to be present will not create a substantial likelihood of injury or damage to the accused's right to a fair hearing. The fact that an accused or other witness may be embarrassed or be subject to public ridicule by reason of the public being present shall not be grounds upon which to close such matters, it being the intention of these guidelines to prescribe extremely limited situations under which courts shall be closed to the general public and otherwise establish a general policy of permitting courts to be open to the general public, consistent with the accused's constitutional rights to a fair hearing.

   (Revisor's note: The former Nebraska Discovery Rules for All Civil Cases have been renumbered in the revised Nebraska Court Rules as Chapter 6, Article 3, Nebraska Court Rules of Discovery in Civil Cases. Thus, former rule 26 is now Neb. Ct. R. Disc. § 6-326, etc., with the last two numbers of the newly renumbered sections corresponding to the former rule number. Subsections and references within the rule to rules by number and subsection remain unchanged. Thus, a reference in this rule to rule 34(b) should be interpreted and found at Neb. Ct. R. Disc. § 6-334(b), etc.)

   Pursuant to the provisions of Neb. Rev. Stat. § 25-1273.01, the Supreme Court does hereby promulgate the following discovery rules in civil cases, effective as of January 1, 1983.

   These rules shall, as written, apply in the district courts, and in all other courts of Nebraska to the extent not inconsistent with other statutes. Rules 26 and 37 are applicable to county courts as to actions pending in those courts on theeffective date of these rules.

   (a) Discovery Methods. Parties may obtain discovery by one or more of the following methods: depositions upon oral examination or written questions; written interrogatories; production of documents or things or permission to enter upon land or other property for inspection and other purposes; physical and mental examinations; and requests for admission. Unless the court orders otherwise under subdivision (c) of this rule, the frequency of use of these methods is not limited.

   (b) Scope of Discovery. Unless otherwise limited by order of the court in accordance with these rules, the scope of discovery is as follows:

   (1) In General. Parties may obtain discovery regarding any matter, not privileged, which is relevant to the subject matter involved in the pending action, whether it relates to the claim or defense of the party seeking discovery or to the claim or defense of any other party, including the existence, description, nature, custody, condition, and location of any books, documents, or other tangible things and the identity and location of persons having knowledge of any discoverable matter. It is not ground for objection that the information sought will be inadmissible at the trial if the information sought appears reasonably calculated to lead to the discovery of admissible evidence.

   (2) Insurance Agreements. A party may obtain discovery of the existence and contents of any insurance agreement under which any person carrying on an insurance business may be liable to satisfy part or all of a judgment which may be entered in the action or to indemnify or reimburse for payments made to satisfy the judgment. Information concerning the insurance agreement is not by reason of disclosure admissible in evidence at trial. For purposes of this paragraph, an application for insurance shall not be treated as part of an insurance agreement.

   (3) Trial Preparation: Materials. Subject to the provisions of subdivision (b)(4) of this rule, a party may obtain discovery of documents and tangible things otherwise discoverable under subdivision (b)(1) of this rule and prepared in anticipation of litigation or for trial by or for another party or by or for that other party's representative (including his or her attorney, consultant, surety, indemnitor, insurer, or agent) only upon a showing that the party seeking discovery has substantial need of the materials in the preparation of his or her case and that he or she is unable without undue hardship to obtain the substantial equivalent of the materials by other means. In ordering discovery of such materials when the required showing has been made, the court shall protect against disclosure of the mental impressions, conclusions, opinions, or legal theories of an attorney or other representative of a party concerning the litigation.

   A party may obtain without the required showing a statement concerning the action or its subject matter previously made by that party. Upon request, a person not a party may obtain without the required showing a statement concerning the action or its subject matter previously made by that person. If the request is refused, the person may move for a court order. The provisions of Rule 37(a)(4) apply to the award of expenses incurred in relation to the motion. For purposes of this paragraph, a statement previously made is (A) a written statement signed or otherwise adopted or approved by the person making it, or (B) a stenographic, mechanical, electrical or other recording, or a transcription thereof, which is a substantially verbatim recital of an oral statement by the person making it and contemporaneously recorded.

   (4) Trial Preparation: Experts. Discovery of facts known and opinions held by experts otherwise discoverable under the provisions of subdivision (b)(1) of this rule and acquired or developed in anticipation of litigation or for trial may be obtained only as follows:

   (A)(i) A party may through interrogatories require any other party to identify each person whom the other party expects to call as an expert witness at trial, to state the subject matter on which the expert is expected to testify, and to state the substance of the facts and opinions to which the expert is expected to testify and a summary of the grounds for each opinion.

   (ii) Upon motion, the court may order further discovery by other means, subject to such restrictions as to scope and such provisions, pursuant to subdivisions (b)(4)(C) of this rule, concerning fees and expenses as the court may deem appropriate.

   (B) A party may discover facts known or opinions held by an expert who has been retained or specially employed by another party in anticipation of litigation or preparation for trial and who is not expected to be called as a witness at trial, only as provided in Rule 35(b) or upon a showing of exceptional circumstances under which it is impracticable for the party seeking discovery to obtain facts or opinions on the same subject by other means.

   (C) Unless manifest injustice would result,

   (i) the court shall require that the party seeking discovery pay the expert a reasonable fee for time spent in responding to discovery under subdivisions (b)(4)(A)(ii) and (b)(4)(B) of this rule; and

   (ii) with respect to discovery obtained under subdivision (b)(4)(A)(ii) of this rule the court may require, and with respect to discovery obtained under subdivision (b)(4)(B) of this rule the court shall require, the party seeking discovery to pay the other party a fair portion of the fees and expenses reasonably incurred by the latter party in obtaining facts and opinions from the expert.

   (c) Protective Orders. Upon motion by a party or by the person from whom discovery is sought, and for good cause shown, the court in which the action is pending or alternatively, on matters relating to a deposition, the district court in the district where the deposition is to be taken, may make any order which justice requires to protect a party or person from annoyance, embarrassment, oppression, or undue burden or expense, including one or more of the following:

   (1) that the discovery not be had;

   (2) that the discovery may be had only on specified terms and conditions, including a designation of the time or place;

   (3) that the discovery may be had only by a method of discovery other than that selected by the party seeking discovery;

   (4) that certain matters not be inquired into, or that the scope of the discovery be limited to certain matters;

   (5) that discovery be conducted with no one present except persons designated by the court;

   (6) that a deposition after being sealed be opened only by order of the court;

   (7) that a trade secret or other confidential research, development, or commercial information not be disclosed or be disclosed only in a designated way;

   (8) that the parties simultaneously file specified documents or information under seal with access only as directed by the court.

If the motion for a protective order is denied in whole or in part, the court may, on such terms and conditions as are just, order that any party or person provide or permit discovery. The provisions of Rule 37(a)(4) apply to the award of expenses incurred in relation to the motion.

   (d) Sequence and Timing of Discovery. Unless the court upon motion, for the convenience of parties and witnesses and in the interests of justice, orders otherwise, methods of discovery may be used in any sequence and the fact that a party is conducting discovery, whether by deposition or otherwise, shall not operate to delay any other party's discovery.

   (e) Supplementation of Responses. A party who has responded to a request for discovery with a response that was complete when made is under no duty to supplement his or her response to include information thereafter acquired, except as follows:

   (1) A party is under a duty seasonably to supplement his or her response with respect to any question directly addressed to

   (A) the identity and location of persons having knowledge of discoverable matters, and

   (B) the identity of each person expected to be called as an expert witness at trial, the subject matter on which he or she is expected to testify, and the substance of his or her testimony.

   (2) A party is under a duty seasonably to amend a prior response if he or she obtains information upon the basis of which

   (A) he or she knows that the response was incorrect when made, or

   (B) he or she knows that the response though correct when made is no longer true and the circumstances are such that a failure to amend the response is in substance a knowing concealment.

   (3) A duty to supplement responses may be imposed by order of the court or by agreement of the parties.

   (f) Service of Discovery Documents. Except as otherwise ordered by the court, every discovery document and every motion relating to discovery and response thereto required to be served upon a party shall be served upon each of the parties not in default for failure to appear.

   (g) Filing of Discovery Materials. Discovery materials that do not require action by the court shall not be filed with the court. All such materials, including notices of deposition, depositions, certificates of filing a deposition, interrogatories, answers and objections to interrogatories, requests for documents or to permit entry upon land and responses or objections to such requests, requests for admissions and responses or objections to such requests, subpoenas for depositions or other discovery and returns of service of subpoenas, and related notices shall be maintained by the parties.

   Discovery materials shall be filed with the court only when ordered by the court or when required by law. If the original of a deposition is not in the possession of a party who intends to offer it in evidence at a hearing, that party may give notice to the party in possession of it that the deposition will be needed at the hearing. Upon receiving such notice the party in possession of the deposition shall either make it available to the party who intends to offer it or produce it at the hearing.

Rule 26(g) amended December 12, 2001; Comments to Rule 26(g) amended December 12, 2001. Renumbered and codified as § 6-326, effective July 18, 2008; § 6-326(c)(8) and (f) amended June 9, 2021, effective January 1, 2022.

   (a) Before Action.

   (1) Petition. A person who desires to perpetuate his or her own testimony or that of another person regarding any matter that may be cognizable in any court of this state may file a petition verified by affidavit of the petitioner or his or her attorney in the district court in the district of the residence of any expected adverse party. The petition shall be entitled in the name of the petitioner and shall show:

   (i) The petitioner expects to be a party to an action cognizable in a court of this state but is presently unable to bring it or cause it to be brought;

   (ii) the subject matter of the expected action and his or her interest therein;

   (iii) the facts which he or she desires to establish by the proposed testimony and his or her reasons for desiring to perpetuate it;

   (iv) the names or a description of the persons he or she expects will be adverse parties and their addresses so far as known; and

   (v) the names and addresses of the persons to be examined and the substance of the testimony which he or she expects to elicit from each, and shall ask for an order authorizing the petitioner to take the depositions of the persons to be examined named in the petition, for the purpose of perpetuating their testimony.

   (2) Notice and Service. The petitioner shall thereafter serve a notice upon each person named in the petition as an expected adverse party, together with a copy of the petition, stating that the petitioner will apply to the court, at a time and place named therein, for the order described in the petition. At least twenty days before the date of hearing the notice shall be served in the manner provided for service of summons; but if such service cannot with due diligence be made upon any expected adverse party named in the petition, the court shall order service by publication in the manner provided in Rule 30(b)(1)(D), and shall appoint, for persons not served in the manner provided for service of summons, an attorney who shall represent them, and, in case they are not otherwise represented, shall cross-examine the deponent. If any expected adverse party is a minor or incompetent the provisions of Neb. Rev. Stat. § 25-309 shall apply.

   (3) Order and Examination. If the court is satisfied that the perpetuation of the testimony may prevent a failure or delay of justice, it shall make an order designating or describing the persons whose depositions may be taken and specifying the subject matter of the examination and whether the depositions shall be taken upon oral examination or written questions. The depositions may then be taken in accordance with these rules; and the court may make orders of the character provided for by Rules 34 and 35. For the purpose of applying these rules to depositions for perpetuating testimony, each reference therein to the court in which the action is pending shall be deemed to refer to the court in which the petition for such deposition was filed.

   (4) Use of Deposition. If a deposition to perpetuate testimony is taken under these rules or if, although not so taken, it would be admissible in evidence in the courts of the state in which it is taken, it may be used in any action involving the same subject matter subsequently brought in a district court in this state, in accordance with the provisions of Rule 32(a).

   (b) Pending Appeal. If an appeal has been taken from a judgment of a district court, the appellate court, upon motion filed therein and notice and service thereof as if the action was pending in the district court, may remand the motion to the district court for consideration and ruling, may itself overrule the motion, or, if the appellate court finds that the perpetuation of the testimony is proper to avoid failure or delay of justice, may itself enter an order allowing the depositions to be taken and may make orders of the character provided for by Rules 34 and 35, and thereupon the depositions may be taken and used in the same manner and under the same conditions as are prescribed in these rules for depositions taken in actions pending in the district court. The motion shall show

   (1) the names and addresses of persons to be examined and the substance of the testimony which he or she expects to elicit from each;

   (2) the reasons for perpetuating their testimony.

   (c) Perpetuation by Action. This rule does not limit the power of a court to entertain an action to perpetuate testimony.

Rule 27(b) amended January 14, 1998. Renumbered and codified as § 6-327, effective July 18, 2008. § 6-327(a)(2) amended October 21, 2015, effective January 1, 2016.

   (a) Within this State. Within this State depositions may be taken before a judge or clerk of the Supreme Court or district court, a county judge, clerk magistrate, notary public, or any person appointed by the court in which the action is pending. A person so appointed has power to administer oaths and take testimony.

   (b) Elsewhere Within the United States. Within other states of the United States or within a territory or insular possession subject to the jurisdiction of the United States depositions may be taken before an officer authorized to administer oaths by the laws of the United States or of the place where the examination is held, or before a person appointed by the court in which the action is pending. A person so appointed has power to administer oaths and take testimony.

   (c) In Foreign Countries. In a foreign country, depositions may be taken

   (1) on notice before a person authorized to administer oaths in the place in which the examination is held, either by the law thereof or by the law of the United States, or

   (2) before a person commissioned by the court, and a person so commissioned shall have the power by virtue of his or her commission to administer any necessary oath and take testimony, or

   (3) pursuant to a letter rogatory.

   A commission or a letter rogatory shall be issued on application and notice on terms that are just and appropriate. It is not requisite to the issuance of a commission or a letter rogatory that the taking of the deposition in any other manner is impracticable or inconvenient; and both a commission and a letter rogatory may be issued in proper cases. A notice or commission may designate the person before whom the deposition is to be taken either by name or descriptive title. A letter rogatory may be addressed "To the Appropriate Authority in [here name the country]." Evidence obtained in response to a letter rogatory need not be excluded merely for the reason that it is not a verbatim transcript or that the testimony was not taken under oath or for any similar departure from the requirements for depositions taken within the United States under these rules.

   (d) Disqualification for Interest. The officer before whom the deposition is taken and the person recording the testimony shall not be a relative, employee, or attorney of any of the parties, nor a relative or employee of such attorney, nor financially interested in the action.

   (e) Depositions for Use in Other Jurisdictions. Rule 30A applies when the deposition of any person is to be taken in this state for use in proceedings in another state. When the deposition of any other person is to be taken in that state for use in proceedings in another country, witnesses may be compelled to appear and testify in the same manner and by the same process and proceedings as may be employed for the purpose of taking testimony in proceedings pending in this state. The district court for the county where the deponent is found may make such orders as could be made if the deposition were intended for use in this jurisdiction, having due regard for the laws and rules of the other country.

§ 6-328(e) and Comment amended January 27, 2021, effective February 16, 2021.

   Unless the court orders otherwise, the parties may by written or otherwise recorded stipulation:

   (1) Provide that depositions may be taken before any person, at any time or place, upon any notice, and in any manner and when so taken may be used like other depositions, and

   (2) Modify the procedures provided by these rules for other methods of discovery.

   (a) When Depositions May Be Taken. After commencement of the action, any party may take the testimony of any person, including a party, by deposition upon oral examination. Leave of court, granted with or without notice, must be obtained only if the plaintiff seeks to take a deposition prior to the expiration of thirty days after service of summons, except that leave is not required:

   (1) If a defendant has served a notice of taking a deposition or otherwise sought discovery, or

   (2) If special notice is given as provided in subdivision (b)(2) of this rule.

   The attendance of witnesses may be compelled by subpoena. The deposition of a person confined in prison may be taken only by leave of court on such terms as the court prescribes.

   (b) Notice of Examination: General Requirements; Special Notice; Recording; Interpreters; Production of Documents and Things; Deposition of Organization; Officer's Duties.

   (1)(A) A party desiring to take the deposition of any person upon oral examination shall give reasonable notice in writing to every other party to the action. The notice shall state the time and place for taking the deposition and the name and address of each person to be examined, if known, and, if the name is not known, a general description sufficient to identify him or her or the particular class or group to which he or she belongs. The notice shall also state the name, address, telephone number, and email address (if any) of the party taking the deposition or if the party is represented, the party's attorney. If it is known that an interpreter will be used, the notice shall state that an interpreter will be used and shall state the language that will be interpreted or the type of interpretation (e.g., sign language). If it is unknown whether an interpreter may be necessary, the notice shall include the following advisory statement: "If you are a person who is deaf, hard of hearing, or unable to communicate in the English language, you should contact as soon as possible the attorney or the party whose name is stated in this notice or subpoena and let that attorney or party know that you will need the help of an interpreter to understand and answer questions during the deposition."

   (B) If a subpoena is to be served on the person to be examined, the subpoena shall contain the same information required by subdivision (A) of this rule. The advisory statement required by subdivision (A) may be omitted from the notice if it is included in the subpoena.

   (C)(1) If a subpoena duces tecum is to be served on the person to be examined, the designation of the materials to be produced pursuant to the subpoena shall be attached to or included in the notice. If any of the materials are in a language other than English, the person on whom the subpoena duces tecum is served shall promptly notify the party serving the subpoena of the language(s). The party serving the subpoena shall then promptly notify every other party to the action of the language(s).

   (2) The notice to a party deponent may be accompanied by a request made in compliance with Rule 34 for the production of documents and tangible things at the taking of the deposition. The procedure of Rule 34 shall apply to the request.

   (D) When the party against whom the deposition is to be used is unknown or is one whose whereabouts cannot be ascertained, he or she may be notified of the taking of the deposition by publication or by any manner that is approved by the court and reasonably calculated under the circumstances to provide the party with actual notice. The publication must be made once in some newspaper printed in the county where the action is pending, if there be any printed in such county, and if not, in some newspaper printed in this state of general circulation in that county. The publication must contain all that is required in a written notice and must be made at least ten days prior to the deposition. Publication may be proved in the manner prescribed in Neb. Rev. Stat. § 25-520. Before publication, a copy of the written notice shall be filed with the court in which the action is pending.

   (2) Leave of court is not required for the taking of a deposition by plaintiff if the notice:

   (A) States that the person to be examined is about to go out of the State of Nebraska and will be unavailable for examination in the State of Nebraska unless his or her deposition is taken before expiration of the thirty-day period, and

   (B) Sets forth facts to support the statement.

   The plaintiff's attorney shall sign the notice, and his or her signature constitutes a certification by him or her that to the best of his or her knowledge, information, and belief the statement and supporting facts are true.

   If a party shows that when he or she was served with notice under subdivision (b)(2) he or she was unable through the exercise of diligence to obtain counsel to represent him or her at the taking of the deposition the deposition may not be used against him or her.

   (3) The court may for good cause shown enlarge or shorten the time for taking the deposition.

   (4) The notice required by subdivision (1) shall state the means by which the testimony will be recorded and preserved. The court may make any order necessary to assure that the record of the testimony will be accurate and trustworthy

   (A) Unless the court orders otherwise, testimony may be recorded by audio, audiovisual, or stenographic means, or any combination of those means. The noticing party bears the cost of the recording means specified in the notice.

   (B) With prior notice to the deponent and other parties, any party or the deponent may designate another means of recording the testimony in addition to the means specified in the original notice. The additional recording shall be made by the officer personally or by someone acting in the presence of and under the direction of the officer. The party or deponent who designates another means bears the cost of the additional record or transcript unless the court orders otherwise. Absent a stipulation of the parties, no other recordings of the testimony may be made.

   (5) If the deponent is a person who is deaf, hard of hearing, or unable to communicate the English language as defined in Neb. Rev. Stat. § 25-2402, an interpreter must be used to interpret the questions and answers. Unless the parties stipulate or the court upon good cause shown orders otherwise, the noticing party shall arrange and pay for the interpreter. Unless the parties stipulate or the court upon good cause shown orders otherwise, the interpreter must be a certified or provisionally certified interpreter; however, if the noticing party has made reasonably diligent efforts to obtain a certified or provisionary certified interpreter and none are available, the interpreter may be a registered interpreter. A certified interpreter, a provisionally certified interpreter, and a registered interpreter is one who, pursuant to Neb. Ct. R. § 6-702(A)-(C), is listed as such in the statewide register of interpreters published and maintained by the State Court Administrator.

   (6) A party may in his or her notice and in a subpoena name as the deponent a public or private corporation or a partnership or association or governmental agency and describe with reasonable particularity the matters on which examination is requested. In that event, the organization so named shall designate one or more officers, directors, or managing agents, or other persons who consent to testify on its behalf, and may set forth, for each person designated, the matters on which he or she will testify. A subpoena shall advise a nonparty organization of its duty to make such a designation. The persons so designated shall testify as to matters known or reasonably available to the organization. This subdivision (b)(6) does not preclude taking a deposition by any other procedure authorized in these rules.

   (7) The parties may stipulate in writing, or the court may upon motion order, that a deposition be taken by telephone or by other remote means. For the purposes of these rules, a deposition taken by telephone or by other remote means is taken at the place where the deponent is to appear to answer questions. Absent a court order or stipulation of the parties, the officer must be in the same location as the deponent.

   (8) Officer's Duties.

   (A) Before the Deposition. Unless the parties stipulate otherwise, a deposition must be conducted before an officer identified by Rule 28 as a person before whom a deposition may be taken. The officer must begin the deposition with an on-the-record statement that includes: (i) the officer's name and business address; (ii) the date, time, and place of the deposition; (iii) the deponent's name; (iv) the officer's administration of the oath or affirmation to the deponent; and (v) the identity of all persons present.

   (B) Conducting the Deposition; Avoiding Distortion. If the deposition is recorded nonstenographically, the officer must repeat the items in Rule 30(b)(8)(A)(i)-(iii) at the beginning of each unit of the recording medium. The deponent's and attorneys' appearance or demeanor must not be distorted through recording techniques.

   (C) After the Deposition. At the end of a deposition, the officer must state on the record that the deposition is complete and must set out any stipulations made by the attorneys about custody of the transcript or recording and of the exhibits, or about any other pertinent matters.

   (c) Examination and Cross-Examination; Record of Examination; Oath; Objections.

   (1) Examination and cross-examination of witnesses may proceed as permitted at the trial under the provisions of the Nebraska Evidence Rules. The officer before whom the deposition is to be taken shall put the witness under oath and, if an interpreter is used, also put the interpreter under oath. The officer shall also personally, or by someone acting under his or her direction and in his or her presence, record the testimony of the witness. The testimony shall be recorded in accordance with subdivision (b)(4) of this rule. If requested by one of the parties, the testimony shall be transcribed. All objections made at time of the examination to the qualifications of the officer taking the deposition, the qualification of the interpreter, or to the manner of taking the deposition, or to the evidence presented, or to the conduct of any party, and any other objection to the proceedings, shall be noted by the officer upon the deposition. Evidence objected to shall be taken subject to the objections.

   (2) An objection must be stated concisely in a nonargumentative and nonsuggestive manner. A person may instruct a deponent not to answer only when necessary to preserve a privilege, to enforce a limitation ordered by the court, or to present a motion under Rule 30(d).

   (3) In lieu of participating in the oral examination, parties may serve written questions in a sealed envelope on the party taking the deposition and he or she shall transmit them to the officer, who shall propound them to the witness and record the answers verbatim.

   (d) Motion to Terminate or Limit Examination. At any time during a deposition, the deponent or a party may move to terminate or limit the deposition on the ground that (1) it is being conducted in bad faith or in a manner that unreasonably annoys, embarrasses, or oppresses the deponent or party or (2) the interpreter is not rendering a reasonably complete and accurate interpretation or is repeatedly altering, omitting, or adding things, including explanations, to what is stated. The motion may be filed in the court in which the action is pending. The court may order that the deposition be terminated or may limit its scope and manner as provided in Rule 26(c). If terminated the deposition may be resumed only by order of the court in which the action is pending. If the objecting deponent or party so demands, the deposition must be suspended for the time necessary to obtain an order. The provisions of Rule 37(a)(4) apply to the award of expenses incurred in relation to the motion.

   (e) Review; Waiver; Motion to Suppress.

   (1) On request by the deponent or a party before the deposition is completed, the deponent must be allowed thirty days after being notified by the officer that the transcript or recording is available in which (a) to review the transcript or recording and (b) if there are changes in form or substance, to sign a statement listing the changes and the reasons for making them. The deponent may be allowed more or fewer than thirty days if the parties stipulate to or the court orders a different number of days. The officer must note in the certificate required by Rule 30(f)(1) whether a review was requested and, if so, must attach any changes the deponent makes during the period specified above for review.

   (2) All objections to the accuracy of the deposition, including objections to accuracy of the interpreter's interpretation of the questions or answers, are waived if a request for review is not made before the deposition is completed or, if a request for review is made, no changes are submitted to the officer in the time and manner required by subdivision (1) of this rule and no motion is made pursuant to subdivision (3) of this rule.

   (3) If a request for review is made, the deponent or any party may move to suppress the deposition pursuant to Rule 32(d)(4) on the ground that the deponent was not allowed to review the transcript or recording as provided in subdivision (1) or that the transcription or interpretation of the deposition is inherently inaccurate.

   (f) Certification and Delivery by Officer; Copies; Notice of Delivery.

   (1) The officer shall include in or attach to the deposition a certificate that the witness was duly sworn by him or her and that the deposition is an accurate record of the testimony of the witness. Unless otherwise ordered by the court, the officer shall then deliver the deposition to the party taking the deposition, who must store it under conditions that will protect it against loss, destruction, tampering, or deterioration.

   Documents and things produced for inspection during the examination of the witness shall, upon the request of a party, be marked for identification and annexed to the deposition and may be inspected and copied by any party, except that if the person producing the materials desires to retain them, he or she may (A) offer copies to be marked for identification and annexed to the deposition and to serve thereafter as originals if he or she affords to all parties fair opportunity to verify the copies by comparison with the originals or (B) offer the originals to be marked for identification, after giving to each party an opportunity to inspect and copy them, in which event the materials may then be used in the same manner as if annexed to the deposition. Any party may move for an order that the originals be annexed to the deposition, pending final disposition of the case.

   (2) Unless otherwise stipulated by the parties or ordered by the court, the officer must retain the stenographic notes of a deposition taken stengraphically or a copy of the recording of a deposition taken by another method. Upon payment of reasonable charges therefor, the officer shall furnish a copy of the transcript or recording to any party or to the deponent.

   (3) The party taking the deposition shall give prompt notice to all other parties that it has been delivered by the officer before whom taken.

   (g) Failure to Attend or to Serve Subpoena; Expenses.

   A party who, expecting a deposition to be taken, attends in person or by an attorney may recover reasonable expenses for attending, including attorney fees, if the noticing party failed to:

   (1) attend and proceed with the deposition; or 

   (2) serve a subpoena on a nonparty deponent, who consequently did not attend.

   (h) Protective Orders. The deponent or any party may move at any time for an order pursuant to Rule 26(c) to limit the dissemination of the deposition, either in whole or in part, or to limit the persons who may have access to the deposition.

Rule 30(f)(1) amended December 12, 2001; comments to Rule 30(f) amended December 12, 2001. Renumbered and codified as § 6-330, effective July 18, 2008. § 6-330 and Comments to Rule 30 amended October 21, 2015, effective January 1, 2016; § 6-330(b)(1)(A) amended June 9, 2021, effective January 1, 2022.

   (a) Definitions. In this rule:

   (1) “Foreign jurisdiction” means a state other than this state.

   (2) “Foreign subpoena” means a subpoena issued in a civil proceeding under authority of a court of record of a foreign jurisdiction.

   (3) “Person” means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, government, or governmental subdivision, agency, or instrumentality, or any other legal or commercial entity.

   (4) “State” means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, a federally recognized Indian tribe, or any territory or insular possession subject to the jurisdiction of the United States.

   (5) “Subpoena” means a document, however denominated, issued under authority of a court of record that requires a person to:

   (A) testify at a deposition;

   (B) produce for inspection, copying, testing, or sampling designated books, papers, documents, tangible things, or electronically stored information in the possession, custody, or control of the person; or

   (C) allow entry upon designated land or other property that is in the possession or control of the person.

   (b) Issuance of Subpoena. To request issuance of a subpoena under this rule, a party must submit to the clerk of the district court for the county in which discovery is sought to be conducted a Request for the Issuance of a Nebraska Subpoena for a Proceeding in a Foreign Jurisdiction. The content of the request must be substantially the same as the content of the form in the Appendix to this rule, and shall include the name and address of the person on which the subpoena shall be served, and the method of service provided by Neb. Rev. Stat. §§ 25-1223(9), 25-1226(1), and/or 25-1228(2).

   The party must attach to the request (1) a foreign subpoena for each person to be served and (2) a list of the names, addresses, telephone numbers, and email addresses of all counsel of record and self-represented parties in the proceeding to which the subpoena relates. The party must also pay to the clerk of the district court a fee of $75 for each subpoena issued. If the clerk re-issues a subpoena, an additional $75 fee shall be paid.

   The clerk shall remit the fee to the State Treasurer for credit to the Nebraska Supreme Court’s Counsel for Discipline Cash Fund not later than the 15th day of the month following the calendar month in which the fee was received.

   When a party submits a foreign subpoena to a clerk of a district court in this state, the clerk, in accordance with the district court’s procedure, shall promptly issue a subpoena for service upon the person to which the foreign subpoena is directed.

   A subpoena issued under this rule must:

   (1) include as an attachment a copy of the list required by this subsection;

   (2) accurately incorporate the time, place, and method of the discovery requested in the foreign subpoena; and

   (3) if the subpoena commands the person to produce designated documents, electronically stored information, or tangible things, the subpoena must either accurately incorporate the commands from the foreign subpoena or attach the foreign subpoena and state that the person must produce the documents, information, or things designated in the attached foreign subpoena.

   (c) Service of Subpoena. A deposition subpoena issued by a clerk of court under this rule must be served in compliance with Neb. Rev. Stat. § 25-1226(1) and the return made in compliance with § 25-1228(1). A subpoena for discovery from a nonparty without a deposition must be served and the return must be made in compliance with Rule 34(A)(a)(4).

   (d) Deposition, Production, and Entry Upon Land. The statutes and rules of this state, including the Nebraska Court Rules of Discovery in Civil Cases, apply to subpoenas issued and discovery conducted pursuant to this rule.

   (e) Appearance, Certification and Acknowledgment.

   (1) A request for the issuance of a subpoena or engaging in discovery pursuant to such a subpoena does not constitute an appearance in the courts of this state or the unauthorized practice of law in this state.

   (2) By submitting a request for a subpoena, attorneys or self-represented parties certify that the foreign subpoena was properly issued under the laws or rules of the foreign jurisdiction. By submitting a request for a subpoena, attorneys who are not admitted to practice in Nebraska further certify that they are admitted to practice in the foreign jurisdiction in which the proceeding is pending and that they have not been disbarred or suspended from practice in any jurisdiction.

   (3) By submitting a request for a subpoena, attorneys or self-represented parties acknowledge that the district court has jurisdiction to impose sanctions on them for false certifications made in obtaining the subpoena and for any conduct related to the subpoena that violates the Nebraska Court Rules of Discovery in Civil Cases.

   (f) Motions. A motion for a protective order or to enforce, quash, or modify a subpoena issued by a clerk of court under this rule must comply with the statutes and rules of this state and must be filed as a civil action in the district court for the county in which the discovery is to be conducted. Such a motion may be filed or opposed only by an attorney admitted to practice in this state or by a self-represented individual.

COMMENTS TO RULE 30(A)

   [1] This rule is promulgated pursuant to the authority granted to the Supreme Court by § 25-1237 and is modeled on the Uniform Interstate Depositions and Discovery Act drafted by the National Conference of Commissioners on Uniform State Laws. The purpose of the rule is to provide a simple, uniform, and efficient procedure under which a party to a civil proceeding pending in a foreign jurisdiction can have a subpoena issued in Nebraska to obtain discovery for the foreign proceeding. For purposes of this rule, the term “foreign jurisdiction” means the courts of another state, the District of Columbia, Puerto Rico, the United States Virgin Islands, a federally recognized Indian tribe, and the territories of the United States. It does not include another country. Discovery for proceedings in other countries is governed by Rule 28(e).

   [2] The act of the clerk of the district court in issuing the subpoena is administrative. In effect, the clerk reissues the foreign subpoena as a Nebraska subpoena and assigns the matter a number. The only documents that need to be presented to the clerk are the request, the foreign subpoena, a list of counsel and unrepresented parties, and the required fee. Although the rule does not require the requesting party to submit a draft Nebraska subpoena, the party may choose to do so in order to expedite the process.

   [3] It is not the responsibility of the clerk to ensure that the foreign subpoena was properly issued under the laws or rules of the foreign jurisdiction. It is instead the responsibility of the requesting lawyer or self-represented party. The lawyer or self-represented party must certify in the request that the foreign subpoena was properly issued. A false certification may result in the imposition of sanctions under subsection (e) of this rule. Sanctions should not be imposed, however, if the foreign subpoena was improperly issued as a result of a reasonable, good faith mistake.

   [4] A lawyer admitted in a foreign jurisdiction does not need to retain local counsel or be admitted pro hac vice in order to have the subpoena issued. The request for the issuance of the subpoena does not constitute the unauthorized practice of law in this state. The same is true of taking a deposition or obtaining other discovery pursuant to the subpoena. See Neb. Ct. R. of Prof. Cond. § 3-505.5(c)(2) (“[a] lawyer admitted in another United States jurisdiction, and not disbarred or suspended from practice in any jurisdiction, may provide legal services on a temporary basis in this jurisdiction that . . . are in or reasonably related to a pending or potential proceeding before a tribunal in this or another jurisdiction, if the lawyer . . . is authorized by law or order to appear in such proceeding or reasonably expects to be so authorized”); Neb. Ct. R. of Prof. Cond. § 3-505.5(c)(2), Comment 10 (taking a deposition in Nebraska is reasonably related to a pending proceeding in another jurisdiction).

   [5] During a deposition, lawyers may sometimes seek a telephonic ruling from the court on an objection or instruction not to answer. Lawyers may not do so during a deposition taken pursuant to this rule unless the lawyers are all admitted to practice before the court from which the ruling is sought.

   [6] Nebraska law applies to discovery undertaken pursuant to this rule. That means that Nebraska’s procedural, evidentiary, and conflicts law apply. Nebraska has a significant interest in protecting its residents from any unreasonable or unduly burdensome discovery requests when they become targets of discovery requests for actions pending in a foreign jurisdiction. This interest is best served by requiring that any discovery motions must be decided under the laws of Nebraska and that all motions that directly affect the person from whom discovery is sought must be filed in Nebraska.

   [7] Motions that affect only the parties to the action can be made in the foreign jurisdiction. For example, any party can apply for an order in the foreign jurisdiction to bar the deposition of a Nebraska deponent on grounds of relevance, and that motion would be made and ruled on before the deposition subpoena is ever presented to the clerk of the district court in this state.

§ 6-330A adopted January 27, 2021, effective February 16, 2021.

   (a) Serving Questions; Notice. After commencement of the action, any party may take the testimony of any person including a party by deposition upon written questions. The attendance of witnesses may be compelled by a subpoena that contains the information specified by Rule 30(b)(1)(B). The deposition of a person confined in prison may be taken only by leave of court on such terms as the court prescribes.

   A party desiring to take a deposition upon written questions shall serve them upon every other party with a notice stating:

   (1) The name and address of the person who is to answer them, if known, and if the name is not known, a general description sufficient to identify him or her or the particular class or group to which he or she belongs, and

   (2) The name or descriptive title and address of the officer before whom the deposition is to be taken.

   (3) If an interpreter will be used, the notice shall also state that an interpreter will be used and state the language that will be interpreted or the type of interpretation (e.g., sign language). The provisions of Rule 30(b)(5) govern who may serve as an interpreter.

   A deposition upon written questions may be taken of a public or private corporation or a partnership or association or governmental agency in accordance with the provisions of Rule 30(b)(6).

   Within thirty days after the notice and written questions are served, a party may serve cross questions upon all other parties. Within ten days after being served with cross questions, a party may serve redirect questions upon all other parties. Within ten days after being served with redirect questions, a party may serve recross questions upon all other parties. The court may, for cause shown, enlarge or shorten the time.

   (b) Officer to Take Responses and Prepare Record. A copy of the notice and copies of all questions served shall be delivered by the party taking the deposition to the officer designated in the notice, who shall proceed promptly, in the manner provided by Rule 30(c), (e), and (f), to take the testimony of the witness in response to the questions and to prepare, certify, and deliver the deposition, attaching thereto the copy of the notice and the questions received by him or her.

   (c) The party taking the deposition shall give prompt notice to all other parties that it has been delivered by the officer before whom taken.

§ 3-661(a) and Comment to Rule 31 amended September 16, 2015, effective January 1, 2016; § 6-331(a)(3) adopted October 21, 2015, effective January 1, 2016.

   (a) Use of Depositions. Any part or all of a deposition, so far as admissible under the Nebraska Evidence Rules applied as though the witness were then present and testifying, may be used against any party who was present or represented at the taking of the deposition or who had reasonable notice thereof, in accordance with any of the following provisions:

   (1) Any deposition may be used by any party for the purpose of contradicting or impeaching the testimony of deponent as a witness or for any purpose permitted by the Nebraska Evidence Rules.

   (2) The deposition of a party or of anyone who at the time of taking the deposition was an officer, director, or managing agent, or a person designated under Rule 30(b)(6) or 31(a) to testify on behalf of a public or private corporation, partnership or association, or governmental agency which is a party may be used by an adverse party for any purpose.

   (3) The deposition of a witness, whether or not a party, may be used by any party for any purpose if the court finds:

   (A) That the witness is dead; or

   (B) That the witness is at a greater distance than one hundred miles from the place of trial or hearing, or out of the state, or beyond the subpoena power of the court, unless it appears that the absence of the witness was procured by the party offering the deposition; or

   (C) That the witness is unable to attend or testify because of age, illness, infirmity, or imprisonment; or

   (D) That the party offering the deposition has been unable to procure the attendance of the witness by subpoena; or

   (E) That such exceptional circumstances exist as to make it desirable, in the interest of justice and with due regard to the importance of presenting the testimony of witnesses orally in open court, to allow the deposition to be used; or

   (F) Upon application and notice prior to the taking of the deposition, that circumstances exist such as to make it desirable, in the interest of justice and with due regard to the importance of presenting the testimony of witnesses orally in open court, to allow the deposition to be used.

   (4) If only part of a deposition is offered in evidence by a party, an adverse party may require him or her to introduce any other part which ought in fairness to be considered with the part introduced, and any party may introduce any other parts relevant to the issues.

Substitution of parties does not affect the right to use depositions previously taken; and when an action has been brought in any court of the United States or of any state and another action involving the same subject matter is afterward brought between the same parties or their representatives or successors in interest all depositions lawfully taken in the former action may be used in the latter as if originally taken therefor. A deposition previously taken may also be used as permitted by the Nebraska Evidence Rules.

   (b) Objections to Admissibility. Subject to the provisions of subdivision (d)(3) of this rule, objection may be made at the trial or hearing to receiving in evidence any deposition or part thereof for any reason which would require the exclusion of the evidence if the witness were then present and testifying; or if the trial court directs, such objections may be heard and determined prior to trial.

   (c) (Not Used).

   (d) Effect of Errors and Irregularities in Deposition.

   (1) As to Notice. All errors and irregularities in the notice for taking a deposition are waived unless written objection is promptly served upon the party giving the notice.

   (2) As to Disqualification of Officer. Objection to taking a deposition because of disqualification of the officer before whom it is to be taken is waived unless made before the taking of the deposition begins or as soon thereafter as the disqualification becomes known or could be discovered with reasonable diligence.

   (3) As to Taking of Deposition.

   (A) Objections to the competency of a witness or to the competency or relevancy of testimony are not waived by failure to make them before or during the taking of the deposition, unless the ground of the objection is one which might have been obviated or removed if presented at that time. In a deposition recorded and preserved by nonstenographic means, such objections shall be made to the court before the trial or hearing, or such objections will be waived unless otherwise ordered by the court.

   (B) Errors and irregularities occurring at the oral examination in the manner of taking the deposition in the form of the questions or answers, in the oath or affirmation, or in the conduct of parties, and errors of any kind which might be obviated, removed, or cured if promptly presented, are waived unless seasonable objection thereto is made at the taking of the depositions.

   (C) Objections to the form of written questions submitted under Rule 31 are waived unless served in writing upon the party propounding them within the time allowed for serving the succeeding cross or other questions and within ten days after service of the last questions authorized.

   (4) As to Interpreting, Completing and Returning the Deposition. An objection to how the interpreter interpreted the questions or answers, how the officer transcribed the testimony, or how the officer prepared, signed, certified, sealed, endorsed, sent, or otherwise dealt with the deposition is waived unless a motion to suppress the deposition is made promptly after the error or irregularity becomes known or, with reasonable diligence, could have been known.

§ 6-332(d)(4) and Comments to Rule 32 amended October 21, 2015, effective January 1, 2016.

   (a) Availability; Procedures for Use. Any party may serve upon any other party written interrogatories to be answered by the party served or if the party served is a public or private corporation or a partnership or association or governmental agency, by any officer or agent, who shall furnish such information as is available to the party. Interrogatories may, without leave of court, be served upon the plaintiff after commencement of the action and upon any other party with or after service of the summons upon that party. Unless otherwise permitted by the court for good cause shown, no party shall serve upon any other party more than fifty interrogatories. Each question, subquestion, or subpart shall count as one interrogatory.

   Each interrogatory shall be repeated and answered separately and fully in writing under oath, unless it is objected to, in which event the reasons for objection shall be stated in lieu of an answer. The answers are to be signed by the person making them, and the objections signed by the attorney making them. The party upon whom the interrogatories have been served shall serve a copy of the answers, and objections if any, within thirty days after the service of the interrogatories, except that a defendant may serve answers or objections within forty-five days after service of the summons upon that defendant. The court may allow a shorter or longer time. The party submitting the interrogatories may move for an order under Rule 37(a) with respect to any objection to or other failure to answer an interrogatory.

   (b) Scope; Use at Trial. Interrogatories may relate to any matters which can be inquired into under Rule 26(b), and the answers may be used to the extent permitted by the Nebraska Evidence Rules.

An interrogatory otherwise proper is not necessarily objectionable merely because an answer to the interrogatory involves an opinion or contention that relates to fact or the application of law to fact, but the court may order that such an interrogatory need not be answered until after designated discovery has been completed or until a pretrial conference or other later time.

   (c) Option to Produce Business Records. Where the answer to an interrogatory may be derived or ascertained from the business records, including electronically stored information, of the party upon whom the interrogatory has been served or from an examination, audit, or inspection of such business records, including a compilation, abstract, or summary thereof, and the burden of deriving or ascertaining the answer is substantially the same for the party serving the interrogatory as for the party served, it is a sufficient answer to such interrogatory to specify the records from which the answer may be derived or ascertained and to afford to the party serving the interrogatory reasonable opportunity to examine, audit, or inspect such records and to make copies, compilations, abstracts, or summaries. A specification shall be in sufficient detail as to permit the interrogating party to locate and to identify, as readily as can the party served, the records from which the answer may be ascertained.

Rule 33(c) amended June 4, 2008, effective June 18, 2008. Renumbered and codified as § 6-333, effective July 18, 2008.

   (a) Scope. Any party may serve on any other party a request:

   (1) To produce and permit the party making the request, or someone acting on his or her behalf, to inspect, copy, test, or sample any designated documents or electronically stored information  (including writings, drawings, graphs, charts, photographs, sound recordings, images, and other data or data compilations stored in any medium from which information can be obtained) translated, if necessary, by the respondent into reasonably usable form, or to inspect and copy, test, or sample any tangible things which constitute or contain matters within the scope of Rule 26(b) and which are in the possession, custody, or control of the party upon whom the request is served; or

   (2) To permit entry upon designated land or other property in the possession or control of the party upon whom the request is served for the purpose of inspection and measuring, surveying, photographing, testing, or sampling the property or any designated object or operation thereon, within the scope of Rule 26(b).

   (b) Procedure. The request may, without leave of court, be served upon the plaintiff after commencement of the action and upon any other party with or after service of the summons upon that party. The request shall set forth the items to be inspected either by individual item or by category, and describe each item and category with reasonable particularity. The request shall specify a reasonable time, place, and manner of making the inspection and performing the related acts. The request may specify the form or forms in which electronically stored information is to be produced.

   The party upon whom the request is served shall serve a written response within thirty days after the service of the request, except that a defendant may serve a response within forty-five days after service of the summons upon that defendant. The court may allow a shorter or longer time. The response shall state, with respect to each item or category, that inspection and related activities will be permitted as requested, unless the request is objected to, including an objection to the requested form or forms for producing electronically stored information, in which event the reasons for objection shall be stated. If objection is made to part of an item or category, the part shall be specified and inspection permitted of the remaining parts. If objection is made to the requested form or forms for producing electronically stored information, or if no form was specified in the request, the responding party must state the form or forms it intends to use. The party submitting the request may move for an order under Rule 37(a) with respect to any objection to or other failure to respond to the request or any part thereof, or any failure to permit inspection as requested.

   Unless the parties otherwise agree, or the court otherwise orders:

   (1) a party who produces documents for inspection shall produce them as they are kept in the usual course of business or shall organize and label them to correspond with the categories in the request;

   (2) if a request does not specify the form or forms for producing electronically stored information, a responding party must produce the information in a form or forms in which it is ordinarily maintained or in a form or forms that are reasonably usable; and

   (3) a party need not produce the same electronically stored information in more than one form.

   (c) Persons Not Parties. This rule does not preclude an independent action against a person not a party for production of documents and things and permission to enter upon land.

Rule 34(a)(1) and 34(b)(1-3) amended June 4, 2008, effective July 18, 2008. Renumbered and codified as § 6-334, effective July 18, 2008.

   (a) Procedure.

   (1) Scope. Any party may, by subpoena without a deposition:

   (A) require the production for inspection, copying, testing, or sampling of designated books, papers, documents, tangible things, or electronically stored information (including writings, drawings, graphs, charts, photographs, sound recordings, and other data compilations from which information can be obtained) translated if necessary by the owner or custodian into reasonably usable form, that are in the possession, custody, or control of a person who is not a party and within the scope of Rule 26(b); or

   (B) obtain entry upon designated land or other property within the scope of Rule 26(b) that is in the possession or control of a person who is not a party for the purpose of inspection and measuring, surveying, photographing, testing, or sampling the property or any designated object or operation thereon.

   (2) Notice. A party intending to serve a subpoena pursuant to this rule shall give notice in writing to every other party to the action at least 10 days before the subpoena will be issued. The notice shall state the name and address of the person who will be subpoenaed, the time and place for production or entry, and that the subpoena will be issued on or after a stated date. A designation of the materials sought to be produced shall be attached to or included in the notice.

Such notice may be given by a party other than a plaintiff at any time. Such notice may not be given by a plaintiff until the time at which Rule 30(a) would permit a plaintiff to take a deposition.

   (3) Issuance. A subpoena may be issued pursuant to this rule, either by a request to the clerk of the court or by an attorney authorized to do so by statute, at any time after all parties have been given the notice required by subsection (2). The subpoena shall identify all parties who were given notice that it would be issued and the date upon which each of them was given notice. A subpoena pursuant to this rule shall include or be accompanied by a copy of this rule.

   (4) Time, manner, and return of service. A subpoena pursuant to this rule shall be served either personally by any person not interested in the action or by registered or certified mail not less than 10 days before the time specified for compliance. The person making personal service shall make a return showing the manner of service to the party for whom the subpoena was issued.

   (b) Protection of Other Parties.

   (1) Objection Before Issued. Before the subpoena is requested or issued any party may serve a written objection on the party who gave notice that it would be issued. The objection shall specifically identify any intended production or entry that is protected by an applicable privilege, that is not within the scope of discovery, or that would be unreasonably intrusive or oppressive to the party. No subpoena shall demand production of any material or entry upon any premises identified in the objection. If the objection specifically objects that the person served with the subpoena should not have the option to deliver or mail copies of documents or things directly to a party, the subpoena shall not be issued unless all parties to the lawsuit mutually agree on the method for delivery of the copies.

   (2) Order. The party who gave notice that a subpoena would be issued may apply to the court in which the action is pending for an order with respect to any discovery for which another party has served a written objection. Upon hearing after notice to all parties the court may order that the subpoena be issued or not issued or that discovery proceed in a different manner, may enter any protective order authorized by Rule 26(c), and may award expenses as authorized by Rule 37(a)(4).

   (3) Protective Order. After a subpoena has been issued any party may move for a protective order under Rule 26(c).

   (c) Protection of the Person Served with a Subpoena.

   (1) Avoiding Burden and Expense. A party or an attorney who obtains discovery pursuant to this rule shall take reasonable steps to avoid imposing undue burden or expense on a person subject to that subpoena. The court by which the subpoena was issued shall enforce this duty and impose upon the party or attorney in breach of this duty an appropriate sanction, which may include, but is not limited to, lost earnings of the person subject to the subpoena and reasonable attorney fees.

   (2) Responding to the Subpoena.

   (A) A person served with a subpoena pursuant to this rule shall permit inspection, copying, testing, or sampling either where the documents or tangible things are regularly kept or at some other reasonable place designated by that person. If the subpoena states that the person served has an option to deliver or mail legible copies of documents or things instead of inspection, that person may condition the preparation of the copies on the advance payment of the reasonable cost of copying.

   (B) A person served with a subpoena pursuant to this rule may, within 10 days after service of the subpoena, serve upon the party for whom the subpoena was issued a written objection to production of any or all of the designated materials or entry upon the premises. If objection is made, the party for whom the subpoena was issued shall not be entitled to production of the materials or entry upon premises except pursuant to an order of the court. If an objection has been made, the party for whom the subpoena was issued may, upon notice to all other parties and the person served with the subpoena, move at any time in the district court in the county in which the subpoena is served for an order to compel compliance with the subpoena. Such an order to compel production or to permit entry shall protect any person who is not a party or an officer of a party from significant expense resulting from complying with the command.

   (3) Protections. On timely motion, the court by which a subpoena was issued shall quash or modify the subpoena if it:

   (A) fails to allow reasonable time for compliance,

   (B) requires disclosure of privileged or other protected matter and no exception or waiver applies, or

   (C) subjects a person to undue burden.

   (d) Duties in Responding to Subpoena.

   (1) Production. A person responding to a subpoena to produce documents shall produce them as they are kept in the usual course of business or shall organize and label them to correspond with the categories in the demand.

   (2) Objection. When information subject to a subpoena is withheld on an objection that it is privileged, not within the scope of discovery, or otherwise protected from discovery, the claim shall be made expressly and shall be supported by a description of the nature of the documents, communications, or things not produced that is sufficient to enable the party who requested the subpoena to contest the objection.

   (e) Coordination.

   (1) Copies. If the party for whom the subpoena was issued creates or obtains copies of documents or things, that party shall make available a duplicate of such copies at the request of any other party upon advance payment of the reasonable cost of making the copies.

   (2) Inspection. If a notice of intent to serve a subpoena designates that the subpoena will require entry upon land or other property for the purposes permitted by subsection (a)(1)(B), any other party shall, upon request to the party who gave the notice, be named in the subpoena as also attending at the same time and place.

Rule 34A and Comment adopted December 12, 2001; Rule 34A(c)(2)(B) amended May 19, 2004; Rule 34A(a)(1)(A), 34A(a)(2), 34A(b)(1), 34A(c)(2)(A-B) amended June 4, 2008, effective June 18, 2008. Renumbered and codified as § 6-334(A), effective July 18, 2008.

