These rules become effective September 1, 1995, supersede all existing local rules of practice, and shall govern the procedures in the district courts of the State of Nebraska.

   Each district court by action of a majority of its judges may from time to time recommend local rules concerning matters not covered by these rules and which are not inconsistent with any directive of the Nebraska Supreme Court or statutes of the State of Nebraska. Such recommended rules shall be submitted as provided in Neb. Ct. R. § 1-103(A). Such recommended rules shall become effective upon the approval of the Supreme Court, at which time they shall be published on the Supreme Court's website.

Rule 1 amended October 14, 1999; amended June 5, 2002. Renumbered and codified as § 6-1501, effective July 18, 2008; § 6-1501 amended September 7, 2022.

   The court may divide itself into such divisions in each district as it deems necessary for the effective administration of justice and may elect a presiding judge if necessary from among its number.

   (A) Form.

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

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

   (B) Identification of Pleadings: All complaints and petitions offered for filing shall plainly show the caption of the case, a description or designation of the contents, and on whose behalf they are filed. All further pleadings shall show the number of the case.

   (C) Orders: All proposed orders shall be by separate document and not a part of any other pleadings.

   (D) Copies.

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

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

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

   (E) Identification of Attorney: The name, address, Nebraska attorney identification number, email address, and the telephone number of the attorney handling the matter shall be stated on each pleading. Signatures shall be as provided in Neb. Ct. R. App. P. § 2-201(M).

   (F) Criminal Case Informations: Informations in criminal cases shall cite the statute under which each count of the information is brought and shall cite the class of offense and statute prescribing the penalty. A proposed amended pleading that is filed prior to obtaining leave of the court shall have no operative effect until the court grants leave to amend.

   (G) Improperly Filed Pleadings: Any pleading which does not conform to these rules will be subject to a motion to strike from the file or such other action as the court deems proper.

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

§ 6-1503(H) amended May 8, 2013; § 6-1503(E) amended September 24, 2014, effective January 1, 2015; § 6-1503 amended June 9, 2021, effective January 1, 2022; § 6-1503 amended November 17, 2021, effective January 1, 2022.

   (A) All applications for temporary custody, support, and maintenance shall comply with Nebraska statutes.

   (B) All applications for temporary support and allowances shall be determined without testimony upon argument and affidavits setting forth information required by Nebraska Child Support Guidelines and Nebraska statutes.

   (C) A properly completed Department of Health and Human Services Vital Statistics form shall be filed with each complaint for dissolution of marriage, and no decree will be entered unless each form is completed in full.

   (D) If any case contains an order or judgment for child or spousal support, or for the payment of medical expenses, the order shall include the following statements:

   (1) Delinquent child or spousal support shall accrue interest at the following rate: [insert the rate in effect on judgments as published on the Nebraska Supreme Court website].

   (2) If immediate income withholding is not required by law to be ordered in a case and is not so ordered, the following statement shall be included as provided by Neb. Rev. Stat. § 42-364.13:

   In the event the obligor fails to pay any child support, spousal support, or other payment ordered to be made, as such failure is certified each month by the clerk or the State Disbursement Unit in cases in which court-ordered support is delinquent in an amount equal to the support due and payable for a one-month period of time, the obligor shall be subject to income withholding and may be required to appear in court and show cause why such payment was not made. In the event the obligor fails to pay and appear as ordered, a warrant shall be issued for his or her arrest.

   (3) If, regardless of whether payments are in arrears, the court orders income withholding pursuant to Neb. Rev. Stat. § 43-1718.01 or § 43-1718.02, the statement specified in § 6-1504(D)(2) shall be altered to read as follows as provided by Neb. Rev. Stat. § 42-364.13:

   In the event the obligor fails to pay any child, spousal support, or medical payment, as such failure is certified each month by the district court clerk or the State Disbursement Unit in cases in which court-ordered support is delinquent in an amount equal to the support due and payable for a one-month period of time, the obligor may be required to appear in court and show cause why such payment was not made. In the event the obligor (respondent or petitioner) fails to pay and appear as ordered, a warrant shall be issued for his or her arrest.

