(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from the time of filing to the date the trial court entered its judgment/decree, the case is dismissed, the petition is withdrawn, the case is transferred to another court on a change of venue, or the case is otherwise disposed, whichever occurs first.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 with no federal estate tax return should be within 18 months from filing. When a federal estate tax return is required, final disposition should be within 24 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.

§ 6-102 amended August 21, 2024.

   (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 the effective date of these rules.

  (a) Discovery Methods and Sequence.

  (1) Discovery Methods. Parties may obtain discovery by one or more of the following methods: required disclosures; depositions by oral examination or written questions; interrogatories to parties; requests for producing documents, electronically stored information, and tangible things or entering onto land for inspection and other purposes; subpoenas commanding nonparties to produce documents, electronically stored information, and tangible things or allowing entry onto land for inspection and other purposes; physical and mental examinations; and requests for admission.

  (2) Sequence. Unless the parties stipulate or the court orders otherwise for the parties’ and witnesses’ convenience and in the interests of justice:

  (A) methods of discovery may be used in any sequence; and

  (B) discovery by one party does not require any other party to delay its discovery.

  (b) Discovery Scope and Limits.

  (1) Scope in General. Parties may obtain discovery regarding any nonprivileged matter that 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. It is not a ground for objection that the information sought will be inadmissible at 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 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. A party may also obtain through an interrogatory whether an insurance business is disputing the agreement’s coverage of the claim. Information concerning the insurance agreement is not by reason of disclosure admissible in evidence at trial. For purposes of this subpart, an application for insurance is not treated as part of an insurance agreement.

  (3) Work Product Materials.

  (A) Documents and Tangible Things. Ordinarily, a party may not discover documents and tangible things that are prepared in anticipation of litigation or for trial by or for another party or its representative (including the other party’s attorney, consultant, surety, indemnitor, insurer, or agent). But, subject to Rule 26(c)(4), such materials may be discovered if:

  (i) they are otherwise discoverable under Rule 26(b)(1); and

  (ii) the party shows that it has substantial need of the materials to prepare its case and cannot, without undue hardship, obtain the substantial equivalent of the materials by other means.

  (B) Protection Against Disclosure. If the court orders discovery of those materials, it must protect against disclosure of the mental impressions, conclusions, opinions, or legal theories of a party’s attorney or other representative concerning the litigation.

  (C) Previous Statement. Any party or other person may, on request and without making the showing required by Rule 26(b)(3)(A), obtain the person’s own previous statement about the action or its subject matter. If the request is refused, the person may move for a court order, and Rule 37(a)(5) applies to the award of expenses.

  (i) A previous statement is a person’s nonprivileged recounting of what the person did, saw, heard, or knows about a matter and that is (1) recorded by audio, audiovisual, or stenographic means, (2) handwritten by the person, or (3) in a written or electronic form and signed by the person.

  (ii) Deposition testimony is not a previous statement for purposes of this subpart.

  (4) Claiming Privilege or Protection. When a party withholds information otherwise discoverable by claiming that the information is privileged or subject to protection as work product, the party must:

  (A) expressly make the claim; and

  (B) describe the nature of the documents, communications, or tangible things not produced or disclosed – and do so in a manner that, without revealing information itself privileged or protected, will enable other parties to assess the claim.

  (5) Waiver of Privileges or Protections. The following apply to documents that are produced in discovery, whether in response to a discovery request or pursuant to a disclosure obligation.

  (A) The production of a privileged or protected document does not operate as a waiver of the privilege or protection if the production was inadvertent, the producing party took reasonable steps under the circumstances to prevent the inadvertent disclosure of the document, and the producing party promptly took reasonable steps under the circumstances to rectify the error of producing the document, including, if applicable, following subpart (B) of this rule.

  (B) If a document produced in discovery is subject to a claim of privilege or protection, the producing party may notify any receiving party of the claim and the basis for it. After being notified, a receiving party must promptly return, sequester, or destroy the specified document and any copies it has; must not use or disclose the document or its contents until the claim is resolved; must take reasonable steps to retrieve the document if the recipient disclosed it before being notified; and may promptly present the document to the court under seal for a determination of the claim. The producing party must preserve the document until the claim is resolved. Either the producing or receiving party may seek to have the claim resolved by filing a motion pursuant to Rule 26(d) in the court in which the action is pending.

  (C) A lawyer who receives a document, including electronically stored information, that the lawyer knows or reasonably should know is subject to a claim of privilege or protection and also knows or reasonably should know was inadvertently produced must promptly notify the party who produced the document.

  (c) Discovery From Experts.

  (1) Required Disclosures. A party must disclose to the other parties the identity of any witness it may use at trial to present evidence under Rules 702, 703, or 705 of the Nebraska Evidence Rules. Unless the court orders otherwise, the disclosure must be in writing, signed, and served.

  (A) Witnesses Who Must Provide a Written Report. Unless otherwise stipulated or ordered by the court, this disclosure must be accompanied by a written report – prepared and signed by the witness – if the witness is one retained or specially employed to provide expert testimony in the case or one whose duties as the party's employee regularly involve giving expert testimony. The report must contain:

  (i) a complete statement of all opinions the witness will express and the basis and reasons for them;

  (ii) the facts or data considered by the witness in forming them;

  (iii) any exhibits that will be used to summarize or support them;

  (iv) a list of each publication within the scope of Nebraska Evidence Rule 803(18) on which the witness intends to rely for any opinion;

  (v) the witness’ qualifications to present evidence under Nebraska Evidence Rules 702, 703, or 705, which may be satisfied by the production of a resume or curriculum vitae and a list of any publications authored by the witness within the last 10 years that are not listed in the resume or curriculum vitae;

  (vi) the title, court, and case number of all other cases in which, during the previous 4 years, the witness testified as an expert at trial or by deposition, performed an independent medical examination, or otherwise provided evidence as an expert and for each such case, the party who retained the witness; and

  (vii) a statement of the compensation to be paid for the witness’ work and testimony in the case, which may be satisfied by production of a fee schedule.

  (B) Witnesses Who Do Not Provide a Written Report. Unless otherwise stipulated or ordered by the court, if the witness is not required to provide a written report, the disclosure must:

  (i) state the subject matter on which the witness is expected to present evidence under Nebraska Evidence Rules 702, 703, or 705;

  (ii) provide a summary of the facts and opinions to which the witness is expected to testify; 

  (iii) state the qualifications of the witness to present evidence under Nebraska Evidence Rules 702, 703, or 705, which may be satisfied by the production of a resume or curriculum vitae and a list of any publications authored by the witness within the last 10 years that are not listed in the resume or curriculum vitae; and

  (iv) state the compensation to be paid to the witness for providing testimony at a deposition or trial, which may be satisfied by production of a fee schedule.

  (C) Report Requirements for Treating Physicians. A treating physician who is retained or specially employed to provide expert testimony in the case, or whose duties as the party’s employee regularly involve giving expert testimony on behalf of the party, must provide a written report under Rule 26(c)(1)(A). Otherwise, a treating physician who is properly disclosed under Rule 26(c)(1) may be deposed or called to testify without providing a written report.

  (i) A treating physician is not required to provide a written report under Rule 26(c)(1)(A) solely because the physician’s testimony may discuss ancillary treatment, or the diagnosis, prognosis, or causation of the patient’s injuries, that is not contained within the physician’s medical chart, as long as the content of such testimony is properly disclosed under Rule 26(c)(1)(B)(i)-(iv).

  (ii) A treating physician will be deemed a retained or specially employed expert witness subject to the written report requirement of Rule 26(c)(1)(A) if the party is asking the treating physician to provide opinions outside the course and scope of the treatment provided to the patient.

  (iii) The disclosure regarding a non-retained or specially employed treating physician must include the information identified in Rule 26(c)(1)(B), to the extent practicable. If the treating physician will testify in accordance with the party’s medical chart, it is sufficient to state that the physician will do so even if some of the records contained therein were prepared by another healthcare provider.

  (2) Time to Disclose Expert Testimony. A party must make these disclosures at the times and in the sequence that the court orders. Absent a stipulation or a court order, the disclosures must be made:

  (A) within 180 days after the first responsive pleading was served; or

  (B) if the evidence is intended solely to contradict or rebut evidence on the same subject matter identified by another party under Rule 26(c)(1), within 45 days after the other party’s disclosure.

  (3) Supplementing the Disclosure. The parties must supplement these disclosures when required under Rule 26(e).

  (4) Work Product Protection.

  (A) Draft Reports or Disclosures. Rules 26(b)(3)(A) and (B) protect drafts of any report or disclosure required under Rule 26(c)(1), regardless of the form in which the draft is recorded.

  (B) Communications Between a Party’s Attorney and Expert Witnesses. Rules 26(b)(3)(A) and (B) protect communications between the party’s attorney and any witness required to provide a report under Rule 26(c)(1), regardless of the form of the communications, except to the extent that the communications:

  (i) relate to compensation for the expert’s study or testimony;

  (ii) identify facts or data that the party's attorney provided and that the expert considered in forming the opinions to be expressed; or

  (iii) identify assumptions that the party's attorney provided and that the expert relied on in forming the opinions to be expressed.

  (5) Deposition of an Expert Witness. A party may depose any person who has been identified as an expert whose opinions may be presented at trial. If Rule 26(c)(1)(A) requires a report from the expert, the deposition may be conducted only after the report is provided.

  (6) Discovery from a Consulting Expert. Ordinarily, a party may not discover the identity of, facts known, or opinions held by an expert who has been retained or specially employed by another party in anticipation of litigation or to prepare for trial and who is not expected to be called as a witness at trial except as provided in Rule 35(b). But a party may discover the identity of such an expert on showing good cause and may discover facts known or opinions held by such an expert on showing exceptional circumstances under which it is impracticable for the party to obtain facts or opinions on the same subject by other means.

  (7) Payment. Unless manifest injustice would result, the court must require that the party seeking discovery:

  (A) pay the expert a reasonable fee for time spent in responding to discovery under Rule 26(c)(5) or (6), which does not include time spent preparing for a deposition; and

  (B) for discovery under Rule 26(c)(6), also pay the other party a fair portion of the fees and expenses it reasonably incurred in obtaining the expert’s facts and opinions.

  (d) Protective Orders. 

  (1) In General. A party or other person from whom discovery is sought may move for a protective order in the court in which the action is pending. The motion must include a certification that the movant has in good faith conferred or attempted to confer with other affected parties in an effort to resolve the dispute without court action. The court may, for good cause, issue an order to protect a party or person from annoyance, embarrassment, oppression, or undue burden or expense, including one or more of the following:

  (A) forbidding the disclosure or discovery;

  (B) specifying terms, including time or place or the allocation of expenses, for the disclosure or discovery;

  (C) prescribing a discovery method other than the one selected by the party seeking discovery;

  (D) forbidding inquiry into certain matters, or limiting the scope of disclosure or discovery to certain matters;

  (E) designating the persons who may be present while the discovery is conducted;

  (F) requiring that a deposition be sealed and opened only on court order;

  (G) requiring that a trade secret or other confidential research, development, or commercial information not be revealed or be revealed only in a specified way; and

  (H) requiring that the parties file, serve, or deliver specified documents or information in a specified way, to be revealed or accessed only as the court directs.

  (2) Denying or Limiting Discovery. The court may issue a protective order denying or limiting discovery if the court determines that:

  (A) the discovery sought is unreasonably cumulative or duplicative, or can be obtained from some other source that is more convenient, less burdensome, or less expensive;

  (B) the party seeking discovery has had ample opportunity to obtain the information by discovery in the action; or

  (C) the burden or expense of the proposed discovery outweighs its likely benefit, considering the needs of the case, the amount in controversy, the parties’ resources, the importance of the issues at stake in the action, and the importance of the discovery in resolving the issues.

  (3) Ordering Discovery. If a motion for a protective order is denied in whole or in part, the court may, on just terms, order that any party or person provide or permit discovery.

  (4) Awarding Expenses. Rule 37(a)(5) applies to the award of expenses.

  (e) Supplementing Disclosures and Responses.

  (1) In General. A party who has made a disclosure under Rule 26(c) – or who has responded to an interrogatory, request for production, or request for admission – must supplement or correct its disclosure or response:

  (A) 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

  (B) as ordered by the court.

  (2) Expert Witness. For an expert whose report must be disclosed under Rule 26(c)(1)(A), the party’s duty to supplement in a timely manner extends both to information included in the report and to information given during the expert’s deposition.

  (f) Filing and Service of Discovery Documents. Section 6-1105 governs the filing and service of discovery documents.

  (g) Access to Deposition for Use at Hearing. If the original of a deposition is not in the possession of a party who intends to offer it as 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. On receiving such notice, the party in possession of the deposition must either make it available to the party who intends to offer it or produce it at the hearing.

  (h) Amendments. The Nebraska Court Rules of Discovery in Civil Cases apply to cases filed on or after January 1, 2025, and to cases pending on that date. But the trial court may order that the previous version of the Discovery Rules apply, either in whole or in part, to a case pending on January 1, 2025, if the court determines, in the exercise of its discretion, that application of the amended rule or rules to the case would be impracticable, unreasonable, or unjust.

COMMENTS TO § 6-326

  [1] Section 6-326 is the keystone of the discovery rules. Among other things, the rule governs the scope of discovery, the work product protection, the methods for obtaining discovery from experts, the grounds for a protective order, and the duty to supplement discovery disclosures and responses.

  [2] Subpart (b)(1) governs the scope of discovery and is modeled on a pre-2015 version of Rule 26(b)(1) of the Federal Rules of Civil Procedure. In 2015, Federal Rule 26(b)(1) was amended to incorporate proportionality into the standard for discovery. Federal Rule 26(b)(1) currently provides that information is discoverable if it is relevant and proportional to the needs of the case. The 2024 Amendments incorporated the concept of proportionality into Nebraska § 6-326 but did so in a different way. Rather than being part of the standard for discovery, proportionality is a ground for seeking a protective order to deny or limit discovery pursuant to subpart (d)(2).

  [3] The original version of subpart (b)(1) included examples of discoverable information such as the existence of documents and the identity of persons having knowledge of discoverable matters. Although the examples may have been helpful when the rule was promulgated in 1982, they are now so well known that there is no longer a good reason to keep them in the rule. Therefore, the examples were deleted by the 2024 Amendments. It should be underscored, however, that their deletion should not be construed as altering the scope or methods of discovery.

  [4] Subpart (b)(2) allows parties to discover insurance agreements that may cover all or part of a possible judgment. Having access to the agreements can be helpful in making and evaluating settlement offers. Knowing whether coverage is disputed can also be helpful. Therefore, the 2024 Amendments added a provision that allows a party to serve an interrogatory asking if coverage is disputed. The provision, however, does not allow a party to discover the grounds for any such dispute. If the coverage dispute status changes, the party answering the interrogatory should supplement its answer pursuant to subpart (e).

  [5] Subpart (b)(3) addresses the work product protection and allows a person to obtain a copy of the person’s previous statement. The 2024 Amendments rewrote the definition of a previous statement to make the definition easier to understand and to exclude deposition testimony. The reason for the exclusion is to prevent a person who is unwilling to pay the reporter for a copy of the deposition from obtaining a copy for free from the party who took the deposition.

  [6] Subpart (b)(4) was added by the 2024 Amendments to address what a party must do if the party withholds documents on the basis of a privilege or the work product protection. The subpart is modeled on Rule 26(b)(5) of the Federal Rules of Civil Procedure and requires a party to describe the documents in a manner that will allow the other parties to assess the claim that the documents are privileged.

  [7] The nature of the description will vary with the privilege because different privileges have different elements. For example, the description for the attorney-client privilege will normally include the identities of the persons who prepared and received the document, the subject matter of the document, the date of the document, and the basis for the assertion of the privilege. In other words, the description will normally include the information listed in the Supreme Court’s decision in Greenwalt v. Wal-Mart Stores, 253 Neb. 32 (1997).

  [8] But there may be situations in which it would be burdensome or unnecessary for a party to provide a description for each individual document. In those situations, a party may instead provide a description by categories of documents. Providing such a description may be appropriate when there is a large number of documents of the kind that are almost always privileged or protected – for example, email communications between in-house and outside counsel.

  [9] Rule 511 of the Nebraska Rules of Evidence addresses the waiver of a privilege by voluntary disclosure. The rule, however, does not address the issue of whether a privilege or protection is waived by the inadvertent disclosure of documents in discovery. Subpart (b)(5) was added in 2024 to address the issue. The subpart is modeled on Rule 502(b) of the Federal Rules of Evidence. But there are differences. Subpart (b)(5) applies to all privileges while Federal Rule 502 only applies to the attorney-client privilege.

  [10] Subpart (b)(5)(A) provides that disclosure is not a waiver of a privilege or protection if three requirements are met. First, the disclosure must have been inadvertent. This requirement focuses on whether the disclosure was unintentional. Second, the disclosure occurred even though the producing party took reasonable steps to prevent the disclosure. This requirement focuses the procedures that the party used to review documents and to withhold privileged or protected documents. Third, the producing party took reasonable steps to correct its mistake. This requirement focuses on what the party did after it learned that it had mistakenly produced the documents.

  [11] One step that the producing party may take to correct its mistake is to notify the receiving party that privileged or protected documents were inadvertently produced. Subpart (b)(5)(B) addresses what the receiving party must do if it receives such notice and makes it clear that either party can file a motion for a protective order if they disagree on whether the privileged or protection applies.

  [12] Notice is sometimes a two-way street. If the lawyer for the receiving party knows or should know that a document was inadvertently produced, the lawyer has an ethical obligation to notify the person who produced the document. The obligation is stated in subpart (b)(5) and reflects the obligation imposed by § 3-504.4(b) of the Nebraska Rules of Professional Responsibility.

  [13] Prior to 2024, § 6-326 provided that parties could obtain discovery about expert witnesses by serving an interrogatory and could not depose an expert unless they obtained a court order or stipulation. The 2024 Amendments replaced those provisions with disclosure requirements modeled on Rule 26(a)(2) of the Federal Rules of Civil Procedure.

  [14] The disclosure requirements are stated in subpart (c)(1). A party must disclose the identity of any expert witness that it may use at trial. Furthermore, a party must disclose information about the expert and the expert’s expected testimony. The content and form of the information depends on whether the expert was retained or specially employed to provide expert testimony.

  [15] A retained or specially employed expert is one who will testify about facts the expert learned and opinions the expert developed for purposes of the litigation. In addition to disclosing the identity of such an expert, the party must provide a signed report from the expert that contains the information listed in subpart (c)(1)(A). Most (but not all) of the information corresponds to information required by Federal Rule 26(a)(2). The report must be “detailed and complete” and state “the testimony the witness is expected to present during direct examination, together with the reasons therefor.” Fed. R. Civ. P. 26, Advisory Committee Notes on the 1993 Amendment.

  [16] Some experts will testify about facts they learned and opinions they developed for purposes other than the litigation. For example, a treating physician may learn facts and form opinions for the purpose of treating the plaintiff’s injuries. These kinds of experts – who are sometimes called “actor experts” – are not required to prepare a written report. The party who plans to use such an expert at trial must disclose the information listed in subpart (c)(1)(B).

  [17] One of the issues that has divided the federal courts is whether a treating physician who testifies about causation should be classified as a retained or specially retained expert and therefore required to provide a signed report. Subpart (c)(1)(C)(ii) resolves the issue for the Nebraska courts by stating that a treating physician is not required to provide a written report solely because the physician’s testimony may discuss “the diagnosis, prognosis, or causation of the patient’s injuries.”

  [18] Subpart (c)(2) addresses when the required disclosures must be made. Subpart (c)(2)(A) provides that disclosures must be made at the times and in the sequence the court orders. It would be helpful to all concerned if the court issued such an order. In terms of the sequence, the order could require the parties to make their disclosures at the same time or at different times – for example, the order could require the party with the burden of proof to make its disclosures first. If the court does not issue such an order, the parties may stipulate when their respective disclosures must be made. If there is no court order or stipulation, then the parties must make their disclosures by the times specified in subpart (c)(2)(B).

  [19] To work effectively with a retained or specially employed expert, an attorney must be able to review drafts and to communicate with the expert without worrying about whether every draft and every communication is discoverable. Subpart (c)(4)(A) provides that the work product protection applies to draft reports and draft disclosures.

  [20] Subpart (c)(4)(B) provides that the work product protection applies to communications between an attorney and a retained or specially employed expert. There are three exceptions, however. Those exceptions are set out in subpart (c)(4)(B)(i)-(iii). By its terms, subpart (c)(4)(B) is limited to an attorney’s communications with a retained or specially employed expert. It does not cover communications with an actor expert.

  [21] Subpart (c)(5) provides that a party may depose an expert witness. Because the report may help to focus the questioning or to eliminate the need for a deposition, an expert from whom a report is required may only be deposed after the report is provided.

  [22] If a party deposes an expert witness, the party must normally pay the expert a reasonable fee for responding to discovery. Subpart (c)(7) makes it clear, however, that the fee does not include time spent preparing for the deposition. Prior to 2024, the rule contained a provision that gave courts the discretion to require the deposing party to pay a portion of the fees that the opposing party paid the expert. The provision was based on the assumption that depositions of testifying experts were the exception rather than the norm. The provision was deleted in 2024 because the assumption is no longer valid. Subpart (c)(5) now allows a party to depose testifying expert without a court order or stipulation.

  [23] Subpart (d) addresses protective orders. Like a party filing a motion to compel pursuant to § 6-337(a), a party filing a motion for a protective order must first attempt to resolve a discovery dispute informally. Because the judge presiding over a case is in the best position to rule on discovery motions, all motions for a protective order – including those related to a deposition – must be filed in the court in which the action is pending.

  [24] Rule 26(b) of the Federal Rules of Civil Procedure contains a provision that addresses the discovery of electronically stored information from sources that a party identifies as not reasonably accessible. Section 6-326 does not contain a comparable provision because the issue can be addressed on a motion for a protective order pursuant to subpart (d)(2).