   (a) Order for Examination. When the mental or physical condition (including the blood group) of a party, or of a person in the custody or under the legal control of a party, is in controversy, the court in which the action is pending may order the party to submit to a physical or mental examination by one or more physicians, or other persons licensed or certified under the laws to engage in a health profession, or to produce for examination the person in his or her custody or legal control. The order may be made only on motion for good cause shown and upon notice to the person to be examined and to all parties and shall specify the time, place, manner, conditions, and scope of the examination and the person or persons by whom it is to be made.

   (b) Report of Examining Physician.

   (1) If requested by the party against whom an order is made under subdivision (a) of this rule or the person examined, the party causing the examination to be made shall deliver to him or her a copy of a detailed written report of the examining physician setting out his or her findings, including results of all tests made, diagnoses, and conclusions, together with like reports of all earlier examinations of the same condition. After delivery the party causing the examination shall be entitled upon request to receive from the party against whom the order is made a like report of any examination, previously or thereafter made, of the same condition, unless, in the case of a report of examination of a person not a party, the party shows that he or she is unable to obtain it. The court on motion may make an order against a party requiring delivery of a report on such terms as are just, and if a physician fails or refuses to make a report, the court may exclude his or her testimony if offered at the trial.

   (2) (Not used).

   (3) This subdivision applies to examinations made by agreement of the parties, unless the agreement expressly provides otherwise. This subdivision does not preclude discovery of a report of an examining physician or the taking of a deposition of the physician in accordance with the provisions of any other rule.

Rule 35(b) comment amended February 26, 1997; Rule 35(a) and 35(a) comment amended November 21, 2001. Renumbered and codified as § 6-335, effective July 18, 2008.

   (a) Request for Admission. A party may serve upon any other party a written request for the admission, for purposes of the pending action only, of the truth of any matters within the scope of Rule 26(b) set forth in the request that relate to statements or opinions of fact or of the application of law to fact, including the genuineness of any documents described in the request. Copies of documents shall be served with the request unless they have been or are otherwise furnished or made available for inspection and copying. The request may, without leave of court, be served upon the plaintiff after commencement of the action and upon any other party with or after service of the summons upon that party.

   Each matter of which an admission is requested shall be separately set forth by the party making the request, and shall be repeated by the responding party in the answer or objection thereto. The matter is admitted unless, within thirty days after service of the request, or within such shorter or longer time as the court may allow, the party to whom the request is directed serves upon the party requesting the admission a written answer or objection addressed to the matter, signed by the party or by his or her attorney, but, unless the court shortens the time, a defendant shall not be required to serve answers or objections before the expiration of forty-five days after service of the summons upon him or her. If objection is made, the reasons therefor shall be stated. The answer shall specifically deny the matter or set forth in detail the reasons why the answering party cannot truthfully admit or deny the matter. A denial shall fairly meet the substance of the requested admission, and when good faith requires that a party qualify his or her answer or deny only a part of the matter of which an admission is requested, he or she shall specify so much of it as is true and qualify or deny the remainder. An answering party may not give lack of information or knowledge as a reason for failure to admit or deny unless he or she states that he or she has made reasonable inquiry and that the information known or readily obtainable by him or her is insufficient to enable him or her to admit or deny. A party who considers that a matter of which an admission has been requested presents a genuine issue for trial may not, on that ground alone, object to the request; he or she may, subject to the provisions of Rule 37(c), deny the matter or set forth reasons why he or she cannot admit or deny it.

   The party who has requested the admissions may move to determine the sufficiency of the answers or objections. Unless the court determines that an objection is justified, it shall order that an answer be served. If the court determines that an answer does not comply with the requirements of this rule, it may order either that the matter is admitted or that an amended answer be served. The court may, in lieu of these orders, determine that final disposition of the request be made at a pretrial conference or at a designated time prior to trial. The provisions of Rule 37(a)(4) apply to the award of expenses incurred in relation to the motion.

   (b) Effect of Admission. Any matter admitted under this rule is conclusively established unless the court on motion permits withdrawal or amendment of the admission. The court may permit withdrawal or amendment when the presentation of the merits of the action will be subserved thereby and the party who obtained the admission fails to satisfy the court that withdrawal or amendment will prejudice him or her in maintaining his or her action or defense on the merits. Any admission made by a party under this rule is for the purpose of the pending action only and is not an admission by him or her for any other purpose nor may it be used against him or her in any other proceeding.

   (a) Motion for Order Compelling Discovery. A party, upon reasonable notice to other parties and all persons affected thereby, may apply for an order compelling discovery as follows:

   (1) Appropriate Court. An application for an order to a party may be made to the court in which the action is pending, or alternatively, on matters relating to a deposition, to the district court in the district where the deposition is being taken. An application for an order to a deponent who is not a party shall be made to the district court in the district where the deposition is being taken.

   (2) Motion. If a deponent fails to answer a question propounded or submitted under Rule 30 or 31, or a corporation or other entity fails to make a designation under Rule 30(b)(6) or 31(a), or a party fails to answer an interrogatory submitted under Rule 33, or if a party, in response to a request for inspection submitted under Rule 34, fails to respond that inspection will be permitted as requested or fails to permit inspection as requested, the discovering party may move for an order compelling an answer, or a designation, or an order compelling inspection in accordance with the request. When taking a deposition on oral examination, the proponent of the question may complete or adjourn the examination before he or she applies for an order.

   If the court denies the motion in whole or in part, it may make such protective order as it would have been empowered to make on a motion made pursuant to Rule 26(c).

   (3) Evasive or Incomplete Answer. For purposes of this subdivision an evasive or incomplete answer is to be treated as a failure to answer.

   (4) Award of Expenses of Motion. If the motion is granted, the court shall, after opportunity for hearing, require the party or deponent whose conduct necessitated the motion or the party or attorney advising such conduct or both of them to pay to the moving party the reasonable expenses incurred in obtaining the order, including attorney fees, unless the court finds that the opposition to the motion was substantially justified or that other circumstances make an award of expenses unjust.

   If the motion is denied, the court shall, after opportunity for hearing, require the moving party or the attorney advising the motion or both of them to pay to the party or deponent who opposed the motion the reasonable expenses incurred in opposing the motion, including attorney fees, unless the court finds that the making of the motion was substantially justified or that other circumstances make an award of expenses unjust.

   If the motion is granted in part and denied in part, the court may apportion the reasonable expenses incurred in relation to the motion among the parties and persons in a just manner.

   (b) Failure to Comply with Order.

   (1) Sanctions by Court in District Where Deposition is Taken. If a deponent fails to be sworn or to answer a question after being directed to do so by the district court in the district in which the deposition is being taken, the failure may be considered a contempt of that court.

   (2) Sanctions by Court in Which Action is Pending. If a party or an officer, director, or managing agent of a party or a person designated under Rule 30(b)(6) or 31(a) to testify on behalf of a party fails to obey an order to provide or permit discovery, including an order made under subdivision (a) of this rule or Rule 35, the court in which the action is pending may make such orders in regard to the failure as are just, and among others the following:

   (A) An order that the matters regarding which the order was made or any other designated facts shall be taken to be established for the purposes of the action in accordance with the claim of the party obtaining the order;

   (B) An order refusing to allow the disobedient party to support or oppose designated claims or defenses, or prohibiting him or her from introducing designated matters in evidence;

   (C) An order striking out pleadings or parts thereof, or staying further proceedings until the order is obeyed, or dismissing the action or proceeding or any part thereof, or rendering a judgment by default against the disobedient party;

   (D) In lieu of any of the foregoing orders or in addition thereto, an order treating as a contempt of court the failure to obey any orders except an order to submit to a physical or mental examination;

   (E) Where a party has failed to comply with an order under Rule 35(a) requiring him or her to produce another for examination, such orders as are listed in paragraphs (A), (B), and (C) of this subdivision, unless the party failing to comply shows that he or she is unable to produce such person for examination.

In lieu of any of the foregoing orders or in addition thereto, the court shall require the party failing to obey the order or the attorney advising him or her, or both to pay the reasonable expenses, including attorney fees, caused by the failure, unless the court finds that the failure was substantially justified or that other circumstances make an award of expenses unjust.

   (c) Expenses on Failure to Admit. If a party fails to admit the genuineness of any document or the truth of any matter as requested under Rule 36, and if the party requesting the admissions thereafter proves the genuineness of the document or the truth of the matter, he or she may, within 30 days of so proving, apply to the court for an order requiring the other party to pay him or her the reasonable expenses incurred in making that proof, including reasonable attorney fees. The court shall make the order unless it finds that:

   (1) The request was held objectionable pursuant to Rule 36(a), or

   (2) The admission sought was of no substantial importance, or

   (3) The party failing to admit had reasonable ground to believe that he or she might prevail on the matter, or

   (4) There was other good reason for the failure to admit.

   (d) Failure of Party to Attend at Own Deposition or Serve Answers to Interrogatories or Respond to Request for Inspection. If a party or an officer, director, or managing agent of a party or a person designated under Rule 30(b)(6) or 31(a) to testify on behalf of a party fails

(1) To appear before the officer who is to take his or her deposition, after being served with a proper notice, or

(2) To serve answers or objections to interrogatories submitted under Rule 33, after proper service of the interrogatories, or

(3) To serve a written response to a request for inspection submitted under Rule 34, after proper service of the request, the court in which the action is pending on motion may make such orders in regard to the failure as are just, and among others it may take any action authorized under paragraphs (A), (B), and (C) of subdivision (b)(2) of this rule.

   In lieu of any order or in addition thereto, the court shall require the party failing to act or the attorney advising him or her or both to pay the reasonable expenses, including attorney fees, caused by the failure, unless the court finds that the failure was substantially justified or that other circumstances make an award of expenses unjust.

   The failure to act described in this subdivision may not be excused on the ground that the discovery sought is objectionable unless the party failing to act has applied for a protective order as provided by Rule 26(c).

Rule 37(c) amended July 23, 1997. Renumbered and codified as § 6-337, effective July 18, 2008.

   Rules governing electronic filing, service, and notice for Nebraska trial courts are found at Neb. Ct. R. § 2-201 et seq. Rules governing specific practice are found at Neb. Ct. R. § 6-1401 et seq., Uniform County Court Rules of Practice and Procedure; Neb. Ct. R. § 6-1501 et seq., Uniform District Court Rules of Practice and Procedure; and Neb. Ct. R. § 6-1701 et seq., Uniform Separate Juvenile Court Rules of Practice and Procedure.

COMMENT

   As of January 1, 2022, the former rules found at § 6-401 et seq. have been incorporated into the rules cited above.

§ 6-401(A) amended and § 6-401(C) deleted August 12, 2008; § 6-401(C) adopted January 21, 2010; § 6-401(C) renumbered to § 6-401(D) and § 6-401(C) adopted December 22, 2010, effective May 1, 2011.; § 6-403(E) and (F) adopted September 24, 2014, effective January 1, 2015; § 6-401 amended June 8, 2016; § 6-401 amended June 9, 2021, effective January 1, 2022, § 6-401 amended October 20, 2021, effective January 1, 2022.

   The clerks of the various courts or the official court reporters are authorized to release, under the following conditions, any exhibit offered or received in evidence in any civil, criminal, or juvenile proceeding:

   (A) Upon request of an introducing attorney or owner, release to such introducing attorney or owner at any time during or after trial, if request is made during trial to substitute a copy and permission is granted by the court to do so.

   (B) Upon request of an introducing attorney or owner, release to such introducing attorney or owner at any time after trial or following expiration of appeal time, provided it is stipulated in writing that a copy shall be substituted, or if, in the absence of such a stipulation, the judge who tried the case, or if such judge is unavailable the current presiding judge, determines such substitution to be unnecessary.

   (C) When, in compliance with Supreme Court rules governing preparation of bills of exceptions, counsel shall substitute photographs or mechanical drawings and descriptions for any large or cumbersome exhibits where such would fairly present such exhibits to the appellate court.

   The clerks of the various courts or the official court reporters are authorized to dispose of any exhibits or substitutes which have not been released pursuant to § 6-501 according to the applicable Records Retention and Disposition Schedules of the State Records Administrator.

   Exhibits first shall be sought to be returned to the attorneys who introduced them, if possible, or to the owners, if they can be determined. Questions as to ownership of exhibits shall be submitted to the judge who tried the case, or to the presiding judge. Attorneys or owners of exhibits shall be notified to remove them; in the event of their failure to do so within 30 days, or if the attorneys or owners are not available or cannot be determined, the exhibits shall be disposed of or destroyed as ordered by the judge who tried the case, or the presiding judge.

   Nothing herein shall restrict or contravene the discretion given to a court to dispose of exhibits under Neb. Rev. Stat. § 24-1004, or in requiring compliance by all parties with Neb. Rev. Stat. §§ 84-1201 to 84-1220, and nothing herein shall restrict a court from requiring retention of exhibits in any instance for a period of time in excess of that in the applicable Records Retention and Disposition Schedules of the State Records Administrator.

   Notwithstanding the provisions of §§ 6-501 through 6-507, exhibits constituting visual depiction of sexually explicit conduct involving a child, as defined by Neb. Rev. Stat. § 27-1301 and controlled by Neb. Ct. R. § 6-1801, shall remain constantly and continuously in the care, custody, and control of the court in which the exhibit was introduced, whether or not received into evidence by such court, until it is returned to the introducing attorney or law enforcement or otherwise disposed of as ordered by that court. Exhibits under this section are not public records.

§ 6-505 adopted January 27, 2010; § 6-505 amended November 25, 2020.

   A party to a case, or a person who has an interest in the protection of information contained in an exhibit offered and/or received in a case (interested person), may request an order or the court upon its own motion may enter a written order that seals or limits access to an exhibit subject to the provisions in § 6-507. (Appendix 1). The order shall indicate the reason(s) for sealing the record and who shall have access to the sealed record.

§ 6-506 adopted November 25, 2020.

   (A) Unless nondisclosure or confidentiality is required by law or court rule, the following exhibits are presumed to be public records: (1) exhibits submitted in support of or in opposition to a motion; or (2) exhibits offered into evidence, whether or not admitted, in a court proceeding open to the public.

   (B) Procedure. A member of the public may submit to the clerk of the court a written request to inspect an exhibit or request a copy of an exhibit that is presumed to be public under § 6-507(A), even if the exhibit has previously been sealed by the court.

   (1) The clerk shall forward a copy of the request to the court; to the court reporting personnel, if custodian of the exhibit; to the parties in the case; and if applicable, to any interested person as described in § 6-506. The court may order that notice be given to any other person(s) who may be affected by the release of the exhibit. Unless the court, a party, an interested person as described in § 6-506, or other person as determined by the court objects to the release or unsealing of the exhibit within 3 business days, the custodian of such exhibit shall permit inspection or provide a copy as soon as practicable, but no more than 4 business days unless the request cannot with reasonable good faith efforts be fulfilled within 4 business days after actual receipt of the request. The requestor shall pay all reasonable costs for copies of such exhibit(s) pursuant to Neb. Rev. Stat. § 84-712.

   (2) If the court, a party, an interested person as described in § 6-506, or other person as determined by the court objects to the release or unsealing of the exhibit, the court shall hold a hearing as soon as practicable. The presumption of public status of an exhibit may be overcome if the court finds that there exists a countervailing interest in limiting public access. A countervailing interest may include, but is not limited to the following: (a) fair and orderly administration of justice; (b) protection of public safety; (c) use of exhibit for improper purposes; and/or (d) confidentiality.

   (3) The court shall first consider reasonable alternatives to sealing or restricting access to an exhibit, including delay in release of the exhibit or ordering the parties to provide a redacted version of the exhibit for public review. An agreement of the parties to seal or restrict exhibits shall not alone constitute a countervailing interest in limiting public access.

   (4) A written order restricting such public access to an exhibit shall be entered in the case and shall state with specificity the countervailing interest. If the court finds no countervailing interest exists in restricting access, then the court shall direct the release of the exhibit by the custodian for inspection or copying. (Appendix 2).

   (C) If the exhibit is nondocumentary in nature, the court, in its discretion, may place limits on access to the viewing, handling, photographing, or copying of such nondocumentary exhibits.

   (D) Unless nondisclosure or confidentiality is required by law or court rule, this rule does not prohibit a court in its discretion, with agreement from the parties and interested persons, if any, from making unsealed exhibits available to the public upon request during the course of a trial or other public proceeding.

§ 6-507 adopted November 25, 2020.

   (A) "Fax" means to transmit and reproduce a facsimile of an original document by electronic means.

   (B) Until May 1, 2024, unless advanced or extended by the Nebraska Supreme Court, every court in the State of Nebraska shall accept for filing by a non-attorney a fax transmission of any pleading, motion, or other document, except for briefs in the appellate courts, subject to prepayment of statutory filing fees. A party who is represented by a Nebraska attorney cannot utilize fax filing, and the party shall file all documents through the attorney as provided by Neb. Ct. R. § 2-201 et seq.

   (C) Prohibition by Nebraska attorneys; limited exception. The use of fax machines by Nebraska attorneys for filing any document in any Nebraska court is prohibited except as allowed in the Nebraska Workers' Compensation Court rules and as allowed by Neb. Ct. R. § 2-213(C) governing extended system unavailability.

Rule 1 amended March 10, 1993; amended September 18, 1996. Renumbered and codified as § 6-601, effective July 18, 2008; § 6-601 amended June 9, 2021, effective January 1, 2022; § 6-601 amended April 13, 2022.

   All fax machines shall use plain paper and shall meet standard minimum CCITT Group III requirements. "CCITT" means Consultative Committee for International Telephone and Telegraph. "Group III" is a standard letter-size document that takes approximately 1 minute for transmission. The fax machine shall place the date and time of receipt on the transmission received.

   A fax machine in the judicial system shall be used solely for court business. A court may authorize use of fax equipment by other governmental offices or agencies so long as such use does not interfere with the conduct of court business.

   A fax transmission for filing shall be preceded by an attached uniform cover sheet approved by the Supreme Court of Nebraska and found as Appendix 1. The fax cover sheet shall contain the sender's full name, address, telephone number, and fax number. The cover sheet shall specify the number of pages in the transmission. The sender's information supplied on the fax cover sheet shall be typed or clearly printed.

§ 6-604 amended April 13, 2022.

   A plain-paper original transmission shall constitute a filing. The sender shall retain the original document transmitted by fax for a period not less than the maximum allowable time to complete the appellate process, unless otherwise directed by a court.

   Each transmission shall be limited to 10 pages, excluding the cover sheet. Additional pages may be permitted with prior approval of the clerk at the receiving court. Each transmitted page shall bear its sequential number in the transmission, e.g., "1 of 10," "2 of 10," etc.

   If a filing requires an original and multiple copies of the original, and when the aggregate number of pages in the original and multiple copies exceeds the page limit specified in § 6-606, only the original, which does not exceed the specified page limit, shall be filed by fax transmission. The required multiple copies of the original shall be delivered to the clerk of the receiving court within five days after fax transmission of the original. Delivery of multiple copies to the clerk at the receiving court within the five-day period constitutes filing the multiple copies on the date that the original fax-transmitted document was filed in the receiving court.

 Rule 8 amended September 18, 1996. Renumbered and codified as § 6-608, effective July 18, 2008; amended June 8, 2011; deleted March 21, 2018.

§ 6-609 amended June 8, 2011; deleted March 21, 2018.

   The sender bears all risk in a fax transmission. Electronic transmission of a document by means of a fax machine does not constitute filing; filing is complete only after the receiving clerk's acceptance for filing in compliance with applicable statutes and these rules. If a receiving clerk determines that there has been an error in transmission, such as failure to complete the cover sheet for a transmission or an interruption in the sequence of pages transmitted, the clerk shall, as soon as practical, fax to the sender notice specifying the error preventing acceptability for filing. Any fax transmission containing an error that prevents filing may be disregarded by a clerk, but shall be retained for 10 days and thereafter disposed of unless within 10 days of the fax transmission the sender shall have requested judicial review of the rejection for filing. If a clerk rejects a filing in a pending proceeding, the clerk's rejection shall be noted on the docket of the court in which the proceeding is pending. A clerk is not required to acknowledge that a fax transmission has been received or accepted for filing. A clerk receiving a transmission has no duty to serve on a party a copy of the faxed transmission.

   A person seeking to file a signed document may fax a copy of the original signed document. Notwithstanding any provision of law to the contrary, a signature reproduced on a fax transmission is an original signature for the purpose of the fax filing only. Anyone who files a signed document by fax represents that the original signed document is physically in his or her possession or control.

   Only as specifically authorized by the issuing judge, fax transmission may be used for the issuance of orders or warrants, including, but not limited to:

   (A) an arrest or search warrant;

   (B) release or detention of a defendant in custody for a criminal proceeding;

   (C) an order or warrant for placing a juvenile in custody or for release or detention of a person subject to the Nebraska Juvenile Code;

   (D) a temporary restraining order or protection order; and

   (E) an order in a domestic relations case.

   For all procedural and statutory purposes, a faxed document shall have the same force and effect as the original document issued by a court.

§ 6-612 amended June 9, 2021, effective January 1, 2022; § 6-612 amended April 13, 2022.

   Filing by fax is allowed during the normal business hours of the receiving court. Unless prior permission is received from the clerk at the receiving court, any fax transmission received after normal business hours shall be deemed to be filed on the next business day. The time at which a document shall be deemed to be received is when the last page of the fax-transmitted document is received by the recipient clerk.

   A lawyer who is willing to accept service of papers by fax by a non-attorney shall so indicate by including his or her fax machine telephone number, designated as a "fax number," as part of the lawyer's name, address, and telephone number on a document filed in an action.

§ 6-614 amended April 13, 2022.

   Neither the Nebraska Court of Appeals nor the Supreme Court of Nebraska will accept briefs for filing by fax transmission.

Adopted January 13, 1993.

   These rules become effective on September 20, 2000, and will, as amended, govern the use of interpreters in all courts of the State of Nebraska.

Scope and Effective Date amended September 17, 2003. Renumbered and codified as § 6-701, effective July 18, 2008.

   The State Court Administrator will publish and maintain a statewide register of interpreters which will consist of the following:

   (A) Certified Court Interpreters: Court interpreters who have satisfied all certification requirements pursuant to § 6-705.

   (B) Provisionally Certified Court Interpreters. Interpreters for languages other than those for which an oral examination is available through the National Center for State Courts. These interpreters are provisionally certified by satisfying the requirements outlined in § 6-706 until such time an oral examination is developed.

   (C) Registered Court Interpreters. Non-certified court interpreters who have not satisfied the requirements of § 6-705, but have completed an interpreter orientation program sponsored by the State Court Administrator and achieved a qualifying score on a written examination administered by the State Court Administrator, as well as achieved a score of 50 percent or better on each section of the oral legal interpreting examination administered or approved by the State Court Administrator.

   (D) Other Court Interpreters. Non-certified court interpreters who have not satisfied the requirements of § 6-705 or § 6-706.

   (E) Sign Language Court Interpreters. Sign language interpreters must be licensed, as required by Neb. Rev. Stat. § 20-151 and must possess either a Legal Specialist Certification (SC:L) awarded by the Registry of Interpreters for the Deaf, a Conditional Legal Interpreting Permit-Relay, or a Level II or Level III classification awarded by the Nebraska Commission for the Deaf and Hard of Hearing, as set forth below:

Certified Sign Court Interpreters - Interpreters with current Legal Specialist Certification from the Registry of Interpreters for the Deaf (SC:L) or a CLIP-R (Conditional Legal Interpreting Permit-Relay) and a signed oath on file with the Administrative Office of the Courts.

Non-Certified Sign Court Interpreters - 

Level II - Interpreters with current generalist certification from the Registry of Interpreters for the Deaf (CI/CT, CSC, NIC Master, NIC Advanced, NIC, and Deaf interpreters certified by the Registry of Interpreters for the Deaf-CDI).

Level III - Interpreters with either a CI or CT certification from the Registry of Interpreters for the Deaf, or Nebraska state certification of QAST 5/5 or 4/4 or a combination of both, or Nebraska licensed Intermediary Interpreters (Deaf Interpreters).

   Sign interpreters with Legal Specialist Certification (SC:L) or Level II credentials shall be paid at the rate for certified language interpreters. Level III sign interpreters shall be paid at the registered rate.

   Diligent efforts must be made to obtain an interpreter with the highest level of certification before allowing an interpreter with a lower level of certification to interpret.

[Originally numbered as] Rule 1(A) - (D) amended September 17, 2003; [originally numbered as] Rule 1(D) amended January 4, 2007, effective July 1, 2007; [originally numbered as] Rule 1(B) - (D) amended June 25, 2008, effective July 1, 2008. Renumbered and codified as § 6-702, effective July 18, 2008; § 6-702 amended October 21, 2009; § 6-702(D) amended May 12, 2010; § 6-702 amended March 16, 2011; § 6-702 amended August 5, 2014; § 6-702(E) amended December 12, 2018; § 6-702(B) and (C) amended April 14, 2021.

   (A) Use of Certified or Provisionally Certified Court Interpreter. Whenever an interpreter is required to be appointed by a court or probation office, the court or probation office shall first attempt to appoint a certified or provisionally certified court interpreter who is listed on the statewide register of interpreters if one is reasonably available.

   (B) Use of Registered Court Interpreter on Statewide Register. If the court or probation office has made diligent efforts to obtain a certified or provisionally certified court interpreter as required by § 6-703(A) and found none to be available, the court or probation office may appoint a registered court interpreter who is otherwise competent to interpret in the courts.

   (C) Use of Other Court Interpreter. If the court or probation office has made diligent efforts to obtain a certified or provisionally certified court interpreter and a registered court interpreter, and found none to be available, the court or probation office may appoint a court interpreter who is otherwise competent to interpret in the courts. All arrangements for interpreters shall be made by authorized court or probation personnel. Hearings for parties who appear with their own interpreter may be continued pending the court’s determination of language needs of the individual and the qualifications of the interpreter, if a certified, provisionally certified, or registered interpreter is not available. Provided, however, in proceedings in which a Spanish interpreter is utilized, only a certified or registered interpreter shall be allowed. In proceedings in which a sign interpreter is utilized, only an interpreter awarded a Level I or Level II classification by the Nebraska Commission for the Deaf and Hard of Hearing shall be allowed.

   (D) To determine whether a certified or registered interpreter is reasonably available, reasonable advance attempts must be made to arrange for the presence of a certified or provisionally certified interpreter prior to the use of a registered interpreter, and then, for the presence of a registered interpreter prior to the use of an interpreter who is not certified, provisionally certified, or registered.

   (E) Number of Interpreters. For any single proceeding scheduled for 3 hours or more, two spoken language interpreters shall be appointed. For any single proceeding scheduled for more than 1 hour, two sign interpreters shall be appointed. For any single proceeding lasting more than 2 hours, if two spoken or sign language interpreters are not reasonably available, the interpreter must be given not less than a 10-minute break every 30 minutes.

   (F) Rebuttable Presumption. There is a rebuttable presumption that an interpreter must be appointed if an interpreter is requested or it is shown that the person cannot readily understand or communicate in the English language.

   (G) All interpreters shall be at least 19 years old, shall have read the Code of Professional Responsibility for Interpreters, shall take the Interpreter Oath and shall verify in writing that he/she has read and understands the Code of Professional Responsibility for Interpreters prior to interpreting in the Nebraska Courts or the Nebraska State Probation System.

   (H) Individuals serving as interpreters for the State of Nebraska, pursuant to these rules, shall not be considered employees of the State of Nebraska.

   See Appendix 1 for Code and Interpreter Oath.

[Originally numbered as] Rule 2(B)–(D) amended September 17, 2003; [originally numbered as] Rule 2(D) moved to (G) on January 4, 2007, effective July 1, 2007; [originally numbered as] Rule 2(D)–(F) adopted January 4, 2007, effective July 1, 2007; [originally numbered as] Rule 2(B)–(D) and (G) amended June 25, 2008, effective July 1, 2008. Renumbered and codified as § 6-703, effective July 18, 2008; § 6-703(A)-(C) and (E)-(H) amended October 21, 2009; § 6-703(A)-(D) amended March 16, 2011; § 6-701(A)-(C) amended May 16, 2012, effective July 1, 2012; § 6-703(E) amended November 26, 2014; § 6-703(E) and (F) amended April 14, 2021.

   (A) Submission of Application. An individual who is desirous of being considered for certification as a certified, provisionally certified, or a registered interpreter as defined in these rules, in a particular language, must submit an application, on form(s) approved by the State Court Administrator, to the Administrative Office of Courts and Probation (AOCP).

   (B) Evaluation of Application. In order to protect the integrity of court proceedings and the safety of the public, a court interpreter should be one whose record of conduct justifies the trust of the courts, witnesses, jurors, attorneys, parties, and the public.

   (1) Upon Application for Interpreter Orientation, the AOCP will evaluate the application and determine if the applicant meets the initial qualification requirements of §§ 6-705, 6-706, or 6-707, including minimum age.

   (2) Upon Application for the Interpreter Written Examination after successful completion of interpreter orientation, the applicant shall execute a criminal history record check release form, and the AOCP will evaluate the application and conduct a criminal background check to verify the absence of criminal convictions and/or pending charges. A felony conviction of an applicant shall warrant denial of participation within the certification program, or removal from the roster of court interpreters. A misdemeanor conviction in the preceding 5 calendar years manifesting a significant deficiency in the honesty, trustworthiness, diligence, or reliability of an applicant may warrant denial of participation within the certification program, or removal from the roster of court interpreters.

   (C) Revocation or suspension of certification as a court interpreter in any other jurisdiction will preclude certification as a Nebraska court interpreter.

   (D) Orientation for court interpreters will include an introduction to Nebraska Courts and court proceedings, the ethics of a court interpreter, vocabulary, and the skills needed to assume the responsibilities of a court interpreter and meet the requirements for certification or provisional certification as outlined in §§ 6-705 and 6-706. After completing orientation and subject to the results of a criminal background check, applicants will be eligible to take a written examination. 

   (E) Written Examination. The written examination to qualify to take the oral examination of § 6-705(D) or be considered for provisional certification pursuant to § 6-706(F), shall require no fee for an initial or second attempt. If subsequent attempts are undertaken, based on previous non-passing scores, a fee as prescribed by the Nebraska Supreme Court shall be assessed per each attempt. For out of state residents, a fee as prescribed by the Nebraska Supreme Court shall be assessed per each attempt of the written examination to qualify to take the oral examination of § 6-705(D) or be considered for provisional certification pursuant to § 6-706(F). The written examination shall consist of three parts: general English language vocabulary, court-related terms and usage, and ethics and professional conduct. The written examination will be administered at such times and places as the AOCP may designate. The State Court Administrator shall waive this requirement for any interpreter who has previously taken the oral interpreter competency examination of § 6-704(E). If the applicant achieves a qualifying score of 80 percent or higher on the written examination, the applicant shall then be eligible to take the oral examination, if available for the interpreter's language, or provide documentation to support consideration for provisional certification.

   (F) Oral Examination. Oral examinations in specific languages will consist of three components: sight interpretation, consecutive interpretation, and simultaneous interpretation. Such examinations will be administered at such times and places as the AOCP may designate. Results of the oral certification examinations will be e-mailed or mailed by regular U.S. Mail to the applicant, per applicant's request.

   (G) Confidentiality. All information relating to the examination is treated as confidential by the AOCP and test administrators except that statistical information relating to the examinations and applicants may be released at the discretion of the State Court Administrator.

§ 6-704 adopted October 21, 2009; § 6-704(A)-(D) amended March 16, 2011; § 6-704(B)-(G) amended December 12, 2018; § 6-704(A), (B), and (D)-(G) amended April 14, 2021.

   A certified court interpreter must be able to interpret simultaneously and consecutively and provide sight translation from English into the language of the non-English-speaking person and from the language of that person into English. An interpreter will be eligible for certification upon establishing to the satisfaction of the AOCP that the individual has:

   (A) Reached the age of 19;

   (B) Had no past felony convictions or pending felony criminal charges. In addition, in the preceding 5 years had no misdemeanor convictions or pending charges manifesting a significant deficiency in honesty, trustworthiness, diligence, or reliability. Disposition of any felony charges less than 5 years in the past other than by acquittal or dismissal (e.g., pretrial diversion) shall be the basis for denial of certification. Disposition of misdemeanor charges manifesting a significant deficiency in honesty, trustworthiness, diligence, or reliability less than 5 years in the past other than by acquittal or dismissal (e.g., pretrial diversion) may be the basis for denial of certification;

   (C) Completed an orientation provided by the AOCP or approved by the AOCP;

   (D) Achieved a qualifying score of 80 percent or higher on a National Center for State Courts written examination administered by the AOCP or any state that is a member of the National Center for State Courts Language Access Services Section; and

   (E) Achieved a qualifying score of 70 percent or higher on each segment of the oral examination (National Center for State Courts oral certification examination) administered by the AOCP or approved by the AOCP as described in § 6-704(E). If an interpreter received a qualifying score of 70 percent on any of the three segments of a previous National Center for State Courts oral examination that was administered within the last 3 calendar years, the qualifying score shall be honored and the applicant shall not be required to repeat that segment of a current examination.

   (F) In addition, any interpreter possessing a Federal Court Interpreter certification or a Court Interpreter Certification from any state which is a member of the National Center for State Courts Language Access Services Section, formerly known as the Consortium for Language Access in the Courts, is recognized as a certified court interpreter. Any American Sign Language  interpreter possessing a Specialist Certificate Legal (SC:L) or any interpreter possessing a certification (CI/CT, NIC Master or NIC Advanced, CSC, or CDI) or possessing a provisional legal certification (CLIP) is recognized as a certified court interpreter.

   (G) To maintain certified status, court interpreters must comply with continuing education requirements as outlined in § 6-709. Failure to complete recognized continuing education shall be grounds for removal of the interpreter's name from the list of Nebraska Certified Court Interpreters.

[Originally numbered as] Rule 3(C)-(E) amended September 17, 2003. Renumbered and codified as § 6-704, effective July 18, 2008; § 6-704 renumbered to § 6-705 and amended October 21, 2009; § 6-705(G) adopted May 16, 2012, effective July 1, 2012; § 6-705(B) amended December 12, 2018; § 6-705, (A) and (C)-(F) amended April 14, 2021.

   In languages for which no oral examination is available, an applicant may be provisionally certified upon establishing to the satisfaction of the AOCP that the individual has:

   (A) Reached the age of 19;

   (B) Filed with the State Court Administrator a resume, a completed questionnaire regarding his or her experience and work education and work history, and permission for the State Court Administrator to do a criminal records check on the applicant;

   (C) Had no past felony convictions or pending felony criminal charges. In addition, in the preceding 5 years had no misdemeanor convictions or pending charges manifesting a significant deficiency in honesty, trustworthiness, diligence, or reliability. Disposition of any felony other than by acquittal or dismissal (e.g., pretrial diversion) shall be the basis for denial of provisional certification. Disposition of misdemeanor charges manifesting a significant deficiency in honesty, trustworthiness, diligence, or reliability less than 5 years in the past other than by acquittal or dismissal (e.g., pretrial diversion) may be the basis for denial of certification;

   (D) Completed an orientation provided by the AOCP or approved by the AOCP;

   (E) Achieved a qualifying score of 80 percent or higher on a National Center for State Courts written examination administered by the AOCP or any state that is a member of the National Center for State Courts Language Access Services Section;

   (F) In addition, provisional certification requires that the applicant demonstrate both written and oral proficiency in both English and the foreign language by the following:

   (1) Proof of the applicant's English written proficiency shall be demonstrated by one or more of the following:

   (a) A degree from an accredited college or university in a country where English is the official language; or

   (b) A minimum of 1 year of completed graduate coursework at an accredited university in a country where English is the official language; or

   (c) A score of 400 in the Toefel paper-based language test; a score of 97 in the Toefel PC-based language test; or a score of 32 in the Toefel Internet-based language test; or

   (d) Publication in English where the candidate is the sole or main author; or

   (e) Translator certification by the American Translators Association (ATA) in translation of a non-English document into the English language.

   (2) Proof of the applicant's English oral proficiency shall be demonstrated by one or more of the following:

   (a) A minimum of 2 years of teaching experience at the college level (undergraduate or graduate) using English as the language of instruction; or

   (b) A minimum of 2 years of other professional work experience in the United States or in a country where the official language is English.

   (3) Proof of written proficiency in the foreign language(s) as demonstrated by the following:

   (a) A minimum 4-year college degree from the United States or an equivalent higher education degree from another country where instruction is conducted in that language; or

   (b) Publication in the foreign language in which the applicant is the sole or main author; or

   (c) Translator certification from the American Translators Association (ATA) in translation of an English document into a non-English language.

   (4) Proof of oral proficiency in the foreign language as demonstrated by the following:

   (a) A minimum of 2 years of teaching at the college level (undergraduate or graduate) using the language as the language of instruction; or

   (b) A minimum of 2 years of other professional experience in a country where the language is the official language; or

   (c) A degree from an internationally recognized university or academic institution, ideally in, but not limited to, translation and interpretation with concentration in the foreign language.

   (5) Three letters of reference to attest to the applicant's interpreting and professional experience within the past 2 years.

   (6) The State Court Administrator shall have the responsibility of determining whether an applicant's degree, coursework, teaching experience, and/or professional work experience meet the requirements of this rule.

   (7) Upon the applicant's meeting the above requirements, the individual will be assigned to a mentor program developed and approved by the AOCP. Upon completion of the mentor program and a favorable report from the assigned mentor, the applicant shall be considered a provisionally certified interpreter.

   (G) Continuing Education and Reassessment of Provisionally Certified Status. To maintain provisionally certified status, court interpreters must comply with continuing education requirements as outlined in § 6-709. Failure to complete recognized continuing education shall be grounds for removal of the interpreter's name from the list of Nebraska Provisionally Certified Court Interpreters.

   (H) Provisional certification shall be recognized by the State of Nebraska until such time as an oral examination is available from the National Center for State Courts. The provisional certification will be withdrawn 6 months after an oral test is made available in the interpreter's non-English language. Provisionally certified interpreters who are not able to pass the National Center for State Courts oral examination will be considered registered interpreters.

§ 6-706 adopted March 16, 2011; § 6-706(G) amended May 16, 2012, effective July 1, 2012; § 6-706(C) amended December 12, 2018; § 6-706, (D)-(F), and (H) amended April 14, 2021.

   (A) A registered court interpreter must be able to interpret simultaneously and consecutively and provide sight translation from English into the language of the non-English-speaking person and from the language of that person into English, only when a certified interpreter is not available. See § 6-703(B).

   (B) An interpreter will be eligible for registration as a registered interpreter upon establishing to the satisfaction of the AOCP that the individual has:

   (1) Reached the age of 19;

   (2) Had no past felony convictions or pending felony criminal charges. In addition, in the preceding 5 years had no misdemeanor convictions or pending charges manifesting a significant deficiency in honesty, trustworthiness, diligence, or reliability. Disposition of any felony charges or those misdemeanor charges less than 5 years in the past other than by acquittal or dismissal (e.g., pretrial diversion) shall be the basis for denial of registered court interpreter status;

   (3) Completed an orientation provided by the AOCP or approved by the AOCP;

   (4) Achieved a qualifying score of 80 percent or higher on a National Center for State Courts written examination administered by the AOCP or any state that is a member of the National Center for State Courts Language Access Services Section; and

   (5) Achieved a score of 50 percent or higher on the oral examination administered or approved by the AOCP as described in § 6-704(E). Registered interpreters in languages for which the oral examination is not available will be retained upon the list of registered interpreters only upon submission to the AOCP some other measure of language competence (e.g., a passing score on an oral proficiency exam) acceptable by the AOCP.

   (C) To maintain registered status, court interpreters must comply with continuing education requirements as outlined in § 6-709. Failure to complete recognized continuing education shall be grounds for removal of the interpreter's name from the list of Nebraska Registered Court Interpreters.

[Originally numbered as] Rule 5(B) amended September 17, 2003. Renumbered and codified as § 6-706, effective July 18, 2008; § 6-706 amended October 21, 2009; § 6-706 renumbered to § 6-707 March 16, 2011; § 6-707(C) adopted May 16, 2012, effective July 1, 2012; § 6-707(B)(2) amended December 12, 2018; § 6-707(B) amended April 14, 2021.

   The opportunity to provide interpreter services to the courts under the direction of the State Court Administrator is at the Administrator’s complete and continuing discretion because of the critical reliance the courts must have on the skills, performance, and integrity of the interpreter in performing duties for the court. This discretion applies to any interpreter who is certified or registered with the AOCP. A court interpreter should be one whose record of conduct justifies the trust of the courts, witnesses, jurors, attorneys, parties, and the public. In order to protect the integrity of court proceedings and the safety of the public, the Supreme Court authorizes the State Court Administrator to investigate complaints and impose sanctions.  

   (A) Grounds for Imposition of Sanctions. Any of the following may be grounds for imposition of sanctions against a certified or registered interpreter:

   (1) Unprofessional or unethical conduct that violates the Code of Professional Responsibility (see Appendix 1);

   (2) Conviction of any felony criminal charge. Conviction, within the past 5 years, of a misdemeanor criminal charge manifesting a significant deficiency in honesty, trustworthiness, diligence, or reliability. Dispositions of either felony or misdemeanor criminal charges other than by acquittal or dismissal (e.g., pretrial diversion), or the filing of a probation violation or the revocation of probation may also constitute grounds for suspension or revocation; and

   (3) Incompetence as an interpreter.

   (4) Failure to report in writing to the Director of Language Access any misdemeanor or felony charge, or motion to revoke probation within 5 business days.

   (5) Failure to report in writing to the Director of Language Access within 5 business days any revocation or suspension of certification as a court interpreter in any other jurisdiction.

   (B) Investigation and Notification of Grounds for Imposition of Sanctions. Upon receipt by the AOCP of a complaint in writing against a certified or registered interpreter, or upon the initiation by the AOCP itself of a complaint, such complaint shall be investigated by the State Court Administrator. Upon receipt and initial investigation of any such complaint, if the State Court Administrator determines formal action is necessary, the Administrator may take any of the following formal actions:

   (1) Dismiss the complaint. In any case where the State Court Administrator dismisses the complaint, written notice of the complaint and notice of the dismissal shall be sent by certified mail to the interpreter and the complainant. 

   (2) Allow the interpreter to retain certification or registered interpreter status for the pendency of the evaluation and consideration of the complaint. In any case where the State Court Administrator deems it is necessary to consider the complaint, written notice of the complaint and the retention or suspension of the interpreter’s certified or registered status shall be sent by certified mail to the interpreter, and that interpreter shall have 15 days to file a written response with the State Court Administrator; or 

   (3) Immediately suspend the certification or registered interpreter status for the pendency of the evaluation and consideration of the complaint. In any case where the State Court Administrator deems it is necessary to consider the complaint, written notice of the complaint and the retention or suspension of the interpreter’s certified or registered status shall be sent by certified mail to the interpreter, and that interpreter shall have 15 days to file a written response with the State Court Administrator.

   (C) Evaluation and Consideration of the Complaint. The Director of Language Access shall receive such information and/or documentation as he or she sees fit. The rules of evidence do not apply to this evaluation and consideration of complaint, and the interpreter is not entitled to representation by counsel. After evaluation and consideration of the complaint, the Director of Language Access shall within 60 days recommend in writing to the State Court Administrator any § 6-708(E) sanctions it determines appropriate.

   (D) Sanctions. If the State Court Administrator, based upon the information and documentation provided in the complaint, the interpreter’s response, and the recommendation of the Director of Language Access, determines sufficient cause exists, the State Court Administrator may within 45 days of receipt of the recommendation impose one or more of the following sanctions in order to protect the integrity of court proceedings and the safety of the public:

   (1) Issue a written reprimand;

   (2) Specify corrective action with which the interpreter must fully comply in order to remain on the statewide register of interpreters, including the completion of educational courses and/or re-taking one or more parts of the interpreter written examination;

   (3) Suspend the interpreter from serving as an interpreter in the Nebraska courts or Probation Services for a specified period of time, or until corrective action is completed; and

   (4) Revoke the standing of and permanently prohibit the interpreter from serving as an interpreter in Nebraska courts or Probation Services.

   (E) No interpreter who has been suspended or revoked shall be utilized as an interpreter in any State judicial proceeding in the State of Nebraska, nor shall such interpreter be entitled to any compensation from the AOCP, during his or her suspension or revocation.

   (F) Complaints made against a sign language interpreter shall be processed pursuant to the procedure set forth in Rules and Regulations Relating to Sign Language Interpreters adopted by the Nebraska Commission for the Deaf and Hard of Hearing.

§ 6-707 adopted October 21, 2009; § 6-707 renumbered to § 6-708 March 16, 2011; § 6-708 amended December 12, 2018; § 6-708 amended April 14, 2021.

   Continuing education is required by the AOCP to ensure that certified, provisionally certified, and registered interpreters who serve in the Nebraska state courts maintain and improve their interpreting skills and expand their vocabulary. Additionally, continuing education is required to ensure that certified interpreters are in compliance with Local Rules in Chapter 6 (Trial Courts), Article 7 (Interpreters in Court), and the Nebraska Code of Professional Responsibility for Court Interpreters (Appendix 1).

   As of July 1, 2012, these requirements apply to all interpreters who are certified, provisionally certified, or registered court interpreters in the State of Nebraska who wish to interpret in the Nebraska state courts. Meeting these requirements is a condition for continued certification, provisional certification, or registered status of court interpreters.

   (A) CONTINUING EDUCATION REQUIREMENT refers to educational activities in which the interpreter engages after successfully passing the certification examination, being provisionally certified, or having registered status.

   Every certified, provisionally certified, or registered interpreter shall complete and report ten (10) credit hours of approved continuing education offered or accredited by the AOCP during each two-year reporting period. At least four (4) continuing education hours must be earned at an AOCP-approved ethics and skills building workshop. The two-year reporting period commences as set forth below at § 6-709(C).

   (B) APPROVED/ACCREDITED CONTINUING EDUCATION shall be earned in participatory activities, i.e., a course, conference, workshop, lecture, or other activity, at which attendance is monitored and verified. Participatory continuing education activities may include courses offered at accredited institutions of higher learning or conferences or workshops sponsored by accredited professional organizations.

   Continuing Education credits may be obtained through programs, conferences, and workshops endorsed and credited for continuing education by the Nebraska or other State or Federal Administrative Offices of the Courts, the Nebraska Association for Translators and Interpreters (NATI), the National Association of Judiciary Interpreters and Translators (NAJIT), the American Translators Association (ATA), and the Registry of Interpreters for the Deaf (RID), along with educational programs offered by colleges and/or universities, or training programs offered by other Language Access Services Section member states. 

   Continuing education credit granted shall be for the actual number granted by accredited programs, conferences, workshops, or training programs. Auditing an academic college level language course for continuing education credit or taking same for academic credit is permitted with education credits under this rule allocated as follows: one academic quarter unit shall be deemed equivalent to 10 continuing education credits and one academic semester unit shall be deemed equivalent to 15 continuing education credits.

   Interpreters for the deaf and hard of hearing must complete the RID required 8.0 continuing education credits (80 hours) in a cycle (4 years). These eight continuing education credits are divided into two Content Areas: Professional Studies and General Studies. Participants must work with a RID-Approved Sponsor to earn continuing education credits.

   Continuing education credit will be awarded only after completion of the entire activity. Partial attendance does not qualify for continuing education credit. Reasonable absences are allowed for academic courses. The academic institution's attendance requirements for credit must be met to be eligible for continuing education credit. If an educational activity spans two compliance periods, credit will be earned in the period in which the activity is completed. No continuing education hours may be carried over from one compliance period to the next.

   To receive continuing education credit for a particular educational activity, other than those listed above, the interpreter may request credit by submitting information regarding the activity (e.g., description of curriculum, agenda of conference, etc.) to the AOCP, and must receive approval prior to attendance at the activity. This information shall be submitted in advance of the program to ensure approval. Retroactive approval may be sought for good cause.

   Any interpreter who wishes to receive continuing education credit must be able to show proof of having taken the course or attended the conference or workshop (e.g., an official transcript from the university or college, or a receipt and/or certificate of completion from the conference or workshop).

   (C)  COMPLIANCE.  Each certified, provisionally certified, or registered interpreter is required to submit a completed Continuing Education Compliance Form (Appendix 2) to the AOCP every two years. The 24-month time period begins on January 1 following the date an interpreter becomes certified and is awarded the Nebraska State Certified Court Interpreter Certificate. The AOCP will make available, by the interpreter's request or online, the approved compliance form to be submitted.

   (D) NONCOMPLIANCE with the continuing education requirement shall result in the interpreter's name being removed from the list of Nebraska Certified Court Interpreters, Nebraska Provisionally Certified Court Interpreters, or the Nebraska Registered Court Interpreters. Interpreters whose names have been removed from the lists for noncompliance with the continuing education requirement shall not be given interpreting assignments with the courts. Interpreters will not be added back onto the list until the continuing education requirement is met.

§ 6-709 adopted May 16, 2012, effective July 1, 2012; § 6-709 and (B)-(C) amended April 14, 2021.

   The opportunity to provide interpreter services to the courts under the direction of the State Court Administrator is at the Administrator’s complete and continuing discretion because of the critical reliance the courts must have on the skills, performance, and integrity of the interpreter in performing duties for the court. This discretion applies to any interpreter who is registered with the Administrative Office of the Courts and Probation. A court interpreter should be one whose record of conduct justifies the trust of the courts, witnesses, jurors, attorneys, parties, and the public. All interpreters and those seeking certification shall comply with the following:

   (A) Any applicant seeking certification or registration as a Nebraska court interpreter must report in writing to the Director of Language Access any misdemeanor or felony charge or conviction incurred during the course of the certification process.

   (B) All certified, provisionally certified, registered, or other interpreters on the Nebraska court interpreter roster shall report in writing to the Director of Language Access any misdemeanor or felony charge or conviction, or motion to revoke probation within 5 days and shall acknowledge this responsibility on their biannual Continuing Education Report form.

   (C) Any certified, provisionally certified, registered, or other interpreter on the Nebraska court interpreter roster who fails to report in writing to the Director of Language Access any misdemeanor or felony charge or conviction, or motion to revoke probation within 5 days may be subject to imposition of sanctions pursuant to § 6-708.

   (D) All certified, provisionally certified, registered, or other interpreters on the Nebraska court interpreter roster shall report in writing to the Director of Language Access any:

   (1) Revocation or suspension of certification as a court interpreter in any other jurisdiction;

   (2) Acts that indicate abuse of or disrespect for the judicial process.

   (E) Any certified, provisionally certified, registered, or other interpreter on the Nebraska court interpreter roster who fails to report in writing to the Director of Language Access any revocation or suspension of certification in any other jurisdiction or acts that indicate abuse of or disrespect of the judicial process within 30 days may be subject to imposition of sanctions pursuant to § 6-708.

§ 6-710 adopted December 12, 2018; § 6-710 amended April 14, 2021.

   Nebraska Jury Instructions, Second Edition (NJI 2d), is designed for use when the instruction correctly states the law and the pleadings and evidence call for such an instruction. Where applicable, a trial judge may utilize an appropriate NJI instruction.

   The trial court may and ordinarily should hold a conference before or during the trial with reference to the preparation of proposed instructions. The trial court may direct counsel for either party to prepare designated instructions. Counsel may object at the conference on instructions to any instruction regardless of who prepared it. At the conference on instructions, each counsel should aid the trial court by stating any specific objection that he or she has on any instruction proposed to be given.