   (E) Any order for support presented to the court shall require the obligor to furnish to the clerk of the court his or her address, telephone number, social security number, the name of his or her employer, and the name of his or her health insurance carrier, if any, together with the number of the policy and the address at which claims are to be submitted. The obligor shall also be required to provide any other information the court deems relevant. The order shall further require the obligor to advise the clerk of any changes in such information until the judgment has been fully paid. If both parents are parties to the action, such order shall provide that each be required to furnish to the clerk of the court whether he or she has access to employer-related health insurance coverage and, if so, the health insurance policy information. Failure to comply with this subsection shall be punishable by contempt. Protection of confidential information shall be as set forth in Neb. Ct. R. § 6-1521.

   (F) A worksheet showing calculations under the Nebraska Child Support Guidelines shall be attached to every child support application, order, or decree and shall be prepared by the party requesting child support, except that in a contested matter the worksheet shall be prepared or adopted by the court and attached to the order or decree.

Rule 4(D)(2) and (3) amended April 17, 1996; Rule 4(F) amended January 3, 1997; Rule 4 amended May 19, 2004; Rule 4(D) deleted and (4)(E)-(G) renumbered to (4)(D)-(F)). Renumbered and codified as § 6-1504, effective July 18, 2008; § 6-1504 amended June 9, 2021, effective January 1, 2022.

   (A) Briefs: The standard form for all briefs shall be as set forth in Neb. Ct. R. App. P. § 2-103(A) and (C). Paper briefs, only submitted by non-attorneys, shall be as provided in § 2-103(C)(5).

   (B) Distribution: The original brief shall be filed with the clerk, with a copy served upon opposing counsel. The materials required by § 6-1526 shall be separately filed with the clerk. Nothing included in a brief shall be treated as a substitution for any required document under § 6-1526. Nothing included in a brief shall be treated as a substitution for the statement of errors required by § 6-1518(B).

   (C) Citations: Citation to authorities shall conform to generally accepted uniform standards of citation; citation of Nebraska cases shall include the Nebraska Reports or the Nebraska Appellate Reports and North Western Reporter citation.

§ 6-1505 amended June 9, 2021, effective January 1, 2022.

   (A) Civil cases in which a party has been named as a debtor in a voluntary or involuntary bankruptcy petition. In any civil case pending before this court in which a party has been named as a debtor in a voluntary or involuntary bankruptcy petition, a Suggestion of Bankruptcy and either (1) a certified copy of the bankruptcy petition, (2) a copy of the bankruptcy petition bearing the filing stamp of the clerk of the bankruptcy court, or (3) a copy of a "Notice of Bankruptcy Case Filing" generated by the Bankruptcy Court's electronic filing system shall be filed by the party named as a debtor or by any other party with knowledge of the bankruptcy petition. Upon the filing of the Suggestion of Bankruptcy and one of the three bankruptcy documents noted immediately above, no further action will be taken in the case by the court or by the parties until it can be shown to the satisfaction of the court that the automatic stay imposed by 11 U.S.C. § 362 does not apply or that the automatic stay has been terminated, annulled, modified, or conditioned so as to allow the case to proceed. Such a showing shall be made by motion.

   (B) Requests for disbursement of funds or distribution of property of or to a party named as a debtor in a bankruptcy proceeding. In any civil case in which a Suggestion of Bankruptcy and one of the three bankruptcy documents noted in § 6-1506(A) have been filed, no request for a disbursement of funds or distribution of property of or to a party named as a debtor shall be made, and no order disbursing funds or distributing property of or to a party named as debtor will be entered. A request for disbursement of funds or distribution of property may be made after a showing, satisfactory to the court, that such funds or property has been abandoned by the trustee in bankruptcy or that the funds or property has been exempted by the debtor in the bankruptcy proceedings or that the party named as debtor in the bankruptcy petition, rather than the trustee in bankruptcy, is otherwise entitled to disbursement of such funds or distribution of such property. Such a showing shall be made by affidavit of a party or by certificate of attorney.

Rule 6(A) and (B) amended October 23, 2002. Renumbered and codified as § 6-1506, effective July 18, 2008; § 6-1506 amended June 9, 2021, effective January 1, 2022.

   (A) Registration of foreign judgments from other United States jurisdictions. Upon the filing of a foreign judgment and affidavit as required by Neb. Rev. Stat. § 25-1587.04, the clerk shall, within 10 days of such filing, mail notice of the filing of the foreign judgment to the judgment debtor at the address provided within the affidavit.