  [25] Subpart (e) specifies the circumstances under which a party must supplement an earlier disclosure or discovery response. The subpart was amended in 2024 so that it more closely follows the wording of Rule 26(e) of the Federal Rules of Civil Procedure. As amended, the subpart requires a party to supplement its earlier disclosure or response in a timely manner. In other words, a party is required to supplement its earlier disclosure or response within a reasonable time of acquiring the new information.

  [26] The 2024 Amendments consolidated the filing and service requirements for pleadings, motions, and discovery documents in § 6-1105. As a result, the provisions in § 6-326 that previously discussed the filing and service requirements have been replaced with a cross-reference to § 6-1105. The cross-reference appears in subpart (f).

  [27] Subpart (h) was added in 2024 to address the issue of whether rule amendments apply to cases pending on the effective date of the amendment. The subpart creates a presumption that an amendment applies to pending cases but gives trial courts the discretion not to apply the amendment to a pending case if it would be impracticable, unreasonable, or unfair to do so. Trial courts, however, do not have the same discretion in cases filed on or after the effective date. The first sentence of subpart (h) makes it clear that the amendment applies to those cases.

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; § 6-326 amended November 13, 2024, effective January 1, 2025.

  (a) Before an Action is Filed.

  (1) Petition. A person who wants to perpetuate testimony about any matter cognizable in a court of this state may file a verified petition in the district court of the county where any expected adverse party resides. The petition must ask for an order authorizing the petitioner to depose the named persons in order to perpetuate their testimony. The petition must be titled in the petitioner’s name and must show:

  (A) that the petitioner expects to be a party to an action cognizable in a court of this state but cannot presently bring it or cause it to be brought;

  (B) the subject matter of the expected action and the petitioner’s interest in the action;

  (C) the facts that the petitioner wants to establish by the proposed testimony and the reasons to perpetuate it;

  (D) the names or a description of the persons whom the petitioner expects to be adverse parties and their addresses, so far as known; and

  (E) the name, address, and expected substance of the testimony of each deponent.

  (2) Notice and Service. At least 21 days before the hearing date, the petitioner must serve each expected adverse party with a copy of the petition and a notice stating the time and place of the hearing. The notice may be served in the manner provided for service of a summons. If that service cannot be made with reasonable diligence on an expected adverse party, the court may order service be made in the manner provided in Rule 30(b)(3).

  (3) Appointment of Attorney or Guardian. The court must appoint an attorney to represent an expected adverse party and to cross-examine the deponent if the expected adverse party is served in the manner provided in Rule 30(b)(3) and is not otherwise represented. The court must appoint a guardian ad litem for any expected adverse party who is a minor or incompetent.

  (4) Order and Examination. If satisfied that perpetuating the testimony may prevent a failure or delay of justice, the court must issue an order that designates or describes the persons whose depositions may be taken, specifies the subject matter of the examinations, and states whether the depositions will be taken by oral examination or by written questions. The depositions may then be taken under these rules, and the court may issue orders like those authorized by Rules 34 and 35. A reference in these rules to the court where an action is pending means, for purposes of this rule, the court where the petition for the deposition was filed.

  (5) Deposition. A deposition to perpetuate testimony may be used under Rule 32(a) in any later-filed action in this state involving the same subject matter if the deposition either was taken under these rules or, if not so taken, would be admissible in evidence in the federal or state court that authorized it to be taken. 

  (b) Pending Appeal.

  (1) In General. If an appeal has been taken from a judgment, a party may file a motion in the appellate court for leave to depose witnesses to perpetuate their testimony for use in the event the action is remanded for further proceedings after an appeal.

  (2) Motion. The motion must show:

  (A) the name, address, and expected substance of the testimony of each deponent; and

  (B) the reasons for perpetuating the testimony.

  (3) Court Order. The appellate court may itself rule on the motion or, while retaining jurisdiction of the appeal, remand the motion for a ruling by the court that rendered the judgment. If the court ruling on the motion finds that perpetuating the testimony may prevent a failure or delay of justice, the court must permit the depositions to be taken and may issue orders like those authorized by Rules 34 and 35. The depositions may be taken under Rule 30 or 31 and used under Rule 32, just like other depositions in a pending action.

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

COMMENTS TO § 6-327

   [1] The primary purpose of the rule is to perpetuate evidence – in other words, to preserve evidence (usually, witness testimony) – that might otherwise be lost before the action is filed. The original version of the rule required the person seeking to perpetuate evidence to file a petition in the district court for the district in which any expected adverse party resides. The 2024 Amendments changed that to the district court for the county where any expected adverse party resides. As a result of the change, the venue provisions of the rule are now consistent with the residency provisions of the general venue statute, Neb. Rev. Stat. § 25-401.01(1).

  [2] Subpart (a)(2) authorizes substitute service on an expected adverse party who cannot be served by the normal methods of service. Subpart (a)(3) requires the court to appoint an attorney to represent an expected adverse party who is served by substitute service. Subpart (a)(3) also requires the court to appoint a guardian ad litem for any expected adverse party who is a minor or an incompetent person. If a minor or an incompetent person is served by substitute service, then the court must appoint both an attorney and a guardian ad litem. The reason is that roles of the attorney and guardian are different. The role of an attorney is to represent the party’s legal interests. The role of a guardian ad litem is to act in the best interests of the party and to make decisions for the party, including the decisions that a client normally makes.

  [3] The rule does not discuss who pays the attorney or the guardian. That is a matter left to the district court’s discretion.

  [4] Subpart (a)(5) discusses when a deposition that was taken to perpetuate evidence may be used in the action once it is filed. If the deposition was taken pursuant to Federal Rule 27 or the law of another state, then the deposition may be used if it would be admissible in the federal or state court that authorized it to be taken. The reason for including federal courts is that a petition to perpetuate could be filed in federal court and the action filed in state court.

  [5] Subpart (b) governs motions to perpetuate testimony that are filed while an appeal is pending. The motion must be filed in the appellate court because the trial court loses jurisdiction once the appeal is filed. See Billups v. Scott, 253 Neb. 293, 294 (1997). Because the trial court may be more familiar with the case than the appellate court is, the rule gives the appellate court the discretion to remand the motion to the trial court. The appellate court, however, retains jurisdiction of the appeal.

  [6] Subpart (b) only applies if an appeal has been taken. It does not authorize a party to file a motion to perpetuate after judgment is entered but before the time for appeal expires. The party’s only option in that situation is to file an independent action to perpetuate testimony. Subpart (c) specifically provides that the rule does not limit a court’s power 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; § 6-327 amended November 13, 2024, effective January 1, 2025.

  (a) Within the United States.

  (1) Within this State. Within this state, a deposition must be taken before an officer authorized to administer oaths by the law of this state.

  (2) 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, a deposition must be taken before:

  (A) an officer authorized to administer oaths either by federal law or by the law in the place of examination;

  (B) a person appointed by the court in which the action is pending to administer oaths and take testimony.

  (3) Definition of Officer. The term “officer” in Rules 30, 31, and 32 includes a person appointed by the court under this rule or designated by the parties under Rule 29(a).

  (b) In a Foreign Country.

  (1) In General. A deposition may be taken in a foreign country:

  (A) under an applicable treaty or convention;

  (B) under a letter of request, whether or not captioned a “letter rogatory”;

  (C) on notice, before a person authorized to administer oaths either by federal law or by the law in the place of examination; or

  (D) before a person commissioned by the court to administer any necessary oath and take testimony.

  (2) Issuing a Letter of Request or a Commission. A letter of request, a commission, or both may be issued:

  (A) on appropriate terms after an application and notice of it; and

  (B) without a showing that taking the deposition in another.

  (3) Form of a Request, Notice, or Commission. When a letter of request or any other device is used according to a treaty or convention, it must be captioned in the form prescribed by that treaty or convention. A letter of request may be addressed “To the Appropriate Authority in [name the country].” A deposition notice or a commission must designate by name or descriptive title the person before whom the deposition is to be taken.

  (4) Letter of Request – Admitting Evidence. Evidence obtained in response to a letter of request need not be excluded merely because it is not a verbatim transcript, because the testimony was not taken under oath, or because of any similar departure from the requirements for depositions taken within the United States.

  (c) Disqualification. A deposition must not be taken before a person who is any party’s relative, employee, or attorney; who is related to or employed by any party’s attorney; or who is financially interested in the action.

COMMENTS TO § 6-328

  [1] The original version of subpart (a) listed by title the officers before whom a deposition could be taken in Nebraska. The 2024 Amendments deleted the list and replaced it with a statement that a deposition may be taken in Nebraska before an officer authorized by law to administer oaths. Those officers are identified by statute. See Neb. Rev. Stat. § 24-1002; Neb. Rev. Stat. § 64-107; Neb. Rev. Stat. § 64-107.01. The 2024 Amendments also added subpart (a)(3) to make it clear that the term “officer” as used in §§ 6-330 to 6-332 includes a person who serves as the deposition officer by stipulation of the parties.

  [2] Subpart (b) governs depositions taken in foreign countries for cases pending in Nebraska. The subpart was updated by the 2024 Amendments to include treaties and conventions. The original version of the rule included a subpart on taking depositions in Nebraska for cases pending in foreign countries. That subpart was deleted by the 2024 Amendments because it was unnecessary in light of 28 U.S.C. § 1782.

§ 6-328(e) and Comment amended January 27, 2021, effective February 16, 2021; § 6-328 amended November 13, 2024, effective January 1, 2025.

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

  (a) a deposition may be taken before any person, at any time or place, on any notice, and in any manner specified – in which event it may be used in the same way as any other deposition; and

  (b) other procedures governing or limiting discovery be modified – but a stipulation extending the time for any form of discovery must have court approval if it would interfere with the time set for completing discovery, for hearing a motion, or for trial.

COMMENT TO § 6-329

  Stipulations can make the discovery process more efficient by allowing parties to vary from the Rules of Discovery when they think it best to do so. The reason for requiring a stipulation to be in writing is to minimize later disputes about the content of the stipulation. Stipulations normally do not need court approval. The 2024 Amendments added an exception in subpart (b) for stipulations extending time when those stipulations may affect certain deadlines and dates that the court has set.

§ 6-329 amended November 13, 2024, effective January 1, 2025.

  (a) When and How Depositions May Be Taken. 

  (1) Without Leave. After commencement of the action, a party may, by oral questions, depose any person, including a party, without leave of court except as provided in Rule 30(a)(2). The deponent’s attendance may be compelled by subpoena.

  (2) With Leave. Leave of court is required if:

  (A) the plaintiff seeks to take the deposition within 30 days after service of the summons, unless

  (i) the parties stipulate that the deposition may be taken,

  (ii) the defendant has served a deposition notice in the action, or

  (iii) the plaintiff certifies in the notice, with supporting facts, that the deponent is expected to leave the State of Nebraska and be unavailable for examination in the State after that time;

  (B) the deponent has already been deposed in the action and the deponent and the other parties do not stipulate that the deponent may be deposed again; or

  (C) the deponent is confined in prison.

  (3) How Taken. Unless the court orders otherwise, a deposition may be taken in person, by videoconferencing, by telephone, or by a combination of these methods. The parties may stipulate or the court may on motion order that a deposition be taken by other methods that provide contemporaneous verbal or verbal-and-visual interaction among the participants and ensure preservation of an accurate record.

  (4) Attendance by Different Method. Any party may notify the other parties, including the party taking the deposition, that the party will attend the deposition through a different method than the one stated in the notice. The party must notify the other parties within a reasonable time of the date of the deposition. The court may enter an order pursuant to Rule 26(d) specifying the method by which parties may attend a deposition.

  (b) Notice of the Deposition; Other Formal Requirements. 

  (1) In General. A party who intends to depose a person by oral questions must give reasonable written notice to every other party.

  (A) The notice must state the deponent’s name and address, if known. If the name is unknown , the notice must provide a general description sufficient to identify the person or the particular class or group to which the person belongs.

  (B) The notice must state the date and time of the deposition and how it will be taken. If the deposition will be taken in person, the notice must state the place of the deposition. If the deposition will be taken by videoconferencing, the notice must state the name of the software and either include a link for the deposition or state that a link will be provided to the deponent and to every other party within a reasonable time before the deposition. If the deposition will be taken by telephone, the notice must contain instructions for joining the telephone call or state that the instructions will be provided to the deponent and to every other party within a reasonable time before the deposition.

  (C) The notice must 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.

  (D) If it is known that an interpreter will be used, the notice must state that an interpreter will be used and must also 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 must 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."

  (E) If a subpoena is to be served on the deponent, the subpoena must contain the same information required by Rule 30(b)(1)(D), except that the advisory statement may be omitted from the notice if it is included in the subpoena. 

  (2) Producing Documents.

  (A) The notice to a party deponent may be accompanied by a request under Rule 34 to produce documents and tangible things at the deposition. If a subpoena duces tecum is to be served on the deponent pursuant to Neb. Rev. Stat. § 25-1224 and Rule 34(A)(a)(3), a copy of the subpoena must be attached to the notice. If the subpoena is served on a party deponent, the time for compliance may not be shorter than the time specified in Rule 34(c)(2)(A).

  (B) If any of the materials are in a language other than English, the deponent must promptly notify the party serving the subpoena of the language(s). The party serving the subpoena must then promptly notify every other party of the language(s).

  (3) Unknown Parties. When the party against whom the deposition is to be used is unknown or is one whose whereabouts cannot be ascertained, the party may be notified of the deposition by publication or by any manner 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, or if there is no such newspaper, then in some newspaper that is printed in the State of Nebraska and has general circulation in that county. The publication must contain all the information required in a written notice and must be made at least 10 days prior to the deposition. Publication may be proven in the manner prescribed in Neb. Rev. Stat. § 25-520. Before publication, a copy of the written notice must be filed with the court in which the action is pending.

  (4) Method of Recording.

  (A) Method Stated in the Notice. The notice must state the method for recording the testimony. 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 methods specified in the notice.

  (B) Additional Method. With prior notice to the deponent and other parties, any party or the deponent may designate another method of recording the testimony in addition to the method specified in the original notice. The additional recording must 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 method 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) Interpreter Required; Payment; Certification. 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 for good cause orders otherwise, the noticing party must arrange and pay for the interpreter. Unless the parties stipulate or the court for good cause 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) Notice or Subpoena Directed to an Organization. In its notice or subpoena, a party may name as the deponent a public or private corporation, a partnership, an association, a governmental agency, or other entity and must describe with reasonable particularity the matters for examination. The named organization must designate one or more officers, directors, or managing agents, or designate other persons who consent to testify on its behalf; and it may set out the matters on which each person designated will testify. Before or promptly after the notice or subpoena is served, the serving party and the organization must confer in good faith about the matters for examination. A subpoena must advise a nonparty organization of its duty to confer with the serving party and to designate each person who will testify. The persons so designated must testify about information known or reasonably available to the organization. This subpart (b)(6) does not preclude taking a deposition by any other procedure allowed by these rules.

  (7) 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 and time of the deposition; (iii) how the deposition is being taken and if the deposition is being taken in person, the place where it is being taken; (iv) the deponent's name; (v) the officer's administration of the oath or affirmation to the deponent; and (vi) the identity and location of all persons attending the deposition. If the deposition is recorded stenographically, the officer may include the foregoing information in the transcript rather than make an on-the-record statement.

  (B) Conducting the Deposition; Avoiding Distortion. If the deposition is recorded nonstenographically, the officer must repeat the items in Rule 30(b)(7)(A)(i)-(iv) 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. The examination and cross-examination of a deponent proceed as they would at trial under the Nebraska Evidence Rules, except Rules 103 and 615. The officer must put the deponent under oath and, if an interpreter is used, also put the interpreter under oath. The officer must record the testimony by the method designated under Rule 30(b)(4)(A). The testimony must be recorded by the officer personally or by a person acting in the presence and under the direction of the officer.

  (2) Objections. An objection at the time of the examination – whether to evidence, to a party’s conduct, to the officer’s qualifications, to the interpreter’s qualifications, to the manner of taking the deposition, to the conduct of any party, or to any other aspect of the deposition – must be noted on the record, but the examination still proceeds; the testimony is taken subject to any objection. 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)(2).

  (3) Participating Through Written Questions. Instead of participating in the oral examination, a party may serve written questions in a sealed envelope on the party noticing the deposition, who must deliver them to the officer. The officer must ask the deponent those questions and record the answers verbatim.

  (d) Sanction; Motion to Terminate or Limit.

  (1) Sanction. The court may impose an appropriate sanction – including reasonable expenses and attorney fees incurred by any party – on a person who impedes, delays, or frustrates the fair examination of the deponent.

  (2) Motion to Terminate or Limit.

  (A) Grounds. 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. If the objecting deponent or party so demands, the deposition must be suspended for the time necessary to obtain an order.

  (B) Order. The court may order that the deposition be terminated or may limit its scope and manner as provided in Rule 26(d). If terminated, the deposition may be resumed only by order of the court in which the action is pending.

  (C) Award of Expenses. Rule 37(a)(5) applies to the award of expenses incurred in relation to the motion.

  (e) Review; Changes; Waiver; Motion to Suppress.

  (1) On request by the deponent or a party before the deposition is completed, the deponent must be allowed 30 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 30 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 subpart (1) of this rule and no motion is made pursuant to subpart (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 subpart (1) of this rule or that the transcription or interpretation of the deposition is inherently inaccurate.

  (f) Certification and Delivery by Officer; Exhibits; Copies of the Transcript or Recording; Notice of Delivery.

  (1) Certification and Delivery. The officer must certify in writing that the deponent was duly sworn and that the deposition accurately records the deponent’s testimony. Unless the court orders otherwise, the officer must promptly 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.

  (2) Documents and Tangible Things.

  (A) Originals and Copies. Documents and tangible things produced for inspection during the examination of the deponent must, on a party’s request, be marked for identification and attached to the deposition. Any party may inspect and copy them. But if the person who produced them wants to keep the originals, the person may:

  (i) offer copies to be marked, attached to the deposition, and then used as originals – after giving all parties a fair opportunity to verify the copies by comparing them to the originals; or 

  (ii) give all parties a fair opportunity to inspect and copy the originals after they are marked – in which event the originals may be used as if attached to the deposition. 

  (B) Order Regarding Originals. Any party may move for an order that the originals be attached to the deposition, pending final disposition of the case. 

  (3) Copies of the Transcript or Recording. Unless otherwise stipulated by the parties or ordered by the court, the officer must retain the stenographic notes of a deposition taken stenographically or a copy of the recording of a deposition taken by another method. When paid reasonable charges, the officer must furnish a copy of the transcript or recording to any party or to the deponent. 

  (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(d) 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.

COMMENTS TO § 6-330

  [1] Although depositions can normally be taken without leave of court, leave is required in the situations described in subpart (a)(2). The 2024 Amendments added a provision requiring leave to depose persons who have been previously deposed. Requiring leave in that situation is appropriate because being deposed more than once can be burdensome for the deponent. A court order is not necessary, however, if all the parties and the deponent stipulate to the second deposition.

  [2] The title of § 6-330 is “Depositions by oral examination.” Despite the title of the rule, a deposition is not an oral examination as defined by statute because it is not testimony in the presence of the trier of fact. See Neb. Rev. Stat. § 25-1243 (defining “oral examination” as “an examination in the presence of the jury or tribunal which is to decide the fact or act upon it, the testimony being heard by the jury or tribunal from the lips of the witness”). It is instead a document in the form of a transcript or recording. See Neb. Rev. Stat. § 25-1242 (defining deposition as “a written declaration under oath or a videotape taken under oath in accordance with procedures provided by law”). Because a deposition is not an oral examination as defined by statute, the statutory limitations on oral testimony by videoconferencing or telephone do not apply to depositions.

  [3] The rule originally required a court order or stipulation to take a deposition by videoconferencing or telephone. The requirement was eliminated by the 2024 Amendments. Subpart (a)(3) now allows a deposition to be taken “in person, by videoconferencing, by telephone, or by a combination of these methods.” The reference to “a combination of these methods” means that there can be hybrid depositions, with some participants attending in person and others attending by another method such as videoconferencing. Furthermore, parties may attend a deposition by a method different than the method stated in the notice, provided that they give the other parties reasonable notice.

  [4] Subpart (a)(3) also allows depositions to be taken by other methods with a stipulation or court order. The provision gives the courts and parties flexibility to use new technologies that may emerge in the future.

  [5] Subpart (b) specifies what must be included in a deposition notice. Among other things, the notice must contain information about the software that will be used if the deposition will be taken by videoconferencing and instructions on how to join the call if the deposition will be taken by telephone. 

  [6] The notice must also state the recording method. Subpart (b)(4) authorizes three methods: (1) stenographic, (2) audio, and (3) audiovisual. The deponent or another party may designate an additional recording method. In order to prevent different people from preparing different records of the deposition, subpart (b)(4)(B) provides that the additional recording must be prepared by the deposition officer (who is selected by the noticing party).

  [7] Although the rule allows the testimony to be recorded by nonstenographic means, parties need to bear in mind that, as a practical matter, they will need to have a transcript prepared if they plan to use the deposition to support or oppose a motion, including, for example, a motion for summary judgment. Parties also need to bear in mind that they should have an audio or audiovisual recording made if an interpreter is used because, as a practical matter, without a record of the questions and answers in the interpreted language, they will be unable to assert later that the interpreter's interpretation was not accurate.

  [8] Because of the increasing number of Nebraskans who may have difficulty communicating in the English language, there is an increased likelihood that the deponent will need the assistance of an interpreter. It is important for the parties to work together to ensure that an interpreter is used when necessary. Subpart (b)(1)(D) provides that if an interpreter will be used, the notice should state that and should also state the language that will be interpreted. If notice is silent about an interpreter but another party believes that one is necessary, then the other party should contact the noticing party. That way, both parties may avoid appearing for a deposition that would otherwise have to be canceled for lack of an interpreter. To facilitate parties working together, the rule requires the inclusion of an advisory statement in the notice.