   The rule of practice adopted by this court on November 20, 1968, requiring use of the Nebraska Jury Instructions is hereby rescinded.

   Commencing July 1, 2007, any person employed by the Nebraska courts or any person volunteering with or working with the courts who may have contact with jurors or juries as provided by Neb. Rev. Stat. §§ 25-1116 and 29-2022 shall complete specialized training provided by the Office of Judicial Branch Education. For purposes of this rule, persons having contact with jurors or juries shall include, but not be limited to, bailiffs, court reporters, court clerks, volunteers, and any other court staff.

   All training materials, sessions, and information mandated by this rule shall be compiled and updated by the Office of Judicial Branch Education with approval by the Nebraska Supreme Court for use by the individual courts under the direction of the Office of Judicial Branch Education.

   This rule shall become effective on January 1, 2006, and shall govern the content and use of the Nebraska Juror Qualification Form in all district and county courts of the State of Nebraska.

   The Nebraska Juror Qualification Form, attached as Appendix A to this rule, has been adopted by the Nebraska Supreme Court pursuant to Neb. Rev. Stat. § 25-1629.01. All district and county courts shall use the attached form when the use of a juror qualification form is required by statute unless a request for approval of any amendments to such form has been approved by the Supreme Court. Such requests shall be submitted in writing and on a disk or CD in a Microsoft Word compatible format to the Clerk of the Supreme Court for submission to the Court. Any language to be added to the form shall be underscored and any language to be deleted from the form shall be overstruck.

   The CONFIDENTIAL JUROR INFORMATION section of the Nebraska Juror Qualification Form, Part VII, shall be detachable and shall be removed by the clerks of the district and county courts or jury commissioners and stored in a confidential manner by such clerk or commissioner until the end of the jury term. No one shall be permitted access to these detached sections except as set forth in this rule. The clerk or commissioner shall deliver the detached confidential information to an approved research agent of the Nebraska Supreme Court. The Nebraska Minority and Justice Implementation Committee (NMJIC) and the Nebraska Racial Justice Initiative (NRJI) have been approved by the Nebraska Supreme Court as such research agents. The confidential juror information may also be maintained, stored, and transmitted to the approved research agent by electronic means by any court which possesses such capabilities.

   Nothing in this rule shall prohibit the use of case-specific supplemental juror questionnaires to the extent that the supplemental questions do not duplicate any information requested in the Nebraska Juror Qualification Form.

   (Revisor's note: The former Nebraska Rules of Pleading in Civil Cases have been renumbered in the revised Nebraska Court Rules as Chapter 6, Article 11, Nebraska Court Rules of Pleading in Civil Cases. Thus, former rule 12 is now Neb. Ct. R. Pldg. § 6-1112, etc., with the last two numbers of the newly renumbered sections corresponding to the former rule number. Subsections and references within this rule to rules by number and subsection may remain unchanged. Thus, a reference in this rule to rule 12(a)(1) should be interpreted and found at  § 6-1112(a)(1), etc.)

   These Rules govern pleading in civil actions filed on or after January 1, 2003. They apply to the extent not inconsistent with statutes governing such matters.

   These Rules shall be construed and administered to secure the just, speedy, and inexpensive determination of every action.

   These Rules govern pleading in a forcible entry and detainer action only to the extent they are consistent with a court's jurisdiction over such actions and are not in conflict with law governing such actions.

   Where reference is made in these rules to "filing," "service," or "notice," it is presumed to mean electronic filing, service, or notice by registered users as defined in § 2-201(I) unless the context requires otherwise.

Rule 1 amended May 19, 2004. Renumbered and codified as § 6-1101, effective July 18, 2008; § 6-1101 amended June 9, 2021, effective January 1, 2022.

COMMENT 

COMMENT

COMMENT

   (a) Service: When Required. 

   (1) In general. Except as otherwise provided in these rules or by statute, the following shall be served on each of the parties:

   (A) every pleading subsequent to the original complaint or petition unless otherwise ordered by the court due to numerous defendants;

   (B) an order stating that service is required;

   (C) every document relating to discovery required to be served on a party unless otherwise ordered by the court;

   (D) every written motion, other than one which may be heard ex parte; and

   (E) every written notice, appearance, demand, offer of judgment, designation of record on appeal, and similar documents.

   (2) No service is required on parties who are in default for failing to appear, unless the pleadings assert new or additional claims for relief. Such new pleadings shall be served as provided for service of summons.

   (3) If an action is for seizure of property, in which no person need be or is named as defendant, any service required to be made prior to the filing of any answer, claim, or appearance shall be made upon the person having custody or possession of the property at the time of its seizure.

   (1) If a party is represented by an attorney, service shall be made on the attorney unless the court orders service on the party.

   (2) Except as provided in subsection (3), service of any required document shall be made by:

   (A) delivering to the person to be served;

   (B) mailing it to the person to be served by first-class mail to the address provided in § 6-1111(a)(3) or the last-known address of the person in which event service is complete upon mailing;

   (C) leaving it at the person's office with the person's clerk or other person in charge; or if the office is closed or if the person has no office, leaving it at the person's dwelling place or usual place of abode with some person of suitable age and discretion who resides there;

   (D) sending it to the person by email if the person being served has designated an email address pursuant to § 6-1111(a)(3), or sending it via the court-authorized service provider to a registered user. In either event, service is complete upon filing or sending the document, but is not effective if the filer or sender learns that it did not reach the person to be served; or

   (E) delivering it by any other means consented to in writing by the party being served or leaving it with the court clerk if authorized by statute.

   (3) Attorneys and registered users. If a filing is made electronically via the court-authorized service provider, service shall be made electronically on all Nebraska attorneys and other registered users via the court-authorized service provider.

   (c) Service; Numerous Defendants. If an action involves an unusually large number of defendants, the court may, on motion or on its own, order:

   (1) service of the pleadings of the defendants and replies need not be made as between the defendants;

   (2) any cross-claim, counterclaim, avoidance, or affirmative defense in those pleadings and replies to them shall be treated as denied or avoided by all other parties; and

   (3) filing of such pleading and service on the plaintiff constitutes notice of the pleading to all parties.

   (4) A copy of such order shall be served upon the parties in such manner and form as the court directs.

   (d) Filing: Proof of Service; Certificate of Service.

   (1) Proof of service shall be made by certificate of the attorney causing the service to be made or by certificate of the party not represented by an attorney. A certificate of service shall state the manner in which service was made on each person served. When a document is electronically filed via the court-authorized service provider, the provisions of § 2-205 shall control.

   (2) All documents after the complaint required to be served upon a party (except discovery material), together with a certificate of service, shall be filed in the court within a reasonable time after service. Neb. Ct. R. of Disc. § 6-326(g) governs filing of all discovery material.

   (e) Filing with the Court Defined. 

   (1) A person represented by an attorney must file electronically unless non-electronic filing is allowed by other court rule.

   (2) A non-attorney may only file electronically if allowed by court rule.

Rule 5(b) amended June 25, 2008, effective date July 18, 2008. Renumbered and codified as § 6-1105(b), effective July 18, 2008; § 6-1105(b)(2)(E) amended August 31, 2011; § 6-1105(b)(2)(E) amended June 8, 2016; § 6-1105 amended June 9, 2021, effective January 1, 2022.

(a) Computation. [Reserved]

   (b) Enlargement. When by these rules or by a notice given thereunder or by order of court an act is required or allowed to be done at or within a specified time, the court for cause shown may at any time in its discretion (1) with or without motion or notice order the period enlarged if request therefor is made before the expiration of the period originally prescribed or as extended by a previous order, or (2) upon motion made after the expiration of the specified period permit the act to be done where the failure to act was the result of excusable neglect. The court may not extend the time for taking any action specified in any statute, except to the extent and under the conditions stated in the statutes.

   (c) [Reserved]

   (d) For Motions--Affidavits. [Reserved]

   (e) Additional Time After Service by Mail. Whenever a party has the right or is required to do some act or take some proceedings within a prescribed period after the service of a notice or other document upon the party and the notice or document is served under § 6-1105(b)(2)(B), three days shall be added to the prescribed period.

Rule 6(e) amended June 25, 2008, effective July 18, 2008. Renumbered and codified as § 6-1106(e), effective July 18, 2008; § 6-1106 amended June 9, 2021, effective January 1, 2022.

   (a) Pleadings. There shall be a complaint and an answer; a reply to a counterclaim denominated as such, if the answer contains a counterclaim; an answer to a cross-claim, if the answer contains a cross-claim; a third-party complaint, if a person who was not an original party is summoned as a third-party defendant; and a third-party answer, if a third party complaint is served. No other pleading shall be allowed, except that the court may order a reply to an answer or a third-party answer.

   A partial list of the proceedings in which the initial pleading is a "petition" includes a petition in error (see § 25-1903), probate procedure (see § 30-2209), protection from domestic abuse (see § 42-924), adoption (see § 43-102), actions under the juvenile code (see § 43-245 et seq.), workers’ compensation actions (see § 48-173), Commission of Industrial Relations actions (see § 48-811), mental health commitments (see § 83-1001 et seq.), and judicial review of administrative action (see § 84-917). The initial pleading in an action for postconviction relief by a prisoner is a "verified motion" (see § 29-3001).

   A separate rules defines the extent to which an action for grandparent visitation is governed by these rules (see § 43-1803 and the Rules adopted by the Supreme Court pursuant thereto).

   (b) Motions and Other Papers. [Reserved]

   (c) Demurrers, Pleas, Etc., Abolished. [Reserved]

Rule 7(a) amended May 19, 2004. Renumbered and codified as § 6-1107, effective July 18, 2008.

   (a) Claims for Relief. A pleading which sets forth a claim for relief, whether an original claim, counterclaim, cross-claim, or third-party claim, shall contain (1) a caption, (2) a short and plain statement of the claim showing that the pleader is entitled to relief, and (3) a demand for judgment for the relief the pleader seeks. Relief in the alternative or of several different types may be demanded. If the recovery of money be demanded, the amount of special damages shall be stated but the amount of general damages shall not be stated; and if interest thereon be claimed, the time from which interest is to be computed shall also be stated.

   (b) Defenses; Form of Denials. A party shall state in short and plain terms the party's defenses to each claim asserted and shall admit or deny the averments upon which the adverse party relies. If a party is without knowledge or information sufficient to form a belief as to the truth of an averment, a party shall so state and this has the effect of a denial. Denials shall fairly meet the substance of the averments denied. When a pleader intends in good faith to deny only a part or a qualification of an averment, the pleader shall specify so much of it as is true and material and shall deny only the remainder. The pleader may make denials as specific denials of designated averments or paragraphs, may generally deny all the averments except such designated averments or paragraphs as are expressly admitted, or may controvert all the averments of the preceding pleading by general denial.

   (c) Affirmative Defenses. In pleading to a preceding pleading, a party shall set forth affirmatively accord and satisfaction, arbitration and award, assumption of risk, contributory negligence, discharge in bankruptcy, duress, estoppel, failure of consideration, fraud, illegality, injury by fellow servant, laches, license, payment, release, res judicata, statute of frauds, statute of limitations, waiver, and any other matter constituting an avoidance or affirmative defense. When a party has mistakenly designated a defense as a counterclaim or a counterclaim as a defense, the court on terms, if justice so requires, shall treat the pleading as if there had been a proper designation.

   (d) Effect of Failure to Deny. Averments in a pleading to which a responsive pleading is required, other than those as to value or the amount of damage, are admitted when not denied in the responsive pleading. Averments in a pleading to which no responsive pleading is required or permitted shall be taken as denied or avoided.

   (e) Pleadings to Be Concise and Direct; Consistency.

   (1) Each averment of a pleading shall be simple, concise, and direct. No technical forms of pleadings or motions are required.

   (2) A party may set forth two or more statements of a claim or defense alternately or hypothetically, either in one count or defense or in separate counts or defenses. When two or more statements are made in the alternative and one of them if made independently would be sufficient, the pleading is not made insufficient by the insufficiency of one or more of the alternative statements. A party may also state as many separate claims or defenses as the party has regardless of consistency and whether based on legal or equitable grounds. All statements shall be subject to the standards set forth in § 25-824.

   (3) Construction of Pleadings. [Reserved]

   (a) Capacity. It is not necessary to aver the capacity of a party to sue or be sued or the authority of a party to sue or be sued in a representative capacity or the legal existence of an organized association of persons that is made a party, except to the extent required to show the jurisdiction of the court. When a party desires to raise an issue as to the legal existence of any party or the capacity of any party to sue or be sued or the authority of a party to sue or be sued in a representative capacity, the party desiring to raise the issue shall do so by specific negative averment, which shall include such supporting particulars as are peculiarly within the pleader's knowledge.

   (b) Fraud, Mistake, Undue Influence, Condition of the Mind. In all averments of fraud, mistake, or undue influence, the circumstances constituting fraud, mistake, or undue influence shall be stated with particularity. Malice, intent, knowledge, and other condition of mind of a person may be averred generally.

   (c) Conditions Precedent. In pleading the performance or occurrence of conditions precedent, it is sufficient to aver generally that all conditions precedent have been performed or have occurred. A denial of performance or occurrence shall be made specifically and with particularity.

   (d) Official Document or Act. In pleading an official document or official act it is sufficient to aver that the document was issued or the act done in compliance with law.

   (e) Judgment. In pleading a judgment or decision of a domestic or foreign court, judicial or quasi-judicial tribunal, or of a board or officer, it is sufficient to aver the judgment or decision without setting forth matter showing jurisdiction to render it.

   (f) Time and Place. For the purpose of testing the sufficiency of a pleading, averments of time and place are material and shall be considered like all other averments of material matter.

   (g) Special Damage. When items of special damage are claimed, they shall be specifically stated.

   (h) If, after consultation, the client consents in writing, an attorney may enter a "Limited Appearance" on behalf of an otherwise unrepresented party involved i n a court proceeding, and such appearance shall clearly define the scope of the lawyer's limited representation. A copy shall be provided to the client and
opposing counsel or opposing party if unrepresented.

   (i) Upon completion of the limited representation, the lawyer shall within 10 days file a "Certificate of Completion of Limited Appearance" with the court. Copies shall be provided to the client and opposing counsel or opposing party if unrepresented. After such filing, the lawyer shall not have any continuing obligation to represent the client. The filing of such certificate shall be deemed to be the lawyer's withdrawal of appearance which shall not require court approval.

§ 6-1109(h) and (i) adopted September 3, 2008; Comment amended September 3, 2008.

   (a) Caption: Names of Parties. Every pleading shall contain a caption setting forth the name of the court, the title of the action, the file number, and a designation as in § 6-1107(a). In the complaint the title of the action shall include the names of all the parties, but in other pleadings it is sufficient to state the name of the first party on each side with an appropriate indication of other parties.

   (b) Paragraphs; Separate Statements. All averments of claim or defense shall be made in numbered paragraphs, the contents of each of which shall be limited as far as practicable to a statement of a single set of circumstances; and a paragraph may be referred to by number in all succeeding pleadings. Each claim founded upon a separate transaction or occurrence and each defense other than denials shall be stated in a separate count or defense whenever a separation facilitates the clear presentation of the matters set forth.

   (c) Adoption by Reference; Exhibits. Statements in a pleading may be adopted by reference in a different part of the same pleading or in another pleading or in any motion. A copy of any written instrument which is an exhibit to a pleading is a part thereof for all purposes.

   (a) Signature.

   (1) Every pleading, written motion, and other paper shall be signed by at least one attorney of record in the attorney's name, or by a party personally if the party is not represented by an attorney. An unsigned document, other than an electronic filing, shall be stricken unless omission of the signature is corrected promptly after being called to the attention of the filer.

   (2) An electronic filing made through a filer’s court-authorized service provider account and authorized by the filer, together with the filer’s name on a signature block, constitutes the person’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.

   (3) Each document for filing shall state the signer’s address, email address, if any, and telephone number, and the attorney’s bar identification number, if filed by an attorney. Except when otherwise specifically provided by statute, pleadings need not be verified or accompanied by affidavit.

   (b) When a lawyer is not an attorney of record, such lawyer may prepare pleadings, briefs, and other documents to be filed with the court so long as such filings clearly indicate that said filings are “Prepared By” along with the name, address, email address, telephone number, and bar number of the lawyer preparing the same. Such actions or filings shall not be deemed an appearance by the lawyer in the case.

   (c)-(d) [Reserved]

   (a) When Presented.

   (1) A defendant shall serve an answer within 30 days after being served with the summons and complaint or completion of service by publication.

   (2) A party served with a pleading stating a cross-claim against that party shall serve an answer thereto within 30 days after being served. A plaintiff shall serve a reply to a counterclaim in the answer within 30 days after being served with the answer, or, if a reply is ordered by the court, within 15 days after service of the order, unless the order otherwise directs.

   (3) [Reserved]

   (4) Unless a different time is fixed by court order, the service of a motion permitted under this rule alters these periods of time as follows:

   (A) if the court denies the motion or postpones its disposition until the trial on the merits, the responsive pleading shall be served within 20 days after notice of the court's action; or

   (B) if the court grants a motion for a more definite statement, the responsive pleading shall be served within 20 days after the service of the more definite statement.

   (b) How Presented. Every defense, in law or fact, to a claim for relief in any pleading, whether a claim, counterclaim, cross-claim, or third-party claim, shall be asserted in the responsive pleading thereto if one is required, except that the following defenses may at the option of the pleader be made by motion:

   (1) lack of jurisdiction over the subject matter;

   (2) lack of jurisdiction over the person;

   (3) [reserved]

   (4) insufficiency of process;

   (5) insufficiency of service of process;

   (6) that the pleading fails to state a claim upon which relief can be granted;

   (7) failure to join a necessary party.

   A motion making any of these defense shall be made before pleading if further pleading is permitted. No defense or objection is waived by being joined with one or more other defenses or objections in a responsive pleading or motion.

   If a pleading sets forth a claim for relief to which the adverse party is not required to serve a responsive pleading, the adverse party may assert at the trial any defense in law or fact to that claim for relief.

   If, on a motion asserting the defense numbered (6) to dismiss for failure of the pleading to state a claim upon which relief can be granted, matters outside the pleading are presented to and not excluded by the court, the motion shall be treated as one for summary judgment and disposed of as provided in §§ 25-1330 to 25-1336, and all parties shall be given reasonable opportunity to present all material made pertinent to such a motion by statute.

   (c) Motion for Judgment on the Pleadings. After the pleadings are closed but within such time as not to delay the trial, any party may move for judgment on the pleadings. If, on a motion for judgment on the pleadings, matters outside the pleadings are presented to and not excluded by the court, the motion shall be treated as one for summary judgment and disposed of as provided in §§ 25-1330 to 25-1336 and all parties shall be given reasonable opportunity to present all material made pertinent to such a motion by statute.

   (d) Preliminary Hearings. The defenses specifically enumerated (1)-(2) and (4)-(7) in subdivision (b) of this rule, whether made in a pleading or by motion, and the motion for judgment mentioned in subdivision (c) of this rule shall be heard and determined before trial on application of any party, unless the court orders that the hearing and determination thereof be deferred until the trial.

   (e) Motion for More Definite Statement. If a pleading to which a responsive pleading is permitted is so vague or ambiguous that a party cannot reasonably be required to frame a responsive pleading, the party may move for a more definite statement before interposing a responsive pleading. The motion shall point out the defects complained of and the details desired. If the motion is granted and the order of the court is not obeyed within 10 days or within such time as the court may fix, the court may strike the pleading or make such order as it deems just.

   (f) Motion to Strike. Upon motion by a party before responding to a pleading, or if no responsive pleading is permitted by these rules, upon motion made by a party within 30 days after the service of the pleading upon the party or upon the court's own initiative at any time, the court may order stricken from any pleading any insufficient defense or any redundant, immaterial, impertinent, or scandalous matter.

(g) Consolidation of Defenses in Motion. A party who makes a motion under this rule may join with it any other motions then available to the party. If a party makes a motion under this rule but omits therefrom any defense or objection then available to the party which this rule permits to be raised by motion, the party shall not thereafter make a motion based on the defense or objection so omitted, except a motion as provided in subdivision (h)(2) hereof on any of the grounds there stated.

   (h) Waiver or Preservation of Certain Defenses.

   (1) A defense of lack of jurisdiction over the person, insufficiency of process, or insufficiency of service of process is waived

   (A) if omitted from a motion in the circumstances described in subdivision (g), or

   (B) if it is neither made by motion under this rule nor included in a responsive pleading or an amendment thereof permitted by § 6-1115(a) to be made as a matter of course.

   (2) A defense of failure to state a claim upon which relief can be granted, a defense of failure to join a necessary party, and an objection of failure to state a legal defense to a claim may be made in any pleading permitted or ordered under § 6-1107(a), or by motion for judgment on the pleadings, or at the trial on the merits.

   (3) Whenever it appears by suggestion of the parties or otherwise that the court lacks jurisdiction of the subject matter, the court shall dismiss the action.

   (a) Counterclaims. A pleading may state as a counterclaim any claim which at the time of serving the pleading, the pleader has against an opposing party.

   (b) Failure to Include Counterclaim; Effect in Subsequent Action. A party who does not assert a counterclaim that arises out of the transaction or occurrence that is the subject matter of an opposing party's claim cannot recover costs against that party in any subsequent action thereon.

   (c) Counterclaim Exceeding Opposing Claim. A counterclaim may or may not diminish or defeat the recovery sought by the opposing party. It may claim relief exceeding in amount or different in kind from that sought in the pleading of the opposing party.

   (d) Counterclaim Against the State and Political Subdivisions. These rules shall not be construed to enlarge beyond the limits now fixed by law the right to assert counterclaims or to claim credits against the State of Nebraska, an officer or agency of the State, or a political subdivision of the State.

   (e) Counterclaim Maturing or Acquired After Pleading. A claim which either matured or was acquired by the pleader after filing a pleading may, with the permission of the court, be presented as a counterclaim by supplemental pleading.

   (f) Omitted Counterclaim. When a pleader fails to set up a counterclaim through oversight, inadvertence, or excusable neglect, or when justice requires, the pleader may by leave of court set up the counterclaim by amendment.

   (g) Cross-Claim Against Co-Party. A pleading may state as a cross-claim any claim by one party against a co-party arising out of the transaction or occurrence that is the subject matter either of the original action or of a counterclaim therein or relating to any property that is the subject matter of the original action. Such cross-claim may include a claim that the party against whom it is asserted is or may be liable to the cross-claimant for all or part of a claim asserted in the action against the cross-claimant.

   (h) Joinder of Additional Parties. [Reserved]

   (i) Separate Trials; Separate Judgments. [Reserved]

COMMENT

   (a) Amendments. A party may amend the party's pleading once as a matter of course before a responsive pleading is served or, if the pleading is one to which no responsive pleading is permitted, the party may amend it within 30 days after it is served. Otherwise a party may amend the party's pleading only by leave of court or by written consent of the adverse party, and leave shall be freely given when justice so requires. A party shall plead in response to an amended pleading within the time remaining for response to the original pleading or within 10 days after service of the amended pleading, whichever period may be longer, unless the court otherwise orders.

   (b) Amendments to Conform to the Evidence. When issues not raised by the pleadings are tried by express or implied consent of the parties, they shall be treated in all respects as if they had been raised in the pleadings. Such amendment of the pleadings as may be necessary to cause them to conform to the evidence and to raise these issues may be made upon motion of any party at any time, even after judgment; but failure so to amend does not affect the result of the trial of these issues. If evidence is objected to at the trial on the ground that it is not within the issues made by the pleadings, the court may allow the pleadings to be amended and shall do so freely when the presentation of the merits of the action will be subserved thereby and the objecting party fails to satisfy the court that the admission of such evidence would prejudice the party in maintaining the party's action or defense upon the merits. The court may grant a continuance to enable the objecting party to meet such evidence.

   (c) Relation Back of Amendments. [Reserved]

   (d) Supplemental Pleadings. Upon motion of a party the court may, upon reasonable notice and upon such terms as are just, permit the party to serve a supplemental pleading setting forth transactions or occurrences or events which have happened since the date of the pleading sought to be supplemented. Permission may be granted even though the original pleading is defective in its statement of a claim for relief or a defense. If the court deems it advisable that the adverse party plead to the supplemental pleading, it shall so order, specifying the time therefor.

COMMENT

   Sections 6-1201 through 6-1210 shall govern all problem-solving courts established by and within the Nebraska judicial system. Problem-solving courts shall exist and be established only upon approval of the Nebraska Supreme Court.

§ 6-1201 amended September 21, 2016.

   For purposes of §§ 6-1201 through 6-1210, problem-solving courts are programs and services established within the district, county, or juvenile courts and shall include, but are not limited to, programs established pursuant to Neb. Rev. Stat. § 24-1302 and programs established for the treatment of problems related to issues such as substance abuse, mental health, and domestic violence. The purpose of the programs and services is to reduce recidivism by fostering a comprehensive and coordinated court response composed of early intervention, appropriate treatment, intensive supervision, and consistent judicial oversight.

Adopted January 24, 2007, effective March 1, 2007. Renumbered and codified as § 6-1202, effective July 18, 2008; § 6-1202 amended September 21, 2016; § 601202 amended February 14, 2019.

   Sections 6-1201 through 6-1210 are promulgated under the authority of article V, § 1, of the Nebraska Constitution and Neb. Rev. Stat. § 24-1302.

§ 6-1203 amended September 21, 2016.

   The purpose of §§ 6-1201 through 6-1210 is to institute requirements for the establishment and operation of problem-solving courts in Nebraska.

§ 6-1204 amended September 21, 2016.

   Sections 6-1201 through 6-1210 shall apply to all Nebraska problem-solving court judges and personnel regardless of funding source.

§ 6-1205 amended September 21, 2016.

 § 6-1206 amended September 21, 2016; § 6-1206 amended February 14, 2019.

   (A) In order to establish or expand a problem-solving court as defined in § 6-1202, approval must first be granted by the Nebraska Supreme Court pursuant to Neb. Ct. R. §§ 6-1201 through 6-1210.

   (B) Problem-solving courts shall adhere to the 10 Key Components as identified and approved by the National Association of Drug Court Professionals in January 1997, and utilize evidence-based practices as identified by applicable social science research and literature. In addition, family treatment courts shall adhere to the Family Treatment Court Common Characteristics promulgated by the National Drug Court Institute in 2018.

   (C) Any court interested in expanding an existing problem-solving court or starting a new problem-solving court shall provide a written Notice of Intention to the State Court Administrator. The written notice shall include:

   (1) A general program description to include the following;

   (a) Location of problem-solving court;

   (b) Type of problem-solving court;

   (c) The program elements, including, but not limited to, whether it is a postplea or pre- or postadjudication program;

   (d) The judicial oversight of problem-solving court; and

   (e) The level of support from:

   (i) County attorney;

   (ii) Public defender;

   (iii) Treatment providers and, in the case of family treatment courts, the Nebraska Department of Health and Human Services;

   (iv) Law enforcement;

   (v) County board; and

   (vi) Chief probation officer;

   (2) A description of the target population it intends to serve and the estimated number of participants in the first year of operation;

   (3) Program goals and intended outcomes and how they will be measured;

   (4) An established eligibility criteria for participation in the problem-solving court which includes a standardized, validated risk instrument as approved by the Administrative Office of the Courts;

   (5) The process or procedure by which an individual gains acceptance to participate in the problem-solving court;

   (6) Drug/alcohol testing protocol;

   (7) A protocol for adhering to appropriate and legal confidentiality requirements and a plan to provide all team members with an orientation regarding the confidentiality requirements of 42 U.S.C. § 290dd-2 and 42 C.F.R. part 2, if applicable;

   (8) The terms and conditions of participation in the problem-solving court, including, but not limited to, treatment; drug testing requirements; the expected intensity of supervision; the anticipated types and intensity of treatment, education, and employment programs to be provided; phase requirements; graduation/completion requirements; graduated sanctions and rewards; and any applicable program service fees;

   (9) The process or procedure by which a participant's progress in the problem-solving court is monitored; and

   (10) Written policies and procedures governing its general administration, including those relating to organization, personnel, and finance.

   (D) After reviewing the Notice of Intention, the State Court Administrator will refer the request to the Statewide Problem-Solving Court Coordinator or request additional information from the applying court.

   (E) At the direction of the State Court Administrator, the Statewide Problem-Solving Court Coordinator will begin an initial assessment of the request to include:

   (1) Data supporting the need for and cost of the proposed problem-solving court and quantifying the expected benefits;

   (2) The existence and applicability of evidence-based practices specific to the operation of the proposed court;

   (3) Available resources;

   (4) Needed resources;

   (5) Problem-solving court funding plan;

   (6) Whether a problem-solving court model for the proposed court has been approved by the Supreme Court and Nebraska Supreme Court Committee on Problem-Solving Courts; and

   (7) The existence and applicability of Best Practice Standards approved by the Supreme Court.

   (F) Upon completion of the initial assessment, the Statewide Problem-Solving Court Coordinator shall present the information and any recommendations to the State Court Administrator and the State Probation Administrator.

   (G) If, after review of the Statewide Problem-Solving Court Coordinator’s assessment and recommendations, the State Court Administrator determines the request shall be denied, a report shall be submitted to the applying judge explaining the reasons therefor and outlining potential next steps.

   (H) If, after review of the Statewide Problem-Solving Court Coordinator’s assessment and recommendations, the State Court Administrator determines the request warrants submission to the Nebraska Supreme Court, the Statewide Problem-Solving Court Coordinator shall facilitate and assist the proponents in the fulfillment of the requirements for establishing or expanding a problem-solving court outlined in Neb. Ct. R. §§ 6-1201 through 6-1210.

   (I) Upon receipt of the State Court Administrator’s determination that the request warrants submission to the Supreme Court, the proponents of the court shall submit to the Statewide Problem-Solving Court Coordinator all documents required for establishing or expanding a problem-solving court described in Neb. Ct. R. §§ 6-1201 through 6-1210.

   (J) The Statewide Problem-Solving Court Coordinator shall review the documents submitted by proponents and determine whether the information submitted is in compliance with Neb. Ct. R. §§ 6-1201 through 6-1210. If the Coordinator so determines, the request shall be submitted by the Statewide Problem-Solving Court Coordinator to the State Court Administrator requesting Supreme Court approval. If the Coordinator determines the information is not in compliance with Neb. Ct. R. §§ 6-1201 through 6-1210, the Coordinator shall address the deficiencies with the proponents until compliance is achieved or until the Coordinator determines the requirements of Neb. Ct. R. §§ 6-1201 through 6-1210 cannot be met. A determination that the requirements of Neb. Ct. R. §§ 6-1201 through 6-1210 cannot be met shall be communicated in writing to the State Court Administrator for further action by the Administrator.

   (K) Upon approval by the Supreme Court, the applying problem-solving court will work with the Statewide Problem-Solving Court Coordinator to develop an implementation plan to include but not be limited to:

   (1) Personnel;

   (2) Timelines;

   (3) Training;

   (4) Daily operations; and

   (5) Technical assistance.

   (L) Any changes in the material submitted pursuant to § 6-1207(C) shall be submitted to the Administrative Office of the Courts in a timely manner for approval by the Nebraska Supreme Court.

   (M) Screening and treatment for substance use shall adhere to Neb. Ct. R., Ch. 6, Art. 13, Substance Use Services adopted by the Nebraska Supreme Court.

   (N) The Court may from time to time modify the requirements set forth in § 6-1207(A) through (M).

   (O) The Court shall reserve the right to allow exemptions to any of the requirements set forth in § 6-1207(A) through (K). Any request for an exemption shall be made to the Court in writing. Exemptions shall also be terminated at the discretion of the Court.

§ 6-1207(B) amended June 24, 2015; § 6-1207 amended September 21, 2016; § 6-1207 amended February 14, 2019; § 6-1207(B) and (C)(1)(e)(iii) amended April 15, 2020.

   (A) All problem-solving courts shall be postplea or postadjudication in nature and, with respect to reentry courts, postsentencing.

   (B) Following the effective date of these rules, all new problem-solving courts, with the exception of family dependency drug courts, shall utilize probation personnel.

   (C) Before receiving any funding from the Administrative Office of the Courts, problem-solving courts shall have an interlocal agreement or other contract in place. Problem-solving courts directly utilizing probation personnel shall have an interlocal agreement with the Office of Probation Administration outlining the roles, responsibilities, obligations, and the collection of probation fees. Problem-solving courts that are not directly utilizing probation personnel shall have an interlocal agreement or other contract with the Administrative Office of the Courts outlining the roles, responsibilities, and obligations of each. Family treatment courts shall have an interlocal agreement or other contract with the Nebraska Department of Health and Human Services identifying the roles, responsibilities, and obligations of each.

   (D) Problem-solving courts applying for access to treatment funds managed by the Office of Probation Administration shall enter into an interlocal agreement with the Office of Probation Administration outlining roles, responsibilities, obligations, and the collection of fees. Such problem-solving courts shall adhere to all Office of Probation Administration policies and procedures in regard to the Offender Fee for Service Voucher Program.

   (E) Problem-solving courts shall not deny participation to anyone based on a person's financial status, gender, age, race, religion, physical or mental disability, or ethnicity.

   (F) Participants must sign an appropriate consent for disclosure upon application for entry into a problem-solving court in accordance with confidentiality requirements of 42 U.S.C. 290dd-2 and 42 C.F.R. part 2.

   (G) Problem-solving courts shall have a core team of professionals responsible for the case management of participants. All members of the core team of professionals shall complete orientation and continuing education and training appropriate to the operation of the specific problem-solving court. Content, intervals, and duration for the specific problem-solving court’s education program shall be as established by the Director of Judicial Branch Education, subject to the approval of the Supreme Court, using national and state best practice standards.

   (H) Problem-solving courts shall advise the Administrative Office of the Courts, in writing, of the source(s) of all program funding. Problem-solving courts eligible for available federal funding or other grant-based funding are encouraged to make all reasonable efforts to secure such funding.

   (I) Problem-solving courts in which the collection of state or local fees applies shall not deny entrance nor terminate from the program based on an individual's inability to pay.

   (J) All problem-solving court participants shall remit all state or local fee payments to the clerk of the court. The clerk of the court shall collect all required state and local fees and shall disperse and report such fees according to law and the policies of the Administrative Office of the Courts.

   (K) All problem-solving courts shall collect management information and data on the governance and operation of the courts and shall report such information and data in such reports and at such frequency as required by these rules and Appendix 1 and as the Administrative Office of the Courts and Probation may from time to time require.

   The collection and reporting of the information and data shall be by utilization of the Nebraska Probation Application for Community Safety System (NPACS). The scope of the data and information collected and reported shall be as necessary to comply with the reporting requirements in the problem-solving court’s performance measures and the problem-solving court’s audit process as more fully described in Appendix 1 to these rules.

   (L) All problem-solving courts shall utilize evidence-based practices as identified by applicable scientific research and literature and shall adhere to best practice standards. 

   (M) The Court shall reserve the right to allow exemptions to any of the requirements set forth in § 6-1208(A) through (L). Any request for an exemption shall be made to the Court in writing. Exemptions shall be terminated at the discretion of the Court.

§ 6-1208(K) and (L) amended June 24, 2015; § 6-1208 amended September 21, 2016; § 6-1208(A), (K), and (L) amended February 14, 2019; § 6-1208(G) amended April 10, 2019; § 6-1208(C) amended April 15, 2020; § 6-1208(K)-(M) amended September 21, 2022.

   (A) Problem-solving courts shall collect and record the data necessary to permit the Administrative Office of the Courts to facilitate outcome and process evaluations. At a minimum, the data to be collected and recorded shall include:

   (1) Information regarding participant census, including numbers of:

   (a) active participants

   (b) total participants served since program's inception

   (c) graduates

   (d) participants terminated

   (2) Participant demographics including, but not limited to:

   (a) age

   (b) race

   (c) ethnicity

   (d) gender

   (3) Participant program compliance, including, but not limited to:

   (a) attendance in treatment

   (b) drug testing

   (c) phase movement

   (d) attendance in other services

   (B) Problem-solving courts shall utilize the statewide case management system as approved by the Administrative Office of the Courts to record its data when such statewide case management system becomes available. Until then, such courts shall, in a timely manner, provide data to the Administrative Office of the Courts as requested.

   (C) Problem-solving courts shall participate fully in any process or outcome evaluation facilitated by the Administrative Office of the Courts.

   (D) Unauthorized disclosure of confidential information regarding participants is prohibited.

   (E) The Court shall reserve the right to allow exemptions to any of the requirements set forth in § 6-1209(A) through (D). Any request for an exemption shall be made to the Court in writing. Exemptions shall be terminated at the discretion of the Court.

§ 6-1209 amended September 21, 2016; § 6-1209(E) amended February 14, 2019.

  (A) Each problem-solving court shall have a written plan setting forth the procedure for the succession of the judge or judges who serve as the problem-solving court judge in the event of the death, disability, retirement, resignation, removal, elevation to another court, or failure to be retained by the judge then serving the court. For all problem-solving courts in existence as of the date of the adoption of this rule, such succession plans shall be submitted to the Supreme Court for approval no later than May 1, 2017. For problem-solving courts implemented after the effective date of this rule, succession plans shall be included as part of the information submitted to the Supreme Court for approval of the problem-solving court under § 6-1207.

   (B) Such plan shall require the successor judge so identified to receive training appropriate to the problem-solving court at the National Judicial College, under programs offered by the National Association of Drug Court Professionals, or equivalent training as approved by the Nebraska Statewide Problem-Solving Court Coordinator.

   (C) The plan shall provide that the training shall take place before the commencement of service of the successor, except in the event of extraordinary circumstances, and with approval of the Supreme Court, the training requirement may be fulfilled after commencement of such service.

   (D) Such succession plan shall be reviewed, amended as necessary to reflect current circumstances, and resubmitted to the Supreme Court every 3 years after May 1, 2017. The succession plan may include such other provisions as each problem-solving court shall deem necessary and appropriate for the continued operation of each court.

§ 6-1210 adopted August 5, 2016; § 6-1210(A) amended May 2, 2017; § 6-1210(A) amended February 14, 2019.

    Substance use evaluations and treatment services for juveniles and adults ordered by the courts of the State of Nebraska, or by judges presiding over non-probation-based programs or services such as a drug court or other similar specialized programs as defined herein, shall comply with the minimum standards established by the Standardized Model for Delivery of Substance Use Services as promulgated by the Nebraska Supreme Court Administrative Office of Probation. Substance use evaluations and treatment services must be obtained through a registered service provider. Substance use evaluations and treatment services that do not conform to the requirements of the Standardized Model for the Delivery of Substance Use Services shall not be accepted by the courts. Nothing in this rule shall preclude an individual from obtaining, at his or her own expense, additional substance use evaluations or treatment referrals which may or may not comply with the minimum standards referred to within the Standardized Model for the Delivery of Substance Use Services.

§ 6-1301 amended July 2, 2014.  

   For purposes of this rule, non-probation-based programs and services shall mean those programs and services defined and authorized by Neb. Rev. Stat. §§ 29-2246(12) and 29-2252(16) which are operating pursuant to an interlocal agreement with the Administrative Office of Probation. 

§ 6-1302 amended July 2, 2014.

   All statements and communications by counsel will be clearly and audibly made from the counsel table. While court is in session, counsel shall not leave their places at the counsel table for a conference at the bench unless permitted by the judge to do so. Counsel shall address witnesses, other counsel, and prospective jurors by their surnames. Counsel shall not comment on answers given by witnesses. Arguments by counsel shall be addressed to the court and not to each other. Counsel shall orally identify themselves on the record in open court.

Rule 1 amended September 1991. Renumbered and codified as § 6-1401, effective July 18, 2008.

   All parties and their attorneys shall be present in the courtroom and prepared to proceed at the hour set for hearing by the court. Unjustified failure to appear shall subject the case to dismissal or disciplinary action to the attorneys concerned. Attorneys shall be attired in ordinary business wear.

§ 6-1402 amended June 9, 2010.

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

   No person shall possess any firearm or other dangerous weapon in the courtroom or in any public area adjacent to it 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.

§ 6-1403 amended June 9, 2010.

   All stipulations and private agreements or understandings of counsel or of parties to a suit, unless made in open court during the proceeding, must be reduced to writing and signed by the parties or counsel for the parties making the same.

§ 6-1404 amended June 9, 2021, effective January 1, 2022.

   (A) All proceedings in county court shall be recorded, and such proceedings shall be preserved as set forth in the County Court Records Retention Schedule. Requests for a transcription of such recording shall be made and paid for as in § 6-1452.

   (B) Except for "restricted hearings," as defined herein, in cases where the county court proceedings have been digitally recorded by the court, any person may request a copy of the audio record of a court proceeding. The request shall be made on a form approved by the State Court Administrator as set out at Appendix 6 and shall contain:

   (1) The case number, case name, date, time and location, and judge of the hearing for which the copy of the recording is sought;

   (2) That portion of the hearing requested;

   (3) Acknowledgment that the recording is not the official court record; and

   (4) Requesting party's agreement that it will comply with all laws regarding privacy of information; and agreement not to publish or disseminate any content that may be protected, including, but not limited to, the information described in §§ 6-1521, 6-1464, and 6-1701.

   (C) A request to limit public access to information in a court recording may be made by any party to a case, an individual identified in the court record, or on the court's own motion. For good cause, the court may limit the manner or extent of public access. In limiting the manner or extent of access, the court will use the least restrictive means that achieves the purposes of these access rules in light of the stated needs of the requestor.

   (D) "Restricted hearings" shall mean any court proceeding that is closed to the public for any reason or any proceeding subject to an order pursuant to § 6-1405(C). Parties, counsel of record, and individuals present and participating in "restricted hearings" may request a copy of the audio record of such restricted hearings. The requesting party shall be required to give notice of the request to all interested parties and advise them of their right to file, with the court within 10 days, an objection to the requested copy. If an objection is filed, the court shall set a hearing giving the objector an opportunity to show cause why the copy should not be provided, or why it should be redacted in some manner.

   (E) Before providing a digital copy of the hearing, court staff shall review the court file of the proceeding subject to the request to determine if any access limitation under § 6-1405(C) has been ordered or is pending. Court staff shall also notify the judge presiding at the hearing which is the subject of the request(s), or the presiding judge of the jurisdiction, of the request for a digital copy.

   (F) The cost of the digital copy shall be paid prior to preparation of the copy. There shall be a $5 charge for each hearing requested if the audio file is directly emailed to the requestor. If the requestor asks to have the court audio downloaded onto a digital storage device, there will be an additional charge of $5 for each digital storage device, which will be provided by the county court.

Rule 5 amended November 10, 2004. Renumbered and codified as § 6-1405, effective July 18, 2008; § 6-1405 amended June 8, 2011; § 6-1405(A) - (F) amended November 23, 2011; § 6-1405(C), (E), and (F) amended June 9, 2021, effective January 1, 2022; § 6-1405(F) amended September 13, 2023.

   (A) Upon motion for withdrawl and notice of all counsel and the client involved, an attorney who has appeared of record in a case may be give a leave to withdraw for good cause shown after filing with the clerk the motion, notice of hearing, and proof of service upon opposing counsel and the client involved. The motion shall certify that that counsel has served the motion on the client and all counsel or self-represented parties, and shall include the client's current mailing address and whether there is a hearing currently scheduled in the matter.

   (B) [Reserved.]

   (C) When an attorney is discharged by his or her client, the attorney shall forthwith file notice thereof in the case and serve all opposing counsel and/or self-represented parties.

Rule 6 amended November 1991. Renumbered and codified as § 6-1406, effective July 18, 2008; § 6-1406 amended June 9, 2021, effective January 1, 2022; § 6-1406 amended November 17, 2021, effective January 1, 2022.

   Before the claim of any attorney appointed by the court is allowed in criminal and juvenile matters, such attorney shall file with the clerk, and serve upon the county attorney, a written application for fees, certified to be true and correct, stating an itemization (for interim application, a general itemization) of the services provided, time expended, and expenses incurred in the case. Counsel shall also state in the application that counsel has not received and has no contract for the payment of any compensation by such defendant or anyone in the defendant's behalf, or, if counsel has received any fee or has a contract for the payment of same, shall disclose the same fully so that the proper credit may be taken on counsel's application. If a hearing is required, the time and date of hearing shall be set by the court and notice given by court order or notice of hearing.

§ 6-1407 amended June 9, 2021, effective January 1, 2022.

   (A) All pleadings filed electronically with the county court shall comply with Neb. Ct. R. of P. § 2-103, (General formatting and service rules), as to page size, text, fonts, margins, and hyperlinking and bookmarks.

   (B) Paper pleadings may only be filed when the self-represented party is not a registered user of the court-authorized service provider. All pleadings filed in paper format shall be on white 8½- by 11-inch paper, printed on only one side of each sheet, and shall be bound by a paper clip and not stapled. Paper pleadings shall comply with all formatting requirements of § 2-103(A), and pages shall be sequentially numbered with placement of the page number at the bottom center of the page. Exhibits attached to pleadings shall be similarly prepared in permanent form, shall be readable, and shall not be subject to unusual fading or deterioration.

   (C) Attorneys: Active status verification. The court’s automated case management system may notify a court clerk that a filing has been received from an attorney who does not have an active license to practice law in Nebraska. Upon receipt of this notice, the clerk shall attempt to verify the attorney’s status as active. If the clerk cannot do so, the clerk shall notify the judge assigned to the case. If no judge has been assigned to the case, the clerk shall notify the presiding judge. See Neb. Rev. Stat. § 7-101.

§ 6-1408 amended May 8, 2013; § 6-1408 amended June 9, 2021, effective January 1, 2022; § 6-1408 amended November 17, 2021, effective January 1, 2022.

   A pleading offered for filing shall plainly show the caption of the case, the description and designation of its contents, and in whose behalf the same is filed. All pleadings subsequent to the pleading initiating the proceeding shall also show the case number.

   (A) For electronically filed cases in a civil action, the court shall provide copies of the inital pleading, together with all exhibits, or shall return the summons to the filing party electronically for attachment of copies for service.

   (B) For cases not filed electronically, upon the initial filing of a civil action, there shall be presented to the clerk clear and legible duplicate copies of each pleading, together with all exhibits, in sufficient number to provide one copy for each adverse party.

   (C) After the filing of the initial pleading, all other pleadings shall be served upon all opposing parties or their counsel pursuant to Neb. Ct. R. Pldg. § 6-1105. Proof of service shall be as provided in § 6-1105(d).

Rule 10 amended September 1991. Renumbered and codified as § 6-1410, effective July 18, 2008; § 6-1410 amended June 8, 2011; § 6-1410 amended June 9, 2021, effective January 1, 2022.

   The name, address, Nebraska attorney identification number, email address, and telephone number of the attorney handling the matter shall be stated on each pleading except for original charging documents in traffic, criminal, and juvenile matters.

Rule 11 adopted November 1990. Renumbered and codified as § 6-1411, effective July 18, 2008. § 6-1411 amended September 24, 2014, effective January 1, 2015; § 6-1411 amended June 9, 2021, effective January 1, 2022.

   (A) Amendments to pleadings may be allowed within the discretion of the court.

   (B) A party who has obtained leave to amend a pleading but fails to do so within the time limit shall be considered as electing to abide by the former pleading.

   (C) A proposed amended pleading that is filed prior to obtaining leave of the court shall have no operative effect until the court grants leave to amend.

§ 6-1412 amended June 9, 2021, effective January 1, 2022.

   (A) In all cases where books, files, records, or parts thereof belonging to or taken from the records of public offices are offered in evidence or are marked for identification to be offered at a pretrial conference, it shall be the duty of the party offering the same to furnish an electronic copy to the court reporting personnel or judge and to opposing counsel. In no event shall an original public record be marked or offered in evidence in a court proceeding.

   (B) All exhibits marked at a pretrial conference for later admission shall be retained by the counsel intending to offer them and counsel shall be responsible for their production at the time of trial. Parties shall retain a copy of all exhibits to be included in a bill of exceptions on appeal. See Neb. Ct. R. App. P. § 2-116(A)(2)(b).

§ 6-1413 amended June 8, 2011; § 6-1413 amended June 9, 2021, effective January 1, 2022.

   Except for criminal cases, juvenile cases, and proceedings in habeas corpus cases wherein a poverty affidavit is filed and approved by the court, costs shall be payable when actions are commenced and thereafter when liability for additional costs accrues. Counsel are responsible to the clerks for costs incurred at their request.

   If a defendant is represented by counsel, the defendant may file a written waiver of the personal right of a preliminary hearing, in compliance with Neb. Rev. Stat. § 29-4206, or may waive the right on the record in the presence of a judge and the defendant’s attorney. Any written waiver should include the date, time, and location of defendant’s next court hearing. If a defendant is not represented by counsel, the personal right of a preliminary hearing may be waived by the defendant on the record only in the presence of a judge and upon waiver of the right to an attorney.

Rule § 6-1415 amended January 17, 2024.

   When any person shall be taken into custody and charged with any misdemeanor, the sheriff or the jailer may admit such person to bail in an amount not in excess of that prescribed by the bond schedule furnished by the judges of that court, conditioned for his or her appearance in this court to answer the offense charged. In unusual cases, the sheriff or jailer may consult a judge of this court about the bond; a judge's verbal order setting such person's bond shall supersede the bond schedule.

   For purposes of these rules, the word "motion" shall include Neb. Ct. R. Pldg. § 6-1112(b) motions and all requests for an order of the court and the word "serve" shall mean service in accordance with Neb. Ct. R. Pldg. §§ 6-1105(b) and 6-1106(e). Motions shall be served not less than 10 days prior to date of hearing.

§ 6-1417 amended May 20, 2010.

   If oral argument is waived or the moving party fails to appear when the motion is set for argument, the motion shall be considered submitted. Failure to appear or serve a memorandum brief will not be considered as a confession of the motion.

   JUSTICE will prepare daily and the clerk review a list of all pending civil and criminal cases in which no action has been taken for at least 6 months prior thereto. The court shall examine the list and, in those cases in which it is deemed proper, shall enter an order to show cause why such cases should not be dismissed for want of prosecution. A written response to the order to show cause must be filed in the action and a copy of the same provided to other counsel and the judges of the courts within 30 days, or said action shall be dismissed.

§ 6-1419 amended June 8, 2011.

   Interrogatories shall be in the format prescribed by Neb. Ct. R. Disc. § 6-333.

   The rules of the district court in the same county shall govern the procedure for pretrial conferences.

   All complaints filed in the county court in criminal matters shall have noted thereon:

   1. The name and address of the defendant;

   2. The offense(s) charged, the statute or ordinance under which said complaint is brought together with the section prescribing the penalty and class of the offense;

   3. The date of birth of the defendant, if available;

   4. The date, time, and location of the offense;

   5. Driver's license number, type of license, and state of issuance, if available;

   6. Commercial motor vehicle license information, if a commercial motor vehicle was involved in the offense;

   7. Victim name only pursuant to Neb. Ct. R. § 6-1466(C);

   8. The time and place the defendant is to appear in court;

   9. The defendant's language need, if the defendant will require an interpreter when he or she appears in court.

§ 6-1422 amended December 13, 2017, effective January 1, 2019.

   In misdemeanor cases, demands for a jury trial must be made within 10 days following entry of a not guilty plea.

   The rules of the district court in the same county shall govern the procedure for instructions to the jury.

   The rules of the district court in the same county shall govern the procedure for arguments to the jury.