   (B) Registraion of Canadian money judgments. Upon receipt of a registration that includes the required documents and information as set forth in statute, and payment of the fee as for registration of a foreign judgment under § 25-1587.06, the clerk shall file the registration, assign a docket number, and enter the Canadian judgment in the court's docket.

Rule 7 amended June 28, 1995. Renumbered and codified as § 6-1507, effective July 18, 2008; § 6-1507 amended June 23, 2021, effective August 28, 2021.

   When a party is entitled to have a monetary judgment or an amount determined to be due by default based upon a contract action, such party shall submit, with the order entering judgment, a statement of the principal amount due, which shall not exceed the amount sued for, showing credit for any payments and the amounts and dates thereof, and a separate computation of interest, if prayed for, to date of judgment. To such statement shall be appended an affidavit of the party or a certificate of his or her attorney showing that the party against whom judgment is sought is not a minor or incompetent person or in the military service, that such amount shown by the statement is justly due and owing, and that no part thereof has been paid except as set forth in the statement.

   When a party is entitled to a monetary judgment on all other actions, such party shall adduce evidence in proof of damages. Such evidence shall be under oath unless waived by the court. Such party, in addition, shall submit an affidavit of the party or the certificate of the party's attorney that the party against whom the judgment is sought is not a minor or incompetent person or in the military service.

   If further documentation, proof, or hearing is required, the court shall so notify the moving party.

§ 6-1508 amended June 9, 2021, effective January 1, 2022.

   It shall be the duty of attorneys to immediately notify the court of the dismissal, settlement, or other final disposition of any case. Upon notice to the court or to the clerk that an action has been settled, counsel shall file, within 30 days thereafter, unless otherwise directed by written order, such pleadings as are necessary to terminate the action; upon failure to do so, the court may order dismissal of the action without further notice and without prejudice to the right to secure reinstatement of the case within 60 days after the date of said order by making a showing of good cause as to why settlement was not in fact consummated.

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

   (B) Upon entry of any judgment or final order in any case, and after the time for appeal has expired, the attorney of record shall no longer be deemed to continue as the attorney of record unless he or she shall have entered a new appearance in the case.

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

§ 6-1510 amended June 9, 2021, effective January 1, 2022; § 6-1510 amended November 17, 2021, effective January 1, 2022.

   (A) Attendance: All parties and their attorneys shall be present in the courtroom and prepared to proceed at the hour set for hearing by the court. Unjustified failure to appear shall subject the case to dismissal or disciplinary action to the attorneys concerned.

   (B) Attire: Attorneys shall be attired in ordinary business wear.

   (C) Conduct in Courtroom: When the judge enters the courtroom, those present shall rise and remain standing until the judge is seated. When sessions of court are recessed or concluded, those present shall remain in their seats until the judge or jury has left the courtroom.

   Except when it is necessary for counsel to approach a witness or exhibit, the examination of witnesses shall be conducted while seated at the counsel table or, if the courtroom is equipped with an attorney's lectern, from the lectern.

   Except upon express permission of the judge, all communications to the court shall be made from the counsel table or lectern.

   Counsel shall not approach opposing counsel, the bench, the witness, the court reporter's desk, the clerk's desk, or otherwise move from the counsel table or lectern without the permission of the court, except to make a voir dire examination, opening statement, or closing argument, or to present an exhibit for identification.

   Counsel shall not participate in colloquy with opposing counsel, whether audible or inaudible, without the permission of the court.

   If any counsel, including co-counsel, wishes to leave the courtroom, permission of the court shall be obtained. No counsel shall leave during the testimony of any witness he or she is examining, or has examined, without the permission of the court.

   Witnesses and parties shall be referred to and addressed by their surnames. Only one counsel for each party shall examine a witness or make objections during the testimony of such witness.

   Counsel shall not approach a witness without permission of the court.

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

   No person shall possess any firearm or other dangerous weapon in the courtroom or in any public area adjacent to it without the permission of the court.

   Upon order of the court, any person may be subjected to a search of his or her person and possessions for any weapons, destructive device, or components thereof.