  [9] It is less likely that the noticing party will know if nonparties require an interpreter, and it is also less likely that nonparties will know to contact the noticing party if they do. Therefore, it is especially important that a subpoena served on a nonparty include the advisory statement. If a subpoena will be served on a nonparty witness, a party may give the other parties written notice of the deposition by serving them with a copy of the subpoena, provided that the subpoena contains the information required by the rule. Alternatively, a party may give the other parties written notice by serving them with a separate document that contains the information required by the rule. If the party does so, the party may omit the advisory statement from the notice because it will be contained in the subpoena served on the witness.

  [10] Ideally, the parties should use a certified or provisionally certified interpreter for a deposition. That is not always possible in Nebraska, however, because there are a limited number of certified and provisionally certified interpreters in some languages. The rule therefore allows the use of registered interpreters if the noticing party has made reasonably diligent efforts to obtain a certified or provisionally certified interpreter and none are available. It is possible that no registered interpreters are reasonably available either. In that case, the parties need to agree on an interpreter, or the noticing party needs to file a motion for a court order.

  [11] Among the factors that a court may consider in deciding whether to grant a motion to vary from the rule's interpreter hierarchy are: the availability, cost, and logistical difficulties of obtaining a certified, provisionally certified, or registered interpreter, the amount in controversy in the case, the significance of the testimony and the purpose for which it is sought (for example, steppingstone discovery as opposed to key evidence), and the competence and experience of the proposed interpreter.

  [12] A party may seek the production of documents in connection with a deposition by either a document request served pursuant to § 6-334 or a subpoena duces tecum served pursuant to Neb. Rev. Stat. § 25-1224. The response time for a document request is normally 30 days. See § 6-334(c)(2)(A). The response time for a subpoena duces tecum is no less than 14 days. See § 6-334(A)(d)(5). It is possible that a subpoena duces tecum could be served on a party deponent in an attempt to circumvent the longer response time in § 6-334. To eliminate that possibility, the 2024 Amendments added a new sentence in § 6-330(b)(2)(A) to make it clear that the response times in § 6-334 apply to parties served with a subpoena duces tecum.

  [13] A deposition can only be used against a party who was not present or represented at the deposition if the party had notice of the deposition. See § 6-332(a)(1)(A). Sometimes it is not possible to serve a party with a deposition notice because the party's identity or whereabouts are unknown. That may occur in a quiet title action. Historically, publication was the only method for giving notice. Subpart (b)(3) now allows the use of any other method reasonably calculated to give actual notice if the use of that method has been approved by the court. The standard stated in subpart (b)(3) is consistent with the standard for substitute service under Neb. Rev. Stat. § 25-517.02(3).

  [14] Subpart (2) previously contained a provision that prohibited the use of a deposition against a party who made diligent but unsuccessful efforts to obtain a lawyer. The provision applied to depositions taken within 30 days of the service of the summons because the deponent was expected to leave the State. The 2024 Amendments moved the contents of provision to § 6-332(a)(5).

  [15] Subpart (b)(6) governs depositions of organizations and, among other things, lists the types of organizations that may be deposed. The 2024 Amendments added “or other entity” at the end of the list to make it clear that organizations can be deposed regardless of their form. The 2024 Amendments also added a requirement that the deposing party and the deponent organization confer about the subjects of the deposition organization. Doing so may help the party to structure the deposition and also help the organization to identify the proper person(s) to testify on its behalf.

  [16] The 2015 Amendments added a provision requiring the deposition officer to be in the same location as the deponent when the deposition was not taken in person. During the Covid-19 Pandemic, the officer and deponent were often in different locations without incident. Therefore, the requirement has been eliminated. The parties are free, however, to enter into a stipulation or to seek a court order regarding the officer’s location for a particular deposition.

  [17] Subpart (b)(7) specifies the officer’s duties, which include stating on the record preliminary information such as the date and time of the deposition. If the deposition is recorded stenographically, the officer is not required to state the information orally. The officer can instead include the information in the transcript. The oath or affirmation, however, must be administered orally on the record.

  [18] Subpart (c)(1) provides that the examination and cross-examination of the deponent proceed as they would at trial under the Nebraska Evidence Rules. The 2024 Amendments added two exceptions: Rule 103 and Rule 615. The reason for the Rule 103 exception is that a judge is usually not present at a deposition. The reason for the Rule 615 exception is to make it clear that persons who may be deposed in the future may not be excluded from deposition at the request of a party. If a party wants to exclude persons from the deposition, the party should file a motion for a protective order pursuant to § 6-326(d)(1)(E).

  [19] Subpart (c)(2) governs objections. The 2015 Amendments added the requirement that the interpreter must be sworn and that an objection to the interpreter's qualifications must be recorded. The 2015 Amendments also add provisions on how objections must be stated and when a person may instruct the witness not to answer. Those provisions – which are modeled on Rule 30(c)(2) of the Federal Rules of Civil Procedure – are designed to eliminate speaking objections made for the purpose of disrupting the questioning or suggesting how the deponent should answer a question.

  [20] The attorneys, the parties, and the deponent should behave in a professional and civil manner during a deposition. They should not use vulgar language, repeatedly interrupt each other, repeatedly make improper objections, or repeatedly give improper instructions not to answer. If a person engages in misconduct that impedes, delays, or frustrates the fair examination of the deponent, then the court has the discretion to impose sanctions under subpart (d)(1). Those sanctions may be monetary (for example, reasonable expenses or attorney fees) or nonmonetary (for example, admonishing an attorney or requiring the attorney to attend a continuing legal education program), or both.

  [21] Subpart (d)(2)(A) allows a party to terminate a deposition if the interpreter's performance is so problematic that it undermines the usefulness of the deposition. It should be emphasized that a problem with how the interpreter handled a particular question or answer is insufficient to justify terminating a deposition. "'[I]nterpretation is a demanding and inexact art, and . . . the languages involved may not have precise equivalents for particular words or concepts.' Minor or isolated inaccuracies, omissions, interruptions, or other defects in translation are inevitable . . . ." Tapia-Reyes v. Excel Corp., 281 Neb. 15, 27, 793 N.W.2d 319, 328 (2011). Repeated problems, however, may signal that the interpretation is so fundamentally flawed that it would be pointless for the party to continue the deposition.

  [22] Subpart (f) was amended in 2015 to streamline the procedures for review and use of the deposition. Under the prior version of the rule, the deponent had a right to review the deposition unless the right was waived by deponent and the parties. There was no time limit on review except for videotape depositions, which had to be reviewed immediately. The rule as amended requires the deponent or party to invoke the right of review before the end of the deposition and gives the deponent or party thirty days to review after being notified that the transcript or recording is available. The parties may agree or the court may order a different time. For example, a shorter time may be necessary when the deposition is taken a few days before trial. A signature is only required if (1) the deponent or a party invoked the right to review and (2) the deponent made changes to the testimony.

  [23] Subpart (e)(2) is designed to make it clear to the deponent and to the parties that failing to invoke the right to review has serious consequences. The subpart provides that the transcript or recording of the deposition is deemed to be accurate if (1) the right to review was not invoked or (2) the right was invoked, no changes were submitted to the officer in the time and manner required by subpart (e)(1), and no motion to suppress was filed pursuant to subpart (e)(3).

  [24] If the right to review is invoked, then the deponent has a duty to review the transcript or recording and make changes to correct any errors. If the deponent fails to do so, then the deponent cannot later seek to suppress the deposition on the ground that the transcription or interpretation was inaccurate. If the deponent invokes the right to review and determines that the transcription or interpretation is inherently inaccurate, however, the deponent may move to suppress the deposition instead of making changes. Even if the deponent makes changes, any other party who believes that the deposition is inherently inaccurate may move to suppress the deposition. The burden of proof is on the moving party.

  [25] Subpart (f)(3) requires the officer to retain the stenographic notes of a deposition taken stenographically or a copy of the recording of a deposition taken by another method. This requirement mirrors Rule 30(f)(3) of the Federal Rules of Civil Procedure. Retaining the notes or a copy is necessary because the officer must furnish a copy of the transcript or recording if a party or the deponent later requests and pays for one.

  [26] Subpart (f) previously contained a provision that required the deposing party to give notice to the other parties when the officer delivered the deposition. The provision was deleted in 2024 because the requirement is unnecessary.

  [27] As a result of the growth of social media, it is much easier today for parties to disseminate sensitive portions of depositions in an attempt to harass or oppress their adversaries. Subpart (h) serves as a reminder that a court may enter a protective order pursuant to § 6-326(d)(1) to prevent parties from using the recording or transcription of a deposition for improper purposes.

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; § 6-330 amended November 13, 2024, effective January 1, 2025.

  (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 commands a person to:

  (A) testify at a deposition;

  (B) produce and permit the party serving the subpoena to inspect, copy, test, or sample the following items that are within the scope of Rule 26(b) and in the possession, custody, or control of the person:

  (i) 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 either directly or, if necessary, after translation by the responding person into a reasonably usable form; or

  (ii) any designated tangible things; or

  (C) permit entry onto designated land or other property possessed or controlled by the person when such entry is within the scope of Rule 26(b) so that the party may inspect, measure, survey, photograph, test, or sample the property or any designated object or operation on it.

  (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 must be paid.

  The clerk must 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, must 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)(d)(5)-(6).

  (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 § 6-330(A)

  [1] The rule was promulgated pursuant to the authority granted to the Supreme Court by Neb. Rev. Stat. § 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.

  [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 subpart (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); Neb. Ct. R. of Prof. Cond. § 3-505.5(c)(2), Comment [10].

  [5] During a deposition, lawyers may sometimes seek a telephonic ruling from the court on objections or instructions 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 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. That motion should 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; § 6-330(A) amended November 13, 2024, effective January 1, 2025.

  (a) When a Deposition May be Taken.

  (1) Without Leave. A party may, by written questions, depose any person, including a party, without leave of court except as provided by Rule 31(a)(2). The deponent’s attendance may be compelled by a subpoena that contains the information specified by Rule 30(b)(1)(E).

  (2) With Leave. A party must obtain leave of court if:

  (A) the party is a plaintiff and seeks to serve questions within 30 days after service of the summons, unless

  (i) the parties stipulate that the deposition may be taken; or

  (ii) the defendant has served a deposition notice in the action; or

  (B) the deponent has already been deposed in the case and the deponent and the parties do not stipulate that the deponent may be deposed again; or

  (C) the deponent is confined in prison.

  (3) Service; Required Notice. A party who intends to depose a person by written questions must serve the questions on every other party, with a notice stating, if known, the deponent’s name and address. If the name is unknown, the notice must provide a general description sufficient to identify the person or the particular class or group to which the person belongs. The notice must also state the name or descriptive title and the address of the officer before whom the deposition will be taken.

  (4) Interpreter; Required Notice. If an interpreter will be used, the notice must 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). Rule 30(b)(5) governs who may serve as an interpreter.

  (5) Questions Directed to an Organization. A public or private corporation, a partnership, an association, a governmental agency, or other entity may be deposed by written questions in accordance with Rule 30(b)(6). 

  (6) Questions from Other Parties. Any questions to the person from other parties must be served on all parties as follows: cross questions, within 14 days after being served with the notice and direct questions; redirect questions, within 7 days after being served with the cross-questions; and recross-questions, within 7 days after being served with redirect questions. The court may, for good cause, lengthen or shorten these times.

  (b) Delivery to the Officer; Officer’s Duties. The party who noticed the deposition must deliver to the officer a copy of all the questions served and of the notice. The officer must promptly proceed in the manner provided in Rule 30(c), (e), and (f) to:

  (1) take the deponent’s testimony in response to the questions;

  (2) prepare and certify the deposition; and

  (3) send it to the party, attaching a copy of the questions and of the notice.

  (c) Notice of Completion. The party taking the deposition must notify all other parties when it is completed.

COMMENT TO § 6-331

  It is unclear how often depositions are taken by written questions. But there are situations in which some parties prefer to take depositions by written questions rather than by oral examination. Therefore, § 6-331 has been retained and kept current. In 2015, the rule was amended to add provisions on interpreters. In 2024, the rule was amended to add provisions on when leave is required, to broaden the scope of the provision on deposing organizations, and to shorten the time for serving questions.

§ 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; § 6-331 amended November 13, 2024, effective January 1, 2025.

  (a) Using Depositions.

  (1) In General. At a hearing or trial, all or part of a deposition may be used against a party on these conditions:

  (A) the party was present or represented at the taking of the deposition or had reasonable notice of it;

  (B) it is used to the extent it would be admissible under the Nebraska Rules of Evidence if the deponent were present and testifying; and

  (C) the use is allowed by Rule 32(a)(2)-(8).

  (2) Any party may use a deposition to contradict or impeach the testimony given by the deponent as a witness, or for any purpose allowed by the Nebraska Evidence Rules.

  (3) Deposition of a Party, Agent, or Designee. An adverse party may use for any purpose the deposition of a party or of anyone who, when deposed, was the party’s officer, director, managing agent, or designee under Rule 30(b)(6) or Rule 31(a)(5).

  (4) Unavailable Witness. A party may use for any purpose the deposition of a witness, whether or not a party, if the court finds:

  (A) that the witness is dead;

  (B) that the witness is more than one hundred miles from the place of hearing or trial or is outside the state, or beyond the subpoena power of the court, unless it appears that the witness’ absence was procured by the party offering the deposition; 

  (C) that the witness cannot attend or testify because of age, illness, infirmity, or imprisonment; 

  (D) that the party offering the deposition could not procure the witness’ attendance by subpoena; 

  (E) that exceptional circumstances make it desirable - in the interest of justice and with due regard to the importance of live testimony in open court - to permit the deposition to be used; or

  (F) on motion and notice prior to the taking of the deposition, that circumstances make it desirable - in the interest of justice and with due regard to the importance of live testimony in open court - to permit the deposition to be used.

  (5) Limitation on Use; Unavailable Deponent; Party Could Not Obtain an Attorney. A deposition taken without leave of court under the unavailability provision of Rule 30(a)(2)(A)(iii) must not be used against a party who shows that, when served with the notice, it could not, despite diligent efforts, obtain an attorney to represent it at the deposition.

  (6) Using Part of a Deposition. If a party offers in evidence only part of a deposition, an adverse party may require the offeror to introduce other parts that in fairness should be considered with the part introduced, and any party may itself introduce any other parts.

  (7) Substituting a Party. Substituting a party does not affect the right to use a deposition  previously taken.

  (8) Deposition Taken in an Earlier Action. A deposition lawfully taken in any federal or state court action may be used in a later action involving the same subject matter between the same parties, or their representatives or successors in interest, to the same extent as if taken in the later action. A deposition previously taken may also be used as allowed by the Nebraska Evidence Rules.

  (b) Objections to Admissibility. Subject to the provisions of Rule 28(b) and 32(d)(3), an objection may be made at a hearing or trial to the admission of any deposition testimony that would be inadmissible if the witness were present and testifying; or if the trial court directs, such objections may be heard and determined prior to trial.

  (c) Transcript, Form of Presentation, and Notice of Use.

  (1) Transcript. Unless the court orders otherwise, a party must:

  (A) provide the court with a transcript of any deposition testimony the party offers, but may provide the court with the testimony in audio or audiovisual form as well; or

  (B) if the deposition was not recorded stenographically, provide the court and the other parties with a transcript of the portions of the deposition requiring a ruling from the court.

  (2) Form. On any party's request, deposition testimony offered in a jury trial for any purpose other than impeachment must be presented in audio or audiovisual form, if available, unless the court for good cause orders otherwise.

  (3) Notice. A party who may offer a deposition in audio or audiovisual form for any purpose other than impeachment must give the other parties reasonable written notice before the hearing or trial and an opportunity to object to use of all or part of the deposition.

  (d) Waiver of Objections.

  (1) To the Notice. An objection to an error or irregularity in a deposition notice is waived unless promptly served in writing on the party giving the notice.

  (2) To the Officer’s Qualifications. An objection based on disqualification of the officer before whom a deposition is to be taken is waived if not made:

  (A) before the deposition begins; or

  (B) promptly after the basis for disqualification becomes known or, with reasonable diligence, could have been known.

  (3) To the Taking of the Deposition.

  (A) Objection to Competence or Relevance. An objection to a deponent’s competence – or to the competence or relevance of testimony – is not waived by a failure to make the objection before or during the deposition, unless the ground for it might have been corrected at that time. But if a deposition was recorded by audio or audiovisual means only, the objection is waived by the failure to make it to the court before the hearing or trial unless the court, for good cause, excuses the failure.

  (B) Objection to an Error or Irregularity. An objection to an error or irregularity at an oral examination is waived if:

  (i) it relates to the manner of taking the deposition, the form of a question or answer, the oath or affirmation, a party’s conduct, or other matters that might have been corrected at that time; and

  (ii) it is not timely made during the deposition.

   (C) Objection to a Written Question. An objection to the form of a written question under Rule 31 is waived if not served in writing on the party submitting the question within the time for serving responsive questions or, if the question is a recross-question, within 7 days after being served with it.

  (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.

COMMENTS TO § 6-332

  [1] The rule governs the use of depositions in court proceedings. The rule was amended in 2015 to address interpreters and was amended again in 2024 to address issues raised by depositions that are recorded by audio or audiovisual means.

  [2] Subpart (a)(4) creates an exception to the hearsay rule. In other words, a deposition does not have to satisfy the requirements of Neb. Rev. Stat. § 27-804(2)(a) to be admissible under this subpart. See Walton v. Patil, 279 Neb. 974, 984 (2010). Under subpart (a)(4)(B), the witness must be at least 100 miles away in order to use the deposition because Neb. Rev. Stat. § 25-1227 establishes 100 miles as the maximum distance a witness must ordinarily travel for a civil trial. Subpart (a)(4)(E) allows use of a deposition under exceptional circumstances; under subpart (a)(3)(F), the court may authorize use of the deposition in the absence of exceptional circumstances if the application is made before the deposition is taken.

  [3] Recording a deposition solely by audio or audiovisual means can reduce costs. Reducing costs is especially important for self-represented parties and parties represented pro bono. But the interests of the court become relevant when a party seeks to use the deposition at a hearing or trial. It is usually easier for a court to review a transcript rather than a recording. Subpart (c)(1)(B) accommodates the competing interests by requiring a party who took a deposition non-stenographically to provide the court and the other parties with “a transcript of the portions of the deposition requiring a ruling from the court.” If there are objections on just a few pages of the deposition, then the party only needs to have a transcript prepared of those few pages. It should be noted that subpart (c)(1) requires a party to provide a transcript “[u]nless the court orders otherwise.” The quoted language makes it clear that the court has the discretion to dispense with the transcript requirement if compliance would be unnecessary or especially onerous.

  [4] Depositions that are recorded by stenographic means are sometimes recorded by audio or audiovisual means as well. If the deposition is used at trial, the lawyers may read part or all of the deposition testimony at trial. But the reality is that jurors are more likely to pay attention to a recording of a deponent testifying than they are to lawyers reading the questions and answers. Subpart (c)(2) reflects that reality by requiring that a deposition recorded by audio or audiovisual means must be presented in audio or audiovisual form in a jury trial if any party requests that it be presented in that form. The requirement does not apply if deposition testimony is used for impeachment purposes, however, or if the court determines that there is good cause for not presenting the testimony in that form.

  [5] Section 6-332(d)(3)(A) provides that if a deposition was recorded by audio or audiovisual means only, competency and relevance objections are waived unless they are made to the court before the hearing or trial. It makes sense to resolve competency and relevance objections beforehand – but a party needs to know beforehand that a deposition will be used so that it can raise its objections beforehand. Therefore, subpart (c)(3) provides that if a party that plans to use an audio or audiovisual deposition for any purpose other impeachment, the party must give the other parties reasonable written notice before the hearing or trial.

  [6] One of the objections that can be raised by a motion to suppress is an objection to how the interpreter interpreted the questions or answers. The objection can be raised only if a request to review the deposition was made pursuant to § 6-330(e)(1). The deponent may correct alleged errors in interpretation by signing a statement listing the changes and the reasons for them. The errors, however, may be so extensive that the deposition is inherently inaccurate. In that case, the deponent or a party may file a motion to suppress the deposition in its entirety. See § 6-330(e)(3). A party may also file a motion to suppress the deposition in part on the grounds that there were errors in interpreting a limited but material part of the deposition and those errors render that part inherently inaccurate. If the court suppresses a deposition in whole or in part, the court may order the deposition to be retaken in whole or in part.

  [7] Subpart (d)(4) provides that a motion to suppress must be promptly filed. A motion may be untimely if the party failed to act with reasonable diligence in obtaining a transcript or recording of the deposition or in reviewing the transcript or recording.

§ 6-332(d)(4) and Comments to Rule 32 amended October 21, 2015, effective January 1, 2016; § 6-332 amended November 13, 2024, effective January 1, 2025.

  (a) In General.

  (1) Number. Unless otherwise stipulated or ordered by the court, a party may serve on any other party no more than 50 written interrogatories, including all discrete subparts. The court may grant leave to serve additional interrogatories for good cause shown.

  (2) Scope. An interrogatory may relate to any matter that may be inquired into under Rule 26(b). An interrogatory is not objectionable merely because it asks for an opinion or contention that relates to fact or the application of law to fact, but the court may order that the interrogatory need not be answered until designated discovery is complete or some other time.

  (3) Time; Editable Format. Interrogatories may be served on the plaintiff after commencement of the action and on any other party with or after service of the summons on that party. Upon demand, the party served with the interrogatories must be given an electronic copy of the interrogatories in a readily editable format.

  (b) Answers and Objections.