   The rules of the district court in the same county shall govern the procedure for identification of exhibits.

   The rules of the district court in the same county shall govern the procedure for exhibits.

   After a judgment in a civil or probate case has become final, the physical exhibit(s) shall be claimed by the party to whom they belong. Any physical exhibit(s) not claimed and withdrawn within 60 days after judgment has become final may be destroyed or otherwise disposed of by the custodian after attorneys of record and self-represented parties appearing in the case have been given written notice by the clerk. Said notice shall be through the court's electronic notice system, or if there is no email address, by ordinary mail, postage prepaid, to the last known address as reflected in the particular file. The notice shall provide the recipient a period of 30 days after the date of said notice within which to claim the exhibit(s) pertaining to said file.

Rule 28 amended September 1991. Renumbered and codified as § 6-1428, effective July 18, 2008; § 6-1428 amended June 9, 2021, effective January 1, 2022.

   Upon the final disposition of a case and after the time for making an appeal has expired, the trial judge may, upon application for motion of the parties or upon the court's own motion, direct the court reporting personnel or the clerk having custody thereof to return to the offering party any physical exhibits and to make a receipt therefore to be filed as a pleading in the case.

§ 6-1429 amended June 9, 2021, effective January 1, 2022.

   A receipt specifying the exhibits withdrawn shall be filed in the case by the party withdrawing them. Exhibits destroyed or otherwise disposed of will be accounted for by a statement prepared and filed by the custodian showing the date such action was taken and the date notice of intention to do so was given to the attorneys of record or self-represented litigants.

§ 6-1430 amended June 9, 2021, effective January 1, 2022.

   Unless upon good cause shown the court in its discretion has ruled otherwise, the prosecuting attorney shall be present at all arraignments in all cases, all bond settings in felony cases, and all first hearings in juvenile cases. No trial of any such case will be conducted without the prosecuting entity being represented by a prosecutor. The court will not act as a prosecutor, nor will any law enforcement representative or any other nonattorney be permitted to act as a prosecutor. In all cases, the prosecuting attorney shall obtain the defendant's criminal history and provide the same to the court and the defendant prior to the setting of any bond or the imposing of any sentence.

Rule 31 amended April 1998. Renumbered and codified as § 6-1431, effective July 18, 2008.

   In cases where the defendant fails to answer, demur, or otherwise plead, the plaintiff may, after the day on which said action shall be set for answer, take default judgment upon a verified petition, affidavits, or sworn testimony establishing a claim. No judgment will be entered on a negotiable instrument unless the original is surrendered for cancellation to the court.

Rule 32 amended September 1987. Renumbered and codified as § 6-1432, effective July 18, 2008.

   (A) In all probate matters, it shall be the duty of the petitioner or applicant for probate of a will or appointment of a personal representative to show in the petition or the application the names, relationship to the subject of the petition or application, and last known post office address of all interested persons. For purposes of subsection (A) of this section, interested persons shall include all those defined under Neb. Rev. Stat. § 30-2209(21). If any interested person is known by the petitioner, applicant, or the attorney for either to be incompetent or a minor, such fact shall be disclosed to the court.

   (B) In all guardianship and/or conservatorship matters, the meaning of interested person may vary from time to time and must be determined according to the particular purposes of and matter involved in any proceeding as follows:

   (1) Prior to appointment and Letters being issued, interested persons are those defined in Neb. Rev. Stat. § 30-2601(10).

   (2)(i) Until December 31, 2020, for all appointments which were made prior to April 1, 2020, after Letters are issued, interested persons are those defined under Neb. Rev. Stat. § 30-2601(10) who have returned the interested party form to the court, any governmental agency paying benefits on behalf of the ward, incapacitated person, protected person, or minor and any person designated by order of the court to be an interested person.

   (ii) For all new appointments made after March 31, 2020, and for all cases after December 31, 2020, this paragraph (ii) shall apply. After Letters are issued, interested persons are those defined under Neb. Rev. Stat. § 30-2601(10); any governmental agency paying benefits on behalf of the ward, incapacitated person, protected person, or minor; and any person designated by order of the court to be an interested person.

   (iii) The court may order that § 6-1433(B)(2)(ii) applies to any case in which the appointment was made prior to April 1, 2020.

    (3) Upon termination or transfer of the guardianship and/or conservatorship for any reason other than death of the ward, incapacitated person, protected person, and/or minor, interested persons shall be the same as subsection (B)(1) above.

    (4) Upon death of a ward, incapacitated person, protected person, and/or minor; interested persons are those defined in Neb. Rev. Stat. § 30-2209(21).

   (5) If the Office of Public Guardian is nominated as the guardian and/or conservator, or if a case is accepted to a waiting list for a guardian and/or conservator as determined by the Office of Public Guardian, the Office of Public Guardian shall be considered an interested person. If the Office of Public Guardian is nominated but not appointed due to lack of capacity by the Office of Public Guardian, or the Office of Public Guardian is nominated but not appointed because the appointment would not comply with the requirements of the Public Guardianship Act, the Office of Public Guardian will no longer be an interested person in the case. If the Office of Public Guardian is an interested person only because the case has been placed on a Public Guardian waiting list, the Office of Public Guardian will receive notices, orders, and annual reports, but the appearance of the Office of Public Guardian will not be required at hearings, unless the hearing is to appoint the Office of Public Guardian.

   (C) In all guardianship and/or conservatorship matters, it shall be the duty of the petitioner or applicant for a guardian or conservator to show in the petition or the application, in addition to what is required by Neb. Rev. Stat. §§ 30-2619 and 30-2633:

   (1) The names of the interested persons as set forth in the above subsection (B)(1), their addresses if known, and their relationship to the subject of the petition or application;

   (2) Any other court having jurisdiction over the ward or minor listing the caption of the case, case number, and type of proceeding;

   (3) If the case involves a minor, if reasonably ascertainable, the minor’s present address or whereabouts, the places where the minor has lived during the last 5 years, and the names and present addresses of the persons with whom the child has lived during that period.

   (4) Whether the minor is subject to the Indian Child Welfare Act;

   (5) The number of cases, if any, in which the person or entity being nominated is acting as guardian and/or conservator for other wards or protected persons at the time of the nomination;

   (6) Whether the ward has a Power of Attorney. If so, the Power of Attorney shall be filed with the petition as a confidential document if available;

   (7) Whether the ward has a Health Care Power of Attorney and/or a Declaration relating to use of life-sustaining treatment (Living Will). If so, the documents shall be filed with the petition as a confidential document, if available;

   (8) If any interested person is known by the petitioner, applicant, or the attorney for either to be incompetent or a minor, such fact shall be disclosed to the court;

   (9) If the petition or application nominates the Public Guardian, it shall state that due diligence was used to identify a guardian and/or conservator and the methods employed and that in spite of such efforts, the Public Guardian is the last resort.

   (D) It shall be the duty of a guardian or conservator to:

   (1) send a waiver of notice form to all interested persons at the time of mailing the initial inventory as set forth above in subsection (B)(1);

   (2) send all annual accountings, all inventories, all notices of newly discovered assets, and all annual report of guardian reports filed with the court to all interested persons as set forth above in subsection (B)(2), unless waived by the court for good cause shown (personal and financial information forms are not to be sent to interested persons; bank statements, brokerage statements, and Office of Public Guardian individual ledgers are not to be sent to any interested persons unless otherwise ordered by the court, which mailing may be requested by an interested person); 

   (3) send a notice of right to object form with all inventories, notices of newly discovered assets, annual accountings, and annual report of guardian reports that are sent to interested persons as set forth above in subsection (B)(1) and (B)(2);

   (4) notify the court of the change of address of the ward or protected person within 10 days of the change and send notice to all interested persons as set forth above in subsection (B)(2) unless waived by the court for good cause shown; and

   (5) notify the court of the ward or protected person’s death within 10 days and send notice to all interested persons as set forth above in subsection (B)(4).

   (E) All courts shall:

   (1) ensure that all interested persons are on the certificate of mailing for inventories, annual accounting, annual report of guardian reports, and motions that are filed with the court. If all interested persons are not on the certificate of mailing, the court shall issue a Notice of Need for Corrective Action(s) form and send it to the person who filed the document(s) to correct the certificate of mailing and send the document to all interested persons; and

   (2) send out reminders to guardians and conservators indicating annual filing deadlines 45 days prior to the annual filing due date.

   (F) If a waiver of notice form is filed with the court, then the following items need not be sent on an annual basis to the person who filed the waiver of notice form.

   (1) Annual Report of Guardian including any accounting and associated documents;

   (2) Annual Report of Conservator including any accounting and associated documents;

   (3) Application for Approval of Fees;

   (4) Application for Approval of Accounting; and

   (5) Orders and Notices of Hearing on any of the above filings.

   (G) If a waiver of notice form is filed with the court, then any filings, other than those listed in subsection (F), shall be sent to the person who filed the waiver of notice form. This specifically includes, but is not limited to, any petition to change the guardian or conservator, assumption by a standby guardian, final accounting of a guardian or a conservator, request for discharge of a guardian or a conservator, and request for exoneration of a bond or for a change in the amount of the bond.

§ 6-1433 amended August 31, 2011, effective January 1, 2012; § 6-1433(B)(5) amended May 23, 2013, effective September 1, 2013; § 6-1433(C)(2) amended August 28, 2013, effective September 1, 2013; § 6-1443(A) and (A)(1) amended April 16, 2014, effective July 1, 2014; § 6-1433(A)-(E) amended September 10, 2015; § 6-1433(B), (D)-(G) amended November 13, 2019, effective April 1, 2020.

   (A) The individual filing the petition/application to appoint the Public Guardian shall provide notice of the nomination to the Office of Public Guardian. Notice shall be given on a separate form approved by the State Court Administrator’s Office.

   (B) Upon receiving notice of nomination, the Office of Public Guardian shall file with the court, within 14 days: (1) an acknowledgment of nomination and (2) verification of caseload capacity subject to statutory requirements of the Public Guardianship Act.

   (C) If the Office of Public Guardian is unable to accept the nomination due to its caseload capacity status, good cause shall be presumed to exist to deny its appointment. The appearance of the Office of Public Guardian shall no longer be required.

   (D) The court shall appoint a visitor consistent with Neb. Rev. Stat. § 30-2619.01, or a guardian ad litem pursuant to Neb. Rev. Stat. § 30-2222(4), within 10 judicial days of the filing of acknowledgment and caseload capacity verification by the Office of Public Guardian if the verification shows the Office of Public Guardian has capacity to take the case. If the acknowledgment and caseload capacity verification shows the Office of Public Guardian does not have capacity to take the case, the court may request the case be placed on the Office of Public Guardian waiting list. If the court requests the case be placed on the Office of Public Guardian waiting list, the court shall appoint a visitor consistent with Neb. Rev. Stat. § 30-2619.01, or a guardian ad litem pursuant to Neb. Rev. Stat. § 30-2222(4), within 10 judicial days of the request to place the case on the Office of Public Guardian waiting list.

   (E) The visitor or guardian ad litem report shall comply with Neb. Rev. Stat. § 30-2619.03, and to assist the Office of Public Guardian fulfill its duties mandated by the Public Guardianship Act, the report will include a standard form approved by the State Court Administrator’s Office to include information required by Neb. Rev. Stat. § 30-2619.01.

   (F) The Office of Public Guardian shall have 10 judicial days to file responses to the visitor or guardian ad litem report.

   (G) Once the Office of Public Guardian receives the visitor report, it shall file another verification of caseload capacity within five judicial days. If the visitor or guardian ad litem report shows that there is no one other than the Office of Public Guardian to serve as guardian and/or conservator and if the Office of Public Guardian has capacity to take the case, then the Office of Public Guardian shall not accept any additional appointments which would in the interim cause its capacity to be exceeded before final determination is made by the court as to its appointment.

   (H) Unless otherwise ordered by the court, hearing on the petition for appointment of the Office of Public Guardian shall not take place less than 60 days but no more than 90 days from the filing of nomination.

   (I) In addition to the statutory requirements, in the order to appoint the Office of Public Guardian as a guardian or conservator, the order of appointment shall also provide:

   (1) Proper notice has been given to the Office of Public Guardian;

   (2) The petitioner has acted in good faith and due diligence to identify a guardian or conservator who would serve in the best interest of the alleged incapacitated person;

   (3) The appointment of the Office of Public Guardian is necessary and does not exceed the caseload limitations as set forth by statute;

   (4) That the visitor or guardian ad litem report has provided supporting evidence that no person is available for appointment as guardian or conservator, all options available to support the individual in the least restrictive manner possible has been explored, and guardianship is a last resort; and

   (5) There is no other alternative than to appoint the Office of Public Guardian.

   (J) When the Office of Public Guardian has no available caseload capacity to assume the duties of guardian and conservator at the time of the appointment, the court may order that the case be placed on the waiting list, as provided by the Office of Public Guardian, if the court finds:

   (1) Proper notice was given to the Office of Public Guardian;

   (2) The petitioner has acted in good faith and due diligence to identify a guardian or conservator who would serve in the best interest of the alleged incapacitated person;

   (3) The appointment of the Office of Public Guardian would be necessary, but that no current caseload capacity exists to serve the individual by the Office of Public Guardian, as set forth by statute; and

   (4) That the visitor or guardian ad litem report as outlined in these procedures has been completed and supports the appointment of the Office of Public Guardian, but for the lack of capacity by the Office of Public Guardian, all options available to support the individual in the least restrictive manner possible has been explored, and the guardianship is a last resort.

§ 6-1433.01 adopted September 10, 2015.

   (A) If the Office of Public Guardian is nominated as the guardian and/or conservator, the Office of Public Guardian shall be considered an interested person.

   (B) No bond shall be required of the Office of Public Guardian.

   (C) If the Office of Public Guardian is appointed guardian and/or conservator, payments to the Office of Public Guardian will be allowed as per the established sliding fee scale as approved by the Court.

   (D) If the Office of Public Guardian is appointed guardian and/or conservator, the Office of Public Guardian shall be required to file a budget with the initial inventory. This shall be for informational purposes only. Neb. Ct. R. § 6-1442.01 shall not apply to the Office of Public Guardian. The Office of Public Guardian shall be required to file an annual accounting even if a budget has been provided.

   (E) The Office of Public Guardian is prohibited from making ATM withdrawals or receiving cash back on debit transactions, and this shall be reflected on the Letters.

   (F) If the Office of Public Guardian is nominated as the initial or successor guardian or conservator, the court shall appoint a visitor and/or guardian ad litem, consistent with Neb. Rev. Stat. § 30-2619.01, or a guardian ad litem pursuant to Neb. Rev. Stat. § 30-2222(4), to ensure the necessity of the guardianship and/or conservatorship, whether there is an appropriate private guardian and/or private conservator to serve in the case and to determine the appropriate limitations within the guardianship and/or conservatorship.

   (1) If the acknowledgment of nomination and caseload capacity verification filed by the Office of Public Guardian indicates the Office of Public Guardian has caseload capacity to take the case, the appointment of a visitor and/or guardian ad litem will occur within 10 judicial days of the court receiving the acknowledgment.

   (2) If the acknowledgment and caseload capacity verification filed by the Office of Public Guardian indicates the Office of Public Guardian does not have caseload capacity to take the case, the court may request the case be placed on the Public Guardian waiting list. If the court requests the case be placed on the Office of Public Guardian's waiting list, the court shall appoint a visitor and/or guardian ad litem within 10 judicial days of the court's waiting list request.

   (G) The court may appoint the Office of Public Guardian on a temporary basis if an emergency exists until an evidentiary hearing can be held. The court shall appoint a visitor and/or guardian ad litem as provided in subsection (F) above within 10 days of signing the temporary Order.

   (H) An appointed visitor and/or guardian ad litem is to conduct an evaluation of the allegations of incapacity and whether there is an appropriate private guardian and/or private conservator to serve in the case. The visitor or guardian ad litem shall provide a written report to the court, on a form approved by the State Court Administrator's Office, and allow for the filing of responses to the report in accordance with Neb. Rev. Stat. §§ 30-2619 through 30-2619.04.

   (I) The court should consider utilizing a multi-disciplinary screening to determine diminished capacity. The multi-disciplinary screening shall include, but is not limited to, the individual's: (1) medical condition; (2) cognitive functioning; (3) daily living functional abilities; (4) consistency of functioning with his/her values, preferences, and lifetime patterns; (5) risk of harm in the context of his/her social and environmental supports; and (6) means to enhance capacity through accommodations and effective communication techniques. This screening may be done by a trained visitor or trained guardian ad litem that is appointed by the court.

   (J) The Office of Public Guardian may file a motion to make more definite and certain a statement of functional limitation (§ 30-2619) regarding the determination of necessity to ascertain whether any alternative to public guardianship or conservatorship exists.

§ 6-1433.02 adopted September 10, 2015.

   The Office of Public Guardian may utilize an organizational collective account at a bank for individuals for whom the Office of Public Guardian has been appointed as guardian and/or conservator.

   (A) When an organizational collective account is utilized by the Office of Public Guardian, the account shall:

   (1) be appropriately titled to represent that the Office of Public Guardian holds the account in a fiduciary capacity on behalf of wards, incapacitated persons, protected persons, and/or minors who own the funds, but who shall have no access to the account;

   (2) hold only the funds of wards, incapacitated persons, protected persons, and/or minors, which funds shall not be commingled with any other Office of Public Guardian funds and shall be separate and distinct from any other Office of Public Guardian accounts.

   (B) The interest earned on an organizational collective account shall be credited pro rata, net of pro rata bank fees and account costs, to the ward's, incapacitated person's, protected person's, and/or minor's individual ledger.

   (C) When an organizational collective account is utilized, the Office of Public Guardian shall develop financial policies and procedures to include:

   (1) an individual ledger for each ward, incapacitated person, protected person, and/or minor for which the Public Guardian holds funds. This ledger shall:

   (a) give the name of the ward, incapacitated person, protected person, and/or minor,

   (b) detail all money received and paid out on behalf of the ward, incapacitated person, protected person, and/or minor, and

   (c) show the ward's, incapacitated person's, protected person's, and/or minor's balance following every receipt or payment;

   (2) disbursements from the ward's, incapacitated person's, protected person's, and/or minor's individual ledger shall not exceed the funds received from, or on behalf of, that individual;

   (3) documentation comparing, and reconciling if necessary, the monthly prospective budget of the ward, incapacitated person, protected person, and/or minor, managed by the Associate Public Guardian, to the individual ledger of the actual monthly expenditures administrated by the business manager and disbursed from the ward's, incapacitated person's, protected person's, and/or minor's funds, which shall be attached to the annual report for the ward, incapacitated person, protected person, and/or minor;

   (4) the business manager will complete the certificate of proof of possession form certifying the balance on deposit, in accordance with the organizational collective account individual ledger for the ward, incapacitated person, protected person, and/or minor; the certified balance on deposit shall be verified by the documentation in (C)(3); and

   (5) the account shall be tracked electronically through a case management software accounting system maintained by the Office of Public Guardian. The software system shall be able to produce all financial reporting in a form that can be reproduced in printed hard copy for annual reporting to the court.

   (D) When an organizational collective account is utilized by the Office of Public Guardian, job functions within the Office of Public Guardian shall be structured to require segregation of duties relating to the handling of account funds.

   (E) The use of the organizational collective account, in accordance with the provisions of this section, shall not be deemed as a violation of Neb. Ct. R. of Prof. Cond. § 3-501.15.

§ 6-1433.03 adopted June 15, 2016.

   (A) The Office of Public Guardian shall perform periodic audits of financial records to ensure funds are not used for the benefit of someone other than the wards, and loans of any type are not made from the ward’s, incapacitated person’s, protected person’s, and/or minor’s funds. In addition, the business manager shall periodically review receipt/disbursement reports in the Office of Public Guardian case management software accounting system and investigate any unusual transactions.

   (B) The State Court Administrator, with the assistance of the Office of Public Guardian Advisory Council when requested, will review the Office of Public Guardian organizational collective account annually, and may require an external audit of the Office of Public Guardian client financial records, at any time, but at least once every 3 years.

§ 6-1433.04 adopted June 15, 2016.

   In matters of decedents' estates, if the surviving spouse is not the parent of all the children of the deceased, such fact shall be stated in the petition or application filed at the commencement of the proceeding.

   If the person nominated as personal representative, guardian, or conservator is indebted to the estate or is a creditor of the estate, it shall be his or her duty and the duty of his or her attorney to so inform the court in writing before the appointment is made.

   Probate matters shall be presented to the judge for action at the time fixed by the order for hearing. In all cases where the matter is not heard at the time fixed by the original order or by an order of continuance, and it is desired to have the matter continued to a specific time rather than from day to day as a matter of law pursuant to statute, a written order of continuance shall be prepared by the attorney, presented to the court, and filed at the time the continuance is obtained.

   (A) Personal Representatives; Individual Claims. No personal representative who has individual claims of his or her own which arose against the decedent prior to the death of the decedent shall pay the claims in excess of an aggregate amount of $500 without first specifically informing the court of his or her adverse interest and obtaining the approval of the court.

   (B) Guardian or Conservator; Individual Claims. No guardian or conservator who has individual claims of his or her own (other than compensation governed by § 6-1443) against the estate of the ward or protected person shall pay the claims which aggregate in excess of $500 without first specifically informing the court of his or her adverse interest and obtaining the approval of the court.

   (C) Unless otherwise ordered by the court, the attorney for the guardian or the conservator may be paid reasonable fees from the estate up to $1,000 per year without prior court order.

   (1) No guardian or conservator shall pay legal fees to himself or herself without prior court order.

   (2) All attorney fees paid under subsection (C) remain subject to review by the court.

   (D) Form of Order. Any order entered pursuant to this section shall provide that any person aggrieved by payment of the claim may petition the court for a formal review of the claim or payment.

Rule 37 amended September 1987. Renumbered and codified as § 6-1437, effective July 18, 2008; § 6-1437 amended November 13, 2019, effective April 1, 2020.

   In all probate matters where an interlocutory or final report is filed, or an account of administration to distributees is made in closing an estate by a sworn statement, or a schedule of distribution is filed with the court and any such document reports payment of any fee paid or to be paid to a personal representative, guardian, conservator, or attorney, the document must specify whether the fee was by agreement of the parties or was fixed by the court.

   (A) Where the amount of a personal representative's, guardian's, or conservator's bond has been fixed on the basis of known or anticipated assets only, and there is a subsequent material increase in the value of the assets or an increase is anticipated, the judge shall be promptly informed of such fact and an adequate bond to cover the increased responsibility of the personal representative, guardian, or conservator shall be furnished and filed if required by the judge.

   (B) All initial inventories shall be reviewed by the judge prior to Letters being issued to determine if a bond needs to be set or if the previously set bond is adequate. If the judge finds the bond should be changed, the matter shall be set for hearing unless the hearing on the bond is waived by all interested persons present at the time the guardian or conservator is appointed.

   (C) Every updated inventory filed with an accounting and every notice of newly discovered asset form filed with the court shall be reviewed by a clerk magistrate, probate supervisor, court staff, or guardian ad litem, if one is appointed, or by an independent third party approved by the State Court Administrator's Office, if available, to determine whether the bond previously set is adequate pursuant to Neb. Rev. Stat. § 30-2640 and § 6-1441. If there is a concern that the bond previously set is not adequate, the matter shall be set for hearing before the court with notice to all interested persons.

   For purposes of this paragraph, interested persons shall include all those defined in § 6-1433(B)(2).

Rule 39 amended June 1988. Renumbered and codified as § 6-1439, effective July 18, 2008; § 6-1439 amended August 31, 2011, effective January 1, 2012; § 6-1439 amended September 10, 2015.

   Where a personal bond is tendered by fiduciary, it shall be accompanied by a justification of surety, which shall include the description (exact, if possible) of the property of the surety, the names of joint owners if any, its value above encumbrances and exemptions, and whether a homestead or not, and if signed by a married woman, the bond must include a "married woman" clause. Whenever any individual is offered as surety on any bond, the court may in its discretion require that the surety make justification in compliance with Neb. Rev. Stat. § 25-2223.

   In all guardianship/conservatorship cases, the court shall order that an approved corporate surety bond be filed in estates with a net value of more than $10,000. The bond shall be in an amount of the aggregate capital value of the personal property of the estate in the guardian/conservator's control plus 1 year's estimated income from all sources minus the value of securities and other assets deposited under arrangements requiring an order of the court for their removal. The court, in lieu of sureties on a bond, may accept other security for the performance of the bond, including a pledge of securities or a mortgage of land owned by the conservator/guardian. This bond shall be reviewed by the court periodically and adjusted to reflect any increase as set out in § 6-1439.

   The court may eliminate the requirement of bond or decrease or increase the required amount of any such bond previously furnished for good cause shown.

   The court shall not require a bond if the protected person executed a written, valid power of attorney that specifically nominates a guardian or conservator and specifically does not require a bond.

   The court shall consider as one of the factors of good cause, when determining whether a bond should be required and the amount thereof, the protected person's choice of any attorney in fact or alternative attorney in fact.

   No bond shall be required of the Office of Public Guardian or any financial institution, as that term is defined in Neb. Rev. Stat. § 8-101(12), or any officer, director, employee, or agent of the financial institution serving as a conservator, or any trust company serving as a conservator.

Rule 41 amended May 1990. Renumbered and codified as § 6-1441, effective July 18, 2008; § 6-1441 amended August 31, 2011, effective January 1, 2012; § 6-1441 amended September 10, 2015.

   (A) Within 30 days after appointment, every guardian or conservator, except a guardian appointed by a juvenile court pursuant to the Nebraska Juvenile Code, shall prepare and file with the court a complete inventory of the estate of the protected person pursuant to Neb. Rev. Stat. §§ 30-2647 and 30-2628, together with his or her oath or affirmation that it is complete and accurate as far as he or she is informed. The initial inventory shall be sent to all interested persons with a notice of right to object form, waiver of notice form, and certificate of mailing showing copies were sent to all interested persons by first-class mail. If an inventory is not filed within 30 days after the date it is due, the court shall issue an order to show cause why the guardian or conservator should not be removed and shall set the same for hearing. For purposes of this paragraph, interested persons is defined under Neb. Rev. Stat. § 30-2601(10).

   (B) Unless waived for good cause shown or otherwise ordered by the court, every conservator or guardian that has control of the ward's estate shall, not later than 30 days after the expiration of 1 year after Orders of Appointment are entered and annually thereafter, file with the court an accounting of his or her administration, except for the Office of Public Guardian which will provide documentation as required in § 6-1433.03, along with the required fee and a certificate of mailing showing that copies and a notice of right to object form were sent to all interested persons, including the bonding company by first-class mail postage prepaid. The accounting shall include an updated inventory. Bank statements and brokerage reports or statements shall be submitted to the court with all accountings unless waived by the court for good cause shown, except for the Office of Public Guardian which will provide documentation as required in § 6-1433.03. For purposes of this paragraph, interested persons shall include all those defined in § 6-1433(B)(2). Unless ordered by the court, a conservator or guardian shall not mail bank statements, brokerage statements, or Office of Public Guardian individual ledgers to interested persons.

   (C) Guardians who do not have control of the ward's estate are not required to file with the court an updated inventory, annual accounting, bank statements, brokerage statements, Office of Public Guardian individual ledgers, or any certificates of possession, but must file a certificate of mailing showing that copies of the guardian's annual report and a notice of right to object form were sent to all interested persons by first-class mail postage prepaid every year unless waived by the court for good cause shown. For purposes of this paragraph, interested persons shall include all those defined in § 6-1433(B)(2).

   (D) A conservator who has restricted accounts shall file with the court a proof of restricted account form within 10 days of being appointed.

   (E) A notice of newly discovered asset form is required to be filed with the court within 30 days after the guardian or conservator becomes aware of additional assets, gifts, awards, settlements, or inheritances over $500 not disclosed in the current inventory along with a certificate of mailing showing that copies and a notice of right to object form were sent to all interested persons, including the bonding company, by first-class mail postage prepaid. For purposes of this paragraph, interested persons shall include all those defined in § 6-1433(B)(2).

   (F) The court shall monitor all cases in which annual accountings are required to see that the accountings are filed in a timely manner. If an accounting is not filed within 30 days after the date it is due, the court shall issue an order to show cause why the guardian/conservator should not be removed and shall set the same for hearing.

   (G) All accountings, inventories, annual budget reports, and annual report of guardian reports filed with the court shall be reviewed by a clerk magistrate, probate supervisor, court staff, or guardian ad litem, if one is appointed, or by an independent third party approved by the State Court Administrator's Office, if available, unless waived by the court. If there is a problem and/or concern with the report, the matter may be set for hearing before the court with notice to all interested persons. For purposes of this paragraph, interested persons shall include all those defined in § 6-1433(B)(2). 

   (H) The court shall schedule a formal due process hearing to approve the accounting upon (1) a petition requesting approval by the guardian/conservator, (2) the request or objection of any interested person, or (3) the court's own motion. Notice of such hearing must be given to all interested persons. The protected person's interest shall be safeguarded as provided in the filing of the original petition (see Neb. Rev. Stat. § 30-2636). For purposes of this paragraph, interested persons shall include all those defined in § 6-1433(B)(2). 

Rule 42 amended June 1988. Renumbered and codified as § 6-1442, effective July 18, 2008; § 6-1442 amended August 31, 2011, effective January 1, 2012; § 6-1442(A) amended October 17, 2012; § 6-1442(A)-(C) and (G) amended May 23, 2013, effective September 1, 2013; § 6-1442(A) and (B) amended August 28, 2013, effective September 1, 2013; § 6-1442 amended September 10, 2015; § 6-1442(B) amended June 15, 2016; § 6-1442(A)-(C) and (G) amended November 13, 2019, effective April 1, 2020.

   (A) A guardian or conservator or a nominated guardian or conservator may request the court to allow the guardian and/or conservator to file an annual budget summarizing the receipts and disbursements expected to be expended for the budget year. The court may in its order approving the budget authorize a variance of up to 10 percent over the original budgeted amounts approved in the order.

   (B) If authorized by the court, the budget may allow for payments to the guardian and/or conservator for items such as rent, room and board, and guardian and/or conservator fees. Effectively, this is a preapproval of these payments, and payments up to the amounts approved are authorized. Anything above the budget amounts (subject to subsection (A)) remains subject to § 6-1437(B).

   (C) At the end of the annual reporting period unless otherwise ordered by the court, the guardian and/or conservator shall file a report summarizing the payments made under the budget listing any payments beyond the budget, a copy of the last bank statement, except for the Office of Public Guardian which will provide documentation as required in § 6-1433.03, and an inventory at the end of the year and may request a budget for the next year. These documents (except for the bank statement and the Office of Public Guardian individual ledger, which are not mailed to interested persons except as ordered by the court,) shall be sent to all interested persons unless waived by the court for good cause shown. For purposes of this paragraph, interested persons shall include all those defined in § 6-1433(B)(2). 

   (D) Court authorization under this section shall be made at a hearing after notice to all interested persons. However, if the waiver of notice and hearing is signed by all interested persons, the court may enter the order without further notice and without further hearing. For purposes of this paragraph, interested persons shall include all those defined in § 6-1433(B)(2). 

   (E) If a budget has been approved, the guardian or conservator shall not be required to file an annual accounting unless otherwise ordered by the court.

   (F) If the court authorizes ATM withdrawals or cash back on a debit transactions as part of an approved budget, the Letters of the guardian and/or conservator shall be so modified.

   (G) If additional assets are received during the year for which notice to the court is required under these rules, the court may review the budget during the year and the bond.

§ 6-1442.01 adopted May 23, 2013, effective September 1, 2013; § 6-1442.01(C) and (D) amended September 10, 2015; § 6-1442.01(C) amended June 15, 2016; § 6-1442.01(A)-(C) amended November 13, 2019, effective April 1, 2020.

   A guardian or nominated guardian may apply to the court for an order that provides that the guardian shall have no authority over the estate of the ward.

   (A) If that order is obtained, then the guardian shall have no authority over the estate of the ward which restrictions shall be included on the Letters issued.  If the guardian becomes a representative payee, the guardian shall notify the court and interested persons within 10 days of receiving notice of becoming a representative payee and shall apply to the court to have the guardian's Letters appropriately modified. The guardian shall file an initial inventory and shall remain subject to the requirement of §§ 6-1442(E) and 6-1433. For purposes of this paragraph, interested persons shall include all those defined in § 6-1433(B)(2). 

   (B) If the guardian becomes the representative payee or has control of other assets of the ward, the guardian shall file an accounting with the court and comply with § 6-1442(B).

§ 6-1442.02 adopted May 23, 2013, effective September 1, 2013; § 6-1442.02 amended September 10, 2015; § 6-1442.02 amended November 13, 2019, effective April 1, 2020.

   (A) Prior to being issued Letters, the guardian or conservator shall file an acceptance and the following with the court unless waived by the court for good cause shown:

   (1) address information form, general information form, inventory with an affidavit of due diligence, personal and financial information form, and a bond if required; and

   (2) financial institution receipt of orders form showing that the order appointing him or her as guardian or conservator was provided to each financial institution in which the ward, protected person, or minor has an account/assets.

   (B) After the guardian or conservator has been issued Letters, the guardian or conservator shall file with the court a financial institution receipt of letters form showing that Letters have been provided to each financial institution in which the ward, protected person, or minor has an account/assets. This form shall be filed with the court within 30 days of the Letters being issued. Failure to file the form shall result in suspension of authority.

   (C) Language expressly limiting powers shall be included on all Letters of guardian/conservator in the following language: “Except as proved in §6-1437, you shall not pay yourself or your attorney compensation from the assets or income of your ward, nor sell real property of the estate, without first obtaining an order therefor, after an application, notice to the interested persons, and hearing thereon. The order may be entered ex parte if all interested persons have waived notice of hearing or have executed their written consent to the fee.”

   At the same time the annual accounting is filed with the court, the guardian/conservator shall file with the court an application for payment of the previous year’s fees to the attorney and to the guardian/conservator. The specific amount of the fees requested shall be set out in the application.

   (D) The filing requirements of the guardian/conservator shall be included on all Letters of guardianship/conservatorship.

   The language on the Letters should be as follows for a conservatorship:

You are further directed to file a complete accounting of your administration of this estate, along with the required fee, notice of right to object form, and a certificate of mailing showing copies were sent to all interested persons, including the bonding company, by first-class mail, postage prepaid, not later than 1 year and 30 days after the date of appointment and annually thereafter. The accounting shall include an updated inventory at the end of the accounting period and shall, if ordered by the court, include certificates of proof of possession for all intangible personal property existing at the end of the accounting period.

   For a guardianship:

You are further directed to file an annual report of guardian report, a complete accounting of your administration of  this estate, if you have possession of the estate or are representative payee, along with the required fee, notice of right to object form, and a certificate of mailing showing copies were sent to all interested persons, including the bonding company, by first-class mail, postage prepaid, not later than 1 year and 30 days after the date of appointment and annually thereafter. If you are filing an accounting, the accounting shall include an updated inventory at the end of the accounting period and shall, if ordered by the court, include certificates of proof of possession for all intangible personal property existing at the end of the accounting period.

   For a guardianship and conservatorship:

You are further directed to file an annual report of guardian report and a complete accounting of your administration of this estate, along with the required fee, notice of right to object form, and a certificate of mailing showing copies were sent to all interested persons, including the bonding company, by first-class mail, postage prepaid, not later than 1 year and 30 days after the date of appointment and annually thereafter. The accounting shall include an updated inventory at the end of the accounting period and shall, if ordered by the court, include certificates of proof of possession for all intangible personal property existing at the end of the accounting period.

   (E) Guardians/Conservators shall not make ATM withdrawals or receive cash back on a debit transaction on a ward’s or protected person’s bank account without first receiving a court order to do so. The following language shall be included on all Letters:

No cash withdrawals or cash back without court order. The Office of Public Guardian is prohibited from making cash withdrawals or receiving cash back.

   (F) The court shall order guardians/conservators to file Letters with the Register of Deeds in any county where the ward has real property or an interest in real property. The following language shall be included on all Letters:

Guardians/conservators shall file Letters with the Register of Deeds in any county where the ward has real property or an interest in real property, wherever located, within a reasonable time.

Rule 43 amended November 1988. Renumbered and codified as § 6-1443, effective July 18, 2008; § 6-1443 amended August 31, 2011, effective January 1, 2012; § 6-1443(A) amended May 23, 2013, effective September 1, 2013; § 6-1443(D) amended August 28, 2013, effective September 1, 2013; § 6-1443(A), (B), (D), and (E) amended September 10, 2015; § 6-1443 amended November 13, 2019, effective April 1, 2020.

   (A) If a nominated Standby Guardian is listed in a petition, the Standby Guardian shall complete all background checks as required by Neb. Rev. Stat. § 30-2602.02 and Neb. Ct. R. § 6-1449 prior to being appointed unless waived by the court for good cause shown.

   (B) When the Standby Guardian seeks to act as guardian for the ward or incapacitated person due to the death, unwillingness or inability to act, or resignation or removal of the guardian, before Letters will be issued, the Standby Guardian must do the following:

   (1) Complete a Standby Guardian Assumption of Guardianship Authority notification form and Acceptance and file it with the court within 10 days of any of the event(s) occurring in subsection (2). The Standby Guardian shall file a certificate of mailing with the court showing that copies of the Standby Guardian notification form, Acceptance, and a Notice of Right to Object form were sent to all interested persons, including the bonding company, if any, by first-class mail postage prepaid.

   (2) Complete all background checks as required by Neb. Rev. Stat. § 30-2602.02 and Neb. Ct. R. § 6-1449 and file them with the court, unless waived by the court for good cause shown.

   (3) File within 30 days of the filing of the Standby Guardian Assumption of Guardianship Authority notification form and Acceptance:

   (i) general information form

   (ii) address information form

   (iii) personal and financial information form

   (4) File an Inventory, Affidavit of Due Diligence, and Certificate of Mailing with the court showing that copies of the Inventory and a Notice of Right to Object form were sent to all interested persons, including the bonding company, if any, by first-class mail postage prepaid within 30 days of the filing of the Standby Guardian Assumption of Guardianship Authority.

   (5) File a Financial Institution Receipt of Letters Form. This form shall be filed with the court within 30 days of the Letters being issued.

   (C) The court shall review the inventory and background checks filed by the Standby Guardian. The court shall determine if a bond is necessary and shall so indicate in an Order, and Letters shall issue after the bond is posted, if required. The court may in its discretion set the matter for hearing with notice to all interested parties.

   (D) The Standby Guardian shall complete training within 90 days of receiving his or her Letters.

§ 6-1443.01 adopted September 10, 2015; § 6-14430.01(B) amended November 13, 2019, effective April 1, 2020.

   When the court is informed that a ward, protected person, and/or incapacitated person’s best interest would be served by transferring a guardianship and/or conservatorship case to another county within the State of Nebraska having concurrent jurisdiction pursuant to Neb. Rev. Stat. §§ 30-2212, 30-2615, and 30-2629, the following procedures shall apply:

   (A) No transfer to another county may be made without a hearing and notice to all interested persons.

   (B) A motion for intrastate transfer shall be filed and set forth with specificity the basis upon which a transfer would serve the best interest of the ward, protected person, and/or incapacitated person.

   (C) The movant shall send the motion and a notice of the hearing to all interested persons along with a Notice of Right to Object Form.

   (D) After a hearing, the court of original jurisdiction shall make findings of fact setting forth how the best interest of the ward, protected person, and/or incapacitated person are met by way of transfer.

   (E) If the transferring court finds venue exists in the successor court and good cause is found to transfer, the court shall enter a provisional transfer of jurisdiction order.

   (F) The provisional transfer of jurisdiction order shall be sent to the presiding judge of the successor court. Thereafter the successor court shall have 14 days to either accept the transfer or deny the same, for lack of venue only, by written order. The acceptance or denial order shall be filed in the court records of the original jurisdiction court.

   (G) If an acceptance of transfer is filed, the original jurisdiction court shall enter an order of intrastate transfer.

   (H) The original court file shall be electronically transferred to the successor court, and the paper or microfilmed records shall be permanently maintained in the originating court.

   (I) The successor court shall maintain electronically certified copies of the transferred court file of all transferred cases. For purposes of certification, electronic documents shall be considered original documents.

   (J) All exhibits shall be sent to the successor court.

   (K) The original jurisdiction court shall maintain certified copies of all exhibits sent to the successor court at the time of transfer.

   (L) The successor court shall schedule a status review hearing within 30 days of transfer giving all interested persons notice of the new docket and page number, court address, and judge assigned to the case.

   (M) The successor court shall enter an order acknowledging receipt of the transferred case within the records of its own court with a certified copy sent to the transferring original jurisdiction court for completion of the intrastate transfer. The original jurisdiction court shall no longer retain jurisdiction of the proceedings once the successor court’s acknowledgment of jurisdiction has been docketed.

   (N) If the original court and proposed successor court fail to agree on transfer, the presiding judges of each court judicial district shall consult and resolve the manner in which the case shall thereafter proceed.

   (O) Until the case is accepted by the successor court, all proceedings shall remain in the court in which the proceedings were originally commenced.

§ 6-1443.02 adopted September 10, 2015; § 6-1443.02(D)-(F) and (H)-(O) amended February 19, 2020.

   No rule adopted by this court shall be or be construed to be jurisdictional, nor shall failure to comply with any such rule in any proceeding impair or otherwise affect the legality of such proceedings.

   (A) Any order, notice signed by the court or the registrar, and the petition application or pleading on which it is based, is deemed to be immediately filed upon affixing of the court file stamp. In no instance shall any documents be taken from this court until they have been filed, posted, filed for permanent record, and placed in the court file.

   (B) All courts shall accept for filing only the standardized forms approved by the State Court Administrator's Office as provided on the Nebraska Judicial Branch Web site in guardianship and conservatorship matters.

§ 6-1445 amended June 8, 2011; § 6-1445 amended August 31, 2011, effective January 1, 2012.

   (A) In a guardianship or a conservatorship proceeding, where a waiver for good cause shown is requested, the following procedures shall apply:

   (1) A request for waiver shall be made upon application and may be considered by the court after a hearing upon notice to all interested persons. For purposes of this paragraph, interested persons shall include all those defined in § 6-1433(B)(2). 

   (2) Notice of any hearing shall be given by the applicant as required by the Nebraska Probate Code.

   (3) Proof of sending the application and notice of hearing to all interested persons shall be filed with the court by the applicant.

   (4) The hearing upon the application may be waived if the waiver requested is approved in writing by all interested persons. The court may then enter the order without further notice and without further hearing. For purposes of this paragraph, interested persons shall include all those defined in § 6-1433(B)(2). 

   (5) The court may enter an order specifying what rule requirements have been waived. Upon request by any interested person, the court shall set forth its findings in the order.

§ 6-1445.01 adopted May 23, 2013, effective September 1, 2013; § 6-1445.01(A)(1), and (A)(3)-(A)(5) amended September 10, 2015.

   In all cases where a personal representative, guardian, or conservator has been formally or informally appointed and has failed to qualify by filing the required bond and acceptance within 60 days of appointment, and nothing appears in the records of the court which may explain or excuse the delay, the appointment may be set aside by the court on its own motion with or without prior notice to interested persons. If prior notice is not given, the clerk shall promptly mail a copy of the order of the court to the petitioner or petitioner's attorney, and to the personal representative, guardian, or conservator.

   A petition or application for probate of will, adjudication of intestacy, appointment of a personal representative, guardian or conservator shall be subject, on the court's own motion and with or without prior notice to interested persons, to dismissal without prejudice when it appears from the records of the court that no action on the petition or application has been taken by the petitioner or applicant for 4 months or longer, and nothing appears in the records of the court which may explain or excuse the delay. If the dismissal is ordered without notice, the clerk of the court shall promptly notify the petitioner or applicant and attorney of record of such action.

   Each county court by action of a majority of its judges may from time to time recommend other local rules not inconsistent with these rules nor inconsistent with any directive of the Supreme Court or statutes of the State of Nebraska. Such recommended rules shall be submitted as provided in Neb. Ct. R. § 1-103(A). Any such recommended rule shall not become effective until approved by the Supreme Court. Such approved rule or rules shall be published on the Nebraska Judicial Branch website.

Rule 48 amended September 1987. Renumbered and codified as § 6-1448, effective July 18, 2008; § 6-1448 amended June 9, 2021, effective January 1, 2022; § 6-1448 amended September 7, 2022.

   (A) Disclosure of the content of the following reports to nonparties of this pending action is prohibited without the court's written consent. All reports filed pursuant to this section are confidential and shall be handled in the same manner as personal and financial information in court records under § 6-1464.

   (1) A person, except for a financial institution as that term is defined in subsection (12) of Neb. Rev. Stat. § 8-101 or its officers, directors, employees, or agents or a trust company, who has been nominated for appointment as a guardian or conservator shall obtain a national criminal history record check, a check of the Abuse and Neglect Registries for adults and children, a check with the sex offender registry, and a credit check through a process approved by the State Court Administrator's Office. The nominated guardian or conservator shall file the results of the reports with the court at least 10 days prior to the appointment hearing date, unless waived or modified by the court (a) for good cause shown by affidavit filed simultaneously with the petition for appointment or (b) in the event the protected person requests an expedited hearing under Neb. Rev. Stat. § 30-2630.01.

   (2) An order appointing a guardian or conservator shall not be signed by the judge until such reports have been filed with the court and reviewed by the judge. Such reports, or the lack thereof, shall be certified either by affidavit or by obtaining a certified copy of the reports. No reports or national criminal history record check shall be required by the court upon the application of a petitioner for an emergency temporary guardianship or emergency temporary conservatorship. The court may waive the requirements of this section for good cause shown.

   (B) In a guardianship proceeding, the petitioner must disclose and identify the existence of any other litigation or of any other court proceeding involving the minor child or the prospective ward in which his or her rights were or may be determined or affected to the extent that such information is known by the petitioner. The petitioner must disclose and identify the existence of any other litigation or court proceeding involving the custody, support, visitation, or paternity of a minor child or prospective ward whose rights may be determined or affected by the petition. The petition shall state that the petitioner has made diligent inquiry to learn this information.

   (C) The court may appoint a guardian ad litem if:

   (1) There are no interested persons. For purposes of subsection (B), interested persons shall include all those defined in § 6-1433; or

   (2) The only interested persons are one or more governmental agencies paying benefits on behalf of the ward, incapacitated person, protected person, or minor.

   Also, if the court finds that a governmental agency is reviewing the annual reports, then the court may waive the appointment of a guardian ad litem.

Rule 49 renumbered and codified as § 6-1449, effective July 18, 2008; § 6 -1449 amended August 31, 2011, effective January 1, 2012; § 6-1449 amended September 10, 2015; § 6-1449(B) amended November 13, 2019, effective April 1, 2020; § 6-1449(B) and (C) amended March 20, 2024.

   (A) Public Moneys Paid to County Court Officials; Depository Banks; Designation; Pledged Securities; List.

   (1) All funds paid to any county court shall be deposited in such bank or banks as have been designated as official depositories for such funds. Depository banks shall be such banks as designated by the county judge or judges.

   (2) Deposits in excess of the amount insured by the Federal Deposit Insurance Corporation shall be made only as authorized by the provisions of Neb. Rev. Stat. §§ 77-2326.04 through 77-2326.09.

   (3) The clerk magistrate of each county court shall submit to the State Court Administrator a current and correct list and description of the securities pledged or in which a security interest has been granted by any depository bank to secure the deposits.

   (B) Investment of Moneys Not Otherwise Provided for by Law.

   (1) Individual trust funds. Trust funds in excess of $5,000 that can be expected to be held in excess of 90 days in trust by a county court may be placed, upon written request of an interested party, in interest-bearing certificates of deposit or a savings account of a bank or other financial institution or interest-bearing obligations of the federal government. This provision is effective only for individual deposits in excess of $5,000.

   (2) Pooled trust funds. Other funds received by the court and pooled should be invested wherever possible with consideration to:

   (a) the highest possible interest (such as NOW or SUPER NOW accounts);

   (b) the least restrictions (such as minimum balances, limitations on withdrawals, or number of checks per month); and

   (c) minimum or no service charges (to the extent service charges are incurred, such charges shall be paid out of state fees received that month).

   (C) Distribution of Earned Interest.

   (1) Individual funds. The interest earned from income accumulated from the investment of moneys from § 6-1450(B)(1) shall be retained for the benefit of the owner of the funds.

   (2) Pooled funds. Each clerk of the court shall transmit the net of any interest from § 6-1450(B)(2), and fees for credit card use reduced first by any costs incurred as a result of credit card use and any other bank charges, to the State Treasurer along with the regular submissions of fees and costs.

Rule 50 amended June 1988. Renumbered and codified as § 6-1450, effective July 18, 2008.

   (A) Minimum Requirements. County court records shall be organized as set out in the Records Model in the County Court Procedures Manual.

   (B) Media Used. County court records may be maintained on any media approved by the State Court Administrator. The requirements contained in the Rules and Regulations of the State Records Administrator shall be observed. For the cases which are fully electronic and stored on JUSTICE, no duplicative paper records shall be kept.

   (C) [Reserved.]

   (D) Standard Forms. Approved standard forms contained on the Nebraska Supreme Court Web site shall be used without modification where possible. Modifications must be approved by the State Court Administrator before a modified form can be printed or used.

   (E) Any person who does not have access to the court-authorized service provider is entitled to inspect the electronic transcript and bill of exceptions at the office of the clerk of the trial court at the computer terminal provided. Confidential or sealed records shall not be inspected except by leave of court. Paper copies of a transcript or bill of exceptions shall not be prepared by court staff unless the requestor pays for a copy of the requested record at the prescribed rate for copies.

   (F) When a request is made to the clerk of the trial court for a transcript of pleadings by or on behalf of any incarcerated person, the clerk of the trial court shall prepare a copy at the prescribed rate for copies and send it to the incarcerated person at the correctional center where he or she resides. The cost shall be paid by the person making the request unless the person has been allowed to proceed in forma pauperis in the action in which the request for a record has been made. Except for good cause shown, any additional copies of the transcript once provided to a litigant on an in forma pauperis basis shall be prepared at the litigant's cost.

   (G) When a request is made by or on behalf of any incarcerated person for a bill of exceptions, the clerk shall prepare a copy at the prescribed rate for copies and send it to the incarcerated person at the correctional center where he or she resides. The copy shall contain the index of exhibits but shall not include exhibits unless specified otherwise in these rules. The cost shall be paid by the person making the request unless that person has been allowed to proceed in forma pauperis in the action in which the request for a record has been made. Except for good cause shown, any additional copies of the bill of exceptions once provided to a litigant on an in forma pauperis basis shall be prepared at the litigant's cost. An incarcerated person may request copies of exhibits by filing a motion with the court having jurisdiction of the case.

   (H) Where a request for a copy of a transcript or a bill of exceptions is made on an in forma pauperis basis and an action is not pending, good cause must be shown by the litigant making the request for the necessity of a copy. A copy shall be provided only upon an order of the court.

Rule 51 adopted September 1987; amended May 21, 2003. Renumbered and codified as § 6-1451, effective July 18, 2008.; §§ 6-1451(A), (C), and (D) amended June 8, 2011; § 6-1451 amended June 9, 2021, effective Janaury 1, 2022; § 6-1451 amended November 17, 2021, effective January 1, 2022.

   (A) Appeals from County Court to District Court.

   (1) Transcript of pleadings; how ordered.