   Jurors, either prospective or selected, shall not mingle or converse with counsel, litigants, witnesses, or spectators during the trial of a case.

   (A) Sheriff's Duties: The sheriff or designated deputy shall be in attendance at all times when the court is in session, unless excused by the court.

The sheriff shall maintain order in the courtroom and shall correct or repress all improper deportment so as not to interrupt the orderly process of the court, without any express order from the court.

   (B) Bailiff's Duties: The bailiff shall have and carry out such duties as may be assigned to the bailiff by the court, including, but not limited to, the following:

Before beginning each session of court, the bailiff shall see that the jury and all required court personnel are in their proper places, and the bailiff shall notify the court. The bailiff shall be responsible for the comfort and welfare of any juror under the bailiff's charge and for compliance with the rules attendant on jurors. The bailiff shall immediately notify the court of all communications from the jurors to the bailiff, and the bailiff shall not respond to any such communication without the direction of the court.

   (C) Duties of the Clerk of the Court:

   (1) The clerk of the district court shall be present at all times during the sessions of the court, either in person or by deputy, unless excused by the court.

   (2) The clerk shall prepare and maintain such dockets and records as may be required by the court, Supreme Court rule, or the statutes of Nebraska.

   (3) The clerk shall have the following duties in addition to all statutory duties, if so directed by the court:

   (a) The clerk shall immediately, upon receipt, notify the court and sheriff of the return of any mandate from the Nebraska Supreme Court in every criminal case, and notify the court in every civil case.

   (b) The clerk shall have such other and additional duties, not inconsistent with the responsibilities of the office, as may be directed by the court.

   All court personnel, including, but not limited to, sheriffs, deputy sheriffs, court clerks, bailiffs, court reporters, law clerks, secretaries, or other employees of the court shall not disclose, without authorization by the court, to any person any information relating to a pending case that is not part of the public records of the court.

   Court personnel shall not communicate in any form or manner, directly or indirectly, with any member of a jury panel, any venireperson, or any juror any facts, opinions, or information of any nature directly or indirectly related to any cause pending before the court to which personnel are assigned.

   (A) Statements Not to be Made: A lawyer shall not make an extrajudicial statement that the lawyer knows or reasonably should know will have a substantial likelihood of materially prejudicing an adjudicative proceeding. An extrajudicial statement ordinarily is likely to have such an effect when it refers to a civil matter triable to a jury, or a criminal matter or proceeding that could result in incarceration, and the statement relates to:

   (1) The character, credibility, reputation, or criminal record of a party, suspect in a criminal investigation, or witness, or the identity of a witness, or the expected testimony of a party or witness;

   (2) The performance or results of any examination or test or the refusal or failure of a person to submit to an examination or test, or the identity or nature of physical evidence expected to be presented;

   (3) Any opinion as to the guilt or innocence of a defendant or suspect in a criminal case or proceeding that could result in incarceration; or

   (4) Information the lawyer knows or reasonably should know is likely to be inadmissible as evidence in a trial and would, if disclosed, create a substantial risk of prejudicing an impartial trial.

   (B) Statements Which May be Made: A lawyer involved in the investigation or litigation of a matter may state without elaboration:

   (1) The general nature of the claim or defense;

   (2) Information contained in a public record;

   (3) That investigation of the matter is in progress, including the general scope of the investigation, the offense, claim, or defense involved, and, except when prohibited by law, the identity of the person involved;

   (4) The scheduling or result of any step in litigation;

   (5) A request for assistance in obtaining evidence and information necessary thereto;

   (6) A warning of danger concerning the behavior of a person involved, when there is reason to believe that such danger exists; and

   (7) In a criminal case, a lawyer may disclose:

   (a) The identity, residence, occupation, and family status of the defendant or suspect;

   (b) If the defendant or suspect has not been apprehended, information necessary to aid in apprehension of that person;

   (c) The fact, time, and place of arrest, and resistance, pursuit, and use of weapons; and

   (d) The identity of investigating and arresting officers or agencies and the length of that investigation.

   Every purchaser at a judicial sale held by a sheriff, receiver, referee, or master commissioner, except a lienholder to the extent that he or she uses his or her lien as his or her bid, shall, at the time of acceptance of the bid, deposit with the sheriff, receiver, referee, or master commissioner, a sum equal to 15 percent of the bid to be held for disposition on the further order of the court.