  (1) Responding Party. The interrogatories must be answered:

  (A) by the party to whom they are directed; or

  (B) if that party is a public or private corporation, a partnership, an association, a governmental agency, or other entity, by any officer or agent, who must furnish the information available to the party.

  (2) Time to Respond. The responding party must serve its answers and any objections within 30 days after being served with the interrogatories, except that a defending party may serve its answers and objections within 45 days after being served with the summons or 30 days after being served with the interrogatories, whichever is longer. A shorter or longer time may be stipulated to under Rule 29 or be ordered by the court.

  (3) Answering Each Interrogatory. Each interrogatory must, to the extent it is not objected to, be answered separately and fully in writing under oath.

  (4) Objections. If a party objects to an interrogatory, the party must state the grounds for the objection and must also explain with specificity why the interrogatory is objectionable on those grounds. Any ground not stated in a timely objection is waived unless the court, for good cause, excuses the failure.

  (5) Form of Answer or Objection. The answering or objecting party must reproduce each interrogatory and then state the party’s answer or objection to the interrogatory.

  (6) Signature. The person who makes the answers must sign them, and the attorney who objects must sign any objections.

  (c) Use. An answer to an interrogatory may be used to the extent allowed by the Nebraska Evidence Rules.

  (d) Option to Produce Business Records. If the answer to an interrogatory may be determined by examining, auditing, compiling, abstracting, or summarizing a party’s business records (including electronically stored information), and if the burden of deriving or ascertaining the answer will be substantially the same for either party, the responding party may answer by:

  (1) specifying the records that must be reviewed, in sufficient detail to enable the interrogating party to locate and identify them as readily as the responding party could; and

  (2) giving the interrogating party a reasonable opportunity to examine and audit the records and to make copies, compilations, abstracts, or summaries.

COMMENTS TO § 6-333

  [1] Although interrogatories can be a helpful discovery method, they can also be abused. The rule therefore imposes a numerical limit on interrogatories. A party may not serve more than 50 interrogatories, including all discrete subparts, on another party unless the court orders or the parties stipulate otherwise. The rule does not specify how to count interrogatories. In applying the numerical limit imposed by Rule 33 of the Federal Rules of Civil Procedure, most federal courts have said that an interrogatory with subparts should be counted as one interrogatory if the “subparts are logically or factually subsumed within and necessarily related to the primary question.” Erfindergemeinschaft Uropep GbR v. Eli Lilly and Company, 315 F.R.D. 191, 196 (E.D. Tex. 2016).

  [2] The rule requires a party responding to an interrogatory to reproduce the interrogatory and then state its answer or objection. That is easier to do if the party is served with the interrogatories in a readily editable electronic format such as Word or WordPerfect. But parties are sometimes served with interrogatories in a paper format or in a non-readily editable electronic format such PDF. Subpart (a)(3) was added in 2024 to address the situation. The subpart requires the serving party to provide the responding party with an electronic copy of the interrogatories in a readily editable format if the responding party asks for such a copy.

  [3] Although the 2024 Amendments made significant stylistic changes to the rule, they made very few substantive changes. One of the substantive changes was the addition of subpart (b)(4). The subpart requires an objecting party to state the grounds for its objection and to explain why the interrogatory is objectionable on those grounds. The purpose of the requirement is to eliminate what are often called “boilerplate objections” – in other words, objections that state objections in a conclusory way (for example, “burdensome, oppressive, and irrelevant”) without explaining the specific reasons for the objection. Requiring parties to state the specific reasons for the objection may discourage the parties from making baseless objections and may also help them resolve discovery disputes informally by identifying the specific problems that the objecting party has with the interrogatory.

  [4] Subpart (b)(4) also provides that an objection is waived if the party fails to make the objection in a timely manner. Treating such a failure as a waiver, however, may sometimes be unduly harsh. The rule therefore gives the court the discretion to excuse the failure if there is good cause for doing so.

Rule 33(c) amended June 4, 2008, effective June 18, 2008. Renumbered and codified as § 6-333, effective July 18, 2008; § 6-333 amended November 13, 2024, effective January 1, 2025.

  (a) In General. A party may serve on any other party a request within the scope of Rule 26(b):

  (1) to produce and permit the requesting party or its representative to inspect, copy, test, or sample the following items in the responding party’s possession, custody, or control:

  (A) 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 either directly or, if necessary, after translation by the responding party into a reasonably usable form; or 

  (B) any tangible things; or

  (2) to permit entry onto designated land or other property possessed or controlled by the responding party, so that the requesting party may inspect, measure, survey, photograph, test, or sample the property or any designated object or operation on it.

  (b) Time; Editable Format. The request may be served on the plaintiff after commencement of the action and on any other party with or after service of the summons on that party. Upon demand, the party served with the request must be given an electronic copy of the request in a readily editable format.

  (c) Procedure.

  (1) Contents of the Request. The request:

  (A) must describe with reasonable particularity each item or category of items to be inspected; 

  (B) must specify a reasonable time, place, and manner for the inspection and performing the related acts; and

  (C) may specify the form or forms in which electronically stored information is to be produced.

  (2) Responses and Objections.

  (A) Time to Respond. The party to whom the request is directed must respond in writing within 30 days after being served, except that a defending party must respond within 45 days after being served with the summons or 30 days after being served with the request, whichever is longer. A shorter or longer time may be stipulated to under Rule 29 or be ordered by the court.

  (B) Responding to Each Item. The responding party must reproduce each request and then state the party’s response to the request. For each item or category, the response must either state that inspection and related activities will be permitted as requested or state an objection. The responding party may state that it will produce copies of documents or of electronically stored information instead of permitting inspection. The production must then be completed no later than the time for inspection specified in the request or another reasonable time specified in the response.

  (C) Objections. If a party objects to a request, the party must state the grounds for the objection and must also explain with specificity why the request is objectionable on those grounds. Any ground not stated in a timely objection is waived unless the court, for good cause, excuses the failure.

  (i) Withholding Materials. An objection must state whether any responsive materials are being withheld on the basis of that objection.

  (ii) Partial Objection. An objection to part of a request must specify the part and produce or permit inspection of the rest.

  (D) Responding to a Request for Production of Electronically Stored Information. The response may state an objection to a requested form for producing electronically stored information. If the responding party objects to a requested form – or if no form was specified in the request – the party must state the form or forms it intends to use.

  (E) Producing the Documents or Electronically Stored Information. Unless otherwise stipulated or ordered by the court, these procedures apply to producing documents or electronically stored information:

  (i) A party must produce documents as they are kept in the usual course of business or must organize and label them to correspond to the categories in the request;

  (ii) If a request does not specify a form for producing electronically stored information, a party must produce it in a form or forms in which it is ordinarily maintained or in a reasonably usable form or forms; and

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

COMMENTS TO § 6-334

  [1] A party responding to requests for production or entry must state for each request whether it objects to the request or will honor the request. The original version of the rule implied (but did not explicitly state) that the responding party must first reproduce the request and then state its objection or response. The 2024 Amendments made the requirement explicit by adding the following sentence in subpart (c)(2)(B): “The responding party must reproduce each request and then state the party’s response to the request.” As a result, the format for responding to interrogatories, requests for documents, and requests for admission is the same.

  [2] It is easier to reproduce each request if the requests are served in an electronic format. Subpart (b) therefore requires the requesting party to provide the responding party with an electronic copy of the requests in a readily editable format if the responding party asks for such a copy. Comment [4] of the Comments on § 6-333 provides examples of what are and what are not readily editable formats.

  [3] Section 6-334 was promulgated at a time when documents were in paper form and complying with the request meant physically collecting the documents and making them available for the requesting party to inspect so that the party could decide which ones to photocopy. Therefore, the rule required the responding party to serve a response stating that (1) the party objected to the request or (2) the party would make the requested documents available for inspection. But as electronic documents began replacing paper documents, responding parties began providing documents in electronic form rather than making them available for inspection in paper form. In 2024, the rule was amended to bring the rule into conformity with the practice by giving the responding party the option of stating that it will produce the documents instead of making them available for inspection. The option appears in subpart (c)(2)(B). 

  [4] Like a party objecting to interrogatories, a party objecting to a § 6-334 request must state the grounds for its objection and explain why the request is objectionable on those grounds. The requirement was added by the 2024 Amendments and appears in subpart (c)(2)(C). The reasons for the requirement are discussed in Comment [2] of the Comments on § 6-333.

  [5] Subpart (c)(2)(C) also provides that an objection is waived if the party fails to make the objection in a timely manner. Treating such a failure as a waiver, however, may sometimes be unduly harsh. The rule therefore gives the court the discretion to excuse the failure if there is good cause for doing so.

  [6] In the past, objecting parties have sometimes produced documents without specifically stating that they were withholding any documents on the basis of the objection. As a result, the requesting party might have believed that it received all the responsive documents when in fact it did not. To ensure that the requesting party knows whether any documents have been withheld, subpart (c)(2)(C)(i) now requires an objecting party to state whether any responsive materials are being withheld on the basis of the objection. The objecting party is not required to provide a detailed description of the documents; a simple statement that documents were withheld is sufficient to put the requesting party on notice that it may need to pursue the issue. 

  [7] The original version of the rule included a subpart that recognized the possibility of filing an independent action against a nonparty for production of documents or tangible things or for entry onto land. The subpart was deleted by the 2024 Amendments because parties no longer need to file an independent action to obtain discovery from nonparties. Parties can proceed under § 6-334(A) to obtain discovery from nonparties for actions pending in Nebraska and under § 6-330(A) for actions pending in other states.

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; § 6-334 amended November 13, 2024, effective January 1, 2025; § 6-334(a)(1) amended March 27, 2024, effective January 1, 2025.

  (a) In General.

  (1) Scope of Subpoena. A party may serve a subpoena that commands a person to produce and permit the party or its representative to do the following at a specified time and place:

  (A) inspect, copy, test, or sample the following items that are within the scope of Rule 26(b) and in the person’s possession, custody, or control:

  (i) 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 either directly or, if necessary, after translation by the responding person into a reasonably usable form; or

  (ii) any designated tangible things; or

  (B) permit entry onto designated land or other property possessed or controlled by the person when such entry is within the scope of Rule 26(b) so that the party may inspect, measure, survey, photograph, test, or sample the property or any designated object or operation on it.

  (2) Option to Provide Copies. The subpoena may give the person the option of (A) producing documents or electronically stored information for inspection or (B) providing copies of the documents or information by the date specified in the subpoena. If the subpoena gives the person such an option, the person may condition preparation of the copies on advance payment of the reasonable cost of preparing the copies.

  (3) Subpoena for Deposition and Documents. Pursuant to Neb. Rev. Stat. § 25-1224, the subpoena may command the person to appear and testify at a deposition at the time and place specified for production. Such a subpoena must comply with this rule and contain the information that the statutes and Rule 30(b)(1)(E) require for deposition subpoenas. It must also contain a statement of the method for recording the testimony.

  (b) Prior Notice to Parties.

  (1) A party who intends to serve a subpoena pursuant to this rule must serve a written notice on every other party at least 14 days before issuance of the subpoena. Leave of court or a stipulation of the parties is required only if a plaintiff seeks to serve the notice within 30 days after service of the summons and no defending party has served such a notice.

  (2) The notice must state the name and address of the person to whom the subpoena will be directed, the date on or after which the subpoena will be issued, the time and place of the inspection or entry, and whether the person will be given the option of providing the party with copies of the designated documents or electronically stored information. The notice must also contain a designation of (i) the documents or electronically stored information to be produced or (ii) the land or other property to be entered.

  (c) Objections; Request. Before the subpoena is issued, any party may serve a written objection to the subpoena on all the other parties, including the party who gave written notice of the intent to serve the subpoena. If the subpoena is for entry onto land, any party may request that it be named in the subpoena as also entering at the same time and place.

  (1) Objection to Production or Entry. A party may object to one or more of the designations in the subpoena on the grounds that the designated production or entry is (i) protected by a privilege, in which case the party must identify the applicable privilege, (ii) not within the scope of Rule 26(b), or (iii) would be unreasonably intrusive or oppressive to the party. The objection must specify the designated production or entry to which the objection is directed and must also specify the grounds for the objection.

  (2) Unless the party withdraws the objection or the court orders otherwise, a subpoena may not command the production of any items or the entry onto any land to which an objection has been made pursuant to subpart (1) of this rule.

  (3) The party who intends to serve the subpoena may move for an order on the objection. The motion must be filed in the court where the action is pending and served on the other parties. The court may sustain or overrule the objection in whole or in part, order that discovery proceed in a different manner, or enter a protective order pursuant to Rule 26(d). The court may also award expenses as authorized in Rule 37(a)(5).

  (d) Issuance; Contents; Form of Production; Service.

  (1) Issuance. A subpoena may be issued pursuant to this rule by either the clerk of the court where the action is pending upon the request of a party or by an attorney on behalf of the court if the attorney is authorized to practice in the court.

  (2) Contents. A subpoena issued pursuant to this rule must:

  (A) state the name of the court from which it is issued, the title of the action, and the case number;

  (B) command the person to whom it is directed to produce the designated documents, electronically  stored information, or things or permit the designated entry;

  (C) if for production, specify the time and place for the production or give the person the option of producing the designated documents or electronically stored information for inspection at the specified time and place or providing copies of them by the specified date;

  (D) if for entry, specify the time and place for the designated entry and state the name of each party entering;

  (E) state the name of each party who was given written notice that the subpoena would be issued and the date on which the party was given notice; and

  (F) include this rule, either in the text of the subpoena or as an attachment to the subpoena.

  (3) Form of Production. A subpoena may specify the form or forms in which electronically stored information is to be produced.

  (4) Reasonable Particularity. The designations in the subpoena must describe the documents, electronically stored information, or items with reasonable particularity.

  (5) Service on the Person; Time; Return of Service. A subpoena issued pursuant to this rule must be served on the person to whom it is directed no less than 14 days before the time specified for production or entry. The subpoena may be served by any person who is authorized by Neb. Rev. Stat. § 25-1223(9) to serve a subpoena. Service must be made in the manner authorized by Neb. Rev. Stat. § 25-1226(1) for service of a deposition subpoena and the return of service must be made in the manner specified by Neb. Rev. Stat. § 25-1228(2).

  (6) Service on the Other Parties. The party who serves a subpoena on the person pursuant to this rule must also serve a copy of the subpoena on the other parties no less than 14 days before the time specified for production or entry.

  (7) Protective Order. After a subpoena has been issued, any party or the person served with a subpoena may move for a protective order pursuant to Rule 26(d).

  (8) Avoiding Undue Burden or Expense. A party or an attorney responsible for issuing and serving a subpoena must take reasonable steps to avoid imposing undue burden or expense on a person subject to the subpoena. The court by which the subpoena was issued must enforce this duty and impose an appropriate sanction – which may include lost earnings and reasonable attorney fees – on a party or attorney who fails to comply.

  (e) Objections; Motions. If a person served with a subpoena believes that compliance with the subpoena should not be required in whole or in part, the person may serve an objection to the subpoena or file a motion to quash or modify the subpoena.

  (1) Objection.

  (A) Making an Objection. A person served with a subpoena may serve on the party serving the subpoena an objection to producing any or all of the designated items, to producing electronically stored information in the specified form or forms, or to allowing the designated entry. The objection must be in writing and served within 14 days after the subpoena was served. The party on whom the objection was served must promptly serve a copy of the objection on all the other parties to the action.

  (B) Waiver of Objection. The objection must state the grounds for the objection and must also state with specificity why the subpoena is objectionable on those grounds. Any ground not stated in a timely objection is waived unless (i) the objection is based on a privilege or the work product protection or (ii) the court, for good cause, excuses the failure.

  (C) Ruling on an Objection. If the person serves an objection, the person is not required to produce the objected-to items or to permit entry unless a court orders otherwise. The party serving the subpoena may file a motion in the court where the action is pending for an order overruling the objection and compelling compliance with the subpoena. An order compelling compliance must protect a person who is neither a party nor a party’s officer from significant expense resulting from compliance.

  (2) Motion to Quash. A person served with a subpoena may file a motion to quash or modify the subpoena. The motion must be filed in the court where the action is pending before the time specified for compliance or within 14 days after the subpoena was served, whichever is earlier, and must also be served on all the parties. The court must grant the motion to quash or modify if the subpoena:

  (A) fails to allow a reasonable time for compliance;

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

  (C) subjects the person to undue burden.

  (f) Duties in Responding to a Subpoena.

  (1) Producing Documents or Electronically Stored Information. These procedures apply to producing documents or electronically stored information.

  (A) Documents. A person responding to a subpoena to produce documents must produce them as they are kept in the ordinary course of business or must organize and label them to correspond to the categories in the subpoena.

  (B) Form for Producing Electronically Stored Information Not Specified. If a subpoena does not specify a form for producing electronically stored information, the person must produce it in a form or forms in which it is ordinarily maintained or in a reasonably useable form or forms.

  (C) Electronically Stored Information Produced in Only One Form. The person need not produce the same electronically stored information in more than one form.

  (2) Claiming Privilege or Protection. When a person withholds subpoenaed information by claiming that the information is privileged or subject to protection as work product, the party must:

  (A) expressly make the claim; and

  (B) describe the nature of the documents, communications, or tangible not produced – and do so in a manner that, without revealing information itself privileged or protected, will enable the parties to assess the claim.

  (g) Production of Privileged or Protected Documents. Rule 26(b)(5) applies to documents or electronically stored information produced in response to a subpoena.

  (h) Duplicates. If the party who served the subpoena creates or obtains copies of any items from the person served with the subpoena, the party must make duplicate copies available to any other party who requests them and pays in advance the reasonable cost of making the duplicates.

COMMENTS TO § 6-334(A)

  [1] Section 6-334(A) specifies the procedures for obtaining documents and other tangible things from a nonparty as well as for entering onto land possessed or controlled by a nonparty. Most of the rule was promulgated pursuant to the authority granted to the Supreme Court by Neb. Rev. Stat. § 25-1273. The provisions on subpoenas duces tecum were promulgated pursuant to the authority granted to the Supreme Court by Neb. Rev. Stat. § 25-1224(2). The rule was substantially reorganized and rewritten in 2024 to make it more comprehensive and readable.

  [2] Subpart (a)(3) provides that a subpoena duces tecum must comply with § 6-334(A). Because a subpoena duces tecum must comply with the rule, a party cannot circumvent the prior notice provisions of subpart (b) by issuing a subpoena duces tecum instead of a document subpoena. Subpart (a)(3) also provides that a subpoena duces tecum must contain the interpreter statements required by § 6-330(b)(1)(E), the information required by Neb. Rev. Stat. § 25-1223(4), and a statement of the recording method.

  [3] The 2024 Amendments incorporated the current statutory requirements for issuing and serving subpoenas. The Amendments also harmonized much of the wording and many of the procedures in §§ 6-334 and 6-334(A). Like § 6-334, § 6-334(A) as amended provides that the documents sought must be described with reasonable particularity (subpart (d)(4)), contains provisions on the form in which electronically stored information should be produced (subparts (d)(3) and (e)(1)(a)), specifies the information that must be provided when privileged or protected documents are withheld (subpart(f)(2)), and states that § 6-326(b)(5) applies when privileged or protected documents are inadvertently produced (subpart (g)).

  [4] Although both rules give the recipient the option of producing copies of the documents instead of making the documents available for inspection and copying, they do so in different ways. Under § 6-334(A)(a)(2), the recipient has the option only if the subpoena gives the recipient the option. Under § 6-334, the recipient always has the option. See § 6-334(c)(2)(B). The reason for the difference is that a subpoena is a command from the court and a request is just that, a request. If the recipient of a subpoena has an option on how to comply, that option should be stated in the subpoena.

  [5] The rule originally provided that if any party objected to the issuance of a subpoena that gave the recipient the option of producing the documents, the subpoena could not be issued until the parties agreed on the method for producing the documents. The provision was deleted by the 2024 Amendments.

  [6] The 2024 Amendments reset most time periods of less 30 days in multiples of seven. The minimum time period for parties and subpoena recipients to serve objections is now 14 days rather than 10 days.

  [7] Both § 6-334 and § 6-334(A) provide that objections are waived if they are not timely made. There are differences, however, because the response time for a subpoena is shorter than the response time for a request. Section 6-334(A)(e)(1)(A) provides that objections to a subpoena must be made in writing within 14 days after the subpoena is served. The failure to make a timely objection waives the objection unless (1) the court finds that there was good cause for the failure or (2) the objection is based on a privilege or the work product protection. 

  [8] Unlike objections based on relevance or burden, objections based on privileges and the work product protection are usually document-specific objections that require an actual review of the individual documents. Subpoena recipients may not be able to complete their review of the documents and provide the information required by subpart (f)(2) within 14 days. 

  [9] The judge presiding over a case is in the best position to rule on discovery motions in the case. Therefore, the rule requires that motions related to the issuance and enforcement of a subpoena must be filed in the court in which the action is pending. Those include motions for a ruling on an objection to the issuance of a subpoena (subpart (b)(3)), motions to compel compliance with the subpoena (subpart (e)(1)(C)), and motions to quash or modify the subpoena (subpart (e)(2)). 

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; § 6-334(A) amended November 13, 2024, effective January 1, 2025.

  (a) Order for Examination. 

  (1) In General. The court where the action is pending may order a party whose mental or physical condition – including blood group – is in controversy to submit to a physical or mental examination by one or more suitably licensed or certified examiners. The court has the same authority to order a party to produce for examination a person who is in the party’s custody or under the party’s legal control.

  (2) Motion and Notice; Contents of the Order. The order: 

  (A) may be made only on motion for good cause and on notice to all parties; and 

  (B) must specify the time, place, manner, conditions, and scope of the examination, as well as the person or persons who will perform it.

  (b) Examiner’s Report.

  (1) Request by the Party or Person Examined. The party who moved for the examination must, on request, deliver to the requester a copy of the examiner’s report, together with like reports of all earlier examinations of the same condition. The request may be made by the party against whom the examination order was issued or by the person examined.

