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

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from the time of filing to the date the trial court entered its judgment/decree, the case is dismissed, the petition is withdrawn, the case is transferred to another court on a change of venue, or the case is otherwise disposed, whichever occurs first.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

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

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

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

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

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

   (5) Firm, consistent procedures for minimizing continuances.

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

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

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

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

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

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

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

§ 6-103 amended November 27, 2013.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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