   (a) Appellant shall file a request for preparation of the transcript of pleadings at the time of filing the notice of appeal. The request shall designate the pleadings to be included in the transcript by listing the name of the pleading and its date of filing.

   (b) The transcript shall contain the following:

   (i) In criminal cases, the complaint and arraignment sheet, or other entry showing the plea entered. In civil cases, a copy of the last amended complaint and last amended answer;

   (ii) The judgment, decree, or final order sought to be reversed, vacated, or modified, and the county court's opinion, if any;

   (iii) Copies of the notice of appeal and request for transcript, and copies of the request for bill of exceptions, and the application to proceed in forma pauperis and accompanying poverty affidavit if those documents were filed;

   (iv) A copy of any bond or undertaking, and any approval thereof, given in the county court; and

   (v) Any other parts of the county court record which appellant believes to be necessary. Only those portions of the record which are material to the assignments of error may be requested. Requests must be made in the manner set out in § 6-1452(A)(1)(a).

   (c) In appeals to the district court involving small claims cases, the county court shall certify the complete transcript of pleadings to the district court if the appellant is not represented by counsel.

   (d) A party must raise the absence in the transcript of a mandatory document required by § 6-1452(A)(1)(b) prior to submission of the appeal for decision by the district court, unless the district court orders otherwise.

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

   (2) Transcript of pleadings; form. The transcript shall be in electronic form and created using JUSTICE procedures. Each document in the transcript shall bear a clear and distinct stamp showing the date the document was filed by the clerk of the trial court.

   (3) Payment for transcript. The party making the request shall pay the cost of the transcript.

   (4) Supplemental transcript. After the original transcript is filed in the office of the clerk of the district court, any party may, without leave of court, request a supplemental transcript containing matters omitted from the original transcript and which are necessary to the proper presentation of the case in the district court.

   (a) The request for a supplemental transcript shall be in the same form prescribed in § 6-1452(A)(1)(a).

   (b) Supplemental transcripts shall be filed within 10 days after the county court receives the request, unless the district court has extended the due date.

   (c) Supplemental transcripts shall be in the form prescribed in § 6-1452(A)(2).

   (d) No change in the original or supplemental transcript shall be made after filing, without leave of the district court.

   (5) Cases previously appealed. When a final order is appealed in a case which was previously appealed, the transcript may contain pleadings already on file in the district court.

   (6) Statement of errors. See Neb. Ct. R. § 6-1518.

   (B) Bills of Exceptions.

   (1) Making and preserving the record; duty.

   (a) “Court reporting personnel,” as defined in Neb. Ct. R. § 1-204(A)(1), shall in all instances make, or cause to be made, 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.

   (b) 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.

   (c) Absent a request as provided in subsection (b) above, any party may request the court reporting personnel to make or have made a verbatim record of any particular part of portion of the proceedings not required by subsection (a) above, and the court reporting personnel shall comply with such request.

   (d) Any request under subsections (b) or (c) above shall be made either in a writing filed with the clerk of the trial court or on the record in open court. In the absence of a request in such manner, it shall be conclusively presumed that no such request was made.

   (2) How ordered. An appellant may order a bill of exceptions by filing a request with the clerk of the county court at the time the notice of appeal is filed. The request shall specifically identify each portion of the evidence and exhibits offered at any hearing which the party appealing believes material to the issues to be presented for review. At the same time, the appellant shall serve a copy of the request upon all parties. Failure to file such a request at the same time the notice of appeal is filed shall be deemed a waiver of appellant of the right to request a bill of exceptions and court reporting personnel shall not begin preparation of the bill of exceptions until leave is given to file a request out of time.

   (3) Payment. Except in cases where payment of the cost of preparing the bill of exceptions will be paid by the state, county, or other governmental subdivision, the cost to prepare the bill of exceptions shall be estimated by court reporting personnel. The estimate shall be provided to the party making the request within 7 days of receipt of the notice of appeal and request to prepare the bill of exceptions.

   (a) The appellant shall deposit the amount of the estimated cost with the clerk of the county court within 7 days after receipt of the estimate. The trial court clerk shall notify the district court and the court reporting personnel when the deposit is made. Preparation of the bill of exceptions will not begin until the payment of the estimate is received.

   (b) If the appellant fails to pay the deposit on time, the clerk magistrate shall forthwith file a notice of such failure with the district court and to the court reporting personnel responsible for making the record that the deposit has not been made. Thereafter, unless leave of the district court for an extension of time is granted for good cause shown, the appeal shall proceed as if no bill of exceptions had been requested. Appellant’s time shall not be stayed by failure to make the deposit on time.

   (4) Supplements. If the appellee believes additional evidence should be included in the bill of exceptions, the appellee may, within 10 days after service of the request for bill of exceptions filed by the appellant, file a supplemental request for preparation of a bill of exceptions with the clerk of the county court. At the same time, a copy of the supplemental request shall be served upon all parties. The supplemental request shall be processed in the same way as the initial request.

   (5) Preparation and delivery.

   (a) The bill of exceptions shall be prepared by the court reporting personnel in accordance with Neb. Ct. R. App. P §§ 2-105.01 and 2-105.02.

   (b) The following time limits apply unless an extension of time is approved by the district court in accordance with these rules. The time period begins on the date the estimate is due to be paid by appellant in the county court.

   (c) Request for Extension. If the bill of exceptions cannot be prepared within the time allowed by § 6-1452(B)(5)(b), the district court may grant additional time for preparation.

   (i) The court reporting personnel shall file a request with the clerk of the district court for additional time at least 7 days prior to the date the bill of exceptions is due to be filed.

   (ii) The request shall specify the length of time requested for the extension and shall bear the signature of the court reporting personnel. A certificate of the court reporting personnel shall accompany the request for extension of time and shall set forth the reasons why the bill of exceptions cannot be completed by the date due.

   (iii) Copies of the request shall be served on all parties to the action or their attorneys at the time the request for extension of time is filed, and a copy delivered to the county court judge who heard the matter.

   (iv) The district court shall rule upon the request as soon as possible. The clerk of the county court shall be notified of the decision as soon as possible, but not later than 2 business days after the decision.

   (v) Requests for extension shall be allowed only upon a showing of good cause, and first extensions of time shall not be routinely granted.

   (6) Settlement, signature, and allowance. When the bill of expections has been prepared, it shall be reviewed to determine whether the bill of exceptions conforms to applicable rules and is an accurate transcription of the recording of the proceedings. Those persons who complete the review shall make the following certifications:

   (a) The court reporting personnel shall sign a certificate certifying that it conforms to the applicable rules and is an accurate transcription of the recording. The court reporting personnel shall include the certificate with the bill of exceptions. The court reporting personnel shall transmit the bill of exceptions to the court clerk using the court reporting personnel filing portal through the court authorized service provider.

   (b) Once the bill of exceptions is received, and prior to filing, the clerk shall certify that the recording of the proceedings was in the custody and/or under the control of the court at all times and shall state the recording from which the bill of exceptions was made is the official record of the proceedings in the case in the county court.

   (c) All signatures shall be as set forth in § 2-211.

   (7) Filing. The bill of exceptions shall be filed in the county court, and a copy thereof transmitted to the district court using JUSTICE procedures. The bill of exceptions shall be the official record of the proceedings in the county court and shall be considered by the district court on appeal without being offered and received into evidence.

   (8) Alternate preparation. 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 under the direction and supervision of the trial judge and shall be certified by the judge and delivered to the clerk for filing.

   (9) 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 district court. 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. Proposed amendments not agreed to by all the parties to the case shall be heard and decided by the county court after such notice as the court shall direct. The order of the county court thereon shall be included with the bill of exceptions prior to the time the case is submitted to the district court. 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 county judge in the district, or by a county judge in an adjoining judicial district.

   (10) Notice of district and appellate court action. After notification and transmission of the mandate from the district court or appellate court to the county court, the county court shall spread the mandate.

   (11) 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 clerk magistrate a written notice advising the court that settlement has been reached. Upon receipt of the notice, the clerk magistrate shall provide the notice to the court reporting personnel and to the district court clerk. The clerk magistrate 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. 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 court reporting personnel for the bill of exceptions, as otherwise provided herein, shall apply.

   (12) Any request for preparation of a bill of exceptions or supplemental request for 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.

   (C) Direct appeals from county courts to the Court of Appeals or Supreme Court. The Supreme Court and Court of Appeals Rules of Appellate Practice, Neb. Ct. R. App. P. § 2-101 et seq., shall be followed in appeals from the county courts.

   (1) Payment of docket fee. The docket fee in the Court of Appeals or Supreme Court set by Neb. Rev. Stat. § 33-103 shall be first deposited with the clerk of the county court, who shall record receipt of the fee. The clerk of the county court shall then submit the fee to the Clerk of the Supreme Court and Court of Appeals for the docket fee. If the county is to pay the fee (filing in forma pauperis), then the docket fee is not prepaid.

   (2) Processing appeals in the Court of Appeals or Supreme Court. Appeals from the county court will be processed in the same manner as other appeals. The county court transcript shall be certified by the clerk as a true copy of the proceedings contained therein.

   (3) Notification of decision. The county court will be officially notified of the action of the appellate court through the mandate issued by the Clerk of the Supreme Court and Court of Appeals.

Rule 52(A)(7) amended October 27, 1993; Rule 52(A)(3)(d) and (C)(3)(d) and (C)(4) amended April 13, 1994; Rule 52(C), (C)(1), (C)(1)(d), (C)(2), (C)(3), (C)(4), and (C)(5) amended June 2, 1994; Rule 52(C), (C)(3)(d), and (C)(4) amended January 31, 1996; Rule 52(C)(1)(c) amended September 17, 1997; Rule 52(A)(2)(a)(iii) and (C)(3)(e) amended October 14, 1999. Renumbered and codified as § 6-1452, effective July 18, 2008; §§ 6-1452(A)(4)(a) and (B)(7)(a) and (b) amended June 8, 2011; § 6-1452(C)(2) amended August 31, 2011; § 6-1452 amended June 9, 2021, effective January 1, 2022; § 6-1452 amended November 17, 2021, effective January 1, 2022; § 6-1452(B)(2), (3), (3)(a) and (b), and (B)(5)(b) amended May 17, 2023.

   (A) Transcript of Pleadings. In cases where the defendant is ordered bound over to the district court, the original case file shall be transmitted electronically to the clerk of the district court using JUSTICE procedures. The register of actions of the case in the county court shall be updated to show the actions in the county court, and the action of transmitting the record shall be recorded on the register of actions.

   (B) Transcript of Testimony.

   (1) Request for transcription. A transcript of testimony may be ordered by a party to the action. The request shall specify which portions of the evidence should be included in the transcript.

   (2) Payment. A transcript of testimony, when ordered, shall be prepared and paid for as described in § 6-1452(B)(7)(a).

   (C) Costs. The county court shall certify costs and show whether costs have been paid or claimed.

Rule 53 adopted September 1987. Renumbered and codified as § 6-1453, effective July 18, 2008; § 6-1453 amended June 9, 2021, effective January 1, 2022.

   Each clerk magistrate in the State of Nebraska is authorized to conduct arraignments, accept pleas of guilty and nolo contendere, and impose penalties as set forth below:

   (A) Waivers. The clerk magistrate may accept pleas of guilty and impose fines on all offenses set out in the waiver/fine schedule approved by the Nebraska Supreme Court.

   (B) Arraignments. The clerk magistrate may conduct arraignments and accept pleas of guilty, not guilty, and nolo contendere on any waiverable offense, on any other infractions, misdemeanors, or violations of city ordinances. The clerk magistrate may impose penalties on any infractions, Class III, IV, or V misdemeanors, first offense Class W misdemeanors, or any violations of city ordinances. Penalties imposed by the clerk magistrate under this section are not limited to the fines on the uniform waiver schedule and may include probation. Such penalties shall not be in excess of statutory limits and shall not include imprisonment. A record shall be made of all arraignments conducted by the clerk magistrate. The presiding judge of each judicial district shall provide the clerk magistrate with a written verbatim arraignment form which shall be followed by the clerk magistrate to ensure that the defendant is properly advised of the charges made against him or her, the statutory language stating the offense, the possible penalties which could be imposed, and the necessary constitutional rights.

   (C) Bond Setting. When a defendant appears before the clerk magistrate and the case is continued for further hearing, the clerk magistrate shall order the defendant to appear on a date certain and shall release the defendant or set bond with appropriate conditions as statutorily provided.

   (D) Other Duties. All other duties of clerk magistrate shall be pursuant to state statute.

Rule 54 adopted September 1987. Renumbered and codified as § 6-1454, effective July 18, 2008.

   (A) Uniform Waiver System. Each county court shall accept waivers of appearance and pleas of guilty in cases involving nonhazardous traffic violations, carrier violations, game and parks violations, and other violations in accordance with a schedule adopted by Supreme Court rule. Such waivers shall be on a form with uniform language in accordance with the Supreme Court rule.

   (B) Guidelines for Use of Waiver System. Waivers shall be accepted in the following ways:

   (1) Mail. Violators may be allowed by the law enforcement officer issuing the citation to use the waiver form contained on the defendant's copy of the citation. If the defendant is a resident of a state which is a member of the Nonresident Violator Compact, the defendant may then be released without the necessity of immediate collection of fine and costs.

If the defendant is a resident of a state which is not a member of the Nonresident Violator Compact, or is charged with an offense not covered by that compact, the officer shall

   (a) allow the defendant to sign the waiver and pay the fine and costs or

   (b) allow the defendant to sign the waiver and place it in an envelope along with the fine and costs in the presence of the officer. The officer shall then accompany the defendant to the nearest U.S. mailbox to observe the deposit therein of the envelope. The officer shall at no time take possession of the fine and costs.

   (2) Locked waiver boxes. Where a locked waiver box is permanently affixed within the building of a State Weighing Station, an officer may allow the defendant, in the presence of the officer, to sign the waiver and to place it and the fine and costs in an envelope. The officer shall then, in the presence of the defendant, seal and place the envelope in the locked waiver box.

   (3) Personal appearance. Violators may appear personally at the office of the clerk of the appropriate court on or before the court appearance date.

   (4) Application. Violators may make application for waiver of appearance prior to the court appearance date. Upon receipt of an application, the court shall determine whether or not the waiver privilege shall be granted and shall send either a waiver or a notice of an appearance date. If the waiver privilege is denied, the judge shall set forth within the notice of appearance a written explanation showing good and sufficient cause as to why the privilege was denied.

   (5) Internet. Violators may access a website approved by the Supreme Court and upon successful completion of required information and agreeing to all waiver and plea instructions, pay the fine and costs plus any convenience fees by using a credit/debit card processor authorized by the court. Convenience fees are established by the credit/debit car processor authorized by the court and are not a part of the fine and costs to the state.

   (C) Fine Schedule. The Supreme Court shall establish a schedule of the amount of fines to be imposed for violations which are to be paid by waiver.

   (D) Other Violations. Notwithstanding the provisions of § 6-1455(C), and except for violations in which mandatory jail time is required to be imposed as punishment, a waiver may be allowed for violations not listed on the schedule in individual cases when authorized by the county judge or judges of the county.

Rule 55 amended March 1991; Rule 55(B)(5) adopted September 20, 2007. Renumbered and codified as § 6-1455, effective July 18, 2008; § 6-1455(D) amended June 9, 2010; § 6-1455(B)(1)(a) amended June 8, 2011; § 6-1455(B)(2) and (5) amended May 1, 2019.

Rule 56 amended January 1991. Renumbered and codified as § 6-1456, effective July 18, 2008; § 6-1456 amended August 25, 2010.

   Pursuant to Neb. Rev. Stat. §§ 23-193 and 25-2703, the State Court Administrator established the following guidelines to prescribe the form that city, village, or county ordinances shall be filed in the county courts:

   (A) Initial Filing of City, Village, or County Ordinances. City, village, or county ordinances shall be compiled in a PDF format, if available. For code books or pamphlets which have been adopted in their entirety by an adopting ordinance, such books or pamphlets shall be accompanied by a copy of the adopting ordinance with a certificate of the municipal or county clerk, under the seal of the municipality or county, certifying that such ordinance was passed and approved as required by law. For code books or pamphlets containing a compilation of ordinances passed by the municipality or county, such books or pamphlets shall be accompanied with a certificate of the municipal or county clerk, under the seal of the municipality or county, certifying that such ordinances were passed and approved as required by law. Each code book or pamphlet shall contain a date of publication and purport that it is being published by the authority of the city council, or village board of trustees, or county board. Each code book or pamphlet shall contain an index.

   (B) Filing of New or Amended Ordinances. Copies of new or amended ordinances shall be filed in the county court in electronic form, if available. For municipalities or counties filing new or amended ordinances in ordinance form, such ordinances shall be accompanied with a certificate of the municipal or county clerk, under the seal of the municipality or county, certifying the date that such ordinances were passed and approved. For municipalities or counties filing new pages for insertion in their municipal codes, such pages shall be accompanied with a certificate of the municipal or county clerk, under the seal of the municipality or county, listing the ordinance numbers which effectuated the changes therein and certifying the dates that such ordinances were passed and approved. The county court shall affix all new or amended ordinances to the filed version of the respective city or village ordinances.

   (C) Need for Record. The foregoing provisions do not in any way modify the rule of appellate practice that when an ordinance charging an offense is not properly made a part of the record on appeal, an appellate court presumes the existence of a valid ordinance creating the offense charged, and will not otherwise take judicial notice of an ordinance.

Rule 57 adopted May 1994. Renumbered and codified as § 6-1457, effective July 18, 2008; § 6-1457 amended June 9, 2021, effective January 1, 2022.

   Whenever the need exists, a clerk magistrate, with the concurrence of the county judges of his or her district, may establish and maintain a petty cash fund. The fund shall be used only in the event of business-related circumstances which require the item or expense to be purchased and paid for immediately in cash. The creation of the fund is contingent upon approval of the State Court Administrator or designee and budget approval by the local county board as defined under Neb. Rev. Stat. § 23-106. If the local county board approves the budget request, the clerk magistrate shall maintain receipts for expenditures and an accurate, detailed accounting of the fund on a form approved by the State Court Administrator. The printed form and receipts shall be scanned into JUSTICE with the court’s monthly financial image reports.

Rule 58 adopted July 1995. Renumbered and codified as § 6-1458, effective July 18, 2008; § 6-1458 amended February 18, 2016.

   The presiding judge has primary responsibility for overseeing the delivery of county court services within the geographical area of the judicial district.

   In districts where there is a judicial administrator, the presiding judge, in accordance with Nebraska Supreme Court Personnel Policies and Procedures, bears the responsibility for the hiring, evaluation, and discipline of the judicial administrator. The presiding judge is to provide direction to the judicial administrator in matters of local district policy. A presiding judge is to provide direction to the judicial administrator to ensure that state statutes, Supreme Court rules, and policies of the Administrative Office of the Courts are appropriately carried out. The presiding judge is the immediate supervisor of the judicial administrator and shall meet with the judicial administrator on a regular basis to coordinate the work of the judges and staff within the district.

   In districts where there is no judicial administrator, the presiding judge bears the responsibility for the hiring, evaluation, and discipline of the clerk magistrates in the district. The presiding judge is to provide direction to the clerk magistrates in matters of local district policy. A presiding judge is to provide direction to the clerk magistrates to ensure that state statutes, Supreme Court rules, and policies of the Administrative Office of the Courts are appropriately carried out. The presiding judge is the immediate supervisor of the clerk magistrates and shall meet with the clerk magistrates on a regular basis to coordinate the work of the judges and staff within the district. In districts with more than one county, these duties may be assigned to individual judges on a county-by-county basis.

   It shall be the responsibility of the presiding judge to coordinate the work of all judges within the district. This may include assigning judges to various duties within a single county or among various counties of the district.

   The presiding judge shall bear the responsibility of notifying the Administrative Office of the Courts if there is a need for a substitute judge anywhere in the district.

   The presiding judge shall delegate appropriate administrative responsibility to the judicial administrator and the rest of the administrative staff of the district or to the clerk magistrates and the rest of the administrative staff of the counties relating to budget preparation and general administration, case management, facilities, personnel administration, and court records management. In districts with more than one county, these duties may be assigned to individual judges on a county-by-county basis.

   The presiding judge shall be the liaison with the Administrative Office of the Courts and Supreme Court.

It shall be the responsibility of the presiding judge to plan and chair each year a meeting of all judges, judicial administrators, and clerk magistrates within a district. The presiding judge may plan and chair additional meetings as deemed necessary in the discretion of the presiding judge of all judges, judicial administrators, and clerk magistrates within a district.

   The presiding judge, or the presiding judge's designee, shall be the liaison to the Nebraska State Bar Association and the media for the courts of the district. In districts with more than one county, these duties may be assigned to individual judges on a county-by-county basis.

   The presiding judge shall be the liaison to other agencies of local and state government for the courts of the district. In districts with more than one county, these duties may be assigned to individual judges on a county-by-county basis.

   It shall be the responsibility of the presiding judge of the district to review the audits of all county courts of the district to make sure that the accounting practices being followed are in accordance with the County Court Accounting Manual. It is the duty of the presiding judge to respond to any audit recommendation. It is also the duty of the presiding judge to make all records and information available to the individuals doing the audit.

   It shall be the duty of the presiding judge to approve any reinstatement of bonds which have been forfeited for more than 90 days when the presiding judge determines it is in the best interests of justice. In districts with more than one county, these duties may be assigned to individual judges on a county-by-county basis.

   The presiding judge shall be elected each year by a majority vote of the judges of the district subject to approval by the Supreme Court. Notification of the name of the individual elected as presiding judge of the district shall be given to the State Court Administrator no later than the last day of November of each year.

   A presiding judge shall hold the position for a term of 1 year from the first day of January to the last day of December of the same year. There is no limit on the number of terms a presiding judge may serve. A judge who has served for two or more consecutive terms may decline to serve another consecutive term. The election of a presiding judge must be approved by the Supreme Court. If notice of disapproval of the person elected to be presiding judge is not given within 15 days of the submission of the name to the State Court Administrator, then the person shall be deemed approved. If the Supreme Court disapproves of the person elected to be presiding judge, the district shall elect another person and submit that name to the State Court Administrator within 10 days of the notice of disapproval.

Rule 59 adopted October 1996. Renumbered and codified as § 6-1459, effective July 18, 2008; § 6-1459 amended August 27, 2008; amended June 8, 2011; amended January 31, 2018.

   The Uniform district court rules of practice and procedure, Chap. 6, Art. 15, shall govern the procedure for domestic relations cases heard by a county court judge.

Rule 60 adopted November 1997. Renumbered and codified as § 6-1460, effective July 18, 2008.

   Any of the foregoing rules shall be subject to such modification by the court as may be necessary in special instances to meet emergencies or to avoid injustice or great hardship.

Renumbered to Rule 59, July 19, 1995; renumbered to Rule 60, October 17, 1996; renumbered to Rule 61 November 26, 1997. Renumbered and codified as § 6-1461, effective July 18, 2008.

   (A) County Court Civil Jurisdiction. The Nebraska Supreme Court has determined, pursuant to Neb. Rev. Stat. § 24-517(5)(b), that from July 1, 2020, through June 30, 2025, each county court shall have concurrent original jurisdiction with the district court in all civil actions of any type where the amount in controversy is $57,000 or less.

   (B) Small Claims Court Jurisdiction. The Nebraska Supreme Court has determined, pursuant to Neb. Rev. Stat. § 25-2802(4), that from July 1, 2020, through June 30, 2025, each small claims court shall have jurisdiction in all civil actions set forth in Neb. Rev. Stat. § 25-2802(1) and (2) where the amount in controversy is $3,900 or less.

Rule 62 adopted June 22, 2005. Renumbered and codified as § 6-1462, effective July 18, 2008; § 6-1462 amended June 30, 2010; § 6-1462(A) and (B) amended June 24, 2015, effective July 1, 2015; § 6-1462(A) and (B) amended June 24, 2020, effective July 1, 2020.

   (A) Complaint and Notice to Appear; Form.

   (1) The Uniform Citation and Complaint form shall be used in county courts, whether the complaint is made by a peace officer, prosecutor, or any other person.

   Form: electronically-generated citation and complaint. The "Uniform Citation and Complaint" shall be created electronically. The information on the form shall be set out as shown in Appendix 2 and compliant with NCIC codes. The law enforcement officer preparing the Uniform Citation and Complaint shall print the defendant's copy, which shall contain the waiver and plea section if applicable. A copy may be printed for the law enforcement officer or her or his agency, and another for the prosecutor.

All electronically-generated Uniform Citation and Complaint forms shall be at a minimum printed on letter-sized (8½ x 11 inches) white paper with black printing, in the format approved by the Supreme Court. Beginning January 1, 2020, all citation/complaint forms will be electronically filed as a standard sized (8½ x 11 inches) PDF with the court. Multi-page citations/complaints PDFs may be filed when required if the defendant is charged with multiple offenses.

   (2) Form: Beginning January 1, 2020, a hand‑written citation and complaint may be used only when equipment or access issues do not allow for electronically generated citations, or if approved by the Administrative Office of the Courts for agencies which issue less than 500 citations annually. The complaint and notice to appear shall be in the form set out in Appendix 2 and comply with NCIC codes. The Uniform Citation and Complaint shall consist of four parts:

   (a) the complaint, to be filed with the court;

   (b) the officer's copy;

   (c) the prosecutor's copy; and

   (d) the defendant's copy, with the waiver and plea printed on the reverse side.

The citation shall be 8½ x 11 inches in size and printed in the format approved by the Supreme Court. Any agency wishing to replace the offenses in the approved template with other offenses unique to its enforcement responsibility may submit a written proposal to the Administrative Office of the Courts for approval. The back of the officer and prosecutor copies may be printed to accommodate the needs of the agency, without permission of the Administrative Office of the Courts.

   (3) Numbering: All citations shall be numbered in consecutive order. Each number shall contain up to two alpha characters assigned by the Administrative Office of the Courts and up to seven numerals with no leading zeros. The citation number shall be displayed at the top of the citation in Arabic characters and numerals. 

   (4) The defendant's signature promising to appear may be captured by a digital representation or captured on the paper citation which is filed with the court, if applicable.

   (B) Uniform Citation in Lieu of Arrest.

   (1) Form: Any citation in lieu of arrest issued pursuant to Neb. Rev. Stat. §§ 29-422 through 29-430 or Neb. Rev. Stat. § 60-684 shall comply with the following minimum standards:

   (a) the name and address of the defendant;

   (b) a field for the defendant's language need if the defendant will require an interpreter when he or she appears in court;

   (c) the date of birth of the defendant;

   (d) the offense(s) charged;

   (e) the date, time, and location of the offense;

   (f) the time and place the defendant is to appear in court;

   (g) a written promise to appear in court and a line on which the defendant shall place his or her signature promising to appear in court (applicable only to citations issued by law enforcement personnel);

   (h) a warning that failure to appear in accordance with the command of the citation is a punishable offense;

   (i) the citation may constitute a complaint filed in the trial court (applicable only to citations issued by law enforcement personnel); and

   (j) officer and prosecution copies of the citation may contain additional information specific to the agencies' needs.

Rule 63 adopted September 26, 2006. Renumbered and codified as § 6-1463, effective July 18, 2008; § 6-1463(B)(1)(f)-(h) amended June 8, 2011; § 6-1463 amended December 13, 2017, effective January 1, 2019.

   The following privacy rules shall apply to all pleadings, documents, exhibits, court orders, judgments, and decrees filed in all civil actions in the county courts of Nebraska:

   (A) This rule seeks to prevent birth dates, gender, Social Security numbers, and financial account numbers of all persons, including minor children, from being included in court records generally available to the public.

   (B) Separate document. The personal and financial information identified in § 6-1464(A) shall be set forth in a separate document as set forth in Appendices 4, 5, and 8 to these rules. Appendix 4 shall be used in general civil cases filed in the county court, and Appendices 5 and 8 shall be used in any case filed in the county court arising under Chapter 30 of the Nebraska Revised Statutes.

   (1) Electronic submission. Such separate document shall be submitted electronically as provided by Neb. Ct. R. § 2-210.

   (2) Paper submission. If the document is submitted in paper form, it shall contain, at the top of the first page, the following language, in bold type: This document is confidential and shall not be made part of the court file or provided to the public pursuant to Neb. Ct. R. § 6-1464. The clerk of the court shall keep the document separate from the case file but accessible to judges and court staff.

   (3) Storage of document and/or data. If the document is submitted in electronic form, or converted from paper form to electronic form, the electronic document or the data contained therein may be reproduced or stored in JUSTICE or other court case and financial management system. Such electronic document, image, or data shall be electronically marked and shall not be accessible or viewable by the public, except as expressly authorized by written court order.

   (4) Access to documents and/or data by government agencies and officials. Unless otherwise provided by statute, court rule, or court order, access to such electronic documents, images, or data by governmental agencies and officials shall be implemented by agency agreements approved by the Nebraska Supreme Court. Application for access to such electronic document, image, or data by government agencies and officials shall be made by such agency or official on the form provided at Appendix 7, which shall include all information as requested on Appendix 7.

   (C) The personal and financial information identified in § 6-1464(A) shall not be included in any pleading or document submitted by a party or counsel for filing with the court, except by reference to a separate Appendix 4, 5, or 8 document. An Appendix 4, 5, or 8 document shall be separately tendered with any such pleading or other document, and if the Appendix 4, 5, or 8 document is submitted in electronic form, it shall be identified in the filing transmittal as a confidential Appendix 4, 5, or 8 submission. The forms in Appendices 4, 5, and 8 are mandatory with respect to the information identified in § 6-1464(A), but a party, attorney, or court may include in the Appendices 4, 5, and 8 forms additional personal or financial information sought to be protected.

   (D) The personal and financial information identified in § 6-1464(A) shall not be included in any court order, judgment, or decree, including, but not limited to, any decree of dissolution of marriage, decree of legal separation, order of paternity, qualified domestic relations order, or other child support order or order of modification, except by reference to a separate Appendix 4, 5, or 8 document. Where the court finds that an order, judgment, or decree must contain Social Security numbers or other personal information stated in § 6-1464(A), the court shall have the original order sealed and provide in the case file a redacted version of the order for public view.

   (E) No exhibit used at trial shall contain a complete account number for any financial accounts or debts of any party. The same shall be redacted by the person offering the exhibit to the extent necessary to protect the information from misuse. By agreement of the parties, or as directed by the court, financial account information shall be identified in all pleadings, other documents and court orders, judgments, or decrees in such a manner as the parties, counsel, court, and jury may be able to distinguish information between similar accounts or debts, or as may be necessary to establish relevance to the matter being litigated.

   (F) The name, birth date, gender, and Social Security number information of parties sought to be protected by this rule may be furnished to the clerk of the court by the parties prior to issuance of any order or decree. This information shall be furnished by submitting the form provided in Appendix 4, 5, or 8. Protection of this information shall be as set forth in § 6-1464(B). Where a party or counsel is required by statute or rule to furnish information identified in § 6-1464(A) to a court or clerk of the court but such information is not required to be filed, the clerk of the court shall not place such information in the court file or allow such information to be accessible to the public.

   (G) The responsibility for redacting personal and financial data set forth in § 6-1464(A) rests solely with counsel and the parties. The clerk of the court shall not be required to review documents for compliance with this rule. If a clerk of the court identifies a violation of this rule, the clerk may, at his or her option, provide a redacted document for public access. However, the clerk electing to provide a redacted copy for public access shall maintain the original document without any alterations thereof, which document shall only be available to the court and the parties or the parties' counsel.

Rule 64 adopted April 16, 2008. Renumbered and codified as § 6-1464, effective July 18, 2008. § 6-1464 amended September 24, 2008; § 6-1464(B) and (F) amended January 27, 2010; § 6-1464 amended July 13, 2010; § 6-1464(B) amended May 16, 2012; § 6-1464 amended February 27, 2013; § 6-1464(B)-(D) and (F) amended August 28, 2013, effective September 1, 2013; § 6-1464(H) adopted November 13, 2019, effective April 1, 2020; § 6-1464 amended June 9, 2021, effective January 1, 2022; § 6-1464 amended November 17, 2021, effective January 1, 2022.

   (A) Civil Cases in Which a Party Has Been Named as a Debtor in a Voluntary or Involuntary Bankruptcy Petition. In any civil case pending before this court in which a party has been named as a debtor in a voluntary or an involuntary bankruptcy petition, a Suggestion of Bankruptcy petition and either (1) a certified copy of the bankruptcy petition, (2) a copy of the bankruptcy petition bearing the filing stamp of the clerk of the bankruptcy court, or (3) a copy of a "Notice of Bankruptcy Case Filing" generated by the Bankruptcy Court's electronic filing system shall be filed by the party named as a debtor or by any other party with knowledge of the bankruptcy petition. Upon the filing of the Suggestion of Bankruptcy and one of the three bankruptcy documents noted immediately above, no further action will be taken in the case by the court or by the parties until it can be shown to the satisfaction of the court that the automatic stay imposed by 11 U.S.C. § 362 does not apply or that the automatic stay has been terminated, annulled, modified, or conditioned so as to allow the case to proceed. Such a showing shall be made by motion.

   (B) Request for Disbursements of Funds or Distribution of Property of or to a Party Named as a Debtor in a Bankruptcy Proceeding. In any civil case before the court in which a Suggestion of Bankruptcy and one of the three bankruptcy documents noted in § 6-1465(A) have been filed, no request for a disbursement of funds or distribution of property of or to a party named as a debtor shall be made, and no order disbursing funds or distributing property of or to a party named as a debtor will be entered. A request for disbursement of funds or distribution of property may be made after a showing, satisfactory to the court, that such funds or property has been abandoned by the trustee in bankruptcy or that the funds or property has been exempted by the debtor in the bankruptcy proceedings or that the party named as the debtor in the bankruptcy petition, rather than the trustee in bankruptcy, is otherwise entitled to disbursement of such funds or distribution of such property. Such a showing shall be made by affidavit.

Rule 64(A) and (B) amended October 23, 2002; Rule 64 renumbered to Rule 65 April 15, 2008. Renumbered and codified as § 6-1465, effective July 18, 2008.

   The following privacy rules shall apply to all pleadings and documents filed in all criminal actions in the county courts of Nebraska.

   (A) Redacted Filings. In any filing with the court that contains an individual's Social Security number; a taxpayer identification number; a birth date; the name of an individual known to be a minor; or a financial account number, a party or nonparty making the filing may include only, unless otherwise ordered by the court:

   (1) a reference to Social Security number or taxpayer identification number (no digits);

   (2) the year of the individual's birth;

   (3) a minor child's initials;

   (4) the last four digits of a financial account number.

   (B) Exemptions. The redaction requirement does not apply to the following:

   (1) the date of birth of a defendant or person subject to detention;

   (2) the name of a defendant or person subject to detention;

   (3) a financial account number or real property address that identifies the account or property allegedly subject to forfeiture in a forfeiture proceeding;

   (4) the record of an administrative or agency proceeding;

   (5) the record of a court or tribunal, if that record was not subject to this rule when originally filed;

   (6) a filing covered by § 6-1466(D).

   (C) Victim Information. Personal identifying information, other than a victim's name, shall be prevented from being disclosed on pleadings and documents filed in criminal actions that may be available to the public. Victims eligible for protection are defined in Neb. Rev. Stat. § 29-119. The Crime Victim Information Form, as set forth in Appendix 10 shall:

   (1) be completed by the County Attorney (or deputy) at initial filing;

   (2) be separately tendered with any such pleading or other document, pursuant to Neb. Ct. R. § 2-210;

   (3) always have the following language visible, "THIS DOCUMENT IS CONFIDENTIAL AND SHALL NOT BE PART OF THE COURT FILE OR PROVIDED TO THE PUBLIC PURSUANT TO N.R.S.81-1848." The clerk of the court shall keep the document separate from the case file but accessible to the judges and court staff. The data contained therein may be reproduced or stored in JUSTICE or other court case management system. Such document, image, or data shall be electronically marked and shall not be accessible or viewable by the public.

   The personal identifying information identified in Crime Victim Information Form, Appendix 10, shall not be included in any court order or judgment.

   (D) Filings Made Under Seal. The court may, on its own motion or for good cause shown, order that a filing be made under seal without redaction. See Neb. Ct. R. § 2-210. The court may later unseal the filing or order the person who made the filing to file a redacted version for the public record.

   (E) Protective Orders. For good cause, the court may by order in a case:

   (1) require redaction of additional information; or

   (2) limit or prohibit a nonparty's access to a document filed with the court.

   (F) Option for Additional Unredacted Filing Under Seal. A person making a redacted filing may also file an unredacted copy under seal. The court shall retain the unredacted copy as part of the record, under seal. The person making the filing shall follow the procedures set forth in § 2-210.

   (G) Option for Filing a Reference List. A filing that contains information set forth as provided by § 6-1466(A) may be filed together with a reference list that identifies each item of redacted information and specifies an appropriate identifier that uniquely corresponds to each item listed. The reference list shall be filed under seal and may be amended as of right. The court shall retain the reference list as part of the record, under seal. Any reference in the case to a listed identifier will be construed to refer to the corresponding item of information as stated on the reference list.

   (H) The responsibility for redacting information set forth in § 6-1466(A) rests solely with counsel of record. The clerk of the court shall not be required to review documents for compliance with this rule. If a clerk of the court identifies a violation of this rule, the clerk may, at his or her option, provide a redacted document for public access. However, the clerk electing to provide a redacted copy for public access shall maintain the original document without any alterations thereof, which document shall only be available to the court and to the parties or counsel of record.

§ 6-1466 adopted February 27, 2013; § 6-1466 amended September 16, 2015; § 6-1466 amended June 9, 2021, effective January 1, 2022; § 6-1466 amended November 17, 2021, effective January 1, 2022.

   (A) Every judicial district shall have a transparent process for appointment of counsel for indigent defendants as provided in Neb. Rev. Stat. §§ 29-3901 to 29-3908.

   (B) On or before January 1, 2015, the county court and district court judges of each judicial district shall adopt a local rule for the judicial district regarding appointment of counsel in criminal cases. Such local rule shall be made public and shall include, but not be limited to:

   (1) Provision for maintenance of a list of all licensed attorneys who may be expected to accept appointments in criminal cases in the judicial district, and information on obtaining such list from the court;

   (2) The judicial district's process for appointments under Neb. Rev. Stat. §§ 29-3901 to 29-3908; and

   (3) Information as to how an attorney may be added to or, if permitted, removed from the court-appointed attorney list.

   (C) Such local rule shall be governed by § 6-1448.

§ 6-1467 adopted February 12, 2014.

   (A) Purpose.

   The purpose of these practice standards is to ensure that the legal and best interests of juveniles in dependency and abuse/neglect proceedings initiated under the Nebraska Juvenile Code are effectively represented by their court-appointed guardians ad litem. These practice standards are also intended to ensure that such interests of juveniles involved in delinquency, status offense, or other proceedings initiated under the Nebraska Juvenile Code are effectively protected when a guardian ad litem has been appointed.

   (B) Appointment.

   (1) In accordance with the Nebraska Juvenile Code, specifically Neb. Rev. Stat. § 43-272(3), only a lawyer duly licensed by the Nebraska Supreme Court may be appointed to serve as a guardian ad litem for a juvenile.

   (2) When feasible, the duties of a guardian ad litem should be personal to the appointed lawyer and should not normally be delegated to another person or lawyer.

   (3) Any lawyer who serves as a guardian ad litem should fulfill the training requirements described in the Nebraska Supreme Court Rule Regarding Guardian Ad Litem Training for Attorneys.

   (C) Role of Guardian Ad Litem.

   (1) Neb. Rev. Stat. § 43-272(3) authorizes a guardian ad litem in juvenile proceedings to fulfill a "dual role" with respect to the juvenile, that is, to serve as:

   (a) An advocate for the juvenile who is deemed as the parent of the juvenile and charged with a duty to investigate facts and circumstances, determine what is in the juvenile's best interests, report to the court and make recommendations as to the juvenile's best interests, and take all necessary steps to protect and advance the juvenile's best interests; and

   (b) Legal counsel for the juvenile.

   (2) Where a lawyer has already been appointed to represent the legal interests of the juvenile, for example in a delinquency case, another lawyer appointed to serve as a guardian ad litem for such juvenile shall function only in a single role as guardian ad litem for the juvenile concerning the juvenile's best interests, and shall be bound by all of the duties and shall have all of the authority of a guardian ad litem, with the exception of acting as legal counsel for the juvenile.

   (3) Accordingly, the following shall apply:

   (a) In serving as advocate for the juvenile to protect his or her best interests, the guardian ad litem shall make an independent determination as to the juvenile's best interests, by considering all available information and resources. The guardian ad litem's determination as to best interests is not required to be consistent with any preferences expressed by the juvenile.

   (b) Upon making such determination, the guardian ad litem shall make such recommendations to the court and shall take the necessary actions to advocate and protect the best interests of the juvenile.

   (c) As legal counsel for the juvenile, the guardian ad litem shall be entitled to exercise and discharge all prerogatives to the same extent as a lawyer for any other party in the proceeding.

   (d) Where the juvenile expresses a preference which is inconsistent with the guardian ad litem's determination of what is in the best interests of the juvenile, the guardian ad litem shall assess whether there is a need to request the appointment of a separate legal counsel to represent the juvenile's legal interests in the proceeding. In making such assessment, the guardian ad litem shall consider:

   (i) The juvenile's age,

   (ii) The juvenile's capacity,

   (iii) The juvenile's level of maturity, and

   (iv) The nature of the inconsistency between the juvenile's expressed preference and the guardian ad litem's determination as to the juvenile's best interests.

   (e) After making such assessment, the guardian ad litem shall request the court to make a determination whether special reasons exist for the court to appoint separate legal counsel to represent the legal interests of the juvenile where the guardian ad litem determines all of the following:

   (i) That the juvenile's expressed preference represents a communication that is made by a juvenile of sufficient age, capacity, and maturity;

   (ii) That the juvenile's expressed preference is of significance to other matters or issues in the case affecting the juvenile, and is within the bounds of law and reality; and

   (iii) That the guardian ad litem believes that it would be a conflict of interest for the guardian ad litem to continue to act as legal counsel for the juvenile in light of the preference expressed by the juvenile.

   (f) In any situation where the guardian ad litem has been appointed to represent more than one juvenile within the same case, the guardian ad litem shall ascertain throughout the case whether the guardian ad litem's advocacy of the legal and best interests of any one juvenile would be adverse to or conflict with the legal and best interests of any other juvenile represented by the same guardian ad litem. Where the guardian ad litem reasonably believes that to continue as guardian ad litem for all of the juveniles would be problematic in this specific regard, the guardian ad litem shall apply to the court for the appointment of a separate guardian ad litem and/or legal counsel for the juvenile(s). Where any juvenile has expressed a preference or position regarding a certain matter or issue, the guardian ad litem shall utilize the standards set forth in § 6-1468(C)(3)(e) above.

   (g) If the court exercises its statutory authority to appoint separate legal counsel, such counsel shall represent the juvenile's legal interests. The guardian ad litem shall continue to advocate and protect the juvenile's social and best interests as defined under the Nebraska Juvenile Code.

   (D) Authority of Guardian Ad Litem.

   (1) Access to information and juvenile.

   (a) The guardian ad litem is entitled to receive all pleadings; notices, to include timely notices of change of placement; and orders of the court filed in the proceeding, and should make reasonable efforts to obtain complete copies of the same.

   (b) The guardian ad litem is entitled to receive copies of all case plans and court reports prepared by the Nebraska Department of Health and Human Services, the Nebraska Foster Care Review Office, and any Court Appointed Special Advocate (CASA), as well as reports, summaries, evaluations, records, letters, and documents prepared by any other provider which the guardian ad litem deems relevant to the best interests or legal rights of any juvenile represented by the guardian ad litem. Where these documents are not provided as a matter of course to the guardian ad litem, they shall be provided upon the request of the guardian ad litem.

   (c) The guardian ad litem, standing in lieu of the parent for a protected juvenile who is the subject of a juvenile court petition shall also have the same right as the juvenile's legal guardian to (1) obtain information from all professionals and service providers, including, but not limited to, verbal communications and written reports, summaries, opinions, and evaluations, and information regarding the juvenile's placement; and (2) to receive notice of and participate in all conferences, staffings or team meetings, and hearings relating to the juvenile's health, education, placement, or any other matter which in the opinion of the guardian ad litem is relevant to, or which affects, the best interests or legal rights of the juvenile.

   (d) The guardian ad litem is authorized to communicate with and respond to inquiries for information regarding the juvenile made by the Nebraska Foster Care Review Office, the Department of Health and Human Services case manager, or CASA.

   (e) The guardian ad litem is authorized to make announced or unannounced visits to the juvenile at his or her home or placement or at any location at which the juvenile may be present.

   (f) The court should facilitate the guardian ad litem's authority to obtain information regarding the juvenile by including the following language, or language substantially similar thereto, in its initial order of appointment of the guardian ad litem:

   "The guardian ad litem appointed herein by this Court shall have full legal authority to obtain all information which relates to the above-named juvenile.

   "To that end, the guardian ad litem is hereby authorized by this Court to communicate verbally or in writing with any agency, organization, person, or institution, including, but not limited to, any school personnel, counselor, or drug or alcohol treatment provider; or police department or other law enforcement agency; any probation, parole, or corrections officer; any physician, psychiatrist, psychologist, therapist, nurse, or mental health care provider; or any hospital, clinic, group home, treatment group home, residential or mental health treatment facility, or youth rehabilitation treatment center; any social worker, case manager, or social welfare agency, including the Nebraska Department of Health and Human Services and its employees and administrators; any person or agency or institution charged with supervising visitation; or any family member, guardian, foster parent, or any other person.

   "The guardian ad litem is further hereby authorized to obtain from all persons, organizations, or entities, including, but not limited to, those described in the paragraph above, all information, including, but not limited to, the inspection of, and obtaining of complete copies of records, reports, summaries, evaluations, correspondence, written documents, or other information, orally or in any media form, which relate to the above-named juvenile even if such information concerns his or her parents, or any other person or any situation that the guardian ad litem deems necessary in order to properly represent the juvenile's interests."

   (E) Duties of Guardian Ad Litem.

   (1) Consultation with juvenile.

   (a) The phrase "consultation with the juvenile," as used in the Nebraska Juvenile Code, generally means meeting in person with the juvenile, unless prohibited or made impracticable by exceptional circumstances, as set forth in § 6-1468(E)(1)(d) below.

   (b) The guardian ad litem should consult with the juvenile when reasonably possible and at those times and intervals as required by the Nebraska Juvenile Code.

   (c) In addition to the statutorily required intervals for consulting with the juvenile, when possible, the guardian ad litem should consult with the juvenile when:

   (i) The juvenile requests that the guardian ad litem meet with him or her;

   (ii) The guardian ad litem has received notification of any emergency, or other significant event or change in circumstances affecting the juvenile, including a change in the juvenile's placement; and

   (iii) Prior to any hearing at which substantive issues affecting the juvenile's legal or best interests are anticipated to be addressed by the court.

   (iv) The guardian ad litem should make every effort to see the juvenile in his or her placement at least once, with respect to each such placement.

   (d) Where an unreasonable geographical distance is involved between the location of the juvenile and the guardian ad litem, the guardian ad litem should explore the possibility of obtaining from the court an advance determination that the court will arrange for the payment or reimbursement of the guardian ad litem's reasonable expenses incurred in connection with the travel to meet with the juvenile.

   (e) "Exceptional circumstances" generally include, but are not limited to, those situations where an unreasonable geographical distance is involved between the location of the guardian ad litem and the juvenile. Where such exceptional circumstances exist, the guardian ad litem should attempt consultation with the juvenile by other reasonable means, including, but not limited to, telephonic means, assuming that the juvenile is of sufficient age and capacity to participate in such means of communication and there are no other barriers preventing such communication. Where consultation by telephonic means is also not feasible, the guardian ad litem should seek direction from the court as to any other acceptable method by which to accomplish such consultation with the juvenile.

   (2) Inquiry and consultation with others.

   (a) The guardian ad litem is required to make inquiry of the juvenile's caseworker, foster parent, or legal custodian and any other person directly involved with the juvenile who may have knowledge about the case or the development of the juvenile. The guardian ad litem should also make inquiry of any other persons who have knowledge or information relevant to the juvenile's best interests. The guardian ad litem may obtain such information through the means of direct inquiry, interview, or the discovery process.

   (b) The guardian ad litem has a duty to read and comprehend the court reports prepared by the Nebraska Department of Health and Human Services, the Nebraska Foster Care Review Office, the CASA volunteer, and from all other persons or providers assigned to the case who prepare and present such reports to the court.

   (3) Report and recommendations to court.

   (a) The guardian ad litem has a duty to make written recommendations to the court in the form of a report regarding the temporary and permanent placement of the protected juvenile. Because the guardian ad litem is also required by statute to consider any other information "as is warranted by the nature and the circumstances of the particular case," the guardian ad litem's report should include written recommendations to the court regarding any other matter that affects or would affect the legal and best interests of the protected juvenile.

   (b) The guardian ad litem is required to submit a written report to the court at every dispositional hearing and review hearing. The information contained in the report of the guardian ad litem should include, but is not limited to, the following information:

   (i) Dates of, and description of, the type of contact and communication with the juvenile;

   (ii) Listing of documents reviewed;

   (iii) The guardian ad litem's concerns regarding any specific matters or problems which, in the opinion of the guardian ad litem, need special, further, or other attention in order to protect or facilitate the juvenile's legal and best interests; and

   (iv) The guardian ad litem's assessment of and recommendations regarding the juvenile's placement in light of his or her needs and legal and best interests.

   (c) To assist the guardian ad litem in preparing the written report, the guardian ad litem shall use the "Report of Guardian Ad Litem" form found at Appendix 9.

   (4) Participation in court proceedings.

   (a) The guardian ad litem shall attend all hearings unless expressly excused by the court.

   (b) The guardian ad litem may testify only to the extent allowed by the Nebraska Rules of Professional Conduct.

   (c) Where the guardian ad litem is unable or unavailable to attend a hearing due to reasons such as personal illness, emergency, involvement in another court hearing, or absence from the jurisdiction, such guardian ad litem may make proper arrangements for another attorney to attend the hearing as long as no other party objects and as long as the hearing is not anticipated to be a contested evidentiary hearing. In such a situation, the guardian ad litem does not need to be excused from attendance at the hearing.

   (d) The guardian ad litem should advocate for the juvenile to be present at all court hearings as appropriate and take steps where necessary to ensure such attendance on the part of the juvenile.

   (5) Duty to provide quality representation.

   (a) Any attorney appointed by the court to serve as a guardian ad litem for a juvenile, or to provide guardian ad litem services for juveniles, is expected to provide quality representation and advocacy for the juveniles whom he or she is appointed to represent, throughout the entirety of the case.

   (b) To that end, a guardian ad litem should not accept workloads or caseloads that by reason of their excessive size or demands, including, but not limited to, factors such as the number of children represented at any given time, interfere with or lead to the breach of the professional obligations or standards required to be met by a guardian ad litem by statute or by court rules.

   (c) Attorneys should not accept caseloads or appointments to serve as a guardian ad litem or to provide guardian ad litem services that are likely to, in the best professional judgment of the appointed attorney, lead to the provision of representation or service that is ineffective to protect and further the interests of the juvenile, or likely to lead to the breach of professional obligations of the guardian ad litem.