   (A) Voir Dire Examination of Prospective Jurors:

   (1) Questions are to be asked collectively of the entire panel whenever possible.

   (2) The case may not be argued in any way while questioning the jurors.

   (3) Prospective jurors may not be questioned concerning anticipated instructions or theories of law and may not be asked for promises or commitments as to the kind of verdict they would return under any given circumstance.

   (B) Objections and Motions: Objections and motions during trial, and the grounds therefor, shall be briefly and succinctly stated to the trial judge. If either counsel desires to be heard further, a request may be made to the trial judge, but arguments on such matters shall not be made without permission of the court.

   (C) Argument to Jury: The length of time allotted to each side for the final argument shall be determined by the court, after giving due consideration to the nature and duration of the trial and the amount of time requested by each side.

   In order to fulfill the purpose of Neb. Rev. Stat. § 29-2524.01, the following procedure is established: The county attorney shall complete the reporting form (Appendix 1) and forward the form to the State Court Administrator within 30 days of the disposition of the case.

Rule 17 adopted November 18, 1998. Renumbered and codified as § 6-1517, effective July 18, 2008; § 6-1517 amended May 8, 2013.

   (A) Bills of exceptions from county court. In appeals from the county court to the district court and where a bill of exceptions is requested to be prepared, the bill of exceptions filed in the county court proceeding shall be transmitted electronically from the county court to the district court and filed in the district court. Upon filng the bill of exceptions, the clerk of the district court shall send notice to the parties using JUSTICE procedures. The bill of exceptions shall be the official record of the proceedings and shall be considered by the district court without being offered and received in evidence.

   (B) Statement of errors.

   Within 20 days of filing the bill of exceptions in an appeal to the district court, the appellant shall file with the district court a statement of errors which shall consist of a separate, concise statement of each error a party contends was made by the trial court. Each assignment of error shall be separately numbered and paragraphed. Consideration of the cause will be limited to errors assigned, provided that the district court may, at its option, notice plain error not assigned. This rule shall not apply to small claims appeals.

   (C) Mandates.

    (1) Within 2 judicial days after the decision of the district court becomes final, the clerk shall issue a mandate and transmit the same to the clerk of the county court on the form prescribed by the Nebraska Supreme Court together with a copy of the district court’s decision.

   (2) The clerk shall notify the clerk of the county court if any matter appealed from the county court is thereafter appealed to the Supreme Court or Court of Appeals. Such notice shall be sent to the county court within 2 days after the date the notice of appeal is filed in the district court.

   (3) The clerk shall notify the clerk of the county court of receipt of a mandate from the Supreme Court or Court of Appeals within 2 days after the mandate is received by the district court on cases that originated in the county court.

   (D) Bills of Exceptions From Other Tribunals.

   (1) Any court reporting personnel approved by the court, board, or tribunal from which the appeal or error proceedings is taken may attend and record the trial or proceedings and prepare a bill of exceptions, certified to be true and complete by such court reporting personnel, and file the same with the chief clerical officer of such court, board, or tribunal who shall certify the bill of exceptions as the official record of the proceedings. Proposed amendments not agreed to shall be heard and determined by such court, board, or tribunal as provided in Neb. Ct. R. App. P. § 2-105(G). The completed bill of exceptions shall be filed electronically in the district court within the time provided by law and, if no time be fixed, before the case is submitted to the reviewing court.

   (2) The clerk of the district court shall promptly notify the court reporting personnel serving the district court judge to whom the case is assigned of the filing of the bill of exceptions from the court, board, or tribunal. Said court reporting personnel shall review the bill of exceptions for the purpose of determining whether it has been prepared in compliance with Neb. Ct. R. App. P. §§ 2-105.01 and 2-105.02. If in the opinion of the court reporting personnel the bill of exceptions has not been so prepared, the court reporting personnel shall advise the judge to whom the case is assigned for such action as the judge deems appropriate.

   (3) The bill of exceptions from the court, board, or tribunal filed in the district court shall be the official record and shall be considered by the district court without being offered and received in evidence.

   (E) The absence of a mandatory document from the transcript must be raised by a party prior to submission of the appeal to the district court.