  (2) Contents. The examiner’s report must be in writing and must set out in detail the examiner’s findings, including diagnoses, conclusions, and the results of any tests.

  (3) Request by the Moving Party. After delivering the reports, the party who moved for the examination may request – and is entitled to receive – from the party against whom the examination order was issued like reports of all earlier or later examinations of the same condition. But those reports need not be delivered by the party with custody or control of the person examined if the party shows that it could not obtain them.

  (4) Failure to Deliver a Report. The court on motion may order – on just terms – that­ a party deliver the report of an examination. If the report is not provided, the court may exclude the examiner’s testimony at trial.

   (5) Scope. This subpart (b) applies also to an examination made by the parties’ agreement, unless the agreement states otherwise. This subpart does not preclude obtaining an examiner’s report or deposing an examiner under other rules.

COMMENTS TO § 6-335

  [1] The requirement that the examination be conducted by a suitably licensed or certified examiner mirrors the requirement in Rule 35 of the Federal Rules of Civil Procedure and gives the court the discretion to assess the examiner’s credentials to ensure that the examiner has the expertise necessary to perform the proposed examination.

  [2] The rule originally required that notice of a motion for an examination be given to all parties and to the person to be examined. The requirement of giving notice to the person to be examined was eliminated by the 2024 Amendments because it was unnecessary. The requirement of giving notice to all parties – including self-represented parties, parties represented by an attorney, and persons bringing claims as a representative (for example, a next friend) – ensures that the person to be examined will receive notice of the motion.

  [3] Subpart (b) requires a party that receives a copy of the examiner’s report to provide copies of any reports that the party may have on the same condition. Because those reports involve a condition that is an element of the party’s claim or defense, those reports are not covered by the physician-patient privilege. See Neb. Rev. Stat. § 27-504(4)(c).

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; § 6-335 amended November 13, 2024, effective January 1, 2025.

  (a) Scope and Procedure.

  (1) Scope. A party may serve on any other party a written request to admit, for purposes of the pending action only, the truth of any matters within the scope of Rule 26(b) relating to:

  (A) facts, the application of law to fact, or opinions about either; and

  (B) the genuineness of any described documents.

  (2) Form; Copy of a Document. Each matter must be separately stated. A request to admit the genuineness of a document must be accompanied by a copy of the document unless it is, or has been, otherwise furnished or made available for inspection and copying. 

  (3) When Served; Editable Format. Requests may be served on the plaintiff after commencement of the action and on any other party with or after service of the summons on that party. Upon demand, the party served with the requests must be given an electronic copy of the requests in a readily editable format. 

  (4) Time to Respond; Effect of Not Responding. A matter is admitted unless the party to whom the request is directed serves on the requesting party a written answer or objection addressed to the matter and signed by the party or its attorney:

  (A) within 30 days after being served with the request;

  (B) if the party is a defending party within 45 days after being served with the summons or 30 days after being served with the request, whichever is longer; or

  (C) the time stipulated to under Rule 29 or ordered by the court.

  (5) Answer. If a matter is not admitted, the answer must specifically deny it or state in detail why the answering party cannot truthfully admit or deny it. A denial must fairly respond to the substance of the matter; and when good faith requires that a party qualify an answer or deny only a part of the matter the answer must specify the part admitted and qualify or deny the rest. The answering party may assert lack of knowledge or information as a reason for failing to admit or deny only if the party states that it has made reasonable inquiry and that the information it knows or can readily obtain is insufficient to enable it to admit or deny.

  (6) The grounds for objecting to a request must be stated. A party must not object solely on the ground that the request presents a genuine issue for trial.

  (7) Form of Answer or Objection. The answering or objecting party must reproduce each request and then state the party’s answer or objection to the request.

  (8) Motion Regarding the Sufficiency of an Answer or Objection. The requesting party may move to determine the sufficiency of an answer or objection. Unless the court finds an objection justified, it must order that an answer be served. On finding that an answer does not comply with this rule, the court may order either that the matter is admitted or that an amended answer be served. The court may defer its final decision until a pretrial conference or a specified time before trial. Rule 37(a)(5) applies to an award of expenses.

  (b) Effect of Admission; Withdrawing or Amending It. A matter admitted under this rule is conclusively established unless the court, on motion, permits the admission to be withdrawn or amended. The court may permit withdrawal or amendment if it promotes the presentation of the merits of the action and if the court is not persuaded that it would prejudice the requesting party in maintaining or defending the action on the merits. An admission under this rule is not an admission for any other purpose and cannot be used against the party in any other proceeding.

COMMENTS TO § 6-336

  [1] Much of the rule is modeled on Federal Rule 36. There are minor differences, however, including when requests may be served and how the responding party must structure its responses.

  [2] Unlike the rules governing interrogatories and document production requests, § 6-336 does not require the responding party to state its objections with specificity. The specificity requirement is designed to help parties to resolve discovery disputes. Requests for admission, however, are a means of establishing facts rather than discovering them. Therefore, the rationale for the specificity requirement does not apply to them.

§ 6-336 amended November 13, 2024, effective January 1, 2025.

  (a) Motion for Order Compelling Disclosure or Discovery.

  (1) In General. On notice to other parties and all affected persons, a party may move for an order compelling disclosure or discovery. The motion must include a certification that the movant has in good faith conferred or attempted to confer with the person or party failing to make disclosure or discovery in an effort to obtain it without court action.

  (2) Appropriate Court. A motion for an order compelling disclosure or discovery must be made in the court in which the action is pending.

  (3) Specific Motions.

  (A) To Compel Disclosure. If a party fails to make a disclosure required by Rule 26(c), any other party may move to compel disclosure and for appropriate sanctions.

  (B) To Compel a Discovery Response. A party seeking discovery may move for an order compelling an answer, designation, production or inspection. The motion may be made if:

  (i) a deponent fails to answer a question asked under Rule 30 or Rule 31;

  (ii) a corporation or other entity fails to make a designation under Rule 30(b)(6) or 31(a)(5); 

  (iii) a party fails to answer an interrogatory submitted under Rule 33; or 

  (iv) a party fails to produce documents or fails to respond that inspection will be permitted – or fails to permit inspection – as requested under Rule 34.

  (C) Related to a Deposition. When taking an oral deposition, the party asking the question may complete or adjourn the examination before moving for an order.

  (4) Evasive or Incomplete Disclosure, Answer, or Response. For purposes of this subpart (a), an evasive or incomplete disclosure, answer, or response must be treated as a failure to disclose, answer, or respond.

  (5) Payment of Expenses; Protective Orders.

  (A) If the Motion is Granted (or Disclosure or Discovery is Provided After Filing). If the motion is granted – or if the disclosure or requested discovery is provided after the motion was filed – the court must, after giving an opportunity to be heard, require the party or deponent whose conduct necessitated the motion, the party or attorney advising that conduct, the attorney’s law firm or employer, or some or all of them to pay the movant’s reasonable expenses incurred in making the motion, including attorney fees. But, the court must not order this payment if:

  (i) the movant filed the motion before attempting in good faith to obtain the disclosure or discovery without court action;

  (ii) the opposing party’s nondisclosure, response, or objection was substantially justified; or

  (iii) other circumstances make an award of expenses unjust.

  (B) If the Motion is Denied. If the motion is denied, the court may issue any protective order authorized under Rule 26(d) and must, after giving an opportunity to be heard, require the movant, the attorney filing the motion, the attorney’s law firm or employer, or some or all of them to pay to the party or deponent who opposed the motion its reasonable expenses incurred in opposing the motion, including attorney fees. But the court must not order this payment if the motion was substantially justified or other circumstances make an award of expenses unjust.

  (C) If the Motion Is Granted in Part and Denied in Part. If the motion is granted in part and denied in part, the court may issue any protective order authorized under Rule 26(d) and may, after giving an opportunity to be heard, apportion the reasonable expenses for the motion.

  (b) Failure to Comply with a Court Order.

  (1) Sanctions. If a party or a party’s officer, director, or managing agent – or a witness designated under Rule 30(b)(6) or Rule 31(a)(5) – fails to obey an order to provide or permit discovery, including an order made under Rule 35 or Rule 37(a), the court in which the action is pending may issue further just orders. They may include the following:

  (A) directing that the matters embraced in the order or other designated facts be taken as established for the purposes of the action, as the prevailing party claims;

  (B) prohibiting the disobedient party from supporting or opposing designated claims or defenses, or from introducing designated matters in evidence;

  (C) striking pleadings in whole or in part;

  (D) staying further proceedings until the order is obeyed;

  (E) dismissing the action or proceeding in whole or in part;

  (F) rendering a default judgment against the disobedient party; or

  (G) treating as contempt of court the failure to obey any order except an order to submit to a physical or mental examination.

  (2) For Not Producing a Person for Examination. If a party fails to comply with an order under Rule 35(a) requiring it to produce another for examination, the court may issue any of the orders listed in Rule 37(b)(1)(A)-(F), unless the disobedient party shows that it cannot produce the other person.

  (3) Payment of Expenses. Instead of or in addition to the orders above, the court must order the disobedient party, the attorney advising that party, the attorney’s law firm or employer, or some or all of them to pay the reasonable expenses, including attorney fees, caused by the failure, unless the failure was substantially justified or other circumstances make an award of expenses unjust.

  (c) Failure to Admit.

  If a party fails to admit what is requested under Rule 36 and if the requesting party later proves a document to be genuine or the matter true, the requesting party may move, within 30 days of so proving, that the party who failed to admit be ordered to pay the reasonable expenses, including attorney fees, incurred in making that proof. The court must so order unless:

  (1) the request was held objectionable under Rule 36(a);

  (2) the admission sought was of no substantial importance;

  (3) the party failing to admit had a reasonable ground to believe that it might prevail on the matter;

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

  (d) Party’s Failure to Attend Its Own Deposition, Serve Answers to Interrogatories, Respond to a Request for Inspection, Disclose, or Supplement an Earlier Response.

  (1) In General.

  (A) Motion; Grounds for Sanctions. The court in which the action is pending may, on motion, order sanctions if:

  (i) a party or a party’s officer, director, or managing agent – or a person designated under Rule 30(b)(6) or Rule 31(a)(4) – fails, after being served with proper notice, to appear for that person’s deposition; or

  (ii) a party, after being properly served with interrogatories under Rule 33 or a request for inspection under Rule 34, fails to serve its answers, objections, or written response.

  (iii) a party fails to provide information or identify a witness as required by Rule 26(c) or (e).

  (B) Certification. A motion for sanctions under subpart (ii) for failing to answer or respond must include a certification that the movant has in good faith conferred or attempted to confer with the party failing to act in an effort to obtain the answer or response without court action.

  (2) Unacceptable Excuse for Failing to Act. A failure described in Rule 37(d)(1)(A) is not excused on the ground that the discovery sought was objectionable, unless the party failing to act has a pending motion for a protective order under Rule 26(d).

  (3) Types of Sanctions. Sanctions may include any of the orders listed in Rule 37(b)(1)(A)-(F). Instead of or in addition to these sanctions, the court must require the party failing to act, the attorney advising that party, the attorney’s law firm or employer, or some or all of them to pay the reasonable expenses, including attorney fees, caused by the failure, unless the failure was substantially justified or other circumstances make an award of expenses unjust.

  (e) Failure to Preserve Electronically Stored Information. If electronically stored information that should have been preserved in the anticipation or conduct of litigation is lost because a party failed to take reasonable steps to preserve it, and it cannot be restored or replaced through additional discovery, the court:

  (1) upon finding prejudice to another party from loss of the information, may order measures no greater than necessary to cure the prejudice; or

  (2) only upon finding that the party acted with the intent to deprive another party of the information’s use in the litigation may:

  (A) presume that the lost information was unfavorable to the party;

  (B) instruct the jury that it may or must presume the information was unfavorable to the party; or

  (C) dismiss the action or enter a default judgment.

COMMENTS TO § 6-337

   [1] Some discovery disputes can be resolved informally by the parties working together. To encourage parties to work together, subpart (a)(1) requires a party to attempt to resolve a discovery dispute informally before filing a motion to compel. Subpart (d)(1)(B) imposes the same requirement on a party seeking sanctions for the failure to appear at a deposition or to respond to discovery requests.

  [2] The judge presiding over a case is in the best position to rule on discovery motions. Therefore, all motions to compel – including those related to a deposition – must be filed in the court in which the action is pending.

  [3] The original version of the rule did not allow a court to impose sanctions on a party that provided the requested discovery after a motion to compel was filed but before the motion was heard. Subpart (a)(5)(B) now allows a court to do so. The possibility of sanctions may discourage parties from engaging in brinkmanship by refusing to provide the requested discovery until the requesting party incurs the expense of preparing and filing a motion to compel.

  [4] The original version of the rule did not expressly give courts the discretion to impose sanctions on an attorney’s law firm or legal employer. The 2024 Amendments added provisions in Subparts (a), (b), and (d) to give courts the discretion to do so. Giving courts that discretion is appropriate because law firms and legal employers have an obligation to ensure that their attorneys conduct themselves in a professional and ethical manner. Furthermore, it is sometimes difficult to identify which attorneys are responsible for the conduct at issue. The attorney who signed a motion or objection may not be the attorney who decided that the motion should be filed or that the objection should be made. The term “legal employer” was included to make it clear that the rule covers in-house and government attorneys.

  [5] Section 6-326(e) originally addressed when parties were required to supplement their discovery responses. The 2024 Amendments extended the requirement to cover expert witness disclosures. Sanctions for failing to supplement discovery responses and expert witness disclosures may now be imposed pursuant to subpart (d)(1)(A)(iii).

  [6] The original version of § 6-337 did not expressly identify the types of sanctions that could be imposed for breaching the duty to supplement. The Supreme Court filled the gap by holding that sanctions could be imposed pursuant to § 6-337(d). See Paulk v. Central Laboratory Associates, P.C., 262 Neb. 838, 848 (2001). Many of the reported cases on sanctions involved the failure to supplement discovery requests for information about expert witnesses and their testimony. As a result, there is a substantial body of case law that identifies the factors that courts should consider in deciding the appropriate sanction to impose for failing to provide information about expert witnesses and their testimony. That case law is relevant in determining the appropriate sanctions under subpart (d)(1)(A)(iii).

  [7] The 2024 Amendments added subpart (e), which addresses sanctions for failing to preserve electronically stored information. The wording of the subpart is identical to the wording of Rule 37(e) of the Federal Rules of Civil Procedure. Therefore, federal cases interpreting Rule 37(e) are relevant in resolving issues that may arise under § 6-337(e). For the same reason, the Advisory Committee Notes on Federal Rule 37(e) – which are detailed and extensive – are also relevant.

  [8] The rule specifies three requirements for imposing sanctions: (1) electronically stored information should have been preserved (2) but was lost because the party failed to take reasonable steps to preserve it, and (3) the information cannot be restored or replaced through additional discovery.

  [9] The rule does not require parties to preserve every piece of electronically stored information. It instead requires parties to preserve electronically stored information that is relevant to anticipated or ongoing litigation. Litigation is anticipated when a reasonable person in the same circumstances would reasonably foresee litigation. Examples of events that may trigger the duty to preserve include, among others, sending or receiving a demand or a preservation letter or making or receiving threats of litigation.

  [10] Whether a party took reasonable steps to preserve the information is a function of the circumstances, which include the party’s sophistication and resources. The party’s attorney (if the party is represented by an attorney) should educate the party about its preservation obligations. The attorney may also help the party comply with those obligations by issuing written instructions (often called “litigation holds”) and overseeing the party’s preservation efforts.

  [11] Sanctions should not be imposed if the lost information can be restored or replaced through additional discovery. The question of whether the information can be restored or replaced turns on whether the same electronic information can be obtained from a different source, not on whether substitute information can be obtained through a different method of discovery such as a deposition.

  [12] If the requirements for sanctions are met and the other party was prejudiced by the failure to preserve the information, the court may impose sanctions pursuant to subpart (e)(1). Those sanctions must be no greater than necessary to cure the prejudice. For example, if the party failed to preserve electronic records that were relevant to a particular issue, an appropriate sanction might be to preclude the party from offering evidence about that issue or to preclude the party from testifying about the contents of those records.

  [13] Prejudice is presumed if the party acted with the intent to deprive the other party of the information. If the party acted with the requisite intent, the court may impose sanctions pursuant to subpart (e)(2). Circumstantial evidence is often important because direct evidence of intent is often absent. In determining the appropriate sanction to impose, the court may consider all the circumstances, including the importance of the information lost and the level of the party’s culpability.

Rule 37(c) amended July 23, 1997. Renumbered and codified as § 6-337, effective July 18, 2008; § 6-337 amended November 13, 2024, effective January 1, 2025.

  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 the effective date of these rules.

  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) 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) 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) 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, 2025, 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; § 6-601(B) amended May 15, 2024.

   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 by the Nebraska Judicial Branch.

Scope and Effective Date amended September 17, 2003. Renumbered and codified as § 6-701, effective July 18, 2008; § 6-701 amended June 12, 2024.

   The State Court Administrator will publish and maintain a statewide register of interpreters who as determined by the Administrator are available to interpret for the Nebraska Judicial Branch in accordance with Nebraska Supreme Court rules and policies, which will consist of the following:

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

   (B) Provisionally Certified Interpreters. Interpreters who have satisfied all requirements pursuant to § 6-706 until such time an oral examination is developed.

   (C) Registered Interpreters. Interpreters who have satisfied all requirements  pursuant to § 6-707.

   (D) Non-Certified Interpreters. Interpreters who have not satisfied the requirements of §§ 6-705, 6-706, or 6-707.

   (E) Certified Deaf Interpreters and Certified Sign Language Interpreters. Certified Deaf Interpreters and certified Sign Language interpreters who have satisfied the requirements of § 6-708.

   (F) Deaf Interpreters and Non-Certified Sign Language Interpreters. Deaf Interpreters and non-certified Sign Language interpreters who have not satisfied the requirements of § 6-708, but who are licensed, as required by Neb. Rev. Stat. § 20-150 et seq. and possess a Nebraska Specialist Intermediary License or a Quality Assessment Screening Test – Accomplished Level (QAST V) awarded by the State of Nebraska.

[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; § 6-702 amended June 12, 2024.

   (A) Whenever an interpreter is required to be appointed by the Nebraska Judicial Branch, the State Court Administrator’s Office shall strive to appoint interpreters based on a determination of an interpreter’s reasonable availability and the purpose for which the interpreter is needed to ensure the most qualified and certified interpreter is being appointed.

   (B) Court proceedings for parties who appear with their own interpreter may be continued pending the court’s determination of language needs of the individual; the qualifications of the interpreter, which includes whether the interpreter meets the standards adopted by the Nebraska Judicial Branch; and the availability of a certified, provisionally certified, or registered interpreter. Provided, however,

   (1) In court proceedings in which a Spanish interpreter is utilized, only a certified or registered interpreter shall be allowed. 

   (2) In court proceedings in which an interpreter is utilized to interpret for a Deaf or hard of hearing person, only an interpreter qualified pursurant to Neb. Rev. Stat. § 25-2407 and Neb. Rev. Stat. § 20-150 et seq. shall be allowed.

   (C) Number of Interpreters. For any single court proceeding or probation service scheduled for 2 or more hours, two foreign language interpreters shall be appointed. For any single court proceeding or probation service scheduled for more than 1 hour, two Sign Language interpreters shall be appointed. For any single court proceeding or probation service lasting more than 2 hours, if two foreign or Sign Language interpreters are not reasonably available, the interpreter must be given a minimum of a 10-minute break every 30 minutes.

   (D) 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.

   (E) All interpreters shall be at least 19 years of age, shall take the Interpreter Oath, and shall verify in writing that they have read and understand the Code of Professional Responsibility for Interpreters prior to interpreting for the Nebraska Judicial Branch.

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

   See Appendix 1 for Code of Professional Responsibility for Interpreters 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; § 6-703 amended June 12, 2024.

   An individual who wants to become a certified, provisionally certified, or registered interpreter as defined in these rules, in a particular foreign language, must do the following to protect the integrity of the Nebraska Judicial Branch and the safety of the public, and to ensure an interpreter's record of conduct justifies the trust of the courts, probation, witnesses, jurors, attorneys, parties, and the public.

   (A) Apply to attend the Nebraska Judicial Branch Interpreter Orientation. Upon application for Interpreter Orientation on a form approved by the State Court Administrator, the Director of Language Access or designated Nebraska Judicial Branch staff will evaluate the application and determine if the applicant meets the initial qualification requirements of §§ 6-705, 6-706, or 6-707.

   (B) Attend Nebraska Judicial Branch Interpreter Orientation. Orientation for interpreters will include an introduction to the courts and probation, the ethics of a court interpreter, vocabulary, the skills needed to assume the responsibilities of an interpreter, and the requirements to be certified, provisionally certified, and registered as outlined in  §§ 6-705, 6-706, or 6-707. The State Court Administrator may waive this requirement for any interpreter who has previously attended a Nebraska Judicial Branch or other state or federal court interpreter orientation within the last 3 calendar years.

   (C) Apply for the Interpreter Written Examination. Only after attending the Nebraska Judicial Branch Interpreter Orientation or the State Court Administrator waiving the requirement to attend the orientation may the applicant submit an application to take the written examination and execute a criminal history record check release on forms approved by the State Court Administrator. The Director of Language Access or designated Nebraska Judicial Branch staff 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 statewide register of 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 statewide register of interpreters. 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 participation within the certification program, or removal from the statewide register of interpreters.

   (D) Written Examination. The written examination to qualify to take the oral examination of § 6-705(F) or to be considered for provisional certification pursuant to § 6-706(F), shall require no fee for an initial or second attempt for residents of Nebraska. If subsequent attempts are undertaken, 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(F) or to 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 designated by the Nebraska Judicial Branch. The State Court Administrator shall waive this requirement for any interpreter who has previously taken the oral examination of § 6-704(F). 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. Results of the written examination will be electronically sent to the applicant.