   (F) Termination of Authority of Guardian Ad Litem.

   (1) The authority of the guardian ad litem shall commence upon appointment by the court and shall continue in that case until such time as the court terminates its jurisdiction.

   (2) The guardian ad litem may voluntarily withdraw from representation in any case where the guardian ad litem files a motion to withdraw, and the court, in its discretion, enters a corresponding order granting such withdrawal.

   (3) A guardian ad litem may be removed from a case by the court for cause, where the court finds that the guardian ad litem's performance is inadequate, that the guardian ad litem has substantially failed to discharge duties or act to protect the best interests of the juvenile(s) for whom the guardian ad litem was appointed, or that any other factor or circumstance prevents or substantially impairs the guardian ad litem's ability to fairly and fully discharge his or her duties. In determining whether removal of the guardian ad litem is warranted in a particular case, the court should assess the guardian ad litem's performance under the requirements and standards of practice imposed upon a guardian ad litem by both the Nebraska Juvenile Code as well as by § 6-1468.

   (G) Compensation for Guardians Ad Litem Not Covered by Multi-Case Contract.

   (1) The Supreme Court may establish a statewide uniform minimum hourly rate of compensation for guardians ad litem.

   (2) Generally, no distinction should be made between rates for services performed in and outside of court, and the same rate should be paid for any time the attorney spends traveling in fulfilling his or her obligations as the guardian ad litem.

   (3) Guardians ad litem shall be compensated for all hours reasonably necessary to provide quality legal representation as documented in fee applications.

§ 6-1468 adopted June 24, 2015; § 6-1468 amended November 17, 2021, effective January 1, 2022.

   (A) Purpose and Definitions.

   (1) The purpose of these practice standards is to ensure that the best interests of persons under disability or alleged disability who come before the court in proceedings under the Nebraska Probate Code are effectively represented by their court-appointed guardian ad litem. The appointment of a guardian ad litem under these proceedings does not remove the right to separate legal counsel as provided in the Nebraska Probate Code.

   (2) Where the word "person" is used in these standards, the term shall include the following: allegedly incapacitated person, incapacitated person, ward, protected person, minor, or any other person for whom a guardian ad litem may be appointed under the Nebraska Probate Code.

   (B) Appointment.

   (1) Under Neb. Rev. Stat. § 30-4202, only a lawyer duly licensed by the Nebraska Supreme Court may be appointed to serve as a guardian ad litem in proceedings under the Nebraska Probate Code.

   (2) When feasible, the duties of a guardian ad litem should be personal to the appointed lawyer and should not normally be delegated to another lawyer.

   (3) Prior to appointment as guardian ad litem, the lawyer shall fulfill the training requirements as set forth in section (G) of these standards.

   (4) A guardian ad litem appointed pursuant to the Nebraska Probate Code may act as his or her own lawyer, and as a lawyer for the person who is the subject of the proceeding unless such person obtains his or her own lawyer, or requests separate counsel be appointed.

   (C) Role of Guardian Ad Litem.

   (1) Under Neb. Rev. Stat. § 30-4203(2), a guardian ad litem may perform those duties normally performed by a lawyer, including:

   (a) Conducting discovery, presenting witnesses, cross-examining witnesses, presenting evidence, filing motions, and appealing any decisions regarding the person for whom he or she has been appointed;

   (b) Entering into stipulations and agreements concerning such person deemed by the guardian ad litem to be in such person's best interests.

   (2) Where a lawyer has already been or is appointed to represent the legal interests of the person, or where such person has hired or does hire his or her own lawyer, the guardian ad litem shall function only to advocate for the best interests of the person.

   (3) Accordingly, the following shall apply:

   (a) In serving as advocate for the person's best interests, the guardian ad litem shall make an independent determination by considering all available information and resources. Such determination is not required to be consistent with any preferences expressed by the person.

   (b) Upon making such determination, the guardian ad litem shall make such recommendations to the court and shall take the necessary actions to advocate and protect the best interests of the person.

   (c) Where the person expresses a preference which is inconsistent with the guardian ad litem's determination of best interests, the guardian ad litem shall immediately inform the court that a conflict of interest is present and request the court make a determination whether special reasons exist for the court to appoint separate legal counsel to represent the person's legal interests in the proceeding. The guardian ad litem may also request counsel, and the court may appoint counsel for the guardian ad litem pursuant to § 30-4202.

   (d) If the court exercises its statutory authority to appoint separate legal counsel, such counsel shall represent the person's legal interests. The guardian ad litem shall continue to advocate the person's best interests and defend the person's social, economic, and safety interests in compliance with Neb. Rev. Stat. § 30-4203(1)(b) and (f).

   (D) Authority of Guardian Ad Litem.

   (1) A guardian ad litem shall have access to all information as provided by Neb. Rev. Stat. §§ 30-4203 and 30-4204, and any other information by order of the court.

   (2) A guardian ad litem shall have access to the person for whom the guardian ad litem has been appointed, including announced or unannounced visits to the person at his or her home or at any location at which such person may be present.

   (3) Pursuant to Neb. Rev. Stat. § 30-4208, a guardian ad litem shall not have indirect or direct physical control over a person for whom the guardian ad litem has been appointed, nor shall a guardian ad litem have indirect or direct control over the property or affairs of a person for whom the guardian ad litem has been appointed.

   (4) The court should facilitate the guardian ad litem's authority to obtain information and access to the person by court order.

   (E) Duties of Guardian Ad Litem.

   (1) The guardian ad litem shall fulfill all duties outlined by Neb. Rev. Stat. §§ 30-4203(1) and 30-4206(1) and any other duties as directed by court order.

   (2) Consultation with the person.

   (a) The guardian ad litem should further consult with the person for whom he or she was appointed when reasonably possible and at those times and intervals as required by the Nebraska Probate Code.

   (b) Where an unreasonable geographical distance is involved between the location of the person and the guardian ad litem, the guardian ad litem should explore the possibility of obtaining from the court an advance determination that the court will arrange for the payment or reimbursement of the guardian ad litem's reasonable expenses incurred in connection with the travel to meet with the person.

   (3) Reports and recommendations to the court.

   (a) The guardian ad litem shall submit a written report to the court as required by Neb. Rev. Stat. § 30-4205 or otherwise ordered by the court. The report shall be provided to the court at least one (1) week prior to the hearing. A copy of the report shall be provided to all interested persons.

   (b) To assist the guardian ad litem in preparing the written report, the guardian ad litem shall use the "Report of Guardian Ad Litem" forms found on the Nebraska Supreme Court website. See Appendices 11 and 12.

   (4) Participation in court proceedings.

   (a) The guardian ad litem shall attend all hearings unless expressly excused by the court.

   (b) The guardian ad litem may testify only to the extent allowed by the Nebraska Rules of Professional Conduct.

   (c) Where the guardian ad litem is unable or unavailable to attend a hearing due to reasons such as personal illness, emergency, involvement in another court hearing, or absence from the jurisdiction, such guardian ad litem may make proper arrangements for another attorney to attend the hearing as long as no other party objects and as long as the hearing is not anticipated to be a contested evidentiary hearing. In such a situation, the guardian ad litem does not need to be excused from attendance at the hearing.

   (5) Duty to provide quality representation.

   (a) Any attorney appointed by the court to serve as a guardian ad litem is expected to provide quality representation and advocacy for the person throughout the entirety of the case.

   (b) Attorneys should not accept caseloads or appointments to serve as a guardian ad litem or to provide guardian ad litem services that are likely to, in the best professional judgment of the appointed attorney, lead to the provision of representation or service that is ineffective to protect and further the interests of the person, or likely to lead to the breach of professional obligations of the guardian ad litem.

   (F) Duration of Appointment.

   Under Neb. Rev. Stat. § 30-4209, the authority of the guardian ad litem shall commence upon appointment by the court and shall continue in that case until such time as the court allows the guardian ad litem to withdraw, terminates the appointment of the guardian ad litem, removes or suspends the guardian ad litem, or appoints the guardian ad litem to serve in another capacity.

   (G) Education Requirements.

   To be considered a candidate for appointment as a guardian ad litem in a probate proceeding, an attorney shall have completed 6 hours of specialized training provided online by the Administrative Office of the Courts Judicial Branch Education Division prior to an initial appointment. Thereafter, in order to maintain eligibility to be appointed and to serve as a guardian ad litem, an attorney shall complete 1 hour of specialized training per year as provided by the Administrative Office of the Courts Judicial Branch Education Division. Courts shall appoint attorneys trained under these standards in all cases when available; provided, however, that if the judge determines that an attorney with the training required herein is unavailable within the area, he or she may appoint an attorney without such training and the attorney must agree to complete the 6-hour online training within 7 days of the appointment.

§ 16-1469 adopted January 25, 2017.

   (A) General Purpose, Objectives, and Scope.

   (1) The purpose of these guidelines is to ensure high quality legal representation by all attorneys appearing before the juvenile court. These practice guidelines do not replace ethical obligations under the Nebraska Rules of Professional Conduct, Neb. Ct. R. of Prof. Cond. § 3-501.0 et seq., and are meant to set out a minimum level of competent practice as guidelines for attorneys appearing before the juvenile court. All attorneys shall discharge their duties in accordance with the Nebraska Rules of Professional Conduct.

   (2) These guidelines acknowledge that the goal of juvenile court is to ensure the rights of juveniles; to promote the best interests, safety, permanency of children, and rehabilitation of families; and to provide fair hearings where parties' rights are recognized and enforced, consistent with Neb. Rev. Stat. § 43-246.

   (3) These guidelines are meant to be read in conjunction with Neb. Ct. R. §§ 6-1468 and 6-1705, practice standards for guardians ad litem for juveniles in juvenile court proceedings, and are not intended to replace or supersede them.

   (B) Responsibilities of Attorneys to Ensure High Quality Legal Representation.

   (1) Defense counsel for juveniles.

   (a) Counsel should elicit the juvenile's point of view and encourage full participation.

   (b) Counsel should use developmentally appropriate language to advise the juvenile in all matters.

   (c) Counsel should consult with the juvenile prior to all hearings, including detention hearings.

   (d) Before the first appearance, the attorney should explain the purposes of the juvenile code, consequences of the court finding the allegations of the petition to be true, and rights advisory [Neb. Rev. Stat. § 43-249].

   (e) The attorney should provide the client with copies of all pleadings and orders in their case.

   (f) When appropriate, counsel should obtain records, including by means of issuing a subpoena, concerning the juvenile's mental health; educational background and/or abilities; documents detailing school achievement and discipline; positive community or extracurricular activities; employment; involvement in the child welfare system; and prior police and court involvement.

   (g) Using sound discretion, the attorney should review with his or her client contents of all reports, service plans, case documents, and other materials relevant to the proceedings, including those identified in section (f) and take steps to verify the veracity of facts contained therein.

   (h) Counsel shall communicate every plea offer extended to the juvenile and should obtain the juvenile's permission prior to discussing the plea offer with the juvenile's parent, guardian, or custodian.

   (i) Counsel should explain to the juvenile how and when to communicate with counsel during the hearing and appropriate behavior expected in a courtroom.

   (j) Counsel should present evidence of material defenses, which may include capacity based on age, and concepts of adolescent development.

   (k) Counsel should make reasonable efforts to obtain current information of potential services and placement options for the juvenile.

   (l) Counsel should explain the dispositional process and disposition alternatives with the juvenile. Counsel should obtain the juvenile's permission before discussing with the client's parent, guardian, or custodian the dispositional process and, if the juvenile's permission is obtained, counsel should inquire about the willingness of the parent, guardian, or custodian to support the juvenile's proposed disposition alternatives.

   (m) Counsel shall not recommend a disposition to the court without the juvenile's consent.

   (n) Counsel shall review the content of the predisposition investigation report with the juvenile prior to disposition.

   (o) Counsel should advise the juvenile concerning the disclosure of the juvenile's record and the legal mechanisms available to seal the record.

   (p) Counsel should assist in legal needs of the juvenile by providing zealous representation in all stages of the proceedings, all hearings and matters which include, but are not limited to, further disposition hearings; revocation hearings; modification of terms of probation hearings; hearings for the purpose of committing the client to the Youth Rehabilitation and Treatment Center; investigating safety and well-being complaints in institutions; and problems that may require a new placement option.

   (q) The potential for conflict of interest between an accused juvenile and his or parent, guardian, or custodian should be clearly recognized and acknowledged. All parties should be informed that the attorney is counsel for the juvenile and that in the event of disagreement between a parent, guardian, or custodian, and the juvenile, the attorney represents the interests of the juvenile. Further, meetings that include the parent, guardian, or custodian may not provide the protection of privilege to the juvenile’s statements to his or her attorney.

   (2) Prosecuting attorneys.

   (a) The primary duty of the prosecutor is to seek justice while fully and faithfully representing the interests of the State. While the safety and welfare of the community, the victim(s), and juvenile(s) under Neb. Rev. Stat. § 43-247(3)(a) are the primary concerns, prosecuting attorneys should consider the special circumstances and rehabilitative potential of the juvenile in delinquency, status offense, or Neb. Rev. Stat. § 43-247(3)(c) cases, or of a parent, guardian, or custodian in a Neb. Rev. Stat.§ 43-247(3)(a) case to the extent they can do so without unduly compromising their primary concern.

   (b) In determining whether to file formally or to offer pretrial diversion or mediation in cases under Neb. Rev. Stat. § 43-247(1), (2), (3)(b), or (4), the prosecutor should follow Neb. Rev. Stat. §§ 43-274 and 43-276.

   (c) Prosecutors should make transfer motion decisions on a case-by-case basis and take into account the individual factors set forth in Neb. Rev. Stat. § 43-276.

   (d) The decision to enter into a plea agreement should be governed by the interests of justice and Neb. Rev. Stat. § 43-246. The prosecutor should also consider the juvenile's, parent's, guardian's, or custodian's potential for rehabilitation.

   (e) For dispositions, the prosecutor should make a recommendation consistent with community safety after reviewing reports prepared by prosecutorial staff, the Department of Health and Human Services, the probation department, and others. In making a recommendation, the prosecutor should seek the input of the victim(s), or juvenile(s) in a Neb. Rev. Stat. § 43-247(3)(a) case, and consider the rehabilitative needs of the juvenile in delinquency, status offense, or Neb. Rev. Stat. § 43-247(3)(c) cases, or parent, guardian, or custodian in Neb. Rev. Stat. § 43-247(3)(a) cases, provided that they are consistent with community safety and welfare.

   (f) The prosecutor should consider the victim's input at all phases of the case. At the dispositional hearing, the prosecutor should make the court aware of the impact of the juvenile's conduct on the victim and the community. The prosecutor should also be required to keep victims informed at all stages of the proceedings if requested by the victim.

   (3) Attorneys that represent a parent, guardian, or custodian in juvenile court.

   (a) The attorney should explain the rights of the parent, guardian, or custodian to information and decisionmaking regarding the child(ren) while the child(ren) is under the jurisdiction of the juvenile court.

   (b) The attorney should provide the client with copies of all petitions, court orders, service plans, and other relevant case documents, including reports regarding the child(ren) except when expressly prohibited by law, rule, or court order. The attorney should review with his or her client, and take reasonable steps to verify the veracity of facts contained in all reports, service plans, and case documents relevant to their proceedings.

   (c) The attorney should be aware of the unique issues of an incarcerated parent, guardian, or custodian.

   (d) The attorney should be aware of the client's mental health status and be prepared to assess whether the parent, guardian, or custodian can assist with the case.

   (e) The attorney should advocate for appropriate services for the parent, guardian, or custodian; this could include requesting a guardian ad litem for the client.

   (f) The attorney should consider and discuss the possibility of appeal with the parent, guardian, or custodian.

   (g) The attorney should conduct discovery as necessary.

   (4) Agency and tribal attorneys.

   (a) Agency or tribal attendance at hearings is not required for all juvenile cases in which the agency or tribe is an interested party.

   (b) Once counsel for the agency or tribe has entered an appearance, the agency's or tribe's counsel is entitled to recognition as an attorney of record in the case. In addition, the agency's or tribe's counsel is responsible for identifying an address for which all pleadings, documents, exhibits, and other correspondence are to be sent.

   (c) The agency's or tribe's attorney role is to represent the agency or tribe and advocate for the agency's or tribe's position in a way that is consistent with agency and tribal standards.

   (d) The agency or tribal attorneys, or tribal representatives (see Neb. Rev. Stat. § 43-1504(3)) may offer evidence, file motions, and request hearings as necessary.

   (C) Duties of Attorneys.

   (1) Consultation with client.

   (a) The phrase "consultation with client" generally means meeting in person unless prohibited or made impracticable by exceptional circumstances as set forth herein.

   (b) Attorneys should consult with their client as soon as possible after being retained or appointed and as necessary thereafter when reasonably possible and at all those times and intervals as required by the Nebraska Juvenile Code.

   (c) Contact through distance technology may be used if in person contact is prohibited by distance and/or any other reason or circumstance that otherwise inhibits in person communication.

   (d) Where an unreasonable geographical distance is involved between the location of the client and the appointed attorney, the appointed attorney should explore the possibility of obtaining from the court an advance determination that the court will approve payment or reimbursement of the attorney's reasonable expenses, consistent with court appointment fees and expense rate in that judicial district, in connection with the travel to meet with the client.

   (2) Participation in court hearings.

   (a) Prosecutors, attorneys for juveniles, parents, guardians, and custodians should attend all court hearings unless excused by the court. All other attorneys should attend as requested by their client.

   (b) When feasible, the duties of appointed counsel should be personal to the attorney and should not normally be delegated to another person or lawyer. Where an attorney is unable or unavailable to attend a hearing due to reasons such as personal illness, emergency, involvement in another court hearing, or absence from the jurisdiction, such attorney should make proper arrangements for another attorney to attend the hearing. It is the responsibility of the attorney making such arrangements to ensure that the attorney who assumes his or her duties is qualified as provided by these guidelines.

   (c) Attorneys representing juveniles, parents, guardians, or custodians should advocate for their clients to be present at all court hearings as appropriate and should take steps where necessary to ensure such attendance on the part of the client.

   (3) Duty to provide quality representation.

   (a) Any attorney appearing in juvenile court is expected to acquire sufficient working knowledge of the Nebraska Juvenile Code and all relevant federal laws, state laws, regulations, policies, and rules.

   (b) Attorneys should not accept caseloads that are likely to lead to representation that is ineffective to protect the interests of their client or likely to breach the professional obligations of the attorney.

   (c) Attorneys should attend and participate in case planning, family group decisionmaking, and other meetings a client may have with the child welfare agency. In the event it is impracticable to attend the meeting, the attorney should timely follow up with applicable professionals involved.

   (d) Counsel should inform the client of the right to appeal a final order and explain the consequences of the decision to waive an appeal.

   (D) Termination of Authority.

   (1) The authority of the attorney shall commence upon appointment or entry of appearance by retained counsel, and shall continue until such time as the court terminates its jurisdiction, or there are no scheduled review hearings in court, or the court otherwise discharges the attorney.

   (2) An attorney may withdraw from representation when the attorney files a motion to withdraw, and the court, in its discretion, enters a corresponding order granting such withdrawal. Termination of representation may only be sought or granted if it is in compliance with Neb. Ct. R. § 3-501.16.

   (3) Judges are encouraged to make inquity of appointed attorneys that fail to fully comply with these guidelines. An appointed attorney may be removed from a case for cause, where the court finds that the attorney's performance is inadequate, that the attorney has failed to discharge duties or to protect the interests of the client for whom the attorney was appointed, or that any other factor or circumstance prevents or substantially impairs the attorney's ability to fairly and fully discharge his or her duties.

   (E) Compensation for Court-Appointed Attorneys.

   (1) An attorney appointed by a court shall be paid at the hourly rate established by the court.

   (2) Generally, no distinction should be made between rates for services performed in and outside of court, and the same rate should be paid for any time the attorney spends traveling in fulfilling his or her professional obligations.

   (F) Education.

   (1) Appointed counsel. To be considered a candidate for appointment in a juvenile case under the Nebraska Juvenile Code for a juvenile, parent, guardian, or custodian, an attorney should have completed sufficient continuing legal education relating to the Nebraska Juvenile Code and practice in the Nebraska juvenile courts.

   (2) Retained or other counsel. Attorneys who are not appointed by the court to represent juveniles, parents, guardians, or custodians, and are either privately retained or represent the State, other agencies, or tribes, are encouraged to obtain education that furthers compliance with these guidelines and includes education regarding the Nebraska Juvenile Code or education related to the attorney's specific practice in the juvenile courts.

§ 6-1470 adopted September 27, 2017; § 6-1470 amended June 15, 2022.

   (A) Moving Party's Materials in Support of Motion. When a motion for summary judgment or partial summary judgment is filed, the moving party must simultaneously file with the clerk and serve on all parties of record:

   (1) an Evidence Index in Support listing all evidence to be offered in support of the motion for summary judgment; and

   (2) an Annotated Statement of Undisputed Facts setting forth concise, numbered paragraphs reciting each proposed material fact as to which the moving party contends there is no genuine dispute, annotated by pinpoint citation to the supporting evidence in the Evidence Index in Support.

   Failure to submit such a Statement may constitute grounds for denial of the motion.

   (B) Opposing Party's Materials in Opposition. Each party opposing a motion for summary judgment or partial summary judgment must file with the clerk and serve on all parties of record:

   (1) an Evidence Index in Opposition listing all evidence to be offered in opposition to the motion for summary judgment; and

   (2) an Annotated Statement of Disputed Facts setting forth concise, numbered paragraphs reciting each proposed material fact of the moving party as to which the opposing party contends there is a genuine dispute, annotated by pinpoint citation to the supporting evidence in the Evidence Index in Opposition.

   Failure to submit such a Statement may constitute grounds for sustaining the motion.

   (C) For purposes of this rule, where competing motions are filed, a party shall be considered as the moving party regarding a motion or motions asserted by that party and as an opposing party regarding a motion or motions asserted by another party.

   (D) The assigned judge is expected to schedule deadlines for compliance with this rule and the summary judgment statutes so as to ensure a fair opportunity for all parties to present their evidence. The judge may, in the judge's discretion, extend any deadline for compliance with any requirement under this rule.

§ 6-1471 adopted September 5, 2018.

   (A) Sworn testimony offered in support of judicial determinations of probable cause for persons arrested without warrant shall be in an affidavit or, with the consent of the court, submitted verbally and recorded. Sworn testimony offered in support of orders for identification procedures shall be in affidavit form pursuant to Neb. Rev. Stat. § 29-3303.

   (1) Sworn testimony submitted in an affidavit shall be filed with the court and shall be public record upon the filing of a criminal complaint, unless sealed by the judge upon request of either party or on the court’s own motion, citing specific good cause for sealing the information. A copy of the probable cause affidavit or record of verbal sworn testimony shall be provided to appointed or retained legal counsel for the defendant upon request.

   (2) Sworn testimony submitted verbally shall be recorded and the recordings maintained pursuant to Records Retention Schedule 18 for County Courts.

   (a) The recording or a transcript of the recording shall be public record upon filing of a criminal complaint unless ordered sealed by the judge citing specific cause for protecting the information.

   (b) Copies of the recording or a transcript of the recording shall be available pursuant to § 6-1405 unless the record is ordered sealed.

   (B) Judge’s orders under this rule shall be part of the court file and shall be public record upon the issuance of the order, unless sealed by the judge upon request of either party or on the court’s own motion, citing specific cause for sealing the information.

§ 6-1472 adopted January 23, 2019.

   (A) Registration of foreign judgments from other United States jurisdictions. Upon the filing of a foreign judgment and affidavit as required by Neb. Rev. Stat. § 25-1587.04, the clerk shall, within 10 days of such filing, mail notice of the filing of the foreign judgment to the judgment debtor at the address provided within the affidavit.

   (B) Registration of Canadian money judgments. Upon receipt of a registration that includes the required documents and information as set forth in statute, any payment of the fee as for registration of a foreign judgment under § 25-1587.06, the clerk shall file the registration, assign a docket number, and enter the Canadian judgment in the court's docket.

§ 6-1473 adopted June 23, 2021, effective August 28, 2021. 

   (A) On or before January 1, 2022, the county court, district court, and separate juvenile court judges within each judicial district shall jointly adopt a local rule setting out the procedures governing emergency modified court operations in their judicial district.

   (B) Such local rule shall include, but not be limited to:

   (1) Establishing criteria for how the judicial district will determine when emergency modified court operations should be implemented, and when normal court operations should resume;

   (2) Listing the stakeholders within the judicial district to include in planning and implementing any emergency modified court operations.

   (3) Identifying who within the judicial district will coordinate and facilitate communication with the group of justice stakeholders to plan and implement any emergency modified court operations plan;

   (4) Listing all mission essential functions to be considered and addressed in any emergency modified court operations plan; and

   (5) Identifying how court users and the public will be informed when emergency modified court operations are implemented and when they are discontinued.

   (C) Such local rule shall be governed by § 6-1448.

§ 6-1474 adopted November 24, 2021.

   To the extent these rules are inconsistent with Neb. Ct. R. § 2-201 et seq. those rules govern cases filed electronically. Stated another way, if another court rule permits a paper filing, or references a paper filing, the provisions of Neb. Ct. R. § 2-201 et seq. still apply and require electronic filing and service by authorized users, and electronic notice by courts unless specifically excepted by Neb. Ct. R. § 2-201 et seq.

§ 6-1475 adopted June 9, 2021, effective January 1, 2022.

   This rule provides a process to ensure that a juvenile has consulted with counsel, and if not, is provided with the opportunity to consult with counsel prior to the juvenile exercising his or her right to waive his or her right to counsel.

   At the first appearance, when the petition alleges the juvenile to be within the provisions of subdivision (1), (2), (3)(b), or (4) of Neb. Rev. Stat. § 43-247 and the juvenile appears without counsel, or expresses the desire to waive the right to counsel, the court shall explain to the juvenile that the juvenile has a right to consult with counsel prior to waiving his or her right to counsel. The court shall inquire if the juvenile consulted with counsel prior to the appearance. If the juvenile did not consult with counsel, the court shall inquire if the juvenile wishes to consult with counsel prior to waiving his or her right to counsel. If the juvenile did not consult with counsel and does not wish to consult with counsel, the court may accept the waiver, provided the waiver complies with Neb. Rev. Stat. § 43-3102. If the juvenile wishes to consult with counsel prior to waiving his or her right to counsel, the court shall recess or continue the proceeding for the limited purpose of consulting on the waiver of the right to counsel and, if appropriate, appoint counsel as provided in Neb. Rev. Stat. § 43-272, or otherwise provide the juvenile with the opportunity to consult with counsel.

§ 6-1476 adopted May 19, 2022, effective July 1, 2022.

   These rules become effective September 1, 1995, supersede all existing local rules of practice, and shall govern the procedures in the district courts of the State of Nebraska.

   Each district court by action of a majority of its judges may from time to time recommend local rules concerning matters not covered by these rules and which are not inconsistent with any directive of the Nebraska Supreme Court or statutes of the State of Nebraska. Such recommended rules shall be submitted as provided in Neb. Ct. R. § 1-103(A). Such recommended rules shall become effective upon the approval of the Supreme Court, at which time they shall be published on the Supreme Court's website.

Rule 1 amended October 14, 1999; amended June 5, 2002. Renumbered and codified as § 6-1501, effective July 18, 2008; § 6-1501 amended September 7, 2022.

   The court may divide itself into such divisions in each district as it deems necessary for the effective administration of justice and may elect a presiding judge if necessary from among its number.

   (A) Form.

   (1) All pleadings filed electronically with the district court shall comply with Neb. Ct. R. App. P. § 2-103, (General formatting and service rules), as to page size, text, fonts, margins, and hyperlinking and bookmarks.

   (2) Paper pleadings may only be filed when the self-represented party is not a registered user of the court-authorized service provider. All pleadings filed in paper format shall be on white 8½ x 11-inch paper; printed on only one side of each sheet, and shall be bound by a paper clip and not stapled. Paper pleadings shall comply with all formatting requirements of § 2-103(A), and pages shall be sequentially numbered with placement of the page number at the bottom center of the page. Exhibits attached to pleadings shall be similarly prepared in permanent form, shall be readable, and shall not be subject to unusual fading or deterioration.

   (B) Identification of Pleadings: All complaints and petitions offered for filing shall plainly show the caption of the case, a description or designation of the contents, and on whose behalf they are filed. All further pleadings shall show the number of the case.

   (C) Orders: All proposed orders shall be by separate document and not a part of any other pleadings.

   (D) Copies.

   (1) For electronically filed cases in a civil action, the clerk shall provide copies of the initial pleading, together with all exhibits, or shall return the summons to the filing party electronically for attachment of copies for service.

   (2) For cases not filed electronically, upon the initial filing of a civil action, there shall be presented to the clerk clear and legible duplicate copies of each pleading, together with all exhibits, in sufficient number to provide one copy for each adverse party.

   (3) After the filing of the initial pleading, all other pleadings shall be served upon all opposing parties or their counsel pursuant to Neb. Ct. R. of Pldg. § 6-1105. Proof of service shall be as provided in § 6-1105(d).

   (E) Identification of Attorney: The name, address, Nebraska attorney identification number, email address, and the telephone number of the attorney handling the matter shall be stated on each pleading. Signatures shall be as provided in Neb. Ct. R. App. P. § 2-201(M).

   (F) Criminal Case Informations: Informations in criminal cases shall cite the statute under which each count of the information is brought and shall cite the class of offense and statute prescribing the penalty. A proposed amended pleading that is filed prior to obtaining leave of the court shall have no operative effect until the court grants leave to amend.

   (G) Improperly Filed Pleadings: Any pleading which does not conform to these rules will be subject to a motion to strike from the file or such other action as the court deems proper.

   (H) Attorneys: Active status verification. The court’s automated case management system may notify a court clerk that a filing has been received from an attorney who does not have an active license to practice law in Nebraska. Upon receipt of this notice, the clerk shall attempt to verify the attorney’s status as active. If the clerk cannot do so, the clerk shall notify the judge assigned to the case. If no judge has been assigned to the case, the clerk shall notify the presiding judge. See Neb. Rev. Stat. § 7-101.

§ 6-1503(H) amended May 8, 2013; § 6-1503(E) amended September 24, 2014, effective January 1, 2015; § 6-1503 amended June 9, 2021, effective January 1, 2022; § 6-1503 amended November 17, 2021, effective January 1, 2022.

   (A) All applications for temporary custody, support, and maintenance shall comply with Nebraska statutes.

   (B) All applications for temporary support and allowances shall be determined without testimony upon argument and affidavits setting forth information required by Nebraska Child Support Guidelines and Nebraska statutes.

   (C) A properly completed Department of Health and Human Services Vital Statistics form shall be filed with each complaint for dissolution of marriage, and no decree will be entered unless each form is completed in full.

   (D) If any case contains an order or judgment for child or spousal support, or for the payment of medical expenses, the order shall include the following statements:

   (1) Delinquent child or spousal support shall accrue interest at the following rate: [insert the rate in effect on judgments as published on the Nebraska Supreme Court website].

   (2) If immediate income withholding is not required by law to be ordered in a case and is not so ordered, the following statement shall be included as provided by Neb. Rev. Stat. § 42-364.13:

   In the event the obligor fails to pay any child support, spousal support, or other payment ordered to be made, as such failure is certified each month by the clerk or the State Disbursement Unit in cases in which court-ordered support is delinquent in an amount equal to the support due and payable for a one-month period of time, the obligor shall be subject to income withholding and may be required to appear in court and show cause why such payment was not made. In the event the obligor fails to pay and appear as ordered, a warrant shall be issued for his or her arrest.

   (3) If, regardless of whether payments are in arrears, the court orders income withholding pursuant to Neb. Rev. Stat. § 43-1718.01 or § 43-1718.02, the statement specified in § 6-1504(D)(2) shall be altered to read as follows as provided by Neb. Rev. Stat. § 42-364.13:

   In the event the obligor fails to pay any child, spousal support, or medical payment, as such failure is certified each month by the district court clerk or the State Disbursement Unit in cases in which court-ordered support is delinquent in an amount equal to the support due and payable for a one-month period of time, the obligor may be required to appear in court and show cause why such payment was not made. In the event the obligor (respondent or petitioner) fails to pay and appear as ordered, a warrant shall be issued for his or her arrest.

   (E) Any order for support presented to the court shall require the obligor to furnish to the clerk of the court his or her address, telephone number, social security number, the name of his or her employer, and the name of his or her health insurance carrier, if any, together with the number of the policy and the address at which claims are to be submitted. The obligor shall also be required to provide any other information the court deems relevant. The order shall further require the obligor to advise the clerk of any changes in such information until the judgment has been fully paid. If both parents are parties to the action, such order shall provide that each be required to furnish to the clerk of the court whether he or she has access to employer-related health insurance coverage and, if so, the health insurance policy information. Failure to comply with this subsection shall be punishable by contempt. Protection of confidential information shall be as set forth in Neb. Ct. R. § 6-1521.

   (F) A worksheet showing calculations under the Nebraska Child Support Guidelines shall be attached to every child support application, order, or decree and shall be prepared by the party requesting child support, except that in a contested matter the worksheet shall be prepared or adopted by the court and attached to the order or decree.

Rule 4(D)(2) and (3) amended April 17, 1996; Rule 4(F) amended January 3, 1997; Rule 4 amended May 19, 2004; Rule 4(D) deleted and (4)(E)-(G) renumbered to (4)(D)-(F)). Renumbered and codified as § 6-1504, effective July 18, 2008; § 6-1504 amended June 9, 2021, effective January 1, 2022.

   (A) Briefs: The standard form for all briefs shall be as set forth in Neb. Ct. R. App. P. § 2-103(A) and (C). Paper briefs, only submitted by non-attorneys, shall be as provided in § 2-103(C)(5).

   (B) Distribution: The original brief shall be filed with the clerk, with a copy served upon opposing counsel. The materials required by § 6-1526 shall be separately filed with the clerk. Nothing included in a brief shall be treated as a substitution for any required document under § 6-1526. Nothing included in a brief shall be treated as a substitution for the statement of errors required by § 6-1518(B).

   (C) Citations: Citation to authorities shall conform to generally accepted uniform standards of citation; citation of Nebraska cases shall include the Nebraska Reports or the Nebraska Appellate Reports and North Western Reporter citation.

§ 6-1505 amended June 9, 2021, effective January 1, 2022.

   (A) Civil cases in which a party has been named as a debtor in a voluntary or involuntary bankruptcy petition. In any civil case pending before this court in which a party has been named as a debtor in a voluntary or involuntary bankruptcy petition, a Suggestion of Bankruptcy and either (1) a certified copy of the bankruptcy petition, (2) a copy of the bankruptcy petition bearing the filing stamp of the clerk of the bankruptcy court, or (3) a copy of a "Notice of Bankruptcy Case Filing" generated by the Bankruptcy Court's electronic filing system shall be filed by the party named as a debtor or by any other party with knowledge of the bankruptcy petition. Upon the filing of the Suggestion of Bankruptcy and one of the three bankruptcy documents noted immediately above, no further action will be taken in the case by the court or by the parties until it can be shown to the satisfaction of the court that the automatic stay imposed by 11 U.S.C. § 362 does not apply or that the automatic stay has been terminated, annulled, modified, or conditioned so as to allow the case to proceed. Such a showing shall be made by motion.

   (B) Requests for disbursement of funds or distribution of property of or to a party named as a debtor in a bankruptcy proceeding. In any civil case in which a Suggestion of Bankruptcy and one of the three bankruptcy documents noted in § 6-1506(A) have been filed, no request for a disbursement of funds or distribution of property of or to a party named as a debtor shall be made, and no order disbursing funds or distributing property of or to a party named as debtor will be entered. A request for disbursement of funds or distribution of property may be made after a showing, satisfactory to the court, that such funds or property has been abandoned by the trustee in bankruptcy or that the funds or property has been exempted by the debtor in the bankruptcy proceedings or that the party named as debtor in the bankruptcy petition, rather than the trustee in bankruptcy, is otherwise entitled to disbursement of such funds or distribution of such property. Such a showing shall be made by affidavit of a party or by certificate of attorney.

Rule 6(A) and (B) amended October 23, 2002. Renumbered and codified as § 6-1506, effective July 18, 2008; § 6-1506 amended June 9, 2021, effective January 1, 2022.

   (A) Registration of foreign judgments from other United States jurisdictions. Upon the filing of a foreign judgment and affidavit as required by Neb. Rev. Stat. § 25-1587.04, the clerk shall, within 10 days of such filing, mail notice of the filing of the foreign judgment to the judgment debtor at the address provided within the affidavit.

   (B) Registraion of Canadian money judgments. Upon receipt of a registration that includes the required documents and information as set forth in statute, and payment of the fee as for registration of a foreign judgment under § 25-1587.06, the clerk shall file the registration, assign a docket number, and enter the Canadian judgment in the court's docket.

Rule 7 amended June 28, 1995. Renumbered and codified as § 6-1507, effective July 18, 2008; § 6-1507 amended June 23, 2021, effective August 28, 2021.

   When a party is entitled to have a monetary judgment or an amount determined to be due by default based upon a contract action, such party shall submit, with the order entering judgment, a statement of the principal amount due, which shall not exceed the amount sued for, showing credit for any payments and the amounts and dates thereof, and a separate computation of interest, if prayed for, to date of judgment. To such statement shall be appended an affidavit of the party or a certificate of his or her attorney showing that the party against whom judgment is sought is not a minor or incompetent person or in the military service, that such amount shown by the statement is justly due and owing, and that no part thereof has been paid except as set forth in the statement.

   When a party is entitled to a monetary judgment on all other actions, such party shall adduce evidence in proof of damages. Such evidence shall be under oath unless waived by the court. Such party, in addition, shall submit an affidavit of the party or the certificate of the party's attorney that the party against whom the judgment is sought is not a minor or incompetent person or in the military service.

   If further documentation, proof, or hearing is required, the court shall so notify the moving party.

§ 6-1508 amended June 9, 2021, effective January 1, 2022.

   It shall be the duty of attorneys to immediately notify the court of the dismissal, settlement, or other final disposition of any case. Upon notice to the court or to the clerk that an action has been settled, counsel shall file, within 30 days thereafter, unless otherwise directed by written order, such pleadings as are necessary to terminate the action; upon failure to do so, the court may order dismissal of the action without further notice and without prejudice to the right to secure reinstatement of the case within 60 days after the date of said order by making a showing of good cause as to why settlement was not in fact consummated.

   (A) Upon motion for withdrawal and notice to all counsel and the client involved, an attorney who has appeared of record in a case may be given leave to withdraw for good cause shown after filing with the clerk the motion, notice of hearing, and proof of service upon opposing counsel and the client involved. The motion shall certify that counsel has served the client and all counsel or self-represented parties, and shall include the client's current mailing address and whether there is a hearing currently scheduled in the matter.

   (B) Upon entry of any judgment or final order in any case, and after the time for appeal has expired, the attorney of record shall no longer be deemed to continue as the attorney of record unless he or she shall have entered a new appearance in the case.

   (C) When an attorney is discharged by his or her client, the attorney shall forthwith file notice thereof in the case and serve all opposing counsel and/or self-represented parties.

§ 6-1510 amended June 9, 2021, effective January 1, 2022; § 6-1510 amended November 17, 2021, effective January 1, 2022.

   (A) Attendance: All parties and their attorneys shall be present in the courtroom and prepared to proceed at the hour set for hearing by the court. Unjustified failure to appear shall subject the case to dismissal or disciplinary action to the attorneys concerned.

   (B) Attire: Attorneys shall be attired in ordinary business wear.

   (C) Conduct in Courtroom: When the judge enters the courtroom, those present shall rise and remain standing until the judge is seated. When sessions of court are recessed or concluded, those present shall remain in their seats until the judge or jury has left the courtroom.

   Except when it is necessary for counsel to approach a witness or exhibit, the examination of witnesses shall be conducted while seated at the counsel table or, if the courtroom is equipped with an attorney's lectern, from the lectern.

   Except upon express permission of the judge, all communications to the court shall be made from the counsel table or lectern.

   Counsel shall not approach opposing counsel, the bench, the witness, the court reporter's desk, the clerk's desk, or otherwise move from the counsel table or lectern without the permission of the court, except to make a voir dire examination, opening statement, or closing argument, or to present an exhibit for identification.

   Counsel shall not participate in colloquy with opposing counsel, whether audible or inaudible, without the permission of the court.

   If any counsel, including co-counsel, wishes to leave the courtroom, permission of the court shall be obtained. No counsel shall leave during the testimony of any witness he or she is examining, or has examined, without the permission of the court.

   Witnesses and parties shall be referred to and addressed by their surnames. Only one counsel for each party shall examine a witness or make objections during the testimony of such witness.

   Counsel shall not approach a witness without permission of the court.

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

   No person shall possess any firearm or other dangerous weapon in the courtroom or in any public area adjacent to it 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.

   Jurors, either prospective or selected, shall not mingle or converse with counsel, litigants, witnesses, or spectators during the trial of a case.

   (A) Sheriff's Duties: The sheriff or designated deputy shall be in attendance at all times when the court is in session, unless excused by the court.

The sheriff shall maintain order in the courtroom and shall correct or repress all improper deportment so as not to interrupt the orderly process of the court, without any express order from the court.

   (B) Bailiff's Duties: The bailiff shall have and carry out such duties as may be assigned to the bailiff by the court, including, but not limited to, the following:

Before beginning each session of court, the bailiff shall see that the jury and all required court personnel are in their proper places, and the bailiff shall notify the court. The bailiff shall be responsible for the comfort and welfare of any juror under the bailiff's charge and for compliance with the rules attendant on jurors. The bailiff shall immediately notify the court of all communications from the jurors to the bailiff, and the bailiff shall not respond to any such communication without the direction of the court.

   (C) Duties of the Clerk of the Court:

   (1) The clerk of the district court shall be present at all times during the sessions of the court, either in person or by deputy, unless excused by the court.

   (2) The clerk shall prepare and maintain such dockets and records as may be required by the court, Supreme Court rule, or the statutes of Nebraska.

   (3) The clerk shall have the following duties in addition to all statutory duties, if so directed by the court:

   (a) The clerk shall immediately, upon receipt, notify the court and sheriff of the return of any mandate from the Nebraska Supreme Court in every criminal case, and notify the court in every civil case.

   (b) The clerk shall have such other and additional duties, not inconsistent with the responsibilities of the office, as may be directed by the court.

   All court personnel, including, but not limited to, sheriffs, deputy sheriffs, court clerks, bailiffs, court reporters, law clerks, secretaries, or other employees of the court shall not disclose, without authorization by the court, to any person any information relating to a pending case that is not part of the public records of the court.

   Court personnel shall not communicate in any form or manner, directly or indirectly, with any member of a jury panel, any venireperson, or any juror any facts, opinions, or information of any nature directly or indirectly related to any cause pending before the court to which personnel are assigned.

   (A) Statements Not to be Made: A lawyer shall not make an extrajudicial statement that the lawyer knows or reasonably should know will have a substantial likelihood of materially prejudicing an adjudicative proceeding. An extrajudicial statement ordinarily is likely to have such an effect when it refers to a civil matter triable to a jury, or a criminal matter or proceeding that could result in incarceration, and the statement relates to:

   (1) The character, credibility, reputation, or criminal record of a party, suspect in a criminal investigation, or witness, or the identity of a witness, or the expected testimony of a party or witness;

   (2) The performance or results of any examination or test or the refusal or failure of a person to submit to an examination or test, or the identity or nature of physical evidence expected to be presented;

   (3) Any opinion as to the guilt or innocence of a defendant or suspect in a criminal case or proceeding that could result in incarceration; or

   (4) Information the lawyer knows or reasonably should know is likely to be inadmissible as evidence in a trial and would, if disclosed, create a substantial risk of prejudicing an impartial trial.

   (B) Statements Which May be Made: A lawyer involved in the investigation or litigation of a matter may state without elaboration:

   (1) The general nature of the claim or defense;

   (2) Information contained in a public record;

   (3) That investigation of the matter is in progress, including the general scope of the investigation, the offense, claim, or defense involved, and, except when prohibited by law, the identity of the person involved;

   (4) The scheduling or result of any step in litigation;

   (5) A request for assistance in obtaining evidence and information necessary thereto;

   (6) A warning of danger concerning the behavior of a person involved, when there is reason to believe that such danger exists; and

   (7) In a criminal case, a lawyer may disclose:

   (a) The identity, residence, occupation, and family status of the defendant or suspect;

   (b) If the defendant or suspect has not been apprehended, information necessary to aid in apprehension of that person;

   (c) The fact, time, and place of arrest, and resistance, pursuit, and use of weapons; and

   (d) The identity of investigating and arresting officers or agencies and the length of that investigation.

   Every purchaser at a judicial sale held by a sheriff, receiver, referee, or master commissioner, except a lienholder to the extent that he or she uses his or her lien as his or her bid, shall, at the time of acceptance of the bid, deposit with the sheriff, receiver, referee, or master commissioner, a sum equal to 15 percent of the bid to be held for disposition on the further order of the court.

   (A) Voir Dire Examination of Prospective Jurors:

   (1) Questions are to be asked collectively of the entire panel whenever possible.

   (2) The case may not be argued in any way while questioning the jurors.

   (3) Prospective jurors may not be questioned concerning anticipated instructions or theories of law and may not be asked for promises or commitments as to the kind of verdict they would return under any given circumstance.

   (B) Objections and Motions: Objections and motions during trial, and the grounds therefor, shall be briefly and succinctly stated to the trial judge. If either counsel desires to be heard further, a request may be made to the trial judge, but arguments on such matters shall not be made without permission of the court.

   (C) Argument to Jury: The length of time allotted to each side for the final argument shall be determined by the court, after giving due consideration to the nature and duration of the trial and the amount of time requested by each side.

   In order to fulfill the purpose of Neb. Rev. Stat. § 29-2524.01, the following procedure is established: The county attorney shall complete the reporting form (Appendix 1) and forward the form to the State Court Administrator within 30 days of the disposition of the case.

Rule 17 adopted November 18, 1998. Renumbered and codified as § 6-1517, effective July 18, 2008; § 6-1517 amended May 8, 2013.

   (A) Bills of exceptions from county court. In appeals from the county court to the district court and where a bill of exceptions is requested to be prepared, the bill of exceptions filed in the county court proceeding shall be transmitted electronically from the county court to the district court and filed in the district court. Upon filng the bill of exceptions, the clerk of the district court shall send notice to the parties using JUSTICE procedures. The bill of exceptions shall be the official record of the proceedings and shall be considered by the district court without being offered and received in evidence.

   (B) Statement of errors.

   Within 20 days of filing the bill of exceptions in an appeal to the district court, the appellant shall file with the district court a statement of errors which shall consist of a separate, concise statement of each error a party contends was made by the trial court. Each assignment of error shall be separately numbered and paragraphed. Consideration of the cause will be limited to errors assigned, provided that the district court may, at its option, notice plain error not assigned. This rule shall not apply to small claims appeals.

   (C) Mandates.

    (1) Within 2 judicial days after the decision of the district court becomes final, the clerk shall issue a mandate and transmit the same to the clerk of the county court on the form prescribed by the Nebraska Supreme Court together with a copy of the district court’s decision.

   (2) The clerk shall notify the clerk of the county court if any matter appealed from the county court is thereafter appealed to the Supreme Court or Court of Appeals. Such notice shall be sent to the county court within 2 days after the date the notice of appeal is filed in the district court.

   (3) The clerk shall notify the clerk of the county court of receipt of a mandate from the Supreme Court or Court of Appeals within 2 days after the mandate is received by the district court on cases that originated in the county court.

   (D) Bills of Exceptions From Other Tribunals.

   (1) 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, certified to be true and complete by such court reporting personnel, and file the same with the chief clerical officer of such court, board, or tribunal who shall certify the bill of exceptions as the official record of the proceedings. Proposed amendments not agreed to shall be heard and determined by such court, board, or tribunal as provided in Neb. Ct. R. App. P. § 2-105(G). The completed bill of exceptions shall be filed electronically in the district court within the time provided by law and, if no time be fixed, before the case is submitted to the reviewing court.

   (2) The clerk of the district court shall promptly notify the court reporting personnel serving the district court judge to whom the case is assigned of the filing of the bill of exceptions from the court, board, or tribunal. Said court reporting personnel shall review the bill of exceptions for the purpose of determining whether it has been prepared in compliance with Neb. Ct. R. App. P. §§ 2-105.01 and 2-105.02. If in the opinion of the court reporting personnel the bill of exceptions has not been so prepared, the court reporting personnel shall advise the judge to whom the case is assigned for such action as the judge deems appropriate.

   (3) The bill of exceptions from the court, board, or tribunal filed in the district court shall be the official record and shall be considered by the district court without being offered and received in evidence.

   (E) The absence of a mandatory document from the transcript must be raised by a party prior to submission of the appeal to the district court.

Rule 18 amended November 18, 1998. Renumbered and codified as § 6-1518, effective July 18, 2008; § 6-1518 amended June 9, 2021, effective January 1, 2022; § 6-1518(A) and (B) amended August 23, 2023, effective November 1, 2023.

   Upon the showing of good cause, a rule may be suspended in a particular instance in order to avoid a manifest injustice.

Rule 19 amended November 18, 1998. Renumbered and codified as § 6-1519, effective July 18, 2008.

   (A) Any person who does not have access to the court-authorized service provided, may inspect the electronic transcript and bill of exceptions at the office of the clerk of the trial court at the computer terminal provided. Confidential or sealed records shall not be inspected except by leave of the court. Paper copies of a transcript or bill of exceptions shall not be printed by the clerk unless the requestor pays for a copy of the requested record.

   If a litigant has been allowed to proceed in forma pauperis in the action in which the request for a record has been made, a copy shall be printed by the clerk at no cost to the litigant. Except for good cause show, any additional copies of the transcript and/or the bill of exceptions once provided to a litigant on an in forma pauperis basis shall be prepared at the litigant's costs.

   (B) When a request is made to the clerk of the district court for a transcript of pleadings by or on behalf of any incarcerated person for that person's case on appeal, the clerk of the trial court shall print  a copy to be sent to the incarcerated person at the correctional center where he or she resides. The cost shall be paid by the person making the request unless the person has been allowed to proceed in forma pauperis in the action in which the request for a record has been made. Except for good cause shown, any additional copies of the transcript once provided to a litigant on an in forma pauperis basis shall be prepared at the litigant's cost.

   (C) When a request is made by or on behalf of any incarcerated person for a copy of a bill of exceptions for that person's case on appeal, the clerk shall print a copy at the prescribed rate for copies and send it to the incarcerated person at the correctional center where he or she resides. The copy shall contain the index of exhibits but shall not include exhibits. The cost shall be paid by the person making the request unless that person has been allowed to proceed in forma pauperis in the action in which the request for a record has been made. Except for good cause shown, any additional copies of the bill of exceptions once provided to a litigant on an in forma pauperis basis shall be provided at the litigant's cost. An incarcerated person may request copies of exhibits by filing a motion with the court having jurisdiction of the case and shall pay for costs of such copies unless allowed to proceed in forma pauperis in the action.

   (D) Where a request for a copy of a transcript or a bill of exceptions is made on an in forma pauperis basis and an action is not pending, good cause must be shown by the litigant making the request for the necessity of a copy. A printed copy shall be provided only upon an order of the court.