Rule 18 amended November 18, 1998. Renumbered and codified as § 6-1518, effective July 18, 2008; § 6-1518 amended June 9, 2021, effective January 1, 2022; § 6-1518(A) and (B) amended August 23, 2023, effective November 1, 2023.

   Upon the showing of good cause, a rule may be suspended in a particular instance in order to avoid a manifest injustice.

Rule 19 amended November 18, 1998. Renumbered and codified as § 6-1519, effective July 18, 2008.

   (A) Any person who does not have access to the court-authorized service provided, may inspect the electronic transcript and bill of exceptions at the office of the clerk of the trial court at the computer terminal provided. Confidential or sealed records shall not be inspected except by leave of the court. Paper copies of a transcript or bill of exceptions shall not be printed by the clerk unless the requestor pays for a copy of the requested record.

   If a litigant has been allowed to proceed in forma pauperis in the action in which the request for a record has been made, a copy shall be printed by the clerk at no cost to the litigant. Except for good cause show, any additional copies of the transcript and/or the bill of exceptions once provided to a litigant on an in forma pauperis basis shall be prepared at the litigant's costs.

   (B) When a request is made to the clerk of the district court for a transcript of pleadings by or on behalf of any incarcerated person for that person's case on appeal, the clerk of the trial court shall print  a copy to be sent to the incarcerated person at the correctional center where he or she resides. The cost shall be paid by the person making the request unless the person has been allowed to proceed in forma pauperis in the action in which the request for a record has been made. Except for good cause shown, any additional copies of the transcript once provided to a litigant on an in forma pauperis basis shall be prepared at the litigant's cost.

   (C) When a request is made by or on behalf of any incarcerated person for a copy of a bill of exceptions for that person's case on appeal, the clerk shall print a copy at the prescribed rate for copies and send it to the incarcerated person at the correctional center where he or she resides. The copy shall contain the index of exhibits but shall not include exhibits. The cost shall be paid by the person making the request unless that person has been allowed to proceed in forma pauperis in the action in which the request for a record has been made. Except for good cause shown, any additional copies of the bill of exceptions once provided to a litigant on an in forma pauperis basis shall be provided at the litigant's cost. An incarcerated person may request copies of exhibits by filing a motion with the court having jurisdiction of the case and shall pay for costs of such copies unless allowed to proceed in forma pauperis in the action.

   (D) Where a request for a copy of a transcript or a bill of exceptions is made on an in forma pauperis basis and an action is not pending, good cause must be shown by the litigant making the request for the necessity of a copy. A printed copy shall be provided only upon an order of the court.

Rule 20 adopted December 29, 1999; amended September 27, 2000; amended May 21, 2003. Renumbered and codified as § 6-1520, effective July 18, 2008; § 6-1520 amended June 9, 2010; § 6-1520 amended June 9, 2021, effective January 1, 2022; § 6-1520 amended November 17, 2021, effective January 1, 2022.

   The following privacy rules shall apply to all pleadings, documents, exhibits, court orders, judgments, and decrees filed in all civil actions in the district courts of Nebraska:

   (A) This rule seeks to prevent birth dates, gender, Social Security numbers, and financial account numbers of all persons, including minor children, from being included in court records generally available to the public.

   (B) Separate document. The personal and financial information identified in § 6-1521(A) shall be set forth in a separate document as set forth in Appendix 3 to these rules.

   (1) Electronic submission. Such separate document shall be submitted electronically as provided by Neb. Ct. R. § 2-210.

   (2) Paper submission. If the document is submitted in paper form, it shall contain, at the top of the first page, the following language, in bold type: This document is confidential and shall not be made part of the court file or provided to the public pursuant to Neb. Ct. R. § 6-1521. The clerk of the court shall keep the document separate from the case file but accessible to judges and court staff.

   (3) Storage of document and/or data. If the document is submitted in electronic form, or converted from paper form to electronic form, the electronic document or the data contained therein may be reproduced or stored in JUSTICE or other court case and financial management system. Such electronic document, image, or data shall be electronically marked and shall not be accessible or viewable by the public, except as expressly authorized by written court order.