   (E) Applying for the Interpreter Oral Examination. Only after passing the written examination may the applicant submit an application to take the oral examination and execute a criminal history record check release on forms approved by the State Court Administrator. The Director of Language Access or designated Nebraska Judicial Branch staff 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 statewide register of 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 statewide register of interpreters. 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 or removal from the statewide register of interpreters. 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 participation within the certification program or removal from the statewide register of interpreters.

   (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 designated by the Nebraska Judicial Branch. Results of the oral certification examinations will be electronically sent to the applicant.

   (G) Revocation or suspension as an interpreter in any other jurisdiction will preclude certification as a Nebraska Judicial Branch interpreter.

   (H) Confidentiality. All information relating to the examination is treated as confidential by the Nebraska Judicial Branch and test administrators except that aggregate 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; § 6-704 amended June 12, 2024.

   A certified foreign language interpreter must be able to interpret simultaneously and consecutively and provide sight translation from English into the target language and from the target  language into English. An interpreter will be eligible for certification upon establishing to the satisfaction of the State Court Administrator 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 certified interpreter status;

   (C) Completed the Nebraska Judicial Branch or other state or federal court interpreter orientation that satisfy the requirements of § 6-704(B);

   (D) Achieved a qualifying score of 80 percent or higher on a National Center for State Courts written examination administered by the Nebraska Judicial Branch or any 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 National Center for State Courts oral examination administered or approved by the Nebraska Judicial Branch as described in § 6-704(F). 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 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 interpreter.

   (G) To maintain certified status, interpreters must comply with continuing education requirements as outlined in § 6-710. Failure to complete continuing education requirements shall be grounds for removal of the interpreter's name from the statewide register of 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; § 6-705 amended June 12, 2024.

      A provisionally certified foreign language interpreter must be able to interpret simultaneously and consecutively and provide sight translation from English into the target language and from the target language into English.   

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

   (A) Reached the age of 19;

   (B) Filed with the State Court Administrator a resume, a completed questionnaire regarding their experience, education, work history, and permission for the State Court Administrator to execute a criminal records check;

   (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 provisionally certified status;

   (D) Completed the Nebraska Judicial Branch or other state, federal, or member of the National Center for State Courts Language Access Services Section court interpreter orientation that satisfy the requirements of § 6-704(B);

   (E) Achieved a qualifying score of 80 percent or higher on a National Center for State Courts written examination administered by the Nebraska Judicial Branch or any member of the National Center for State Courts Language Access Services Section; and

   (F) 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 Test of English as a Foreign Language (TOEFL) paper-based language test; a score of 97 in the TOEFL PC-based language test; or a score of 32 in the TOEFL 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 documents 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 foreign 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 foreign language as the language of instruction; or

   (b) A minimum of 2 years of other professional experience in a country where the foreign 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 a 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 determine whether an applicant's degree, coursework, teaching experience, and/or professional work experience meet the requirements of this rule and may determine if an applicant meets the requirements of this rule if an applicant passes an equivalent test or obtains a certification that demonstrates proof of oral proficiency in both English and the foreign language.

   (7) Upon the applicant's meeting the above requirements, the individual will be assigned to a mentor program developed and approved by the Nebraska Judicial Branch. 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. To maintain provisionally certified status, court interpreters must comply with continuing education requirements as outlined in § 6-710. Failure to complete recognized continuing education shall be grounds for removal of the interpreter's name from the statewide register of interpreters.

   (H) Provisional certification shall be recognized by the Nebraska Judicial Branch 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 interpreter status will be adjusted based on their National Center for State Courts oral examination results.

§ 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; § 6-706 amended June 12, 2024.

   (A) A registered foreign language interpreter must be able to interpret simultaneously and consecutively and provide sight translation from English into the target language and from the target language into English.

   (B) An interpreter will be qualify as a registered interpreter upon establishing to the satisfaction of the State Court Administrtor 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 other than by acquittal or dismissal (e.g., pretrial diversion) shall be the basis for denial of registered interpreter status. 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 registered interpreter status;

   (3) Completed the Nebraska Judicial Branch or other state, federal, or member of the National Center for State Courts Language Access Services Section court interpreter orientation that satisfy the requirements of § 6-704(B);

   (4) Achieved a qualifying score of 80 percent or higher on a National Center for State Courts written examination administered by the Nebraska Judicial Branch or a member of the National Center for State Courts Language Access Services Section; and

   (5) Achieved a qualifying score of 50 percent or higher on each segment of the National Center for State Courts oral examination administered or approved by the Nebraska Judicial Branch as described in § 6-704(F). Registered interpreters in languages for which the oral examination is not available will be included on the statewide register of interpreters only upon providing to the Nebraska Judicial Branch some other measure of language competence (e.g., a passing score on an oral proficiency exam) acceptable by the Nebraska Judicial Branch.

   (C) To maintain registered status, interpreters must comply with continuing education requirements as outlined in § 6-710. Failure to complete recognized continuing education shall be grounds for removal of the interpreter's name from the statewide register of 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; § 6-707 amended June 12, 2024.

   (A) An interpreter will qualify as a Certified Deaf Interpreter or certified Sign Language interpreter upon establishing to the satisfaction of the State Court Administrator that the individual has:

  (1) A license as required by Neb. Rev. Stat. § 20-150 et seq. and possesses one or more of the certifications awarded by the Registry of Interpreters for the Deaf (RID), Certified Deaf Interpreter Certification (CDI), Conditional Legal Interpreting Permit-Relay (CLIP-R), Specialist Certificate Legal (SC:L), National Interpreter Certification – Master (NIC Master), National Interpreter Certification – Advanced (NIC Advanced), National Interpreter Certification (NIC), Certificate of Interpretation (CI), Certificate of Transliteration (CT), Comprehensive Skills Certificate (CSC), or National Association of the Deaf – V (NAD-V); and

  (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 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 certified interpreter status. 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 or removal from the statewide register of interpreters. 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 participation within the certified program or removal from the statewide register of interpreters;

  (3) To maintain certified status, a Certified Deaf Interpreter or certified Sign Language interpreter must comply with continuing education requirements as outlined in § 6-710. Failure to complete continuing education requirements shall be grounds for removal of the interpreter’s name from the statewide register of interpreters.

§ 6-708 adopted June 12, 2024.

   The opportunity to provide interpreter services to the Nebraska Judicial Branch under the direction of the State Court Administrator is at the Administrator’s complete and continuing discretion because of the critical reliance the Nebraska Judicial Branch must have on the skills, performance, and integrity of the interpreter in performing duties for the Nebraska Judicial Branch. This discretion applies to any interpreter who is certified, provisionally certified, registered, or non-certified with the Nebraska Judicial Branch. An interpreter is one whose record of conduct justifies the trust of the courts, probation, witnesses, jurors, attorneys, parties, and the public. In order to protect the integrity of the Nebraska Judicial Branch 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, provisionally certified, registered, or non-certified interpreter:

   (1) Unprofessional or unethical conduct that violates the Code of Professional Responsibility for Interpreters (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.

   (3) Incompetence as an interpreter.

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

   (5) Failure to report in writing to the Director of Language Access or designated Nebraska Judicial Branch staff within 5 business days any revocation or suspension of certification as an interpreter in any other jurisdiction.

   (B) Complaint Received. Upon receipt by the Nebraska Judicial Branch of a complaint in writing against a certified, provisionally certified, registered, or non-certified interpreter, or upon the initiation by the Nebraska Judicial Branch itself of a complaint, it shall be evaluated and considered by the Director of Language Access or designated Nebraska Judicial Branch staff.

  (C) Evaluation and Consideration of the Complaint. Upon receipt and initial evaluation of any such complaint, the Director of Language Access or designated Nebraska Judicial Branch staff shall receive such information and/or documentation as they see fit. Within 10 business days after receiving the complaint, the Director of Language Access or designated Nebraska Judicial Branch staff shall report in writing to the State Court Administrator their findings and recommendations for the following formal actions to be considered and imposed by the State Court Administrator:

  (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 certified, provisionally certified, registered, or non-certified interpreter status and remain on the statewide register of interpreters 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 status shall be sent by certified mail to the interpreter, and that interpreter shall have 15 business days from the date the written notice is received to file a response to the State Court Administrator; or

  (3) Immediately suspend the interpreter’s certified, provisionally certified, registered, or non-certified interpreter status and remove them from the statewide register of interpreters 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 status and removal from the statewide interpreter register shall be sent by certified mail to the interpreter, and that interpreter shall have 15 business days to file from the date the written notice is received to file a response to the State Court Administrator.

  (D) Investigation and Notification of Grounds for Imposition of Sanctions. The Director of Language Access or designated Nebraska Judicial Branch staff shall receive such information and/or documentation as they see fit. The rules of evidence do not apply to the investigation. After investigation of the information provided and the interpreter’s response, the Director of Language Access or designated Nebraska Judicial Branch staff shall within 60 business days recommend in writing to the State Court Administrator any § 6-708(E) sanctions determined to be appropriate.

   (E) 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 or designated Nebraska Judicial Branch staff, 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 for the Nebraska Judicial Branch 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 for the Nebraska Judicial Branch.

   The State Court Administrator shall provide the interpreter with written notice of the sanctions sent by certified mail to the interpreter.

   (F) Complaints made against a Sign Language interpreter, Certified Deaf Interpreter, or Deaf 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.

   (G) Suspended or revoked interpreters shall be removed from the statewide register of interpreters. No interpreter who has been suspended or revoked shall be utilized as an interpreter by the Nebraska Judicial Branch, nor shall such interpreter be entitled to any compensation from the Nebraska Judicial Branch, during his or her suspension or revocation.

§ 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; § 6-708 renumbered to § 6-709 and amended June 12, 2024.

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

   As of July 1, 2012, these requirements apply to all interpreters who are certified, provisionally certified, or registered interpreters in the State of Nebraska who wish to interpret for the Nebraska Judicial Branch. Meeting these requirements is a condition to remain a certified, provisionally certified, or registered interpreter and to remain on the statewide register of interpreters.

   (A) Continuing Education Requirement refers to educational activities in which the interpreter engages after qualifying as a certified, provisionally certified, or registered foreign language interpreter, or a certified or non-certified Sign Language or Deaf interpreter.

   Every certified, provisionally certified, and registered foreign language interpreter shall complete and report five (5) credit hours of approved continuing education offered or accredited by the Nebraska Judicial Branch every year. At least two (2) continuing education hours must be earned in professional responsibility. The one-year reporting period commences as set forth below at § 6-710(C).

  Every certified Sign Language and Certified Deaf Interpreter must complete and report the Registry of Interpreters for the Deaf (RID) required 20 contact hours with the minimum of 15 hours in Professional Studies every year. Participants must work with a RID-Approved Sponsor to earn continuing education credits.

  Every non-certified Sign Language and Deaf Interpreter must complete and report the Nebraska Commission for the Deaf and Hard of Hearing required 12 clock hours with a minimum of 9 hours in Professional Studies and 1.5 hours in interpreter ethics every year.

   (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.

   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 Nebraska Judicial Branch, 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, and registered foreign language interpreter and each certified and non-certified Sign Language or Deaf Interpreter is required to submit a completed Annual Interpreter Continuing Education Compliance Form (Appendix 2) every year. The year begins on January 1 following the date an interpreter becomes certified, provisionally certified, or registered. The Nebraska Judicial Branch will make available, by the interpreter's request or online, the approved compliance form to be submitted. The approved compliance form shall be filed no later than February 1 of each year.

   (D) Noncompliance. Noncompliance with the continuing education requirement shall result in the interpreter's name being removed from the statewide register of interpreters and they shall not be given interpreting assignments with the Nebraska Judicial Branch 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; § 6-709 renumbered to § 6-710 and amended June 12, 2024.

   The opportunity to provide interpreter services to the Nebraska Judicial Branch under the direction of the State Court Administrator is at the Administrator’s complete and continuing discretion because of the critical reliance the Nebraska Judicial Branch must have on the skills, performance, and integrity of the interpreter in performing duties for the Nebraska Judicial Branch. This discretion applies to any interpreter who is on the statewide register of interpreters or may be appointed to interpret for the Nebraska Judicial Branch. An interpreter should be one whose record of conduct justifies the trust of the courts, probation, 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 Judicial Branch interpreter must report in writing to the Director of Language Access or designated Nebraska Judicial Branch staff any misdemeanor or felony citation, charge or conviction, or motion to revoke probation incurred during the course of the certification process within 5 business days.

   (B) All certified, provisionally certified, registered, or non-certified interpreters on the statewide register of interpreters shall report in writing to the Director of Language Access or designated Nebraska Judicial Branch staff any misdemeanor or felony citation, charge or conviction, or motion to revoke probation within 5 business days.

   (C) Any certified, provisionally certified, registered, or non-certified interpreter on the statewide register of interpreters who fails to report in writing to the Director of Language Access or designated Nebraska Judicial Branch staff any misdemeanor or felony citation, charge or conviction, or motion to revoke probation within 5 business days may be subject to imposition of sanctions pursuant to § 6-709.

   (D) All certified, provisionally certified, registered, or non-certified interpreters on the statewide register of interpreters shall report in writing to the Director of Language Access or designated Nebraska Judicial Branch staff any:

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

   (2) Acts that indicate abuse of or disrespect for the judicial process, including significant deficiency in honesty, trustworthiness, diligence, or reliability.

   (E) Any certified, provisionally certified, registered, or non-certified interpreter on the statewide register of interpreters who fails to report in writing to the Director of Language Access or designated Nebraska Judicial Branch staff any revocation or suspension of certification in any other jurisdiction or acts that indicate abuse of or disrespect of the judicial process within 30 business days may be subject to imposition of sanctions pursuant to § 6-709.

§ 6-710 adopted December 12, 2018; § 6-710 amended April 14, 2021; § 6-710 renumbered to § 6-711 and amended June 12, 2024.

   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.)

  (a) Scope. These Rules govern pleading in civil actions filed on or after January 1, 2003. They apply to the extent that they are not inconsistent with any applicable statutes.

  (b) Purpose. These Rules should be construed, administered, and employed by the court and the parties to secure the just, speedy, and determination of every action without undue cost.

  (c) Amendments. The Nebraska Court Rules of Pleading in Civil Cases apply to cases filed on or after January 1, 2025, and to cases pending on that date. But the trial court may order that the previous version of the Pleading Rules apply, either in whole or in part, to a case pending on January 1, 2025, if the court determines, in the exercise of its discretion, that application of the amended rule or rules to the case would be impracticable, unreasonable, or unjust.

COMMENTS TO § 6-1101

  [1] The rule addresses the scope of the Nebraska Court Rules of Pleading in Civil Cases and how the rules should be construed. Subpart (a) provides that the pleading rules apply to the extent that they are not inconsistent with any applicable statutes. The purpose of the provision is to make it clear that if the statutes governing a particular action contain requirements that are different than or in addition to the requirements imposed by the pleading rules, the statutes supersede the rules and must be followed.

  [2] For example, the statutes governing partition specify that the complaint must contain a description of the property as well as the interests and estates of the owners. The answer must contain, among other things, a statement of the amount and nature of each defendant’s interests in the property. See Neb. Rev. Stat. §§ 25-2170 and 25-2174. Those statutes supersede the pleading rules and must be followed.

  [3] Forcible entry and detainer actions provide another example. The statutes governing forcible entry and detainer actions specify the contents of the complaint and do not require an answer to the claim for possession. See Neb. Rev. Stat. §§ 25-21,222 and 25-21,223 (2016). Again, those statutes supersede the pleading rules and must be followed.

  [4] The original version of § 6-1101 contained a specific provision on forcible entry and detainer actions. The provision stated that the rules apply only to the extent that they are not in conflict with the statutes that govern forcible entry and detainer actions. The provision was deleted in 2024 because it was unnecessary in light of the general provision in subpart (a).

  [5] Subpart (b) is modeled on Rule 1(b) of the Federal Rules of Civil Procedure and includes the precatory language that was added to Federal Rule 1(b) in 2015 regarding how parties should construe and employ the rules. The purpose of the language is:

to emphasize that just as the court should construe and administer these rules to secure the just, speedy, and inexpensive determination of every action, so the parties share the responsibility to employ the rules in the same way. Most lawyers and parties cooperate to achieve these ends. But discussions of ways to improve the administration of civil justice regularly include pleas to discourage over-use, misuse, and abuse of procedural tools that increase cost and result in delay. Effective advocacy is consistent with — and indeed depends upon — cooperative and proportional use of procedure.

This amendment does not create a new or independent source of sanctions. Neither does it abridge the scope of any other of these rules.

Fed. R. Civ. P. 1, Advisory Committee Notes to the 2015 Amendment.

  [6] The 2024 Amendments changed the “inexpensive determination of every action” to the “determination of every action without undue cost.” The change was made because litigation can be expensive even when the rules are properly employed. The goal is not to avoid cost in and of itself. The goal is instead to avoid undue cost.

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; § 6-1101 amended November 13, 2024, effective January 1, 2025.

COMMENT TO § 6-1102

    Rule 2 of the Federal Rules of Civil Procedure specifies that there is only one form of action: a civil action. In Nebraska, the specification is made by statute. See Neb. Rev. Stat. § 25-101 (abolishing the distinction between actions at law and suits in equity and replacing them with the civil action). Section 6-1102 was included in the Nebraska Court Rules of Pleading in Civil Cases without any text so that the numbering of the rules corresponds to the numbering of the Federal Rules of Civil Procedure.

§ 6-1102 amended November 13, 2024, effective January 1, 2025.

COMMENT TO § 6-1103

  Rule 3 of the Federal Rules of Civil Procedure specifies when an action is deemed commenced for purposes of the federal rules. In Nebraska, commencement of an action is governed by statute. See Neb. Rev. Stat. § 25-217(1) (specifying when an action is commenced); Neb. Rev. Stat. § 25-501(specifying how an action is commenced). Section 6-1103 was included in the Nebraska Court Rules of Pleading in Civil Cases without any text so that the numbering of the rules corresponds to the numbering of the Federal Rules of Civil Procedure.

§ 6-1103 amended November 13, 2024, effective January 1, 2025.

COMMENT TO § 6-1104

  Rule 4 of the Federal Rules of Civil Procedure governs service of process. In Nebraska, service of process is governed by statute. The service statutes are in Chapter 25, Article 5, of the Nebraska Revised Statutes. Section 6-1104 was included in the Nebraska Court Rules of Pleading in Civil Cases without any text so that the numbering of the rules corresponds to the numbering of the Federal Rules of Civil Procedure.

§ 6-1104 amended November 13, 2024, effective January 1, 2025.

  (a) Service: When Required.

  (1) In general. Unless the applicable statutes or these rules provides otherwise, each of the following documents must be served on every party:

  (A) a pleading filed after the original complaint unless the court orders otherwise under § 6-1105(c) because there are numerous defendants;

  (B) an order stating that service is required;

  (C) a discovery document  required to be served on a party, unless the court orders otherwise;

  (D) a written motion, except one that may be heard ex parte; and

  (E) a written notice, appearance, demand, offer of judgment, designation of record on appeal, and any similar document.

  (2) If a Party Fails to Appear. No service is required on a party who is in default for failing to appear, unless:

  (A) the document is a motion for the entry of a default judgment against the party or a notice of hearing on such a motion; or

  (B) the document is a pleading that asserts a new claim for relief against the party, in which event the pleading must be served in the manner provided for service of a summons.

  (b) Service: How Made.

  (1) Serving Parties Represented by an Attorney. If a party is represented by an attorney, service must be made on the attorney unless the court orders service on the party.

  (2) Serving Documents Filed Electronically. Section 2-205(A) governs when a document must be served on a person electronically through the court-authorized service provider.

  (3) Serving Documents Not Filed Electronically. If a document is not required to be served on a person electronically through the court-authorized service provider, the document may be served by:

  (A) handing it to the person;

  (B) leaving it:

  (i) at the person’s office with a clerk or other person in charge or if no one is in charge, in a conspicuous place in the office; or

  (ii) if the person has no office or the office is closed, leaving it at the person's usual place of residence with someone of suitable age and discretion who resides there;

  (C) mailing it to the address stated pursuant to § 6-1111(a)(3) or the person’s last-known address, in which event service is complete upon mailing;

  (D) sending it to the person by email if the person has stated an email address pursuant to § 6-1111(a)(3) in which event service is complete upon sending the document, but is not effective if the sender learns that it did not reach the person;

  (E) sending it to the person by a designated delivery service as defined in Neb. Rev. Stat. § 25-505.01(1)(d), in which event service is complete on the delivery date shown on the signed delivery receipt; or

  (F) delivering it by any other means that the person consented to in writing or that the court authorized, or if authorized by statute, leaving it with the court clerk.

  (c) Serving Numerous Defendants.

  (1) In General. If an action involves an unusually large number of defendants, the court may, on motion or on its own, order:

  (A) pleadings filed by defendants and replies to those pleadings need not be served on the other defendants;

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

  (C) filing a pleading and serving it on the plaintiff constitutes notice of the pleading to all parties.

  (2) Notifying Parties. A copy of the court’s order must be served on the parties as the court directs.

  (d) Who Must or May File Electronically; When Documents Not Filed Electronically Must be Filed; Filing Discovery Documents; Certificates of Service.

  (1) Electronic Filing. A person represented by an attorney must file documents electronically through the court-authorized service provider unless non-electronic filing is allowed by another court rule. A non-attorney may file documents electronically through the court-authorized service provider only if allowed by § 2-203(C).

  (2) Time for Filing Other Documents; Exception for Discovery Documents. All documents after the complaint that are not filed electronically through the court-authorized service provider but that are required to be served on a party must be filed within a reasonable time after service. But discovery documents, including disclosures, deposition notices, depositions, interrogatories, requests for documents or tangible things or to permit entry onto land, requests for admissions, certificates of service for such discovery documents, deposition and discovery subpoenas, and returns of service for such subpoenas must not be filed unless they are relevant to a motion or the court orders them to be filed.