Rule 20 adopted December 29, 1999; amended September 27, 2000; amended May 21, 2003. Renumbered and codified as § 6-1520, effective July 18, 2008; § 6-1520 amended June 9, 2010; § 6-1520 amended June 9, 2021, effective January 1, 2022; § 6-1520 amended November 17, 2021, effective January 1, 2022.

   The following privacy rules shall apply to all pleadings, documents, exhibits, court orders, judgments, and decrees filed in all civil actions in the district courts of Nebraska:

   (A) This rule seeks to prevent birth dates, gender, Social Security numbers, and financial account numbers of all persons, including minor children, from being included in court records generally available to the public.

   (B) Separate document. The personal and financial information identified in § 6-1521(A) shall be set forth in a separate document as set forth in Appendix 3 to these rules.

   (1) Electronic submission. Such separate document shall be submitted electronically as provided by Neb. Ct. R. § 2-210.

   (2) Paper submission. If the document is submitted in paper form, it shall contain, at the top of the first page, the following language, in bold type: This document is confidential and shall not be made part of the court file or provided to the public pursuant to Neb. Ct. R. § 6-1521. The clerk of the court shall keep the document separate from the case file but accessible to judges and court staff.

   (3) Storage of document and/or data. If the document is submitted in electronic form, or converted from paper form to electronic form, the electronic document or the data contained therein may be reproduced or stored in JUSTICE or other court case and financial management system. Such electronic document, image, or data shall be electronically marked and shall not be accessible or viewable by the public, except as expressly authorized by written court order.

   (4) Access to documents and/or data by government agencies and officials. Unless otherwise provided by statute, court rule, or court order, access to such electronic documents, images, or data by governmental agencies and officials shall be implemented by agency agreements approved by the Nebraska Supreme Court. Application for access to such electronic document, image, or data by government agencies and officials shall be made by such agency or official on the form provided at Appendix 4, which shall include all information as requested on Appendix 4.

   (C) The personal and financial information identified in § 6-1521(A) shall not be included in any pleading or document submitted by a party or counsel for filing with the court, except by reference to a separate Appendix 3 document. An Appendix 3 document shall be separately tendered with any such pleading or other document, and if the Appendix 3 document is submitted in electronic form, it shall be identified in the filing transmittal as a confidential Appendix 3 submission. The form in Appendix 3 is mandatory with respect to the information identified in § 6-1521(A), but a party, attorney, or court may include in the Appendix 3 form additional personal or financial information sought to be protected. 

   (D) The personal and financial information identified in § 6-1521(A) shall not be included in any court order, judgment, or decree, including, but not limited to, any decree of dissolution of marriage, decree of legal separation, order of paternity, qualified domestic relations order, or other child support order or order of modification, except by reference to a separate Appendix 3 document. Where the court finds that an order, judgment, or decree must contain Social Security numbers or other personal information stated in § 6-1521(A), the court shall have the original order sealed and provide in the case file a redacted version of the order for public view.

   (E) No exhibit used at trial shall contain a complete account number for any financial accounts or debts of any party. The same shall be redacted by the person offering the exhibit to the extent necessary to protect the information from misuse. By agreement of the parties, or as directed by the court, financial account information shall be identified in all pleadings, other documents and court orders, judgments, or decrees in such a manner as the parties, counsel, court, and jury may be able to distinguish information between similar accounts or debts, or as may be necessary to establish relevance to the matter being litigated.

   (F) The name, birth date, gender, and Social Security number information of parties sought to be protected by this rule may be furnished to the clerk of the court by the parties prior to issuance of any order or decree. This information shall be furnished by submitting the form provided in Appendix 3. Protection of this information shall be as set forth in § 6-1521(B). Where a party or counsel is required by statute or rule to furnish information identified in § 6-1521(A) to a court or clerk of the court but such information is not required to be filed, the clerk of the court shall not place such information in the court file or allow such information to be accessible to the public.

   (G) The responsibility for redacting personal and financial data set forth in § 6-1521(A) rests solely with counsel and the parties. The clerk of the court shall not be required to review documents for compliance with this rule. If a clerk of the court identifies a violation of this rule, the clerk may, at his or her option, provide a redacted document for public access. However, the clerk electing to provide a redacted copy for public access shall maintain the original document without any alterations thereof, which document shall only be available to the court and the parties or the parties' counsel.

Rule 21 adopted April 16, 2008. Renumbered and codified as § 6-1521, effective July 18, 2008; § 16-1521(B) and (F) amended January 27, 2010; § 6-1521(B) amended May 16, 2012; § 6-1521 amended June 9, 2021, effective January 1, 2022; § 6-1521 amended November 17, 2021, effective January 1, 2022.

   (A) In any civil action in the District Court after issues have been joined the court may in its discretion direct the attorneys for the parties to appear before it for a conference to consider:

   (1) The simplification of issues;

   (2) The necessity or desirability of amendments to the pleadings;

   (3) The possibility of obtaining admissions of fact and of documents which will avoid unnecessary proof;

   (4) The limitation of the number of witnesses with a view of avoiding improper cumulative testimony;

   (5) The advisability of a preliminary reference of issues to a master for findings to be used as evidence when the trial is to be by jury;

   (6) Such other matters as may aid in the disposition of the action.

   (B) The court shall at the time of the pretrial hearing make a record of the proceedings which recites the action taken at the conference, the amendments allowed to the pleadings, and the amendments made by the parties as to any of the matters considered, and which limit the issues for trial to those not disposed of by admissions or agreements of counsel; that counsel shall forthwith acknowledge their assent thereto, or, in the alternative, state into the record any and all objections they may have thereto; and such order when entered controls the subsequent cause of the action, unless modified at the trial to prevent manifest injustice. The court in its discretion may establish by rule a pretrial calendar on which actions may be placed for consideration as above provided and may either confine the calendar to jury actions or to nonjury actions or extend it to all actions.

   The following rule shall apply to all district courts in the State of Nebraska pursuant to Neb. Rev. Stat. § 25-2209.

   (A) Each clerk of the district court shall maintain the following records on the court's electronic case managment system:

   (1) Register of actions

  (2) Trial docket

   (3) Judge's docket notes

   (4) Financial record

   (5) General index

   (6) Judgment index

   (7) Case file

   Unless otherwise specified herein, all records listed above shall be maintained on the State of Nebraska's electronic case management system known as JUSTICE (Judicial Users System to Improve Court Efficiency).

   (B) Register of actions.

   The register of actions means the offical court record and is a summary of the case and is kept chronologically as cases are filed. The register of actions shall provide the following information:

   (1) case identification number, which captures the case type, year of initial filing, and sequential number of the case,

   (2) case caption,

   (3) case subtype,

   (4) name of judge,

   (5) filing dates of the complaint, petition, or other initial filings, and all subsequent filings,

   (6) date of issuance of, return date of, and the return of summons, and

   (7) other information pursuant to JUSTICE procedures.

   (C) Trial docket.

   The trial docket is a listing of cases at issue in the order they were made up and should serve as the order in which the cases are called for trial as provided by Neb. Rev. Stat. § 25-2211.

   The trial docket shall be maintained in electronic format in JUSTICE's Case Scheduler or in an alternative manual or electronic calendaring system. Information on status and progression are provided in the Supreme Court Progression Standards report.

   (D) Judge's docket notes.

   Judge's docket notes means the notations of the judge detailing the actions in a court proceeding and the entering of orders and judgments.

   Judge's docket notes shall be maintained electronically and viewed using JUSTICE procedures.

   (E) Financial record.

   The financial record means the financial accounting of the court and includes records of all money receipted and disbursed by the court and the receipts and disbursements of all money held as an investment.

   The financial record shall be maintained in electronic format in JUSTICE's Receipt/Disbursement History and Costs Worksheet.

   (F) General index.

   The general index is an alphabetical listing of names of the parties to the suit, both direct and inverse, with the case identification number where all proceedings in such action may be found.

   The general index shall be maintained in electronic format in JUSTICE's General Index.

   (G) Judgment index.

   The judgment index shall contain:

   (1) the names of the judgment debtor and judgment creditor, arranged alphabetically,

   (2) the case identification number where judgment may be found.

   All judgments entered in the district court and any transcripts of judgments from county courts filed in the district court shall be entered upon the judgment index. Whenever any judgment is paid and satisfaction of judgment is filed, the clerk shall enter such fact upon the judgment index.

   The judgment index shall be maintained in electronic format in JUSTICE's Judgment Index and Judgment Inquiry.

   (H) Case file.

   Each district court shall maintain a case file which is numbered with an electronically generated case number. Each case shall be accessible alphabetically through the General Index in JUSTICE.  The case file shall contain the complaint or petition, all subsequent pleadings, motions, orders, judgments, verdicts, and other documents filed in the case.

   The case file shall be maintained either in a paper volume, on microfilm, or for documents filed or maintained electronically, as electronic images accessed through JUSTICE Register of Actions.

Rules 22 - 32 (exclusive of Rule 21) adopted October 15, 1992; amended June 4, 2008, effective June 18, 2008. Renumbered and codified as §§ 6-1522 - 6-1532, effective July 18, 2008; amended and incorporated into § 6-1523 December 23, 2008; § 6-1523 amended June 9, 2021, effective January 1, 2022.

   The following privacy rules shall apply to all pleadings and documents filed in all criminal actions in the district courts of Nebraska.

   (A) Redacted Filings. In any filing with the court that contains an individual's Social Security number; a taxpayer identification number; a birth date; the name of an individual known to be a minor; or a financial account number, a party or nonparty making the filing may include only, unless otherwise ordered by the court:

   (1) a reference to Social Security number or taxpayer identification number (no digits);

   (2) the year of the individual's birth;

   (3) a minor child's initials;

   (4) the last four digits of a financial account number.

   (B) Exemptions. The redaction requirement does not apply to the following:

   (1) the date of birth of a defendant or person subject to detention;

   (2) the name of a defendant or person subject to detention;

   (3) a financial account number or real property address that identifies the account or property allegedly subject to forfeiture in a forfeiture proceeding;

   (4) the record of an administrative or agency proceeding;

   (5) the record of a court or tribunal, if that record was not subject to this rule when originally filed;

   (6) a filing covered by § 6-1524(D).

   (C) Victim Information. Personal identifying information, other than a victim's name, shall be prevented from being disclosed on pleadings and documents filed in criminal actions that may be available to the public.  Victims eligible for protection are defined in Neb. Rev. Stat. § 29-119. The Crime Victim Information Form, as set forth in Appendix 5 shall:

   (1) be completed by the County Attorney (or deputy) at initial filing;

   (2) be separately tendered with any such pleading or other document, pursuant to Neb. Ct. R. § 2-210;

   (3) always have the following language visible, "THIS DOCUMENT IS CONFIDENTIAL AND SHALL NOT BE PART OF THE COURT FILE OR PROVIDED TO THE PUBLIC PURSUANT TO N.R.S 81-1848." The clerk of the court shall keep the document separate from the case file but accessible to the judges and court staff.  If the document is submitted in electronic form, or converted from paper form to electronic form, the electronic document or the data contained therein may be reproduced or stored in JUSTICE or other court case management system. Such document, image, or data shall be electronically marked and shall not be accessible or viewable by the public.

The personal identifying information identified in Crime Victim Information Form, Appendix 5, shall not be included in any court order or judgment.

   (D) Filings Made Under Seal. The court may, on its own motion or for good cause shown, order that a filing be made under seal without redaction. See Neb. Ct. R. § 2-210. The court may later unseal the filing or order the person who made the filing to file a redacted version for the public record.

   (E) Protective Orders. For good cause, the court may by order in a case:

   (1) require redaction of additional information; or

   (2) limit or prohibit a nonparty's access to a document filed with the court.

   (F) Option for Additional Unredacted Filing Under Seal. A person making a redacted filing may also file an unredacted copy under seal. The court shall retain the unredacted copy as part of the record, under seal. The person making the filing shall follow the procedures set forth in § 2-210.

   (G) Option for Filing a Reference List. A filing that contains information set forth as provided by § 6-1524(A) may be filed together with a reference list that identifies each item of redacted information and specifies an appropriate identifier that uniquely corresponds to each item listed. The reference list shall be filed under seal and may be amended as of right. The court shall retain the reference list as part of the record, under seal. Any reference in the case to a listed identifier will be construed to refer to the corresponding item of information as stated on the reference list.

   (H) The responsibility for redacting information set forth in § 6-1524(A) rests solely with counsel of record. The clerk of the court shall not be required to review documents for compliance with this rule. If a clerk of the court identifies a violation of this rule, the clerk may, at his or her option, provide a redacted document for public access. However, the clerk electing to provide a redacted copy for public access shall maintain the original document without any alterations thereof, which document shall only be available to the court and to the parties or counsel of record.

§ 6-1524 adopted February 27, 2013; § 6-1524 amended September 16, 2015; § 6-1524  amended June 9, 2021, effective January 1, 2022.

   (A) Every judicial district shall have a transparent process for appointment of counsel for indigent defendants as provided in Neb. Rev. Stat. §§ 29-3901 to 29-3908.

   (B) The county court and district court judges of each judicial district shall maintain a local rule for the judicial district regarding appointment of counsel in criminal cases. Such local rule shall be made public and shall include, but not be limited to:

   (1) Provision for maintenance of a list of all licensed attorneys who may be expected to accept appointments in criminal cases in the judicial district, and information on obtaining such list from the court;

   (2) The judicial district's process for appointments under Neb. Rev. Stat. §§ 29-3901 to 29-3908; and

   (3) Information as to how an attorney may be added to or, if permitted, removed from the court-appointed attorney list.

   (C) Such local rule shall be governed by § 6-1501.

   (D) Before the claim of any attorney appointed by the court is allowed in criminal matters, such attorney shall file with the clerk, and serve upon the county attorney, a written application for fees, certified to be true and correct, stating an itemization of the services provided (for interim applications, a general itemization), time expended, and expenses incurred in the case. Counsel shall also state in the application that counsel has not received and has no contract for the payment of any compensation by such defendant or anyone in the defendant’s behalf or, if counsel has received any fee or has a contract for the payment of same, shall disclose the same fully so that the proper credit may be taken on counsel’s application. If a hearing is required, the time and date of hearing shall be set by the court and notice given by court order or notice of hearing.

§ 6-1525 adopted February 12, 2014; § 6-1525 amended June 9, 2021, effective January 1, 2022; § 6-1525 amended November 17, 2021, effective January 1, 2022.

   (A) Moving Party's Materials in Support of Motion. When a motion for summary judgment or partial summary judgment is filed, the moving party must simultaneously file with the clerk and serve on all parties of record:

   (1) an Evidence Index in Support listing all evidence to be offered in support of the motion for summary judgment; and

   (2) an Annotated Statement of Undisputed Facts setting forth concise, numbered paragraphs reciting each proposed material fact as to which the moving party contends there is no genuine dispute, annotated by pinpoint citation to the supporting evidence in the Evidence Index in Support.

   Failure to submit such a Statement may constitute grounds for denial of the motion.

   (B) Opposing Party's Materials in Opposition. Each party opposing a motion for summary judgment or partial summary judgment must file with the clerk and serve on all parties of record:

   (1) an Evidence Index in Opposition listing all evidence to be offered in opposition to the motion for summary judgment; and

   (2) an Annotated Statement of Disputed Facts setting forth concise, numbered paragraphs reciting each proposed material fact of the moving party as to which the opposing party contends there is a genuine dispute, annotated by pinpoint citation to the supporting evidence in the Evidence Index in Opposition.

   Failure to submit such a Statement may constitute grounds for sustaining the motion.

   (C) For purposes of this rule, where competing motions are filed, a party shall be considered as the moving party regarding a motion or motions asserted by that party and as an opposing party regarding a motion or motions asserted by another party.

   (D) The assigned judge is expected to schedule deadlines for compliance with this rule and the summary judgment statutes so as to ensure a fair opportunity for all parties to present their evidence. The judge may, in the judge's discretion, extend any deadline for compliance with any requirement under this rule.

   (E) The documents required by this rule shall not be included within a brief submitted on behalf of a party.

§ 6-1526 adopted September 5, 2018; § 6-1526 amended June 9, 2021, effective January 1, 2022.

   (A) Record. If a case removed to federal court is remanded to a district court of this State, the defendant(s) must file with the clerk of the district court a record of the federal court case within 14 days after the date the remand order is file stamped by the clerk of the district court.

   Before filing the record, the defendant(s) should confer with the plaintiff(s) regarding which documents should be included in the record. The parties should make a good faith effort to agree on which documents should be included.

   The record must be consecutively paginated and contain (1) a table of contents that states the title and initial page number of each pleading or document in the record, (2) a copy of each pleading filed in the federal court case, (3) a copy of each protective order and discovery order entered in the federal court case, (4) a copy of any other document filed in the federal court case that may be relevant to the adjudication of the case on remand, and (5) a certification that the contents of the record are accurate copies of the documents in the federal court’s electronic records.

   The copies must include the federal court header with the federal court case number, document number, filing date, page number, and page identification number. The certification must be made by the attorney(s) for the defendant(s) or, if a defendant(s) is self-represented, by the self-represented defendant(s).

   Within 10 days after the record is filed by the defendant(s), the plaintiff(s) may file a supplemental record. The supplemental record should contain a copy of any document filed in the federal court case that in the judgment of the plaintiff(s) should have been included in the record but was not. The supplemental record must be in the same format as the record.

   For good cause shown, the district court may extend or shorten the time for filing the record or the supplemental record and may grant a party leave to file an additional supplemental record.

   (B) Pleadings and Motions. After remand, repleading is unnecessary unless the district court orders it. Within 20 days of the date on which the remand order was file stamped by the clerk of the district court, a party that was not in default in the federal court case may (1) serve a responsive pleading if the party did not previously serve a responsive pleading or (2) serve a Neb. Ct. R. Pldg. § 6-1112(b), (e), or (f) motion if the party did not previously serve a responsive pleading. Any defenses that were waived pursuant to § 6-1112(h) before the case was removed or that were waived pursuant to Fed. R. Civ. P. 12(h) while the case was pending in federal court may not be revived.

   Any motions that were pending in the federal court case as of the date of the remand order are deemed to have been withdrawn without prejudice.

   (C) Discovery. Any discovery requests or subpoenas that were pending as of the date of the remand order are deemed to have been withdrawn unless the parties agree otherwise.

   If the federal court entered a protective order or a discovery order that is in effect on the date that the remand order is mailed to the district court, the order is deemed to be an order of the district court when the remand order is mailed and the parties are bound by the terms of the order. Either party may file a motion with the district court to vacate or modify the order under the Nebraska Court Rules of Discovery in Civil Cases.

   Any discovery obtained in the federal court case, including depositions, may be used in the district court case as though the discovery had been obtained in the district court case.

§ 6-1527 adopted March 11, 2020.

   (A) On or before January 1, 2022, the county court, district court, and separate juvenile court judges within each judicial district shall jointly adopt a local rule setting out the procedures governing emergency modified court operations in their judicial district.

   (B) Such local rule shall include, but not be limited to:

   (1) Establishing criteria for how the judicial district will determine when emergency modified court operations should be implemented, and when normal court operations should resume;

   (2) Listing the stakeholders within the judicial district to include in planning and implementing any emergency modified court operations.

   (3) Identifying who within the judicial district will coordinate and facilitate communication with the group of justice stakeholders to plan and implement any emergency modified court operations plan;

   (4) Listing all mission essential functions to be considered and addressed in any emergency modified court operations plan; and

   (5) Identifying how court users and the public will be informed when emergency modified court operations are implemented and when they are discontinued.

   (C) Such local rule shall be governed by § 6-1501.

§ 6-1528 adopted November 24, 2021.

   Each separate juvenile court and the Workers' Compensation Court, by action of a majority of its judges, may from time to time recommend rules of practice concerning matters which are not inconsistent with any directive of the Supreme Court or statutes of the State of Nebraska. Such recommended rules shall become effective upon the approval of the Supreme Court, at which time they shall be filed with the Clerk of the Supreme Court and Court of Appeals, and be published in the Nebraska Advance Sheets. Once approved, copies thereof shall be made available to the bar and public through the office of the clerk of the court recommending the rules.

Rule 1 amended May 24, 1995; amended September 17, 1997. Renumbered and codified as § 6-1601, effective July 18, 2008.

   To the extent applicable to proceedings within the jurisdiction of the separate juvenile courts of Nebraska, Neb. Ct. R. § 6-1521 shall govern orders, filings, documents, and pleadings in the separate juvenile courts. Neb. Ct. R. § 6-1521 provides as follows:

   The following privacy rules shall apply to all pleadings, documents, exhibits, court orders, judgments, and decrees filed in all civil actions in the district courts of Nebraska:

   (A) This rule seeks to prevent birth dates, gender, Social Security numbers, and financial account numbers of all persons, including minor children, from being included in court records generally available to the public.

   (B) Separate document. The personal and financial information identified in § 6-1521(A) shall be set forth in a separate document as set forth in Appendix 3 to these rules.

   (1) Electronic submission. Such separate document shall be submitted electronically as provided by Neb. Ct. R. § 2-210.

  (2) Paper submission. If the document is submitted in paper form, it shall contain, at the top of the first page, the following language, in bold type: This document is confidential and shall not be made part of the court file or provided to the public pursuant to Neb. Ct. R. § 6-1521. The clerk of the court shall keep the document separate from the case file but accessible to judges and court staff.

   (3) Storage of document and/or data. If the document is submitted in electronic form, or converted from paper form to electronic form, the electronic document or the data contained therein may be reproduced or stored in JUSTICE or other court case and financial management system. Such electronic document, image, or data shall be electronically marked and shall not be accessible or viewable by the public, except as expressly authorized by written court order.

   (4) Access to documents and/or data by government agencies and officials. Unless otherwise provided by statute, court rule, or court order, access to such electronic documents, images, or data by governmental agencies and officials shall be implemented by agency agreements approved by the Nebraska Supreme Court. Application for access to such electronic document, image, or data by government agencies and officials shall be made by such agency or official on the form provided at Appendix 4, which shall include all information as requested on Appendix 4.

   (C) The personal and financial information identified in § 6-1521(A) shall not be included in any pleading or document submitted by a party or counsel for filing with the court, except by reference to a separate Appendix 3 document. An Appendix 3 document shall be separately tendered with any such pleading or other document, and if the Appendix 3 document is submitted in electronic form, it shall be identified in the filing transmittal as a confidential Appendix 3 submission. The form in Appendix 3 is mandatory with respect to the information identified in § 6-1521(A), but a party, attorney, or court may include in the Appendix 3 form additional personal or financial information sought to be protected.

   (D) The personal and financial information identified in § 6-1521(A) shall not be included in any court order, judgment, or decree, including, but not limited to, any decree of dissolution of marriage, decree of legal separation, order of paternity, qualified domestic relations order, or other child support order or order of modification, except by reference to a separate Appendix 3 document. Where the court finds that an order, judgment, or decree must contain Social Security numbers or other personal information stated in § 6-1521(A), the court shall have the original order sealed and provide in the case file a redacted version of the order for public view.

   (E) No exhibit used at trial shall contain a complete account number for any financial accounts or debts of any party. The same shall be redacted by the person offering the exhibit to the extent necessary to protect the information from misuse. By agreement of the parties, or as directed by the court, financial account information shall be identified in all pleadings, other documents and court orders, judgments, or decrees in such a manner as the parties, counsel, court, and jury may be able to distinguish information between similar accounts or debts, or as may be necessary to establish relevance to the matter being litigated.

   (F) The name, birth date, gender, and Social Security number information of parties sought to be protected by this rule may be furnished to the clerk of the court by the parties prior to issuance of any order or decree. This information shall be furnished by submitting the form provided in Appendix 3. Protection of this information shall be as set forth in § 6-1521(B). Where a party or counsel is required by statute or rule to furnish information identified in § 6-1521(A) to a court or clerk of the court but such information is not required to be filed, the clerk of the court shall not place such information in the court file or allow such information to be accessible to the public.

   (G) The responsibility for redacting personal and financial data set forth in § 6-1521(A) rests solely with counsel and the parties. The clerk of the court shall not be required to review documents for compliance with this rule. If a clerk of the court identifies a violation of this rule, the clerk may, at his or her option, provide a redacted document for public access. However, the clerk electing to provide a redacted copy for public access shall maintain the original document without any alterations thereof, which document shall only be available to the court and the parties or the parties' counsel.

§ 6-1701(B) and (F) amended January 27, 2010; § 6-1701(B) amended May 16, 2012; § 6-1701 amended November 17, 2021, effective January 1, 2022.

   Each separate juvenile court by action of a majority of its judges may from time to time recommend other local rules not inconsistent with these rules nor inconsistent with any directive of the Supreme Court or statutes of the State of Nebraska. Such recommended rules shall be submitted as provided in Neb. Ct. R. § 1-103(A). Such recommended rules shall become effective upon approval by the Supreme Court, at which time they shall be published on the Nebraska Supreme Court's website.

§ 6-1702 amended June 9, 2021, effective January 1, 2022; § 6-1702 amended September 7, 2022.

   The court’s automated case management system may notify a court clerk that a filing has been received from an attorney who does not have an active license to practice law in Nebraska. Upon receipt of this notice, the clerk shall attempt to verify the attorney’s status as active. If the clerk cannot do so, the clerk shall notify the judge assigned to the case. If no judge has been assigned to the case, the clerk shall notify the presiding judge. See Neb. Rev. Stat. § 7-101.

§ 6-1703 adopted May 8, 2013.

   (A) Every judicial district shall have a transparent process for appointment of counsel as provided by Neb. Rev. Stat. § 43-272.

   (B) The separate juvenile court judges of each separate juvenile court shall adopt a local rule for the juvenile court regarding appointment of counsel in juvenile cases. Such local rule shall be made public and shall include, but not be limited to:

   (1) Provision for maintenance of a list of all licensed attorneys who may be expected to accept appointments in juvenile cases, and information on obtaining such list from the court;

   (2) The separate juvenile court's process for appointments under Neb. Rev. Stat. § 43-272; and

   (3) Information as to how an attorney may be added to or, if permitted, removed from the court-appointed attorney list.

   (C) Such local rule shall be governed by § 6-1702.

   (D)  Before the claim of any attorney appointed by the court is allowed in juvenile matters, such attorney shall make a written application for fees, certified to be true and correct, stating time and expenses in the case, and shall serve the same upon the county attorney. For interim applications, a general itemization of fees and expenses incurred shall be certified. Counsel shall also state in the application that counsel has not received and has no contract for the payment of any compensation by such client, or anyone in the client's behalf, or, if counsel has received any fee or has a contract for the payment of same, shall disclose the same fully so that the proper credit may be taken on counsel's application. The application shall be filed with the clerk. If a hearing is required, the time and date of hearing shall be set by court order or notice of hearing.

§ 6-1704 adopted February 12, 2014; § 6-1704 amended June 9, 2021, effective January 1, 2022; § 6-1704 amended November 17, 2021, effective January 1, 2022.

   (A) Purpose.

   The purpose of these practice standards is to ensure that the legal and best interests of juveniles in dependency and abuse/neglect proceedings initiated under the Nebraska Juvenile Code are effectively represented by their court-appointed guardians ad litem. These practice standards are also intended to ensure that such interests of juveniles involved in delinquency, status offense, or other proceedings initiated under the Nebraska Juvenile Code are effectively protected when a guardian ad litem has been appointed.

   (B) Appointment.

   (1) In accordance with the Nebraska Juvenile Code, specifically Neb. Rev. Stat. § 43-272(3), only a lawyer duly licensed by the Nebraska Supreme Court may be appointed to serve as a guardian ad litem for a juvenile.

   (2) When feasible, the duties of a guardian ad litem should be personal to the appointed lawyer and should not normally be delegated to another person or lawyer.

   (3) Any lawyer who serves as a guardian ad litem should fulfill the training requirements described in the Nebraska Supreme Court Rule Regarding Guardian Ad Litem Training for Attorneys.

   (C) Role of Guardian Ad Litem.

   (1) Neb. Rev. Stat. § 43-272(3) authorizes a guardian ad litem in juvenile proceedings to fulfill a "dual role" with respect to the juvenile, that is, to serve as:

   (a) An advocate for the juvenile who is deemed as the parent of the juvenile and charged with a duty to investigate facts and circumstances, determine what is in the juvenile's best interests, report to the court and make recommendations as to the juvenile's best interests, and take all necessary steps to protect and advance the juvenile's best interests; and

   (b) Legal counsel for the juvenile.

   (2) Where a lawyer has already been appointed to represent the legal interests of the juvenile, for example in a delinquency case, another lawyer appointed to serve as a guardian ad litem for such juvenile shall function only in a single role as guardian ad litem for the juvenile concerning the juvenile's best interests, and shall be bound by all of the duties and shall have all of the authority of a guardian ad litem, with the exception of acting as legal counsel for the juvenile.

   (3) Accordingly, the following shall apply:

   (a) In serving as advocate for the juvenile to protect his or her best interests, the guardian ad litem shall make an independent determination as to the juvenile's best interests, by considering all available information and resources. The guardian ad litem's determination as to best interests is not required to be consistent with any preferences expressed by the juvenile.

   (b) Upon making such determination, the guardian ad litem shall make such recommendations to the court and shall take the necessary actions to advocate and protect the best interests of the juvenile.

   (c) As legal counsel for the juvenile, the guardian ad litem shall be entitled to exercise and discharge all prerogatives to the same extent as a lawyer for any other party in the proceeding.

   (d) Where the juvenile expresses a preference which is inconsistent with the guardian ad litem's determination of what is in the best interests of the juvenile, the guardian ad litem shall assess whether there is a need to request the appointment of a separate legal counsel to represent the juvenile's legal interests in the proceeding. In making such assessment, the guardian ad litem shall consider:

   (i) The juvenile's age,

   (ii) The juvenile's capacity,

   (iii) The juvenile's level of maturity, and

   (iv) The nature of the inconsistency between the juvenile's expressed preference and the guardian ad litem's determination as to the juvenile's best interests.

   (e) After making such assessment, the guardian ad litem shall request the court to make a determination whether special reasons exist for the court to appoint separate legal counsel to represent the legal interests of the juvenile where the guardian ad litem determines all of the following:

   (i) That the juvenile's expressed preference represents a communication that is made by a juvenile of sufficient age, capacity, and maturity;

   (ii) That the juvenile's expressed preference is of significance to other matters or issues in the case affecting the juvenile, and is within the bounds of law and reality; and

   (iii) That the guardian ad litem believes that it would be a conflict of interest for the guardian ad litem to continue to act as legal counsel for the juvenile in light of the preference expressed by the juvenile.

   (f) In any situation where the guardian ad litem has been appointed to represent more than one juvenile within the same case, the guardian ad litem shall ascertain throughout the case whether the guardian ad litem's advocacy of the legal and best interests of any one juvenile would be adverse to or conflict with the legal and best interests of any other juvenile represented by the same guardian ad litem. Where the guardian ad litem reasonably believes that to continue as guardian ad litem for all of the juveniles would be problematic in this specific regard, the guardian ad litem shall apply to the court for the appointment of a separate guardian ad litem and/or legal counsel for the juvenile(s). Where any juvenile has expressed a preference or position regarding a certain matter or issue, the guardian ad litem shall utilize the standards set forth in § 6-1705(C)(3)(e) above.

   (g) If the court exercises its statutory authority to appoint separate legal counsel, such counsel shall represent the juvenile's legal interests. The guardian ad litem shall continue to advocate and protect the juvenile's social and best interests as defined under the Nebraska Juvenile Code.

   (D) Authority of Guardian Ad Litem.

   (1) Access to information and juvenile.

   (a) The guardian ad litem is entitled to receive all pleadings; notices, to include timely notices of change of placement; and orders of the court filed in the proceeding, and should make reasonable efforts to obtain complete copies of the same.

   (b) The guardian ad litem is entitled to receive copies of all case plans and court reports prepared by the Nebraska Department of Health and Human Services, the Nebraska Foster Care Review Office, and any Court Appointed Special Advocate (CASA), as well as reports, summaries, evaluations, records, letters, and documents prepared by any other provider which the guardian ad litem deems relevant to the best interests or legal rights of any juvenile represented by the guardian ad litem. Where these documents are not provided as a matter of course to the guardian ad litem, they shall be provided upon the request of the guardian ad litem.

   (c) The guardian ad litem, standing in lieu of the parent for a protected juvenile who is the subject of a juvenile court petition shall also have the same right as the juvenile's legal guardian to (1) obtain information from all professionals and service providers, including, but not limited to, verbal communications and written reports, summaries, opinions, and evaluations, and information regarding the juvenile's placement; and (2) to receive notice of and participate in all conferences, staffings or team meetings, and hearings relating to the juvenile's health, education, placement, or any other matter which in the opinion of the guardian ad litem is relevant to, or which affects, the best interests or legal rights of the juvenile.

   (d) The guardian ad litem is authorized to communicate with and respond to inquiries for information regarding the juvenile made by the Nebraska Foster Care Review Office, the Department of Health and Human Services case manager, or CASA.

   (e) The guardian ad litem is authorized to make announced or unannounced visits to the juvenile at his or her home or placement or at any location at which the juvenile may be present.

   (f) The court should facilitate the guardian ad litem's authority to obtain information regarding the juvenile by including the following language, or language substantially similar thereto, in its initial order of appointment of the guardian ad litem:

   "The guardian ad litem appointed herein by this Court shall have full legal authority to obtain all information which relates to the above-named juvenile.

   "To that end, the guardian ad litem is hereby authorized by this Court to communicate verbally or in writing with any agency, organization, person, or institution, including, but not limited to, any school personnel, counselor, or drug or alcohol treatment provider; or police department or other law enforcement agency; any probation, parole, or corrections officer; any physician, psychiatrist, psychologist, therapist, nurse, or mental health care provider; or any hospital, clinic, group home, treatment group home, residential or mental health treatment facility, or youth rehabilitation treatment center; any social worker, case manager, or social welfare agency, including the Nebraska Department of Health and Human Services and its employees and administrators; any person or agency or institution charged with supervising visitation; or any family member, guardian, foster parent, or any other person.

   "The guardian ad litem is further hereby authorized to obtain from all persons, organizations, or entities, including, but not limited to, those described in the paragraph above, all information, including, but not limited to, the inspection of, and obtaining of complete copies of records, reports, summaries, evaluations, correspondence, written documents, or other information, orally or in any media form, which relate to the above-named juvenile even if such information concerns his or her parents, or any other person or any situation that the guardian ad litem deems necessary in order to properly represent the juvenile's interests."

   (E) Duties of Guardian Ad Litem.

   (1) Consultation with juvenile.

   (a) The phrase "consultation with the juvenile," as used in the Nebraska Juvenile Code, generally means meeting in person with the juvenile, unless prohibited or made impracticable by exceptional circumstances, as set forth in § 6-1705(E)(1)(d) below.

   (b) The guardian ad litem should consult with the juvenile when reasonably possible and at those times and intervals as required by the Nebraska Juvenile Code.

   (c) In addition to the statutorily required intervals for consulting with the juvenile, when possible, the guardian ad litem should consult with the juvenile when:

   (i) The juvenile requests that the guardian ad litem meet with him or her;

   (ii) The guardian ad litem has received notification of any emergency, or other significant event or change in circumstances affecting the juvenile, including a change in the juvenile's placement; and

   (iii) Prior to any hearing at which substantive issues affecting the juvenile's legal or best interests are anticipated to be addressed by the court.

   (iv) The guardian ad litem should make every effort to see the juvenile in his or her placement at least once, with respect to each such placement.

   (d) Where an unreasonable geographical distance is involved between the location of the juvenile and the guardian ad litem, the guardian ad litem should explore the possibility of obtaining from the court an advance determination that the court will arrange for the payment or reimbursement of the guardian ad litem's reasonable expenses incurred in connection with the travel to meet with the juvenile.

   (e) "Exceptional circumstances" generally include, but are not limited to, those situations where an unreasonable geographical distance is involved between the location of the guardian ad litem and the juvenile. Where such exceptional circumstances exist, the guardian ad litem should attempt consultation with the juvenile by other reasonable means, including, but not limited to, telephonic means, assuming that the juvenile is of sufficient age and capacity to participate in such means of communication and there are no other barriers preventing such communication. Where consultation by telephonic means is also not feasible, the guardian ad litem should seek direction from the court as to any other acceptable method by which to accomplish such consultation with the juvenile.

   (2) Inquiry and consultation with others.

   (a) The guardian ad litem is required to make inquiry of the juvenile's caseworker, foster parent, or legal custodian and any other person directly involved with the juvenile who may have knowledge about the case or the development of the juvenile. The guardian ad litem should also make inquiry of any other persons who have knowledge or information relevant to the juvenile's best interests. The guardian ad litem may obtain such information through the means of direct inquiry, interview, or the discovery process.

   (b) The guardian ad litem has a duty to read and comprehend the court reports prepared by the Nebraska Department of Health and Human Services, the Nebraska Foster Care Review Office, the CASA volunteer, and from all other persons or providers assigned to the case who prepare and present such reports to the court.

   (3) Report and recommendations to court.

   (a) The guardian ad litem has a duty to make written recommendations to the court in the form of a report regarding the temporary and permanent placement of the protected juvenile. Because the guardian ad litem is also required by statute to consider any other information "as is warranted by the nature and the circumstances of the particular case," the guardian ad litem's report should include written recommendations to the court regarding any other matter that affects or would affect the legal and best interests of the protected juvenile.

   (b) The guardian ad litem is required to submit a written report to the court at every dispositional hearing and review hearing. The information contained in the report of the guardian ad litem should include, but is not limited to, the following information:

   (i) Dates of, and description of, the type of contact and communication with the juvenile;

   (ii) Listing of documents reviewed;

   (iii) The guardian ad litem's concerns regarding any specific matters or problems which, in the opinion of the guardian ad litem, need special, further, or other attention in order to protect or facilitate the juvenile's legal and best interests; and

   (iv) The guardian ad litem's assessment of and recommendations regarding the juvenile's placement in light of his or her needs and legal and best interests.

   (c) To assist the guardian ad litem in preparing the written report, the guardian ad litem shall use the "Report of Guardian Ad Litem" form found at Appendix 1.

   (4) Participation in court proceedings.

   (a) The guardian ad litem shall attend all hearings unless expressly excused by the court.

   (b) The guardian ad litem may testify only to the extent allowed by the Nebraska Rules of Professional Conduct.

   (c) Where the guardian ad litem is unable or unavailable to attend a hearing due to reasons such as personal illness, emergency, involvement in another court hearing, or absence from the jurisdiction, such guardian ad litem may make proper arrangements for another attorney to attend the hearing as long as no other party objects and as long as the hearing is not anticipated to be a contested evidentiary hearing. In such a situation, the guardian ad litem does not need to be excused from attendance at the hearing.

   (d) The guardian ad litem should advocate for the juvenile to be present at all court hearings as appropriate and take steps where necessary to ensure such attendance on the part of the juvenile.

   (5) Duty to provide quality representation.

   (a) Any attorney appointed by the court to serve as a guardian ad litem for a juvenile, or to provide guardian ad litem services for juveniles, is expected to provide quality representation and advocacy for the juveniles whom he or she is appointed to represent, throughout the entirety of the case.

   (b) To that end, a guardian ad litem should not accept workloads or caseloads that by reason of their excessive size or demands, including, but not limited to, factors such as the number of children represented at any given time, interfere with or lead to the breach of the professional obligations or standards required to be met by a guardian ad litem by statute or by court rules.

   (c) Attorneys should not accept caseloads or appointments to serve as a guardian ad litem or to provide guardian ad litem services that are likely to, in the best professional judgment of the appointed attorney, lead to the provision of representation or service that is ineffective to protect and further the interests of the juvenile, or likely to lead to the breach of professional obligations of the guardian ad litem.

   (F) Termination of Authority of Guardian Ad Litem.

   (1) The authority of the guardian ad litem shall commence upon appointment by the court and shall continue in that case until such time as the court terminates its jurisdiction.

   (2) The guardian ad litem may voluntarily withdraw from representation in any case where the guardian ad litem files a motion to withdraw, and the court, in its discretion, enters a corresponding order granting such withdrawal.

   (3) A guardian ad litem may be removed from a case by the court for cause, where the court finds that the guardian ad litem's performance is inadequate, that the guardian ad litem has substantially failed to discharge duties or act to protect the best interests of the juvenile(s) for whom the guardian ad litem was appointed, or that any other factor or circumstance prevents or substantially impairs the guardian ad litem's ability to fairly and fully discharge his or her duties. In determining whether removal of the guardian ad litem is warranted in a particular case, the court should assess the guardian ad litem's performance under the requirements and standards of practice imposed upon a guardian ad litem by both the Nebraska Juvenile Code as well as by § 6-1705.

   (G) Compensation for Guardians Ad Litem Not Covered by Multi-Case Contract.

   (1) The Supreme Court may establish a statewide uniform minimum hourly rate of compensation for guardians ad litem.

   (2) Generally, no distinction should be made between rates for services performed in and outside of court, and the same rate should be paid for any time the attorney spends traveling in fulfilling his or her obligations as the guardian ad litem.

   (3) Guardians ad litem shall be compensated for all hours reasonably necessary to provide quality legal representation as documented in fee applications.

§ 6-1705 adopted June 24, 2015.

   (A) General Purpose, Objectives, and Scope.

   (1) The purpose of these guidelines is to ensure high quality legal representation by all attorneys appearing before the juvenile court. These practice guidelines do not replace ethical obligations under the Nebraska Rules of Professional Conduct, Neb. Ct. R. of Prof. Cond. § 3-501.0 et seq., and are meant to set out a minimum level of competent practice as guidelines for attorneys appearing before the juvenile court. All attorneys shall discharge their duties in accordance with the Nebraska Rules of Professional Conduct.

   (2) These guidelines acknowledge that the goal of juvenile court is to ensure the rights of juveniles; to promote the best interests, safety, permanency of children, and rehabilitation of families; and to provide fair hearings where parties' rights are recognized and enforced, consistent with Neb. Rev. Stat. § 43-246.

   (3) These guidelines are meant to be read in conjunction with Neb. Ct. R. §§ 6-1468 and 6-1705, practice standards for guardians ad litem for juveniles in juvenile court proceedings, and are not intended to replace or supersede them.

   (B) Responsibilities of Attorneys to Ensure High Quality Legal Representation.

   (1) Defense counsel for juveniles.

   (a) Counsel should elicit the juvenile's point of view and encourage full participation.

   (b) Counsel should use developmentally appropriate language to advise the juvenile in all matters.

   (c) Counsel should consult with the juvenile prior to all hearings, including detention hearings.

   (d) Before the first appearance, the attorney should explain the purposes of the juvenile code, consequences of the court finding the allegations of the petition to be true, and rights advisory [Neb. Rev. Stat. § 43-249].

   (e) The attorney should provide the client with copies of all pleadings and orders in their case.

   (f) When appropriate, counsel should obtain records, including by means of issuing a subpoena, concerning the juvenile's mental health; educational background and/or abilities; documents detailing school achievement and discipline; positive community or extracurricular activities; employment; involvement in the child welfare system; and prior police and court involvement.

   (g) Using sound discretion, the attorney should review with his or her client contents of all reports, service plans, case documents, and other materials relevant to the proceedings, including those identified in section (f) and take steps to verify the veracity of facts contained therein.

   (h) Counsel shall communicate every plea offer extended to the juvenile and should obtain the juvenile's permission prior to discussing the plea offer with the juvenile's parent, guardian, or custodian.

   (i) Counsel should explain to the juvenile how and when to communicate with counsel during the hearing and appropriate behavior expected in a courtroom.

   (j) Counsel should present evidence of material defenses, which may include capacity based on age, and concepts of adolescent development.

   (k) Counsel should make reasonable efforts to obtain current information of potential services and placement options for the juvenile.

   (l) Counsel should explain the dispositional process and disposition alternatives with the juvenile. Counsel should obtain the juvenile's permission before discussing with the client's parent, guardian, or custodian the dispositional process and, if the juvenile's permission is obtained, counsel should inquire about the willingness of the parent, guardian, or custodian to support the juvenile's proposed disposition alternatives.

   (m) Counsel shall not recommend a disposition to the court without the juvenile's consent.

   (n) Counsel shall review the content of the predisposition investigation report with the juvenile prior to disposition.

   (o) Counsel should advise the juvenile concerning the disclosure of the juvenile's record and the legal mechanisms available to seal the record.

   (p) Counsel should assist in legal needs of the juvenile by providing zealous representation in all stages of the proceedings, all hearings and matters which include, but are not limited to, further disposition hearings; revocation hearings; modification of terms of probation hearings; hearings for the purpose of committing the client to the Youth Rehabilitation and Treatment Center; investigating safety and well-being complaints in institutions; and problems that may require a new placement option.

   (q) The potential for conflict of interest between an accused juvenile and his or parent, guardian, or custodian should be clearly recognized and acknowledged. All parties should be informed that the attorney is counsel for the juvenile and that in the event of disagreement between a parent, guardian, or custodian, and the juvenile, the attorney represents the interests of the juvenile. Further, meetings that include the parent, guardian, or custodian may not provide the protection of privilege to the juvenile’s statements to his or her attorney.

   (2) Prosecuting attorneys.

   (a) The primary duty of the prosecutor is to seek justice while fully and faithfully representing the interests of the State. While the safety and welfare of the community, the victim(s), and juvenile(s) under Neb. Rev. Stat. § 43-247(3)(a) are the primary concerns, prosecuting attorneys should consider the special circumstances and rehabilitative potential of the juvenile in delinquency, status offense, or Neb. Rev. Stat. § 43-247(3)(c) cases, or of a parent, guardian, or custodian in a Neb. Rev. Stat. § 43-247(3)(a) case to the extent they can do so without unduly compromising their primary concern.

   (b) In determining whether to file formally or to offer pretrial diversion or mediation in cases under Neb. Rev. Stat. § 43-247(1), (2), (3)(b), or (4), the prosecutor should follow Neb. Rev. Stat. §§ 43-274 and 43-276.

   (c) Prosecutors should make transfer motion decisions on a case-by-case basis and take into account the individual factors set forth in Neb. Rev. Stat. § 43-276.

   (d) The decision to enter into a plea agreement should be governed by the interests of justice and Neb. Rev. Stat. § 43-246. The prosecutor should also consider the juvenile's, parent's, guardian's, or custodian's potential for rehabilitation.

   (e) For dispositions, the prosecutor should make a recommendation consistent with community safety after reviewing reports prepared by prosecutorial staff, the Department of Health and Human Services, the probation department, and others. In making a recommendation, the prosecutor should seek the input of the victim(s), or juvenile(s) in a Neb. Rev. Stat. § 43-247(3)(a) case, and consider the rehabilitative needs of the juvenile in delinquency, status offense, or Neb. Rev. Stat. § 43-247(3)(c) cases, or parent, guardian, or custodian in Neb. Rev. Stat. § 43-247(3)(a) cases, provided that they are consistent with community safety and welfare.

   (f) The prosecutor should consider the victim's input at all phases of the case. At the dispositional hearing, the prosecutor should make the court aware of the impact of the juvenile's conduct on the victim and the community. The prosecutor should also be required to keep victims informed at all stages of the proceedings if requested by the victim.

   (3) Attorneys that represent a parent, guardian, or custodian in juvenile court.

   (a) The attorney should explain the rights of the parent, guardian, or custodian to information and decisionmaking regarding the child(ren) while the child(ren) is under the jurisdiction of the juvenile court.

   (b) The attorney should provide the client with copies of all petitions, court orders, service plans, and other relevant case documents, including reports regarding the child(ren) except when expressly prohibited by law, rule, or court order. The attorney should review with his or her client, and take reasonable steps to verify the veracity of facts contained in all reports, service plans, and case documents relevant to their proceedings.

   (c) The attorney should be aware of the unique issues of an incarcerated parent, guardian, or custodian.

   (d) The attorney should be aware of the client's mental health status and be prepared to assess whether the parent, guardian, or custodian can assist with the case.

   (e) The attorney should advocate for appropriate services for the parent, guardian, or custodian; this could include requesting a guardian ad litem for the client.

   (f) The attorney should consider and discuss the possibility of appeal with the parent, guardian, or custodian.

   (g) The attorney should conduct discovery as necessary.

   (4) Agency and tribal attorneys.

   (a) Agency or tribal attendance at hearings is not required for all juvenile cases in which the agency or tribe is an interested party.

   (b) Once counsel for the agency or tribe has entered an appearance, the agency's or tribe's counsel is entitled to recognition as an attorney of record in the case. In addition, the agency's or tribe's counsel is responsible for identifying an address for which all pleadings, documents, exhibits, and other correspondence are to be sent.

   (c) The agency's or tribe's attorney role is to represent the agency or tribe and advocate for the agency's or tribe's position in a way that is consistent with agency and tribal standards.

   (d) The agency or tribal attorneys, or tribal representatives (see Neb. Rev. Stat. § 43-1504(3)) may offer evidence, file motions, and request hearings as necessary.

   (C) Duties of Attorneys.

   (1) Consultation with client.

   (a) The phrase "consultation with client" generally means meeting in person unless prohibited or made impracticable by exceptional circumstances as set forth herein.

   (b) Attorneys should consult with their client as soon as possible after being retained or appointed and as necessary thereafter when reasonably possible and at all those times and intervals as required by the Nebraska Juvenile Code.

   (c) Contact through distance technology may be used if in person contact is prohibited by distance and/or any other reason or circumstance that otherwise inhibits in person communication.

   (d) Where an unreasonable geographical distance is involved between the location of the client and the appointed attorney, the appointed attorney should explore the possibility of obtaining from the court an advance determination that the court will approve payment or reimbursement of the attorney's reasonable expenses, consistent with court appointment fees and expense rate in that judicial district, in connection with the travel to meet with the client.

   (2) Participation in court hearings.

   (a) Prosecutors, attorneys for juveniles, parents, guardians, and custodians should attend all court hearings unless excused by the court. All other attorneys should attend as requested by their client.

   (b) When feasible, the duties of appointed counsel should be personal to the attorney and should not normally be delegated to another person or lawyer. Where an attorney is unable or unavailable to attend a hearing due to reasons such as personal illness, emergency, involvement in another court hearing, or absence from the jurisdiction, such attorney should make proper arrangements for another attorney to attend the hearing. It is the responsibility of the attorney making such arrangements to ensure that the attorney who assumes his or her duties is qualified as provided by these guidelines.

   (c) Attorneys representing juveniles, parents, guardians, or custodians should advocate for their clients to be present at all court hearings as appropriate and should take steps where necessary to ensure such attendance on the part of the client.

   (3) Duty to provide quality representation.

   (a) Any attorney appearing in juvenile court is expected to acquire sufficient working knowledge of the Nebraska Juvenile Code and all relevant federal laws, state laws, regulations, policies, and rules.

   (b) Attorneys should not accept caseloads that are likely to lead to representation that is ineffective to protect the interests of their client or likely to breach the professional obligations of the attorney.

   (c) Attorneys should attend and participate in case planning, family group decisionmaking, and other meetings a client may have with the child welfare agency. In the event it is impracticable to attend the meeting, the attorney should timely follow up with applicable professionals involved.

   (d) Counsel should inform the client of the right to appeal a final order and explain the consequences of the decision to waive an appeal.

   (D) Termination of Authority.

   (1) The authority of the attorney shall commence upon appointment or entry of appearance by retained counsel, and shall continue until such time as the court terminates its jurisdiction, or there are no scheduled review hearings in court, or the court otherwise discharges the attorney.