  (3) Certificates of Service.

  (A) Documents Served Electronically. Section 2-205 governs certificates of service for documents that are served electronically through the court-authorized service provider.

  (B) Documents Served by Other Means. With the exception of discovery documents, if a document that must be served on a party is not served electronically through the court-authorized service provider, the attorney or party causing the document to be served must file a certificate of service no later than a reasonable time after service. The certificate of service must state when and how service was made on the party.

COMMENTS TO § 6-1105

  [1] The rule was amended in 2021 to incorporate the Electronic Filing, Service, and Notice System Rules. The rule was amended again in 2024. Some of the amendments made organizational and stylistic changes to make the rule easier to read. Other amendments made substantive changes, which are discussed below.

  [2] The original version of subpart (a) provided that, except for pleadings that asserted new or additional claims for relief, documents did not need to be served on a party that was in default for failing to appear. The Supreme Court stated that the rule established that “a party in default for failure to appear is not entitled to notice when the plaintiff moves for default judgment.” Cruz-Morales v. Swift Beef Co., 275 Neb. 407, 414 (2008). Nevertheless, almost half of the district courts had local rules that could be read as requiring notice. The Supreme Court subsequently indicated that those local rules superseded the provisions of subpart (a). See Fitzgerald v. Fitzgerald, 286 Neb. 96 (2013).

  [3] Having local rules that conflict with a statewide rule can cause confusion. To eliminate the potential for confusion, subpart (a) was amended in 2024 to require that motions for a default judgment and notices of hearing for such motions must be served on defaulting parties. The requirement of giving notice to a defaulting party is consistent with the general policy of deciding cases on the merits because it may encourage the defaulting party to seek leave to file a responsive pleading and defend the case on the merits.

  [4] Subpart (a) originally contained a service provision for actions begun by seizing property. The provision was deleted in 2024 because it did not serve any purpose. The provision was based on Rule 5(a)(3) of the Federal Rules of Civil Procedure, a rule that is primarily aimed at admiralty actions in rem. Those actions cannot be filed in state court, however. Although civil forfeiture actions can be filed in state court, the Nebraska forfeiture statutes specify who must be served and how. 

  [5] Subpart (b)(3) specifies the methods for serving documents that are not filed electronically. One of those methods is service by mail. The provision originally authorized service by first-class mail. The 2024 Amendments deleted “first-class” because the Postal Service now offers a wider range of services, including Priority Mail. The deletion of “first-class” also means that a party now has the option of serving a document by certified mail if it so chooses.

  [6] The 2024 Amendments also added two additional methods of service. The first additional method is in subpart 5(b)(3)(E), which provides that a party may serve a document by using a designated delivery service such as Federal Express or UPS. The subpart builds on the statutory provisions that allow the use of a designated delivery service to serve a summons. See Neb. Rev. Stat. § 25-505.01(1)(d).

  [7] The second additional method is in subpart (b)(3)(F), which provides that a party may serve a document “by any manner . . . that the court authorized . . . .” The method is designed for unusual situations. For example, if the party’s cell phone number is known but the party’s email address and whereabouts are not, the court might authorize service by text messaging.

  [8] Prior to 2024, the Court Rules of Pleading in Civil Cases and the Court Rules of Discovery in Civil Cases both contained provisions on filing and serving documents. The 2024 Amendments consolidated those provisions in § 6-1105.

  [9] Section 6-1105(d)(2) provides that discovery documents must not be filed unless they are relevant to a motion or the court orders them to be filed. Although most discovery documents will not fall within the filing exceptions, some will. For example, discovery requests and responses may be filed when they are relevant to a motion to compel or a motion for a protective order. Discovery documents that are relevant to a motion for summary judgment, however, should not be filed. Parties should follow the procedures set out in § 6-1526 and offer the documents as evidence at the hearing.

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; § 6-1105 amended November 13, 2024, effective January 1, 2025.

  (a) Governing Rules and Statutes. Neb. Rev. Stat. § 25-2221 governs the computation of time periods. Section 2-206 governs when documents received by the court-authorized service provider are deemed filed and served.

  (b) Extending Time.

  (1) In General. When under these rules an act may or must be done within a specified time, the court may, for good cause, extend the time: 

  (A) with or without motion or notice if the court acts, or if a request is made, before the original time or its extension expires; or

  (B) on motion made after the time has expired if the party failed to act because of excusable neglect. 

  (2) Exceptions. If the time to act is specified by statute, the court must not extend the time except to the extent and under the conditions stated by statute.

  (c) Additional Time After Service by Mail.  When a party may or must act within a specified time after being served and service is made under § 6-1105(b)(3)(C), 3 days are added after the period would otherwise expire.

COMMENTS TO § 6-1106

  [1] Subpart (b) governs extensions of time. The court may extend the time for a party to act if the time is not set by statute. The original version of subpart (b) provided that the court could extend the time for “cause shown” under certain circumstances. The 2024 Amendments changed that to “good cause.” The change was stylistic.

  [2] The original version of the rule provided that 3 days were added to the applicable time period when a document was served by mail. It was unclear whether the 3 days were added to the time period itself or at the end of the time period as computed by § 25-2221. In 2024, the provision – which now appears in subpart (c) – was reworded to clarify that the 3 days are added after the period would otherwise expire.

  [3] For example, answers to interrogatories are normally due 30 days after service. See Neb. Ct. R. Disc. § 6-333(b)(2). If the 30th day is a Saturday, the period would expire on Monday because § 25-2221 specifies that if the last day of the period falls on a weekend or holiday, the period expires at the end of the next day on which the courts are open. Adding 3 days after the period would otherwise expire (Monday) extends the period to Thursday.

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; § 6-1106 amended November 13, 2024, effective January 1, 2025.

  (a) Pleadings. Only the following pleadings are allowed:

  (1) a complaint

  (2) an answer to a complaint;

  (3) a counterclaim or cross-claim, which must be stated in an answer rather than in a separate pleading;

  (4) an answer to a counterclaim designated as a counterclaim; 

  (5) an answer to a cross-claim; 

  (6) a third-party complaint;

  (7) an answer to a third-party complaint; and

  (8) if the court orders one, a reply to an answer.

  (b) Motions. 

  (1) Contents. A motion made in writing must have a caption with the court’s name, the title of the action, the file number if one has been assigned, and the title of the motion. After naming the first party on each side, the title of the action may refer generally to other parties.

  (2) Form. Motions filed with the court must be in the standard form specified in § 2-103(A).

  (3) Effect of Statutes. A motion for an order authorized by statute must comply with the requirements of the authorizing statute. If a notice of motion is required, the notice must comply with the requirements of Neb. Rev. Stat. § 25-910.

COMMENTS TO § 6-1107

  [1] Subpart (a) lists the pleadings that are permissible in a civil action. The initial pleading is a complaint. The statute that authorized the promulgation of the pleading rules states that the “plaintiff’s initial pleading shall be a petition when that designation is provided elsewhere by statutes. In all other civil actions the plaintiff’s initial pleading shall be a complaint.” Neb. Rev. Stat. § 25-801.01. At the time that the statute was enacted, family law actions (e.g., dissolution, support, and paternity actions) were the primary actions in which the initial pleading was statutorily designated as a petition. In 2004, however, the statutes governing those types of actions were amended to substitute “complaint” for “petition.” See 2004 Neb. Laws 804-22 (L.B. 1207).

  [2] There are nevertheless civil proceedings in which the initial pleading is not a complaint. For example, the initial pleading in an action for postconviction relief is a verified motion (Neb. Rev. Stat. § 29-3001). There are also numerous proceedings in which the initial pleading is a petition. Those proceedings include petition in error proceedings (Neb. Rev. Stat. § 25-1903), probate proceedings (Neb. Rev. Stat. § 30-2209), protection order proceedings (Neb. Rev. Stat. § 42-924), adoption proceedings (Neb. Rev. Stat. § 43-102), juvenile court proceedings (Neb. Rev. Stat. § 43-261), workers’ compensation proceedings (Neb. Rev. Stat. § 48-173), Commission of Industrial Relations proceedings (Neb. Rev. Stat. § 48-811), mental health commitment proceedings (Neb. Rev. Stat. § 71-921), and administrative review proceedings (Neb. Rev. Stat. § 84-917).

  [3] Prior to 2024, the list of permissible pleadings in subpart (a) included the responsive pleadings to counterclaims and cross-claims – but did not include counterclaims and cross-claims themselves. The reason is that counterclaims and cross-claims are included in the answer, rather than in a separate pleading. The rule, however, did not expressly state that. In 2024, subpart (a) was amended to add an express statement that both types of claims are permissible pleadings but that both are included in the answer, rather than in a separate pleading.

  [4] Historically, the title of the responsive pleading to a counterclaim was “reply,” rather than “answer.” The 2024 Amendments changed the title to “answer.”

  [5] Prior to 2024, subpart (b) had a title (“Motions and Other Papers”) but did not have any text. It simply read “Reserved.” The 2024 Amendments added three subparts that are designed to help parties determine the format they should use when drafting motions brought under the Court Rules of Pleading in Civil Actions.

  [6] Subpart (b)(1) identifies the contents of a motion’s caption. It is modeled on § 6-1110(a), the rule that addresses the caption of pleadings. Subpart (b)(2) addresses the format of motions through a cross-reference to § 2-103(A), the rule that sets the standard format for all documents, including motions. Subpart (b)(3) contains a cross-reference to § 25-910, the statute that addresses notice of a motion. Subpart(b)(3) also contains a reminder that motions authorized by statute must comply with the authorizing statute.

Rule 7(a) amended May 19, 2004. Renumbered and codified as § 6-1107, effective July 18, 2008; § 6-1107 amended November 13, 2024, effective January 1, 2025.

  (a) Claim for Relief. A pleading that states a claim for relief must 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 the relief sought, which may include relief in the alternative or different types of relief.

  (A) General Damages. The amount of general damages must not be stated.

  (B) Special Damages. Each category of special damages sought and the total amount of special damages sought must be stated in either the statement of the claim or in the demand for relief.

  (C) Interest. If the recovery of prejudgment interest on damages is sought, the date from which interest is to be computed must be stated in either the statement of the claim or in the demand for relief.

  (b) Defenses; Admissions and Denials.

  (1) In General. In responding to a pleading, a party must:

  (A) state in short and plain terms its defenses to each claim asserted against it; and 

  (B) admit or deny the allegations asserted against it by an opposing party.

  (2) Denials; Responding to the Substance. A denial must fairly respond to the substance of the allegation.

  (3) General and Specific Denials. A party may generally deny all the allegations of a pleading if the party has a good faith basis for denying at least one material allegation, generally deny all the allegations except those specifically admitted, or specifically deny designated allegations.

  (4) Denying Part of an Allegation. A party that intends in good faith to deny only a part of an allegation must admit the part that is true and deny the rest.

  (5) Lacking Knowledge or Information. A party that lacks knowledge or information sufficient to form a belief about the truth of an allegation must so state, and the statement has the effect of a denial.

  (6) Effect of Failing to Deny. An allegation – other than one relating to the amount of damages – is admitted if a responsive pleading is required and the allegation is not denied. If a responsive pleading is not required, an allegation is considered denied or avoided.

  (c) Affirmative Defenses.

  (1) In General. In responding to a pleading, a party must affirmatively state any avoidance or affirmative defense, including but not limited to:

• absolute or qualified immunity;
• accord and satisfaction;
• arbitration and award;
• assumption of risk;
• claim or issue preclusion;
• contributory negligence;
• duress;
• estoppel;
• failure of consideration;
• fraud;
• illegality;
• laches;
• license;
• payment;
• release;
• statute of frauds;
• statute of limitations; and
• waiver. 

  (2) Mistaken Designation. If a party mistakenly designates a defense as a counterclaim, or a counterclaim as a defense, the court must, if justice requires, treat the pleading as though it were correctly designated, and may impose terms for doing so.

  (d) Pleadings to Be Concise and Direct; Alternative Statements; Inconsistency.

  (1) In General. Each allegation must be simple, concise, and direct. No technical form is required.

  (2) Alternative Statements of a Claim or Defense. A party may set out two or more statements of a claim or defense alternately or hypothetically, either in a single count or defense or in separate ones. If a party makes alternative statements, the pleading is sufficient if any one of them is sufficient.

  (3) Inconsistent Claims or Defenses. A party may state as many separate claims or defenses as it has, regardless of consistency and whether based on legal or equitable grounds.

  (e) Construing Pleadings. Neb. Rev. Stat. § 25-801.01(d) requires that all pleadings be construed as to do substantial justice.

COMMENTS TO § 6-1108

  [1] When the rules were promulgated in 2002, the provisions on pleading damages were split between § 6-1108 and § 6-1109. The 2024 Amendments combined the provisions and put them in § 6-1103(a)(3). General damages are discussed in subpart (a)(3)(A), and special damages are discussed in subpart (a)(3)(B).

  [2] Subpart (a)(3)(B) requires a party to state each category of special damages it seeks and the total amount of those damages. A party may state the total amount by stating the amount (e.g., plaintiff seeks $60,000 in special damages), the amount of each category of special damages (e.g., plaintiff seeks $45,000 in past medical expenses and $15,000 in lost wages), or both (e.g., plaintiff seeks $60,000 in special damages, consisting of $45,000 in past medical expenses and $15,000 in lost wages).

  [3] The required statement may be included in the statement of the claim or in the demand. It may also be included in both. The primary purpose of stating special damages is to give the defendant notice of the categories of damages sought. Notice can be given equally well by stating the categories in either the statement of the claim or in the demand.

  [4] If a party seeks prejudgment interest, subpart (a)(3)(C) requires the party to state the starting date for the computation. The date may be included in the statement of the claim or in the demand. It may also be included in both. The purpose of requiring the date to be stated is to give the defendant notice that the plaintiff is seeking prejudgment interest and to allow the defendant to begin preparing its defense. As with special damages, notice can be given equally well by stating the date in the statement of the claim or in the demand.

  [5] The Federal Rules of Civil Procedure provide that a party may enter a general denial only if the pleader “intends in good faith to deny all the allegations of a pleading.” Fed. R. Civ. P. 8(b). The drafters of the Nebraska Court Rules of Pleading excluded that language from § 6-1108(b) to preserve the general denial as it existed under Code Pleading. Under Code Pleading, a defending party could enter a general denial if the defendant had a good faith basis for denying at least one material allegation of the plaintiff’s pleading. See Marshall v. Rowe, 126 Neb. 817, 831 (1934). Because the standard is based on pre-notice pleading case law, there is a risk that the standard may eventually be lost to history. To prevent that from happening, the 2024 Amendments added the standard to subpart (b)(3).

  [6] Subpart (c)(1) contains a nonexclusive list of affirmative defenses. The 2024 Amendments made three changes to the list.

  [7] First, “injury by fellow servant” was deleted and “absolute or qualified immunity” was added. Injury by fellow servant was a significant defense prior to the adoption of the workers’ compensation statutes. Although it is still an affirmative defense, injury by a fellow servant is not of sufficient contemporary significance to warrant including it in the list.

  [8] Second, “discharge in bankruptcy” was deleted because it is not a true affirmative defense. Discharge was deleted from the rule’s federal counterpart in 2010 because under the federal bankruptcy statutes, “a discharge voids a judgment to the extent that it determines a personal liability of the debtor with respect to a discharged debt. The discharge also operates as an injunction against commencement or continuation of an action to collect, recover, or offset a discharged debt. For these reasons it is confusing to describe discharge as an affirmative defense.” Fed. R. Civ. P. 8(c), Advisory Committee Notes to the 2010 Amendment. Regardless of whether a party pleads discharge in its responsive pleading, the debt is discharged as a matter of federal law.

  [9] Third, “res judicata” was recast as “claim or issue preclusion.” Historically, “res judicata” was sometimes used to refer to claim preclusion and sometimes used to refer to both claim and issue preclusion. “Collateral estoppel” was also used to refer to issue preclusion. The Supreme Court has indicated a preference for using the modern terminology of claim preclusion and issue preclusion. See In re Interest of Noah B. et al., 295 Neb. 764, 773 (2017). Subpart (c)(1) was amended to reflect that preference.

  [10] Subpart (d) governs alternative and inconsistent statements in a pleading. The original version of the subpart provided that those statements are subject to the standards set forth in Neb. Rev. Stat. § 25-824. Among other things, the statute provides that the signature of a party or attorney is a certification that there are good grounds for filing the pleading and that it is not being interposed for purpose of delay. The 2024 Amendments deleted the provision because it was unnecessary. The statute is well-known and applies by its own terms.

  [11] The statute that authorized the Supreme Court to promulgate pleading rules contains an admonition that pleadings must be construed so as to do justice. See Neb. Rev. Stat. § 25-801.01(2)(d). There is a risk that judges, parties, and attorneys may be unaware of the provision because the statute is primarily an authorizing statute and the rules that it authorized were promulgated years ago. To reduce that risk, the 2024 Amendments added a cross-reference to the statute in subpart (e).

§ 6-1108 amended November 13, 2024, effective January 1, 2025.

  (a) Capacity or authority to sue; legal existence.

  (1) In General. Except when required to show that the court has jurisdiction, a pleading need not allege:

  (A) a party’s capacity to sue or be sued;

  (B) a party’s authority to sue or be sued in a representative capacity; or

  (C) the legal existence of an organized association of persons that is made a party.

  (2) Raising Those Issues. To raise any of those issues, a party must do so by a specific denial, which must state any supporting facts that are peculiarly within the party’s knowledge.

  (b) Fraud or Mistake; Conditions of Mind. In alleging fraud or mistake, a party must state with particularity the circumstances constituting the fraud or mistake. Malice, intent, knowledge, and other conditions of a person’s mind may be alleged generally.

  (c) Conditions Precedent. In pleading conditions precedent, it suffices to allege generally that all conditions precedent have occurred or been performed. But when denying that a condition precedent has occurred or been performed, a party must do so with particularity.

  (d) Official Document or Act. In pleading an official document or official act, it suffices to allege that the document was legally issued or the act legally done.

  (e) Judgment. In pleading a judgment or decision of a domestic or foreign court, a judicial or quasi-judicial tribunal, or a board or officer, it suffices to plead the judgment or decision without showing jurisdiction to render it.

  (f) Time and Place. An allegation of time or place is material when testing the sufficiency of a pleading.

COMMENTS TO § 6-1109

  [1] In addition to making stylistic changes to the rule, the 2024 Amendments deleted three matters: undue influence, special damages, and limited representation.

  [2] First, the 2024 Amendments deleted undue influence from the list of matters that subpart (b) requires a party to plead with particularity. The requirement of pleading with particularity is not aimed at factual details in general. It is instead aimed at specific pieces of information. For example, pleading the circumstances of fraud “with particularity means the who, what, when, where, and how: the first paragraph of any newspaper story.” Chaney v. Evnen, 307 Neb. 512, 525 (2022).

  [3] While the circumstances of fraud may involve specific pieces of information, the circumstances of undue influence do not. They involve a bundle of facts that, taken together, support an inference of undue influence. The contents of that bundle will vary from case to case. Therefore, undue influence does not belong in subpart (b). It should be noted, however, that a party pleading undue influence must still plead the bundle of facts that support the inference of undue influence rather than simply plead the conclusion that undue influence was present.

  [4] Second, the 2024 Amendments deleted subpart (g). That subpart required a party to state special damages with specificity. The requirement is now included in § 6-1108(a)(3)(B).

  [5] Third, the 2024 Amendments deleted subparts (h)-(i). Those subparts reproduced the text of § 3-501.2(d)-(e) of the Nebraska Rules of Professional Conduct as a way of reminding lawyers about limited appearances. Section 6-1111 is a better place for such a reminder. Therefore, the subparts on limited representation were deleted and a cross-reference to § 3-501.2 was added in § 6-1111(b).

§ 6-1109(h) and (i) adopted September 3, 2008; Comment amended September 3, 2008; § 6-1109 amended November 13, 2024, effective January 1, 2025.

   (a) Caption; Names of Parties. Every pleading must have a caption with the court’s name, the title of the action, the file number, and a § 6-1107(a) designation. The title of the action in the complaint must name all the parties; the title of other pleadings, after naming the first party on each side, may refer generally to other parties.

  (b) Paragraphs; Separate Statements. A party must state its claims or defenses in numbered paragraphs, each limited as far as practicable to a statement of a single set of circumstances. A later pleading may refer by number to a paragraph in an earlier pleading. If doing so would promote clarity, each claim founded on a separate transaction or occurrence – and each defense other than a denial – must be stated in a separate count or defense.

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

COMMENT TO § 6-1110

  The rule governs the format of pleadings, including the content of captions, the use of numbered paragraphs, and the use of incorporation by reference. The 2024 Amendments made stylistic changes to the rule but did not make any substantive changes.

§ 6-1110 amended November 13, 2024, effective January 1, 2025.

  (a) Signature.

  (1) Every pleading, written motion, and other document must 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. Section 2-201(M) governs what constitutes a signature for documents filed electronically through the court-authorized service provider.

  (2) Unsigned Document. The court must strike an unsigned document that is not filed through the court-authorized service provider unless the omission of the signature is corrected promptly after being called to the filer’s attention.

  (3) Required Information. Every document filed must state the signer’s address, email address, telephone number, and, if filed by an attorney, the attorney’s bar identification number. Unless a statute specifically states otherwise, a pleading need not be verified or accompanied by affidavit.

  (b) Assistance to Parties Not Otherwise Represented by an Attorney.

  (1) Preparation of Documents. Section 3-501.2(c) governs an attorney’s preparation of pleadings, briefs or other documents for a party not otherwise represented by an attorney.