   (2) An attorney may withdraw from representation when the attorney files a motion to withdraw, and the court, in its discretion, enters a corresponding order granting such withdrawal. Termination of representation may only be sought or granted if it is in compliance with Neb. Ct. R. § 3-501.16.

   (3) Judges are encouraged to make inquiry of appointed attorneys that fail to fully comply with these guidelines. An appointed attorney may be removed from a case for cause, where the court finds that the attorney's performance is inadequate, that the attorney has failed to discharge duties or to protect the interests of the client for whom the attorney was appointed, or that any other factor or circumstance prevents or substantially impairs the attorney's ability to fairly and fully discharge his or her duties.

   (E) Compensation for Court-Appointed Attorneys.

   (1) An attorney appointed by a court shall be paid at the hourly rate established by the court.

   (2) Generally, no distinction should be made between rates for services performed in and outside of court, and the same rate should be paid for any time the attorney spends traveling in fulfilling his or her professional obligations.

   (F) Education.

   (1) Appointed counsel. To be considered a candidate for appointment in a juvenile case under the Nebraska Juvenile Code for a juvenile, parent, guardian, or custodian, an attorney should have completed sufficient continuing legal education relating to the Nebraska Juvenile Code and practice in the Nebraska juvenile courts.

   (2) Retained or other counsel. Attorneys who are not appointed by the court to represent juveniles, parents, guardians, or custodians, and are either privately retained or represent the State, other agencies, or tribes, are encouraged to obtain education that furthers compliance with these guidelines and includes education regarding the Nebraska Juvenile Code or education related to the attorney's specific practice in the juvenile courts.

§ 6-1706 adopted September 27, 2017; § 6-1706 amended June 15, 2022.

  (A) On or before January 1, 2022, the county court, district court, and separate juvenile court judges within each judicial district shall jointly adopt a local rule setting out the procedures governing emergency modified court operations in their judicial district.

   (B) Such local rule shall include, but not be limited to:

   (1) Establishing criteria for how the judicial district will determine when emergency modified court operations should be implemented, and when normal court operations should resume;

   (2) Listing the stakeholders within the judicial district to include in planning and implementing any emergency modified court operations.

   (3) Identifying who within the judicial district will coordinate and facilitate communication with the group of justice stakeholders to plan and implement any emergency modified court operations plan;

   (4) Listing all mission essential functions to be considered and addressed in any emergency modified court operations plan; and

   (5) Identifying how court users and the public will be informed when emergency modified court operations are implemented and when they are discontinued.

   (C) Such local rule shall be governed by § 6-1702.

§ 6-1707 adopted November 24, 2021.

   This rule provides a process to ensure that a juvenile has consulted with counsel, and if not, is provided with the opportunity to consult with counsel prior to the juvenile exercising his or her right to waive his or her right to counsel.

   At the first appearance, when the petition alleges the juvenile to be within the provisions of subdivision (1), (2), (3)(b), or (4) of Neb. Rev. Stat. § 43-247 and the juvenile appears without counsel, or expresses the desire to waive the right to counsel, the court shall explain to the juvenile that the juvenile has a right to consult with counsel prior to waiving his or her right to counsel. The court shall inquire if the juvenile consulted with counsel prior to the appearance. If the juvenile did not consult with counsel, the court shall inquire if the juvenile wishes to consult with counsel prior to waiving his or her right to counsel. If the juvenile did not consult with counsel and does not wish to consult with counsel, the court may accept the waiver, provided the waiver complies with Neb. Rev. Stat. § 43-3102. If the juvenile wishes to consult with counsel prior to waiving his or her right to counsel, the court shall recess or continue the proceeding for the limited purpose of consulting on the waiver of the right to counsel and, if appropriate, appoint counsel as provided in Neb. Rev. Stat. § 43-272, or otherwise provide the juvenile with the opportunity to consult with counsel.

§ 6-1708 adopted May 19, 2022, effective July 1, 2022.

   (A)(1) If a court concludes that evidence in a proceeding falls within the scope of Neb. Rev. Stat. § 27-1301, and based thereon limits access to or reproduction of such evidence, the court shall, unless otherwise required by law, constantly and continuously retain care, custody, and control of such property or material, except upon a specific order of that court directing otherwise, such as pursuant to § 27-1301(3)(b).

   (2) If a party requests that such evidence be submitted to the appellate courts as part of the record on appeal, it shall be clearly and conspicuously identified as § 27-1301 property or material and shall be placed in a separate sealed envelope or container, as appropriate, prior to being forwarded to the clerk of the appellate court. The procedures within this rule shall apply to property or material falling within the scope of § 27-1301 which is introduced into evidence in a court proceeding, whether it is received or excluded by the court, if such evidence is retained by the court as part of the record in the case.

   (3) Upon return of such evidence to the trial court following disposition of an appeal, care, custody, and control of such material or property shall remain the responsibility of that court until such evidence is returned to the proper introducing attorney in accordance with Neb. Ct. R. §§ 6-501 through 6-505 or as otherwise ordered by the court.

   (B)(1) In all appeals involving property or material constituting visual depiction of sexually explicit conduct involving a child, as defined by § 27-1301, if such evidence is forwarded to the clerk of the court to which the appeal is taken, including a district court acting as an appellate court, and becomes part of the record on appeal, the appellate court shall constantly and continuously retain care, custody, and control of such material and it shall not be removed from the office of the clerk except upon order of that court.

   (2) The provisions of this rule shall apply to any § 27-1301 property or material at issue in an administrative agency proceeding where such property or material is subsequently filed with the record on appeal to any court.

   (A) For purposes of making property or material constituting visual depiction of sexually explicit conduct involving a child "reasonably available" to a defendant as required by Neb. Rev. Stat. § 27-1301(3)(a), any specialized equipment or facilities necessary for inspection, viewing, examination, and analysis of such evidence shall be the responsibility of the introducing attorney or law enforcement. Courts shall not be required to acquire or provide specialized equipment or establish new facilities to effectuate the purpose of § 27-1301(3)(a).

   (B) If a copy of property or material constituting visual depiction of sexually explicit conduct involving a child is provided to a defense expert pursuant to § 27-1301(3)(b) by any court or agency, any defendant or his or her attorney seeking further access to such evidence in any other court shall be required to show good cause for requiring such access.

   The purpose of § 6-1901 is to provide the courts and probation with a procedure to ensure prompt court review of requests for the imposition of custodial sanctions.

   (A) When a probationer, who is eligible for a custodial sanction pursuant to Neb. Rev. Stat. § 29-2266.02(3)(b), admits to a violation of probation, consents to a custodial sanction, and waives the right to a hearing in writing, or when such probationer declines to acknowledge the violation of probation, the violation report and request for a custodial sanction shall be forwarded by the probation office to the court within 2 working days following the probation officer's detection of the violation, for judicial approval or denial.

   (B) If the probationer admits to a violation of probation, consents to a custodial sanction, and waives the right to a hearing in writing, the court shall either: (1) if the court approves the custodial sanction, within 5 judicial days of receiving the violation report and request for a custodial sanction, issue and distribute a commitment order with instructions as to the time, date, institutional location, and duration of the custodial sanction; or (2) schedule a hearing to determine whether the requested sanction is too severe or not severe enough.

   (C) If the probationer declines to acknowledge the violation or declines to agree to the custodial sanction, the probation officer shall immediately obtain a hearing date from the court.

   (D) The court shall make every effort to conduct a hearing within 10 judicial days following receipt of the notification of violation report and request for a custodial sanction. If a hearing cannot be held within this timeframe, one shall be scheduled at the earliest opportunity. If the probationer does not have counsel and requests counsel but cannot afford one, the court shall appoint counsel to represent the probationer prior to the hearing. The probation officer shall also provide notice of the hearing to the appropriate prosecuting attorney and to the probationer.

   (E) The court shall receive into evidence the affidavit in support of custodial sanction and any evidence provided by the probationer or counsel for the State or counsel for the defendant. An assigned probation officer shall appear. The hearing may be held, and attorneys, the probation officer, and the probationer may appear, by way of video or other technology when available. 

   (F) After the hearing, if the court determines that the probationer has violated probation and that a custodial sanction should be imposed, the court shall issue and distribute a commitment order with instructions as to the time, date, institutional location, and duration of the custodial sanction. Otherwise, the court shall issue an order denying the request for custodial sanction.

§ 6-1901 adopted December 16, 2015; § 6-1901 amended June 29, 2016.

   The purpose of § 6-1902 is to ensure compliance with the Interstate Compact for Adult Offender Supervision rules and regulations, which carry the weight of federal law and require that probationers transferred between states be supervised as would probationers in the state in which they are supervised. See Neb. Rev. Stat. §§ 29-2639 and 29-2640. Probationers under supervision in Nebraska, but on probation from other states, are also subject to the application of custodial sanctions while being supervised in Nebraska. The following is intended to ensure prompt court review of requests for the imposition of custodial sanctions.

   (A) The presiding district court judge, or designee, in the jurisdiction in which the probationer is under supervision shall serve as the authorizing court for purposes of administrative and custodial sanctions in accordance with § 6-1901. 

§ 6-1902 adopted December 16, 2015.

   The purpose of § 6-1903 is to ensure the length of supervision is consistent with the risk and need of individuals and fully incorporated into probation supervision practices. The following is intended to provide structure for early discharge where appropriate, for low to moderate risk to reoffend individuals, thereby maximizing probation resources.

   (A) Pursuant to Neb. Rev. Stat. § 29-2263(1) and (2), the probation officer may submit an application for early discharge at any time. The probation officer shall submit an application for early discharge if the following have been met:

   (1) Three-quarters of the imposed sentence is served;

   (2) No major violations during the preceding 6 months;

   (3) The individual is in compliance with all other conditions, including, but not limited to, being current on fees owed and having paid all restitution, court costs, and fines in full; and

   (4) The assessed risk level indicates the individual is at a reduced risk of recidivism.

   (B) Pursuant to Neb. Rev. Stat. § 29-2263(1) and (2), the court may consider early discharge at any time. The court shall consider early discharge of eligible probationers, upon application, who have served at least three-quarters of the period of probation and after review of a discharge summary received from the probation office. The discharge summary shall provide information regarding performance while under supervision, demonstrated behavioral change, and reduction in risk including, but not limited to, no major violations during the preceding 6 months and compliance with all conditions, including fees, restitution, court costs, and fines.

   (C) Upon approval by the court, the order shall be filed with the Court Clerk and notice given to the probationer and counsel of record. Victims shall be notified if required by law. Upon denial by the court, the court shall communicate to the probation officer who shall notify the probationer. 

§ 6-1903 adopted December 16, 2015.

   The purpose of § 6-1904 is to ensure that as a part of a determinate sentence, a post-release supervision plan is created to offer a smooth, meaningful, and comprehensive transition of probationers from a term of incarceration to community supervision. A post-release supervision plan shall be confidential.

   (A) In cases requiring a determinate sentence pursuant to Neb. Rev. Stat. § 29-2204.02, the court shall, at the time a sentence is pronounced, impose a term of incarceration and a term of post-release supervision pursuant to Neb. Rev. Stat. § 29-2204.02(1), and shall enter a separate post-release supervision order that includes conditions pursuant to Neb. Rev. Stat. § 29-2262. The court shall specify, on the record, that conditions of the order of post-release supervision may be modified or eliminated pursuant to Neb. Rev. Stat. § 29-2263(3).

   (B) The court shall receive a post-release supervision plan no later than 45 days prior to the individual’s anticipated date of release from the Department of Correctional Services. The court shall consider modification to the post-release supervision order, upon application and recommendation, based upon the post-release supervision plan from the probation office. The plan shall be collaboratively prepared by the Office of Probation Administration and the Department of Correctional Services to provide information regarding performance and programming while incarcerated, an updated risk/needs assessment, along with a community needs and service assessment.

   (C) The court shall receive a post-release supervision plan no later than 30 days prior to the individual’s anticipated date of release from the local county jail. The court shall consider modification to the post-release supervision order, upon application and recommendation, based upon the post-release supervision plan from the probation office. When an individual has been incarcerated in a local county jail, the post-release supervision plan shall be defined as the presentence investigation, or a subsequent risk and needs assessment, and other available information.

   (D) No later than 30 days prior to the individual’s anticipated date of release from the Department of Correctional Services, the court shall, if applicable, modify the post-release supervision order. No later than 15 days prior to the individual’s anticipated date of release from local county jail, the court shall, if applicable, modify the post-release supervision order. 

§ 6-1904 adopted December 16, 2015; § 6-1904(A) adopted June 29, 2016. 

   The purpose of § 6-1905 is to provide the courts with a procedure to ensure that fees, filings, custodial sanctions, and appointment of counsel on transferred Interstate Compact cases pursuant to the Interstate Compact for Adult Offender Supervision are recorded in JUSTICE, thus promoting uniform, statewide recordkeeping. See Neb. Rev. Stat. §§ 29-2639 and 29-2640.

   (A) Upon receipt of the signed Nebraska Interstate Compact Offender Agreement, the Nebraska Compact Office shall forward, within 5 judicial days, the following to the District or County Court Clerk in the county in which the probationer will be supervised:

   (1) The probation terms and conditions from the sending state.

   (2) The Nebraska Interstate Compact Agreement signed by both the probationer and the supervising probation officer.

   (B) Upon receipt of the signed Nebraska Interstate Compact Offender Agreement, and within 5 judicial days, the Court Clerk in the receiving county shall enter the transferred case details into JUSTICE and assign the case a distinguishing case number denoting the case is an Interstate Compact transfer case.

   (C) Unless otherwise expressly provided by law, no filing fees or court costs shall be assessed in an Interstate Compact transfer case.

§ 6-1905 adopted December 16, 2015.

   (A) Inspection of presentence reports under Neb. Rev. Stat. § 29-2261 and predispositional reports of juveniles under Neb. Rev. Stat. § 43-2,108(4) ("reports") by the prosecuting attorney, juvenile's counsel, and defense counsel shall be by electronic means as determined and developed by the Administrative Office of the Courts and Probation unless the trial court determines such access is not available.

   (B) All probation districts shall follow a standardized procedure and process for creating, storing, inspecting, and sharing reports. The Administrative Office of the Courts and Probation shall provide instruction on procedures so that each probation district is creating and sharing the same information in the same manner.

   (C) Once a court orders a report under § 29-2261 or § 43-281, and the report is completed for a criminal defendant or juvenile, the probation office shall convert the report and any evaluation(s) and/or examination(s) into a portable document format (PDF), bearing the file extension ".pdf" containing a computer-readable image of a document, capable of being viewed with a recent version of Adobe Reader or similar software.

   (D) The Probation Office shall upload the report into the probation case management system. Once the document has been uploaded, it will be available for the judge to view via the court case management system and via the court-authorized service provider judge portal.

   (E) Once the report is received electronically, the judge may then open electronic access to the prosecuting attorney, juvenile's counsel, and defense attorney entered on the case, as specified in the court's case management system, JUSTICE. Attorney access is via the Internet through the court-authorized service provider for E-Filing. A judge may provide access to the report to another judge who may be sentencing the same individual in a different court and may provide access to the report to any other attorney authorized by statute to have such access.

   (1) The report and its contents shall not be disclosed directly or indirectly by the attorneys or the trial judge absent a court order specifying to whom the report may be disclosed.

   (2) Attorneys shall not permit others to use their log-in or password information to view or inspect reports in the E-Filing portal.

   (3) Except as set forth in § 6-1906(E)(5), attorneys shall not duplicate reports by printing, copying, or saving them, or through screenshots, photographs, or other measures. Anyone determined to have duplicated a report by any means, or otherwise breached the confidentiality of a report, may be charged with contempt of court and/or referred to the Counsel for Discipline for further action.

   (4) The trial court shall determine when access to the report through the portal by the named attorneys shall cease.

   (5) An attorney may make one printed copy of a report or utilize one electronic copy of a report on a single electronic device by complying with all of the following conditions:

   (a) The attorney’s name and bar number must appear on each page of the printed document or electronic copy;

   (b) The printed copy or the electronic device must remain within the attorney’s possession and control at all times;

   (c) The juvenile’s counsel or defense counsel shall not show or display the report to any person other than his or her client who is the subject of the report;

   (d) The attorney shall not permit any person, including the client who is the subject of the report, to exercise possession or control of the report, or to copy any of its contents by any method;

   (e) The attorney shall not transmit any such copy by any means to any person who has not been authorized by the judge to receive a copy;

   (f) Immediately after sentence has been imposed in a criminal matter, the prosecuting attorney and defense counsel shall:

   (i) Deliver the printed copy to a probation officer present at sentencing or to the local probation office for destruction, or comply with any alternative instructions of the sentencing judge to accomplish destruction;

   (ii) Shall immediately and permanently delete the electronic copy.

   (g) Juvenile hearings.

   (i) The court shall provide access to reports and evaluations of the juvenile to the juvenile’s counsel and the prosecuting attorney prior to any hearing in which the report or evaluation will be relied upon;

   (ii) Juvenile counsel who maintain a printed or electronic copy of a report and/or evaluations to be used at a subsequent hearing are not in violation of this rule as long as the records are not distributed or confidentiality is not breached;

   (iii) If juvenile court jurisdiction is terminated, or the juvenile’s counsel withdraws or is no longer counsel, the juvenile’s counsel shall deliver any printed reports or evaluations to the probation office for destruction, or comply with any alternative instruction of the judge to accomplish such destruction, and shall permanently delete the electronic copy of any report and/or evaluation.

   (6) Substitute attorney compliance and reporting violations.

   (a) Any attorney who substitutes for the original attorney shall be responsible to comply with all of these conditions;

   (b) Any probation officer or probation staff member who becomes aware of any failure to comply with any of these conditions shall promptly notify the district Chief Probation Officer, who shall notify the judge; and

   (c) Any judge or attorney who becomes aware of any failure to comply with any of these conditions shall promptly take appropriate action, which may include reporting the same to the court and/or Counsel for Discipline.

   (F) Once the Probation Office completes a report, any addenda or supplements to the report shall be given to the Probation Office, even if personally received by the trial court, for inclusion in the report. If addenda or supplements are received by the court on the date of sentencing or disposition, then the court shall provide the original to the Probation Office as soon as practicable for inclusion in the report and may allow the prosecuting attorney and defense counsel to inspect a copy.

   (G) Appeals. If the conviction, adjudication, disposition, and/or sentence is appealed, transfer of the report to the appellate courts shall be electronic, in a manner prescribed by the Administrative Office of the Courts and Probation.  This procedure shall be deemed to be in compliance with the provisions of chapter 2 of these rules.

   (1) Attorney access is through the E-Filing portal. The sentencing or juvenile judge shall open electronic access to the State’s attorney, juvenile’s counsel, and defense counsel entered on the case. The provisions of § 6-1906(E) (1), (2), and (5) shall apply to reports viewed in the appellate courts except that after issuance of the mandate in the appeal, counsel shall proceed as provided in § 6-1906(E)(5)(f)(i) or (ii). Electronic access shall also be available in the office of the Clerk of the Supreme Court and Court of Appeals using the terminal provided.  

   (2) Whenever the mandate in the appeal has issued, access to the report through the portal by the named attorneys shall cease.

   (H) Access to the report by the appellate courts for cases on appeal shall be through the appellate courts' secure systems.

§ 6-1906 adopted June 29, 2016; § 6-1906 amended September 18, 2019.

   (A) Expanded news media coverage shall be permitted in the county and district courtrooms in Nebraska courts, except as otherwise provided for within these rules.

   (1) Expanded news media coverage is prohibited by anyone other than court personnel, those authorized under these rules, and/or as otherwise ordered by a judicial officer.

   (2) The Nebraska Juvenile Code serves the best interests of the child through protecting privacy, nonpunitive interventions, and rehabilitative outcomes. Expanded news media coverage therefore is not permitted in actions pending in Nebraska’s juvenile courts.

   (B) The official record of all judicial proceedings are the exclusive duty of the official court reporters and courtroom clerks pursuant to Neb. Ct. R. § 1-201 et seq.

§ 6-2001 adopted December 21, 2016, effective March 1, 2017; § 6-2001 amended June 24, 2020; § 6-2001 amended March 10, 2021.

   (A) Conference. A conference refers to any conversation between attorneys and their clients, between co-attorneys, between attorneys and the judicial officer and court staff held at the bench, judicial chambers, or judicial staff offices. It extends to include attorney’s notepads, computer screens, or any communication intended to be private or confidential.

   (B) Credentials. News media which has consented to providing expanded news media coverage in compliance with the Rules for Expanded News Media, Neb. Ct. R. §§ 6-2001 through 6-2005, and demonstrated proficiency in providing expanded news media coverage may, upon application with and the approval of the Public Information Office of the Nebraska Supreme Court, be considered qualified for credentialing by the Public Information Officer.

   (C) Expanded News Media Coverage. Expanded news media coverage includes broadcasting, recording, photographing, and live electronic reporting of judicial proceedings by the news media for gathering and disseminating news in any medium.

   (1) Electronic device notetaking does not constitute expanded news media coverage. See § 6-2003(N).

   (D) Good Cause. Good cause means a substantial reason; one that affords a justifiable basis which is a subjective, factual question within the sole discretion of the judicial officer. A finding of good cause by the judicial officer for exclusion, suspension, or termination of expanded news media coverage does not constitute closing in whole or in part judicial proceedings as promulgated in Neb. Ct. R. §§ 6-201 through 6-205.

   (E) Judicial Officer. Judicial Officer is any presiding judge of the judicial district and any Nebraska judge or clerk magistrate presiding over the case in which expanded news media coverage under these rules applies.

   (F) Judicial Proceedings or Proceedings. All public trials, hearings, or other proceedings in a trial court, for which expanded news media is requested, except as specifically excluded by these rules.

   (G) News Media. Any authorized representative of a news organization that has been credentialed by the Public Information Officer of the Nebraska Supreme Court.

   (H) News Media Coordinator. Coordinators include only those designated by the Nebraska Supreme Court (see § 6-2004(B)).

§ 6-2002 adopted December 21, 2016, effective March 1, 2017; § 6-2002(A) amended June 24, 2020; § 6-2002 amended March 10, 2021.

   Expanded news media coverage of judicial proceedings as set forth in the definition of Judicial Proceedings (see § 6-2002(F)) shall be permitted under the following conditions and limitations:

   (A) Prior authorization. Except as set forth in subsection (E), no expanded news media coverage shall occur without prior authorization from the judicial officer, who may prescribe conditions of coverage as provided in this rule.

   (B) Rights to a fair trial. Expanded news media coverage of a proceeding is permitted unless the judicial officer finds that under the circumstances of the particular proceeding, such coverage would interfere with the rights of the parties to a fair trial.

   (C) Objections. Parties to the proceeding may object to expanded news media coverage of the judicial proceeding (see exception § 6-2003(E)). The ruling by the judicial officer on objections rests within the sole discretion of the judicial officer and is a nonappealable temporary injunction or suspension of expanded news media coverage.

   (D) Coverage of witnesses.

   (1) Expanded news media coverage of a witness may be denied by the judicial officer upon objection and showing of good cause.

   (2) Expanded news media coverage of the testimony of an alleged victim/witness in criminal or civil cases when the alleged victim/witness is a minor under 19 years of age, the proceedings relate to sexual abuse or sexual assault, or such are essential elements of the matter is not allowed.

   (E) Initial appearances in criminal proceedings in County Court.

   Expanded news media coverage of initial appearances in criminal proceedings in County Court involving bond settings and arraignments is permitted unless otherwise ordered by the court pursuant to § 6-2003(B), (F), and (J). The right of parties to object to expanded media coverage involving bond settings and arraignments does not extend to such proceedings.

   A judicial officer's granting of expanded news media coverage of an initial appearance applies only to that particular initial appearance. Authorization for expanded news media coverage of proceedings subsequent to the initial appearance must be requested separately under § 6-2004(C).

   (F) Excluded judicial proceedings. Expanded news media coverage is prohibited in:

   (1) pretrial criminal motion hearings;

   (2) all juvenile court proceedings;

   (3) criminal and civil cases where the plaintiff and/or defendant is under 19 years of age at the time of the judicial proceeding except in criminal cases in which the defendant, although a minor, is charged as an adult and the court has approved expanded news media coverage for that proceeding;

   (4) dissolution/divorce/modification/child support enforcement hearings;

   (5) all adoption proceedings;

   (6) all paternity case proceedings;

   (7) all protection order hearings;

   (8) all guardianship/conservatorship/probate case proceedings;

   (9) all trade secret case proceedings; 

   (10) all criminal and civil jury selection as further defined in § 6-2003(G); and

   (11) all grand jury proceedings.

   Note: Exceptions may be granted for subsections (1) through (9) when consent is obtained from all parties but remains subject to approval by the judicial officer.

   (G) Coverage of jurors. In all circumstances, expanded news media coverage of all summoned and/or impaneled jurors is prohibited. However, expanded news media coverage of the return of the jury's verdict shall be permitted, so long as there is no photographic, video, or audio coverage of jurors.

   (H) Court conferences. Expanded news media coverage of conferences (see § 6-2002(A)) held in a judicial proceeding between attorneys and their clients, between co-attorneys, between attorneys and the judicial officer and court staff held at the bench, judicial chambers, or judicial staff offices is prohibited, as is all related attorney work product on screens or in writing.

   (I) Equipment. The quantity and types of equipment permitted in the courtroom are subject to the discretion of the judicial officer consistent with these rules.

   (J) Limiting coverage during the proceedings. The judicial officer may exclude, suspend, limit, and/or terminate expanded news media coverage by one or more individual news reporters at any time during the proceedings in the event the judicial officer finds that these rules, or additional rules imposed by the judicial officer, have been violated or there is good cause to believe that the rights to a fair trial will be prejudiced.

   (K) Identification. All news media personnel authorized to broadcast, record, photograph, and live electronic report (e.g., tweeting, instant blogging, etc.) judicial proceedings in the courtroom must wear proof of Public Information Office credentialing that is clearly visible to the judicial officer, court security, the public, and members of the jury. Said personnel shall also be subject to any and all security screening/scanning as deemed necessary by any office or agency providing security for the particular courtroom or judicial proceeding. Identification must be in the form approved by the Public Information Office of the Nebraska Supreme Court.

   (L) Violation. Expanded news media coverage of one or more individual news reporters may be excluded, suspended, limited, and/or terminated by the judicial officer if there is good cause to find the news media has acted or failed to act in compliance with these rules and/or the order permitting expanded news media coverage in force at the time of the violation. A judicial officer’s finding of a violation is separate from an administrative suspension or revocation of credentials imposed by the Public Information Office of the Nebraska Supreme Court.

   (M) Administrative Suspension or Revocation of Media Credentials. The Public Information Officer of the Nebraska Supreme Court may suspend or revoke the credentials of a journalist upon the violation of these rules or an order of a judicial officer. Journalists who have suspended or revoked credentials by the Office of Public Information must reapply for credentialing. An administrative suspension or revocation of credentials does not constitute the closing of judicial proceedings.

   (N) Electronic device notetaking. Electronic device notetaking does not constitute expanded news media coverage under these rules and, therefore, shall be allowed by the court, with the following limitations:

   (1) Notetaking includes the typing of notes during court proceedings; or, the audio recording of court proceedings to be utilized only to check for accuracy of news reporting.

   (2) No audio recording of any kind shall be made of testimony provided by a child victim, a victim of sexual abuse or sexual assault as provided under § 6-2003(D)(2), a victim of domestic violence, or if the judicial officer denied expanded news media coverage of a witness under § 6-2003(D)(1).

   (3) Any dissemination of a copy of an audio recording made for purposes of notetaking requires permission under § 6-2004.

§ 6-2003 adopted December 21, 2016, effective March 1, 2017; § 6-2003(F) amended and (M) adopted June 24, 2020; § 6-2003 amended March 10, 2021.

   (A) Credentialing. The Office of Public Information shall create, manage, and maintain an administrative process for issuance of credentials and maintaining a list of those in good standing with these rules. Credentials will be issued to journalists who write for newspapers or magazines with regular frequency of publication or prepare news to be broadcast on radio or television licensed by the Federal Communications Commission. In order to be credentialed, a journalist must successfully complete a review concerning these rules. Issued credentials shall expire two (2) years after the date of issuance. It will be the responsibility of the news media person to maintain current credential certification and comply with these rules in order to remain in good standing. 

   (1) The Office of Public Information shall maintain a list of those having been issued credentials and their status.

   (2) If the Public Information Officer determines the credentialed news media person is no longer in good standing, the news media person’s credentials may be suspended or revoked by the Public Information Officer. Those who have been suspended or revoked credentials by the Office of Public Information must reapply for credentialing before being eligible to apply for expanded news media coverage.

   (3)  If the journalist is no longer employed by the news media organization he or she was so affiliated at the time of most recent credentialing, the credential shall be deemed expired from the date of last employment or notification to the Office of Public Information.

   (4) If the news media person has failed to timely renew credentialing, such credentials shall be expired. Those with expired credentials must apply for renewal of credentials.

   (B) News media coordinator. News media coordinators are appointed by the Nebraska Supreme Court. The judicial officer and all members of the media shall work, whenever possible, with and through the appropriate news media coordinator regarding all arrangements for expanded news media coverage. The Nebraska Supreme Court will designate the jurisdiction of each news media coordinator. In the event a news media coordinator is not available for a particular proceeding, the judicial officer may deny expanded news media coverage or may temporarily appoint a news media representative to serve as the news media coordinator for the proceeding.

   (C) Advance notice of coverage.

   (1) All requests for expanded news media coverage in all proceedings, except initial appearances in criminal cases in county court (see § 6-2003(E)), shall be made to the news media coordinator. The request must be in written form, using the forms approved by the Administrative Office of the Nebraska Supreme Court and filed with the clerk of the court where the proceedings are pending. No applicant to provide expanded media coverage shall so apply unless he or she is in good standing with these administrative credentials.

   The request shall be filed at least seven business days in advance of the first proceeding in which expanded media coverage is requested. If the judicial proceeding is scheduled sooner than seven business days before the request, notice of the request shall be given as soon as practicable. An approved request for expanded media coverage of all proceedings along with all subsequent permissible proceedings (within that particular level of the court system) is authorized without additional notice subject to the court’s determination that there is good cause to limit or terminate coverage for a particular hearing. If the case moves to a different level of the court system (e.g., from county court to district court), a new request for expanded news media coverage must be submitted in the new court of jurisdiction.

   (2) The request for coverage shall be entered into the JUSTICE system by court staff using the assigned code. Requests are delivered to all parties and the judicial officer assigned to the case using the automated system.

   (3) Requests and notices shall be given using the forms approved by the Administrative Office of the Nebraska Supreme Court.

   (D) Objections to expanded news media coverage.

   (1) A party to a proceeding, except an initial appearance in a criminal case in county court (see § 6-2003(E)), objecting to the request for expanded news media coverage must file a written objection using forms approved by the Administrative Office of the Nebraska Supreme Court.

   The objection shall be filed at least three days before commencement of the proceeding. When the proceeding is not scheduled at least seven business days in advance, the objecting party must give notice of the objection as soon as practicable after the proceeding is scheduled.

   (2) A copy of the objection shall be sent electronically, delivered by ordinary mail, or delivered in person to the last known contact of all attorneys of record, parties appearing without attorney representation, Supreme Court Information Officer, the appropriate court administrator, and the judicial officer expected to preside at the proceeding for which expanded news media coverage is requested.

   (3) Rulings on timely objections shall be made by the judicial officer prior to the commencement of the proceedings or as reasonably practical. The objecting party may be afforded an opportunity to present evidence by affidavit.

   The judicial officer may rule on an objection on the basis of the written objection alone or on the combination of the written objection and the affidavits presented as evidence in the form of attachments to the objection.

   (4) The deadline for filing of objections may be modified in the discretion of the judicial officer.

   (5) The granting or denial of the objection to expanded news media coverage is a nonappealable temporary injunction or suspension of expanded news media coverage.

§ 6-2004 adopted December 21, 2016, effective March 1, 2017; § 6-2004(B) amended June 24, 2020; § 6-2004 amended March 10, 2021; § 6-2004(C)(2) amended January 18, 2023.

   (A) Equipment specifications. Equipment to be used by the news media in courtrooms during judicial proceedings must be unobtrusive and must not produce distracting sound. In addition, such equipment must satisfy the following criteria, where applicable:

   (1) Still cameras. Still cameras and lenses must be unobtrusive and not cause distracting light or sound.

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

   (3) Audio equipment. Microphones, wiring, and audio recording equipment shall be unobtrusive and of adequate technical quality to prevent interference with the judicial proceeding being covered. The judicial officer must approve any changes in existing courtroom audio systems. No modifications of existing systems should be made at public expense. Microphones for attorneys and judicial officers to use must be equipped with off/on switches to facilitate compliance with § 6-2003(H).

   (4) Electronic devices. All electronic devices used for recording audio, video, or still images must adhere to § 6-2005(C)(1). Electronic devices include, but are not limited to, laptop computers, cellular telephones, personal digital assistants, smart phones, and tablet computers. The news media seeking expanded coverage shall disclose in advance all devices which will be used by the news media.

   (5) Advance approval. It shall be the duty of news media personnel to demonstrate to the judicial officer reasonably in advance of the proceeding that the equipment sought to be utilized meets the criteria set forth in this rule. Failure to obtain advance judicial approval for equipment may preclude its use in the proceeding.

   (6) Timeliness. All news media equipment and personnel shall be in place at least 15 minutes prior to the scheduled time of commencement of the proceeding.

   (B) Lighting. Other than light sources already existing in the courtroom, no flashbulbs or other artificial light device of any kind shall be used in the courtroom. With authorization of the judicial officer, modifications may be made in light sources existing in the courtroom (e.g., higher wattage light bulbs), provided such modifications are installed and maintained without public expense.

   (C) Equipment and pooling. The following limitations on the amount of equipment and number of photographic and broadcast news media personnel in the courtroom shall apply:

   (1) Video recording, audio recording, and still photography.

   (a) one still camera and

   (b) one television camera or video recorder;

   (c) component parts of cameras or video recorders and operators shall, when practical, be located adjacent to the courtroom;

   (d) audio recording devices must utilize existing courtroom equipment unless otherwise approved by the judicial officer.

   (2) Electronic devices not used for recording audio, video, or still images. The devices defined in
§ 6-2005(A) may be used in the courtroom by members of the news media for live electronic reporting with advance approval from the judicial officer, provided the equipment does not make any disruptive noise or interfere with court equipment. Electronic devices may not be used for telephone calls by anyone in the courtroom. Electronic devices for photography, video recording, audio recording, or streaming video may not be used by anyone in the courtroom unless approved by the judicial officer in advance. The rule applies to news media only as defined in § 6-2002(G). Use of such electronic devices by others is prohibited.

   (3) Pooling. Where the above limitations on equipment and personnel make it necessary, the news media shall be required to pool equipment and personnel. Designation of a pool camera is the sole responsibility of the court’s media coordinator. Multiday trials will require a credentialed news media representative to coordinate the daily rotation of camera operators. The judicial officer and court’s media coordinator will not mediate disputes between media representatives from news organizations regarding daily rotation of camera operators. Representatives of news media are responsible for contributing to electronic pool coverage of judicial proceedings. If a news organization is incapable of contributing to pool coverage, the news media representatives shall facilitate the ability to provide pool coverage for each credentialed news organization approved to cover a particular judicial proceeding.

   (D) Location of equipment and personnel. Equipment and operating personnel, including news media using electronic devices to transmit and receive data communication, must be located in, and coverage of the proceedings must take place from, an area or areas the judicial officer designates within the courtroom. The area or areas designated shall provide reasonable access to the proceeding to be covered.

   (E) Movement during proceedings. Television cameras and video and audio equipment may be installed in or removed from the courtroom only when the court is not in session. In addition, such equipment shall at all times be operated from a fixed position. News media personnel are prohibited from moving about the courtroom while proceedings are in session, nor shall they engage in any movement which attracts undue attention.

   (F) Variance application. The judicial officer, upon application of the news media, may permit the use of equipment or techniques at variance with the rules, provided the application for variance is included in the advance notice of coverage provided for in § 6-2004(C). Objections, if any, shall be made as provided in § 6-2004(D). Approval or denial of the variance application is in the sole discretion of the judicial officer.

   (G) Decorum. All news media personnel shall be properly credentialed and shall maintain proper courtroom decorum at all times while covering a judicial proceeding.

§ 6-2005 adopted December 21, 2016, effective March 1, 2017; § 6-2005 amended March 10, 2021.

   It is the intent of the Nebraska Judicial Branch that court proceedings shall be open to the public unless otherwise required by law. When the public is prohibited or otherwise limited from attending court proceedings at the courthouse by reasons outside of the public’s control, use of livestreaming technology is an appropriate method to allow public access to court proceedings.

   The Nebraska Supreme Court hereby authorizes approved Nebraska trial courts to use court-authorized video technology to livestream any court proceeding where the public would otherwise have the right to attend in person.

   Livestreaming of court proceedings is limited to a pilot project beginning on the date of adoption of this rule, in trial courts where the technology is available, and as authorized by the Nebraska Supreme Court. A schedule shall be implemented by the Administrative Office of the Courts and Probation, and shall inform the public of those courtrooms where livestreaming may occur.

   The following rules are hereby adopted for this livestream pilot:

§ 6-2101 adopted July 1, 2020.

   (A) Only authorized Nebraska trial courts may livestream court proceedings.

   (B) No member of the public has the right to livestream any court proceeding without express permission of the judge presiding over the court proceeding.

   (C) Members of the news media are governed by Neb. Ct. R. § 6-2001 et seq.

§ 6-2101 adopted July 1, 2020.

   (A) Livestreaming shall not occur in any proceeding where by statute public access is limited or prohibited.

   (B) No recording, video/audio taping, photographing, or otherwise reproducing, saving, disseminating, or sharing via social media or other means of any livestream feeds or content therein shall occur by any person. Violations of this rule are punishable by contempt.

   (C) Livestream does not create, replace, or supplement the official record of the proceeding.

§ 6-2013 adopted July 1, 2020.

    (A) The proceeding should convene publicly in open court with the livestream activated.

   (B) If a request to limit or close public access to the proceeding is made by counsel or a self-represented litigant due to extremely sensitive or confidential evidence, the court shall determine the matter on the record prior to the admission of the extremely sensitive or confidential evidence.

   (1) The movant must describe the evidence in question and clearly identify the overriding interest that will be prejudiced if the evidence is publicly presented.

   (2) The court should obtain the agreement or objection to the request of all counsel and self-represented litigants on the record.

   (C) A court may also initiate the limitation of the public access via livestream sua sponte; however, courts should exercise caution in doing so over the objection of one or both parties.

   (D) Before halting or terminating the livestream, the court shall find on the record that the evidence is of such a nature that the protection of the evidence or witness overcomes the presumption of public presentation.

   (E) The court shall consider on the record all reasonable alternatives to terminating the livestream, including but not limited to:

   (1) Reducing testimony to affidavit in lieu of live testimony;

   (2) Interrupting video and temporarily permitting only audio streaming;

   (3) Prohibiting screen sharing of the exhibits on livestream;

   (4) Testimony in chambers or in-chambers interview of a child in lieu of live testimony; and

   (5) Temporary interruption of the livestream.

   (F) If the court determines to not halt or terminate the livestream but instead employs a lesser restriction, the court should find and state that a “substantial reason” for the measure exists, state that no less restrictive means would suffice, and make additional findings under subsection (G) below.

   (G) If the court determines the livestream should be halted or terminated, the court should make the following findings and recite them on the record:

   (1) The overriding interest at stake;

   (2) The specific testimony or evidence found to be of extreme sensitivity or entitled to confidentiality that justifies closure;

   (3) That public access shall be interrupted or terminated;

   (4) That no less restrictive means would suffice; and

   (5) Any other requirements set forth in Neb. Ct. R. § 6-204.

   (H) All portions of the proceeding that do not independently meet this threshold should occur with the livestream activated.

§ 6-2104 adopted July 1, 2020.

   (A) These Rules apply to civil actions brought under the County Court Expedited Civil Actions Act (Neb. Rev. Stat. §§ 25-2741 to 25-2749) (the Act). The Expedited Civil Action forms referenced in these Rules can be found as Appendices to these Rules. These Rules and forms apply to the extent that they are not in conflict with the Act or other applicable statutes. The Nebraska Court Rules of Pleading in Civil Cases, Neb. Ct. R. Pldg. § 6-1101 et seq., and Nebraska Court Rules of Discovery in Civil Cases, Neb. Ct. R. Disc. § 6-301 et seq., apply whenever they address matters that are not addressed by the Act or these Rules.

   (B) These Rules are designed to further the purpose of the Act, which is to increase access to the Nebraska courts by establishing a streamlined process for handling civil actions in which the only relief sought is a money judgment for a limited amount. The streamlined process is designed for cases that do not involve complex legal or factual issues. These Rules should be interpreted in light of the purpose of the Act.

   (C) As used throughout these Rules, the term “side” means all litigants with generally common interests in the litigation.

§ 6-2201 adopted December 8, 2021, effective January 1, 2022.

   (A) A plaintiff who is an individual may elect to proceed under the Act regardless of whether the plaintiff is represented by an attorney or is self-represented. A plaintiff suing in a representative capacity (for example, a personal representative or next friend) or as an entity with the capacity to sue may elect to proceed under the Act only if the plaintiff is represented by an attorney.

   (B) A plaintiff may elect to proceed by completing Appendix 1 and filing it along with the complaint in the county court. Both the complaint and Appendix 1 must be included when service is made on a defendant. If more than one plaintiff is named in the complaint, a separate Appendix 1 must be created for each plaintiff.

§ 6-2202 adopted December 8, 2021, effective January 1, 2022; § 6-2202(B) amended December 22, 2021, effective January 1, 2022.

   (A) Unless the parties stipulate or the court orders otherwise, a party must disclose and provide the following to the other parties without awaiting a discovery request.

   (1) Potential Witnesses. The name and, if known, the address, telephone number, and email address of each individual likely to have nonprivileged information that the party may use to support its claims or defenses, unless the use would be solely for impeachment. For each such individual, the party must also provide the subjects of the information that the individual is likely to have.

   (2) Statements. Identification of a previous statement about the action or its subject matter that is in the party’s possession, custody, or control and was made by any party or by any person not a party to the action. For each such statement, the party must state in its disclosure whether the party asserts that the statement is privileged or protected from disclosure, and if so, the basis for the assertion.

   (3) Documents. A copy of all documents, electronically stored information, and tangible things that the disclosing party has in its possession, custody, or control and may use to support its claims or defenses, unless the use would be solely for impeachment.

   (4) Damages. A list of each category of damages, economic and noneconomic, claimed by the party. If the category involves economic damages, the party must also provide a computation of the amount of each category of economic damages and a copy of the discoverable documents on which each such computation is based. For noneconomic damages, the party shall only list the category of damages, but is not required to provide an amount of damages claimed.

   (a) In actions for the recovery of damages for a physical or mental injury or for injury to or loss of personal property, the term “category of damages” refers to the categories listed in NJI2d Civ. 4.00, which can be found as Appendix 5.

   (b) In actions for the recovery of damages for a physical or mental injury, the party seeking the recovery of damages must (a) state the name and address of each health care provider who treated or examined the party for the injury and (b) provide a signed release that allows the opposing party to obtain from each such provider the party’s medical records.

   (c) The opposing party must give contemporaneous notice to the party who provided the release when the opposing party uses the release to obtain the party’s medical records. The opposing party must also provide to all other parties, including the party who provided the release, a copy of all records obtained pursuant to the release. Any party who requests the opposing party to provide the records in nonelectronic form must pay the costs that the opposing party incurs in providing the records in that form.

   (d) Any party receiving medical records pursuant to this subpart shall keep the records confidential and use them solely for purposes of the litigation. The requirement to keep the records confidential does not preclude the party from using the records at trial or in support of a motion. If necessary, pursuant to Neb. Ct. R. Disc. § 6-326(c), the court may enter an order that includes specific requirements for keeping the records confidential, for using them at trial or in support of a motion, and for destroying or deleting them.

   (5) Insurance. A defending party must provide a copy of the declarations page contained in any insurance agreement under which an insurance business may be liable to satisfy all or part of a possible judgment in the action or to indemnify or reimburse for payments made to satisfy the judgment. If coverage is or may be contested, the defending party must also provide a copy of the agreement and state the ground(s) on which coverage is or may be contested.

   (B) Format. Unless the court orders otherwise, the disclosures must be in writing and signed by the attorney or self-represented party. If a party has previously provided to other parties in writing any of the information that the party is required to include in its initial disclosures, instead of providing the information again, the party may state in its disclosures that the information was previously provided and shall indicate where the other parties can find the information in the previously provided materials.

   (C) Time. The disclosures must be served electronically within the following times.

   (1) A party serving a pleading that contains a claim for relief must serve its initial disclosures regarding the claim within 14 days after that party is served with the first responsive pleading to the claim. A defending party must serve its initial disclosures regarding a claim for relief within 28 days after that party serves a responsive pleading to the claim.

   (2) A party need only serve its initial disclosures on the parties that have appeared in the action. The party must serve a later-appearing party within 14 days of when the later-appearing party serves its first pleading.

   (D) Basis for Initial Disclosures; Unacceptable Excuses. A party must make its initial disclosures based on the information reasonably available to it at the time. A party is not excused from making its disclosures because it has not fully investigated the case or because it challenges the sufficiency of another party’s disclosures or because another party has not made its disclosures.

   (E) Discovery. Unless the parties stipulate or the court orders otherwise, no discovery requests may be served before the parties have made their initial disclosures.

§ 6-2203 adopted December 8, 2021, effective January 1, 2022.

   (A) Unless the parties stipulate or the court orders otherwise, each side must disclose the identity of any expert witness that the side may use at trial and, for each such expert, the side must disclose and provide:

   (1) a complete statement of all opinions the expert will express and the basis and reasons for them;

   (2) the facts or data considered by the expert in forming them;

   (3) any exhibits that will be used to summarize or support them;

   (4) a copy of the expert’s resume or curriculum vitae; and

   (5) a statement of the compensation for the expert’s work and testimony in the case, which may be satisfied by the production of a fee schedule.

   (B) Unless the court orders otherwise, the expert witness disclosures must be in writing and signed by the attorney or self-represented party. The plaintiff’s side must electronically serve its expert witness disclosures on the opposing side no later than 60 days after the first responsive pleading is served in the action and the opposing side must electronically serve its expert witness disclosures no later than 90 days after the first responsive pleading is served.

   (C) Treating Health Care Providers. If a plaintiff intends to use a treating health care provider as an expert witness at trial, the plaintiff may provide a report using Appendix 2 instead of disclosing the information in subparts (a)(1)-(4).

   (D) Objection to Provider’s Report. The opposing side may file an objection to the health care provider’s report on the grounds that the report is untimely, incomplete, or unsigned; the explanations are incomplete or insufficient; the provider failed to attach required records or documents; or the report does not otherwise comply with the Act. The objection must be filed and served no later than 30 days after the date on which the report was electronically served.

§ 6-2204 adopted December 8, 2021, effective January 1, 2022.

  (A) Health Care Provider. If one side identifies a treating health care provider as its expert witness and provides a report from the provider using Appendix 2, any party against whom the report may be used has the right to cross-examine the provider by taking the provider’s deposition. The designating side may also examine the provider at the deposition.

   (B) Cost. The side taking the deposition is responsible for the costs of taking the deposition, including the payment of a reasonable fee to the health care provider for the time spent being deposed. If the side providing the report also examines the provider, the side shall be responsible for a proportionate share of the costs and fees. Unless the parties stipulate or the court orders otherwise, each side’s proportionate share shall be the percentage calculated by dividing the number of deposition pages attributable to the side’s examination of the provider by the total number of deposition pages. Each side shall pay its percentage share of deposition costs and provider fees.

   (C) Other Experts. Either side may take the deposition of any other expert witness after service of the disclosures required by § 6-2204. If the side that did not retain the expert takes the deposition, the side must pay the expert a reasonable fee for the time spent being deposed.

   (D) Use at Trial. The application of the Act constitutes exceptional circumstances that allow the deposition of an expert witness to be used at trial pursuant to § 6-332(a)(3)(E).

§ 6-2205 adopted December 8, 2021, effective January 1, 2022.

   (A) In General. A party that has made a required disclosure or that has responded to an interrogatory, request for production, or request for admission must supplement or correct its disclosure or response:

   (1) in a timely manner if the party learns that in some material respect the disclosure or response is incomplete or incorrect, and if the additional or corrective information has not otherwise been made known to the other parties during the discovery process or in writing; or

   (2) as ordered by the court.

   (B) Expert Witnesses. For an expert witness, the party’s duty to supplement extends both to information included in the disclosure or report and, if the expert is deposed, to information given during the expert’s deposition.

§ 6-2206 adopted December 8, 2021, effective January 1, 2022.

   If a party or side fails to serve a disclosure or provide a release within the time specified by these Rules, any other party or side may file a motion to compel the party to do so. At the discretion of the court, a party may be precluded from using information, documents, or witnesses that the party failed to provide or identify as required by these Rules.

§ 6-2207 adopted December 8, 2021, effective January 1, 2022.

   (A) A party seeking to offer one or more documents into evidence without testimony or certification from a custodian or other qualified witness to establish the authenticity of the document or to establish either that the document is not hearsay or satisfies the requirements of an exception to the hearsay rule must file and electronically serve on other parties a Notice of Intent to Offer. Appendix 3 or another document containing the same information must be used.

   (B) A party objecting to any document listed in a Notice of Intent to Offer on the basis of authenticity or hearsay must file and electronically serve on all parties an Objection to Intent to Offer within 30 days after service of the Notice of Intent to Offer. Appendix 4 or another document containing the same information must be used.

   (C) If an objection is made, the parties must in good faith confer to resolve the matter. In attempting to resolve the matter, the parties must consider the mandate of § 25-2747(1) of the Act: parties “should stipulate to factual and evidentiary matters to the greatest extent possible.” If the parties are unable to resolve the matter, either party may file a motion for a ruling on the objection. In its motion, the party must include a certification that the party conferred or attempted to confer with the other party to resolve the dispute without court action. If the court sustains the objection, a party is not precluded from offering the document at trial with testimony or certification from a custodian or other qualified witness.

§ 6-2208 adopted December 8, 2021, effective January 1, 2022; § 6-2208 amended December 22, 2021, effective January 1, 2022.

   (A) Mediation. The court may enter an order referring the case to mediation. The referral to mediation will not alter any of the times specified in these Rules, unless the parties stipulate or the court finds that there is good cause for doing so.

   (B) Scheduling and Case Progression. As soon as the first responsive pleading is filed, the court shall enter an order setting the matter for trial, taking into consideration the Act, these Rules, and the Case Progression Standards for county court civil actions set forth in Neb. Ct. R. § 6-101. The trial date is subject to a later continuance for good cause shown. The court may enter an order that states the dates for completing discovery, filing specified motions, or being prepared for trial, such dates shall not be in conflict with these Rules or timelines set forth in the Act.

   (C) Witnesses and Exhibits. The court may enter an order that requires the parties or sides to identify the witnesses and documents that they may use at trial. The order may impose such requirements as the court deems appropriate, including a requirement that the parties or sides serve disclosures at specified times, file a joint statement of witnesses and exhibits, or participate in a pretrial conference.

§ 6-2209 adopted December 8, 2021, effective January 1, 2022; § 6-2209(B) amended December 22, 2021, effective January 1, 2022.