  (2) Limited Appearance. Section 3-501.2(d)-(e) governs an attorney’s entry of a limited appearance on behalf of a party not otherwise represented by an attorney.

COMMENTS TO § 6-1111

  [1] The rule is a truncated version of Rule 11 of the Federal Rules of the Federal Rules of Civil Procedure. Both rules provide that pleadings, motions, and other documents must be signed. That is where the similarities end. Federal Rule 11(b)-(d) addresses sanctions for filing pleadings and other documents that lack a reasonable basis in law or fact. Section 6-1111 does not address sanctions because they are governed by statute, more specifically, by Neb. Rev. Stat. § 25-824.

  [2] The 2021 Amendments incorporated verbatim the definition of “signature” that appears in § 2-201(M) of Electronic Filing, Service, and Notice System Rules. The 2024 Amendments replaced the definition with a cross-reference to § 2-201.

  [3] In 2014, provisions were added to subpart (b) to address when an attorney may prepare pleadings and other documents for a self-represented party. The provisions were identical to provisions in § 3-501.2(c) of the Nebraska Rules of Professional Conduct. In 2024, subpart (b) was given a new title – “Assistance to Parties not Otherwise Represented by an Attorney” – and the text was replaced by cross-references to § 3-501.2(c) and § 3-501.2(d)-(e). The latter rule addresses limited appearances.

  (a) Time to Serve a Responsive Pleading.

  (1) In General. Unless another time is specified by this rule, the time for serving a responsive pleading is as follows:

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

  (B) A party must serve an answer to a counterclaim or cross-claim within 30 days after being served with the pleading that states the counterclaim or cross-claim.

  (C) A party must serve a reply to an answer within 21 days after being served with an order to reply, unless the order specifies a different time.

  (2) Effect of a Motion. Unless the court specifies a different time, serving a motion under this rule alters these periods as follows:

  (A) if the court denies the motion or postpones its disposition until trial, the responsive pleading must be served within 21 days after notice of the court’s action; or

  (B) if the court grants a motion for a more definite statement, the responsive pleading must be served within 21 days after the more definite statement is served.

  (b) How to Present Defenses. Every defense to a claim for relief in any pleading must be asserted in the responsive pleading if one is required. But a party may assert the following defenses by motion:

  (1) lack of subject matter jurisdiction;

  (2) lack of personal jurisdiction;

  (3) pendency of another action that involves the same subject matter and parties; 

  (4) insufficient process;

  (5) insufficient service of process;

  (6) failure to state a claim upon which relief can be granted; and

  (7) failure to join a party under Neb. Rev. Stat. § 25-323.

  A motion asserting any of these defenses must be made before pleading if a responsive pleading is allowed. If a pleading sets out a claim for relief that does not require a responsive pleading, an opposing party may assert at trial any defense to that claim. No defense or objection is waived by being joined with one or more other defenses or objections in a responsive pleading or in a motion.

  (c) Motion for Judgment on the Pleadings. After the pleadings are closed – but early enough not to delay the trial – a party may move for judgment on the pleadings.

  (d) Result of Presenting Matters Outside the Pleadings. If, on a motion under § 6-1112(b)(6) or § 6-1112(c), matters outside the pleadings are presented to and not excluded by the court, the motion must be treated as one for summary judgment under Neb. Rev. Stat. §§ 25-1330 to 25-1336. All parties must be given a reasonable opportunity to present all the material that is pertinent to the motion.

  (e) Motion for More Definite Statement. A party may move for a more definite statement of a pleading to which a responsive pleading is allowed but which is so vague or ambiguous that the party cannot reasonably prepare a response. The motion must be made before serving a responsive pleading and must point out the defects complained of and the details sought. If the court orders a more definite statement and the order is not obeyed within 14 days after notice of the order or within the time the court sets, the court may strike the pleading or issue any other appropriate order.

  (f) Motion to Strike. The court may strike from a pleading an insufficient defense or any redundant, immaterial, impertinent, or scandalous matter. The court may act:

  (1) on its own; or

  (2) on a motion made by a party either before responding to the pleading or, if  response is not allowed, within 30 days after being served with the pleading.

  (g) Joining Motions.

  (1) Right to Join. A motion under this rule may be joined with any other motion allowed by this rule.

  (2) Limitation on Further Motions. Except as provided in § 6-1112(h)(2) or (3), a party that makes a motion under this rule must not make another motion under this rule raising a defense or objection that was available to the party but omitted from its earlier motion.

  (h) Waiving and Preserving Certain Defenses.

  (1) When Some Are Waived. A party waives any defense listed in § 6-1112(b)(2), (b)(4), and (b)(5) by:

  (A) omitting it from a motion in the circumstances described in § 6-1112(g)(2); or

  (B) failing either:

  (i) to make it by motion under this rule; or

  (ii) to include it in a responsive pleading or in an amendment allowed by § 6-1115(a)(1) as a matter of course.

  (2) When to Raise Others. Failure to state a claim upon which relief can be granted, to join a party under Neb. Rev. Stat. § 25-323, or to state a legal defense to a claim may be raised:

  (A) in any pleading allowed or ordered under § 6-1107(a);

  (B) by motion under § 6-1112(c); or

  (C) at trial.

  (3) Pendency of Another Action or Lack of Subject Matter Jurisdiction. If the court determines at any time that another action is pending that involves the same subject matter and parties, the court may dismiss or stay the action or issue any other appropriate order. If the court determines at any time that it lacks subject matter jurisdiction, the court must dismiss the action.

  (i) Hearing Before Trial. If a party so moves, any defense listed in § 6-1112(b)(1)-(7) – whether made by a pleading or by motion – and a motion under Rule 12 § 6-1112(c) must be heard and decided before trial unless the court orders a deferral until trial.

COMMENTS TO § 6-1112

  [1] Subpart (a) sets the time periods for serving various motions and pleadings. The subpart was originally promulgated in 2002. In 2009, the time periods stated in Rule 12(a) of the Federal Rules of Civil Procedure were reset in multiples of 7 – in other words, 7 days, 14 days, 21 days, or 28 days. Using multiples of seven ensures that the “final day falls on the same day of the week as the event that triggered the period – the 14th day after a Monday, for example, is a Monday. See Fed. R. Civ. P. 12, Advisory Committee Notes to the 2009 Amendment.

  [2] The 2024 Amendments followed much the same approach. Time periods that were shorter than 30 days were reset to multiples of seven. The 30-day time period for serving a responsive pleading was retained. Although the Federal Rule 12(a) sets the time period for serving a responsive pleading at 21 days, the time period in Nebraska has been 30 days since Nebraska first became a State.

  [3] There was a minor anomaly in the original version of subpart (a). The time period for serving a court-ordered reply to an answer was 15 days after service of the order. By contrast, the time period for serving a responsive pleading after the denial of a motion to dismiss or grant of a motion for a more definite statement was 20 days. There is no obvious reason for the different time periods. Therefore, the 2024 Amendments eliminated the anomaly by setting 21 days as the time period for both a court-ordered reply [subpart (a)(1)(C)] and a responsive pleading after the denial or grant of a § 6-1112 motion [subpart (a)(2)].

  [4] Subpart (a) does not set the time for a plaintiff to act if the court grants a motion to dismiss or quash filed pursuant to subpart (b). If the defect can be corrected – for example, by serving an amended complaint to correct a defect in the statement of the claim or by serving the summons and complaint again to correct a defect in service – then the court must set the time for the plaintiff to act.

  [5] The defense of another action pending can be raised when there are two pending actions that involve the same subject matter and the same parties. The defense is based on the doctrine of jurisdictional priority: as between two courts of concurrent jurisdiction, the first court that acquires jurisdiction should retain it to the exclusion of the other. See Jesse B. v. Tylee H., 293 Neb. 973, 987 (2016).

  [6] Prior to the adoption of the Nebraska Court Rules of Pleading, the defense of another action pending could have been raised by demurrer when the defect appeared on the face of the petition. Otherwise, it could have been raised in the answer. The defense was not mentioned in the original version of § 6-1112, however. As a result, it was unclear how a party could properly raise the defense. The 2024 Amendments provided the missing clarity by inserting the defense into subpart (b)(3).

  [7] Subpart (b)(3) was empty at the time. The reason was that the mechanics of raising the defense of improper venue are different in federal and state court. Rule 12(b)(3) of the Federal Rules of Civil Procedure allows the defense of improper venue to be raised by a pre-answer motion to dismiss. In Nebraska, however, the defense must be raised by a motion to transfer. See Neb. Rev. Stat § 25-403.01. Because the defense is not raised by a pre-answer motion to dismiss, the drafters of the Nebraska Court Rules of Pleading left subpart (b)(3) empty so that the numbering of the remaining subpart (b) defenses would be the same as it is in Federal Rule 12(b).

  [8] Subpart (b)(7) originally referred the defense of failure to join a necessary party. At the time that subpart (b)(7) was promulgated, the Supreme Court used the terms “indispensable party” and “necessary party” interchangeably. In 2017, however, the court recognized a distinction between indispensable and necessary parties. The court stated that both indispensable and necessary parties have an interest in the subject matter of the action. The difference between the two is that the interest of an indispensable party will be affected by the judgment and the interest of a necessary party will not be. See Midwest Renewable Energy v. American Engr. Testing, 296 Neb. 73, 91 (2017).

  [9] Even though there is a distinction between the two types of parties, the basis of the defense is the same: the missing party should be joined. Therefore, subpart (b)(7) was amended in 2024 to read “failure to join a party under Neb. Rev. Stat. § 25-323.” The statutory reference was used because § 25-323 governs the joinder of both indispensable and necessary parties.

  [10] Subpart (f) authorizes a motion to strike particular parts of a pleading. By contrast, Neb. Rev. Stat. § 25-913 authorizes a motion to strike an entire pleading.

  [11] Subpart (g)(2) prohibits successive pre-answer motions. If a party files a motion that raises a defense or objection under § 6-1112, the party must include any other defenses or objections that the rule allows to be raised by motion instead of raising them in a second pre-answer motion. The purpose of the prohibition is to eliminate the ability of a party to drag out the pleading stage of a case by raising defenses and objections piecemeal. If the party omits a defense or objection that was available to the party when it filed its motion, the party cannot file a second motion to raise the omitted defense or objection.

  [12] For example, if a party unsuccessfully files a pre-answer motion to dismiss for failure to state a claim on one ground, the party cannot subsequently file a second pre-answer motion to dismiss for failure to state a claim on different ground. That is true even though the defense of failure to state a claim is not waived by failing to raise it in an earlier motion. Instead of filing a second motion to dismiss, the party must raise the other ground in a manner authorized by subpart (h)(2). To allow the party to raise the other ground by filing a second pre-answer motion to dismiss would be contrary to the language and purpose of subpart (g)(2).

  [13] The defense of another action pending is not jurisdictional. The Supreme Court has indicated, however, that an appellate court may raise the defense on an appeal even though the parties did not raise it below. See Brinkman v. Brinkman, 302 Neb. 315, 319 (2019). That indicates that the defense is one that cannot be waived.

  [14] Subpart (h)(3) provides that a court must dismiss the action if it determines that it lacks subject matter jurisdiction. Subpart (h)(3) takes a different approach for the defense of another action pending by giving the court the discretion to dismiss or stay the action rather than mandating that the court do so.

§ 6-1112 amended November 13, 2024, effective January 1, 2025.

   (a) Stating a Counterclaim. A pleading may state as a counterclaim any claim that the pleader has against an opposing party when the pleading is served.

  (b) Failing to State a Related Counterclaim The failure to state as a counterclaim a claim that arises out of the transaction or occurrence that is the subject matter of the opposing party’s claim precludes the pleader from recovering costs from that party in a subsequent action on the claim.

  (c) Relief Sought in a Counterclaim. A counterclaim need not diminish or defeat the recovery sought by the opposing party. It may request relief that exceeds in amount or differs in kind from the relief sought by the opposing party.

  (d) Counterclaim Against the State and Political Subdivisions. These rules do not expand the right to assert a counterclaim or to obtain a credit 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. The court may permit a party to file a supplemental pleading asserting a counterclaim that matured or was acquired by the party after serving an earlier pleading.

  (f) Cross-Claim Against a Co-Party. A pleading may state as a cross-claim any claim by one party against a co-party if the claim arises out of the transaction or occurrence that is the subject matter of the original action or of a counterclaim, or if the claim relates to any property that is the subject matter of the original action. The cross-claim may include a claim that the co-party is or may be liable to the cross-claimant for all or part of a claim asserted in the action against the cross-claimant.

  (g) Joining Additional Parties. Neb. Rev. Stat. §§ 25-323 and 25-705(4) govern the addition of a person as a party to a counterclaim or cross-claim.

COMMENTS TO § 6-1113

  [1] Subpart (a) allows but does not require a party to assert any counterclaim that it has at the time it serves its responsive pleading. Subpart (b) encourages a party to assert as a counterclaim a claim that arises out of the same transaction or occurrence as the claim asserted against the party. The rule does so by precluding the party from recovering costs if it brings the claim in a subsequent action. Furthermore, depending on the subject matter of the claim, a party who brings a subsequent action may be precluded from litigating the claim by the doctrine of claim preclusion or may be barred from relitigating issues by the doctrine of issue preclusion. In short, a party should carefully evaluate the nature of a particular claim when deciding whether to assert it as a counterclaim or to make it the subject of a subsequent action.

  [2] A counterclaim is stated in the party’s responsive pleading. See § 6-1107(a)(3). The original version of § 6-1113(f) provided that a party could add a counterclaim by seeking leave of court to amend its pleading. The provision was deleted in 2024 because it was unnecessary. Section 6-1115(a) governs the amendment of all pleadings, including the amendment of a responsive pleading to add a counterclaim.

§ 6-1113 amended November 13, 2024, effective January 1, 2025.

COMMENTS TO § 6-1114

  Rule 14 of the Federal Rules of Civil Procedure governs third-party practice. In Nebraska, third-party practice is governed by statute. See Neb. Rev. Stat. § 25-331. Section 6-1114 was included in the Nebraska Court Rules of Pleading in Civil Cases without any text so that the numbering of the rules corresponds to the numbering of the Federal Rules of Civil Procedure.

§ 6-1114 amended November 13, 2024, effective January 1, 2025.

  (a) Amendments in General.

  (1) Amending as a Matter of Course. A party may amend its pleading once as a matter of course no later than:

  (A) 30 days after serving it, or

  (B) if the pleading is one to which a responsive pleading is required, 14 days after service of a responsive pleading or 14 days after service of a motion under § 6-1112(b), (e), or (f), whichever is earlier. When a responsive pleading is required from multiple parties, the 14-day period commences on service of the first responsive pleading or motion under § 6-112(b), (e), or (f).

  (2) Other Amendments. In all other cases, a party may amend its pleading only with the opposing party’s written consent or the court’s leave. The court should freely grant leave when justice so requires.

  (3) Time to Respond. Unless the court orders otherwise, any required response to an amended pleading must be made within the time remaining to respond to the original pleading or within 14 days after service of the amended pleading, whichever is later.

  (b) Amendments During and After Trial.

  (1) Based on an Objection at Trial. If, at trial, a party objects that evidence is not within the issues raised in the pleadings, the court may permit the pleadings to be amended. The court should freely permit an amendment when doing so will aid in presenting the merits and the objecting party fails to satisfy the court that the evidence would prejudice that party’s action or defense on the merits. The court may grant a continuance to enable the objecting party to meet the evidence.

  (2) For Issues Tried by Consent. When an issue not raised by the pleadings is tried by the parties’ express or implied consent, it must be treated in all respects as if raised in the pleadings. A party may move at any time, even after judgment, to amend the pleadings to conform them to the evidence and to raise an unpled issue. But failure to amend does not affect the result of the trial of that issue.

  (c) Relation Back of Amendments. Relation back of amendments is governed by Neb. Rev. Stat. § 25-201.02.

  (d) Supplemental Pleadings. On motion and reasonable notice, the court may, on just terms, permit a party to serve a supplemental pleading setting out any transaction, occurrence, or event that happened after the date of the pleading to be supplemented. The court may permit supplementation even though the original pleading is defective in stating a claim for relief or a defense. The court may order that the opposing party plead to the supplemental pleading within a specified time.

COMMENTS TO § 6-1115

  [1] Subpart (a)(1) allows a party to amend its pleading once as a matter of course, without the need to obtain leave of court or the consent of the opposing party. The 2024 Amendments made changes to the time for amending as a matter of course. The purpose of the changes is to give plaintiffs (and other parties asserting claims) the opportunity to amend their pleadings to address issues raised by an answer or by a motion to dismiss, a motion for a more definite statement, or a motion to strike. Giving plaintiffs that opportunity may help to move the case forward more efficiently and avoid the need for the court to rule on some or all the motions. The changes were modeled on Rule 15(a)(1) of the Federal Rules of Civil Procedure but set a shorter time period than the federal rules do.

  [2] Cases may involve multiple parties, with some defendants appearing and serving pleadings or motions earlier than others. In those cases, the time period for amending as a matter of course for all parties begins to run when the first responsive pleading or § 6-1112(b), (e), or (f) motion is served.

  [3] Subpart (a)(3) provides that unless the court orders otherwise, the responsive pleading to an amended pleading must be served within the time remaining to respond to the original pleading or 14 days after service of the amended pleading, whichever is longer. The 2024 Amendments increased the number of days from 10 to 14 as part of the general resetting of time periods in multiples of 7. The reason for resetting the time periods is discussed in Comment [1] on § 6-1112.

  [4] The original title of subpart (b) was “Amendments to Conform to the Evidence.” The subpart provided, among other things, that an amendment was not necessary when the issues were tried by the express or implied consent of the parties. The most common scenario of implied consent is that of a party failing to object when the opposing party offers evidence that is uniquely relevant to an unpled issue.

  [5] It was unclear whether the implied consent provisions applied to summary judgment motions or were instead limited to trials. The issue was raised but not decided in Blinn v. Beatrice Community Hosp. & Health Ctr., 270 Neb. 809 (2006). The 2024 Amendments answer the question. The amendments changed the title of subpart (b) to “Amendments During and After Trial” and restructured the subpart to make it clear that the provisions only apply to objections made or to consent given during trial.

§ 6-1115 amended November 13, 2024, effective January 1, 2025.

COMMENT TO § 6-1116  

  Rule 16 of the Federal Rules of Civil Procedure governs pretrial conferences, case scheduling, and case management. In Nebraska, pretrial conferences are governed by § 6-1421 of the Uniform County Court Rules of Practice and Procedure and by § 6-1522 of the Uniform District Court Rules of Practice and Procedure. Section 6-1116 was included in the Nebraska Court Rules of Pleading in Civil Cases without any text so that the numbering of the rules corresponds to the numbering of the Federal Rules of Civil Procedure.

§ 6-1116 amended November 13, 2024, effective January 1, 2025.

   (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.)

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) 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) 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

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 provided 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 Proceedings.

   (1) Request for transcription. A transcript of proceedings for preliminary hearings in felony cases may be ordered by a party to the action by filing a request with the clerk of the county court. The request shall specify which portions of the evidence should be included in the transcript.

   (2) Preparation and payment. A transcript of proceedings for preliminary hearings in felony cases, when requested, shall be prepared by court reporting personnel as provided in Neb. Ct. R. in § 6-1452(B)(5)(a) and (b) and paid for as described in Neb Ct. R. § 1-203(B).

   (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; § 6-1453(B) amended October 23, 2024.

   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.

   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.

  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; § 6-1462 amended June 26, 2024, effective July 1, 2024.

   (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 filing 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, 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.

  (F) Briefs and Oral Argument.

  (1) Briefs. Unless otherwise ordered by the court, the briefs listed below must be filed within the times stated in these rules. Requests for additional time to file briefs shall be supported by a showing of good cause.

  (a) Appellant’s or Petitioner’s brief must be served and filed within 30 days after the date the bill of exceptions is due to be filed. If no request for preparation of a bill of exceptions is filed, Appellant’s or Petitioner’s briefs must be served and filed within 30 days after the transcript is filed, unless the court directs otherwise.

  (b) Appellee's or Respondent’s brief must be served and filed within 30 days after Appellant or Petitioner has served and filed briefs.

  (c) Appellant’s or Petitioner’s reply brief must be served and filed within 10 days after Appellee or Respondent has served and filed briefs.

  (2) Oral argument.

  (a) A time of hearing shall be secured by contacting the judge’s bailiff. Notice of said hearing shall be filed and served on the opposing counsel or party, if not represented by counsel, on or before the date Appellant’s or Petitioner’s brief is served and filed.

  (b) Unless ordered by the court, no oral argument is allowed in any appeal from the county court in any criminal case:

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

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

  (3) Cases to be submitted without argument may be submitted at any time after the time for filing Appellant’s reply brief has expired.

  (4) Unless otherwise ordered by the court, oral argument shall not exceed 10 minutes per side in any civil or criminal case. On the court’s own motion or on motion by a party, additional time may be granted by a showing of good cause.

  (5) Unless otherwise directed by the court, the parties may elect to waive oral argument and submit a case solely on the briefs. Such notice to waive oral argument shall be filed with the Clerk of the District Court and separately communicated to the judge’s bailiff at least 3 days prior to the date of hearing.

  (G) Summary Disposition.

  (1) Summary Dismissal. When the district court is hearing an appeal over which it determines it lacks jurisdiction, the appeal will be dismissed in the following manner: “APPEAL DISMISSED.”

  (2) Summary Affirmance. When the district court is hearing an appeal over which it determines on its own motion that (1) it is confined to plain error review because of Appellant’s failure to file a required statement of errors, (2) a detailed opinion would have no significant value upon further review, and (3) one of the following conditions is met:

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

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

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

  (d) no error of law appears;

the Court may at its discretion decline to hold a hearing on appeal and affirm the judgment in the following manner: “AFFIRMED.”

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; § 6-1518 amended September 11, 2024.

   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.