   (4) Access to documents and/or data by government agencies and officials. Unless otherwise provided by statute, court rule, or court order, access to such electronic documents, images, or data by governmental agencies and officials shall be implemented by agency agreements approved by the Nebraska Supreme Court. Application for access to such electronic document, image, or data by government agencies and officials shall be made by such agency or official on the form provided at Appendix 4, which shall include all information as requested on Appendix 4.

   (C) The personal and financial information identified in § 6-1521(A) shall not be included in any pleading or document submitted by a party or counsel for filing with the court, except by reference to a separate Appendix 3 document. An Appendix 3 document shall be separately tendered with any such pleading or other document, and if the Appendix 3 document is submitted in electronic form, it shall be identified in the filing transmittal as a confidential Appendix 3 submission. The form in Appendix 3 is mandatory with respect to the information identified in § 6-1521(A), but a party, attorney, or court may include in the Appendix 3 form additional personal or financial information sought to be protected. 

   (D) The personal and financial information identified in § 6-1521(A) shall not be included in any court order, judgment, or decree, including, but not limited to, any decree of dissolution of marriage, decree of legal separation, order of paternity, qualified domestic relations order, or other child support order or order of modification, except by reference to a separate Appendix 3 document. Where the court finds that an order, judgment, or decree must contain Social Security numbers or other personal information stated in § 6-1521(A), the court shall have the original order sealed and provide in the case file a redacted version of the order for public view.

   (E) No exhibit used at trial shall contain a complete account number for any financial accounts or debts of any party. The same shall be redacted by the person offering the exhibit to the extent necessary to protect the information from misuse. By agreement of the parties, or as directed by the court, financial account information shall be identified in all pleadings, other documents and court orders, judgments, or decrees in such a manner as the parties, counsel, court, and jury may be able to distinguish information between similar accounts or debts, or as may be necessary to establish relevance to the matter being litigated.

   (F) The name, birth date, gender, and Social Security number information of parties sought to be protected by this rule may be furnished to the clerk of the court by the parties prior to issuance of any order or decree. This information shall be furnished by submitting the form provided in Appendix 3. Protection of this information shall be as set forth in § 6-1521(B). Where a party or counsel is required by statute or rule to furnish information identified in § 6-1521(A) to a court or clerk of the court but such information is not required to be filed, the clerk of the court shall not place such information in the court file or allow such information to be accessible to the public.

   (G) The responsibility for redacting personal and financial data set forth in § 6-1521(A) rests solely with counsel and the parties. The clerk of the court shall not be required to review documents for compliance with this rule. If a clerk of the court identifies a violation of this rule, the clerk may, at his or her option, provide a redacted document for public access. However, the clerk electing to provide a redacted copy for public access shall maintain the original document without any alterations thereof, which document shall only be available to the court and the parties or the parties' counsel.

Rule 21 adopted April 16, 2008. Renumbered and codified as § 6-1521, effective July 18, 2008; § 16-1521(B) and (F) amended January 27, 2010; § 6-1521(B) amended May 16, 2012; § 6-1521 amended June 9, 2021, effective January 1, 2022; § 6-1521 amended November 17, 2021, effective January 1, 2022.

   (A) In any civil action in the District Court after issues have been joined the court may in its discretion direct the attorneys for the parties to appear before it for a conference to consider:

   (1) The simplification of issues;

   (2) The necessity or desirability of amendments to the pleadings;

   (3) The possibility of obtaining admissions of fact and of documents which will avoid unnecessary proof;

   (4) The limitation of the number of witnesses with a view of avoiding improper cumulative testimony;

   (5) The advisability of a preliminary reference of issues to a master for findings to be used as evidence when the trial is to be by jury;

   (6) Such other matters as may aid in the disposition of the action.

   (B) The court shall at the time of the pretrial hearing make a record of the proceedings which recites the action taken at the conference, the amendments allowed to the pleadings, and the amendments made by the parties as to any of the matters considered, and which limit the issues for trial to those not disposed of by admissions or agreements of counsel; that counsel shall forthwith acknowledge their assent thereto, or, in the alternative, state into the record any and all objections they may have thereto; and such order when entered controls the subsequent cause of the action, unless modified at the trial to prevent manifest injustice. The court in its discretion may establish by rule a pretrial calendar on which actions may be placed for consideration as above provided and may either confine the calendar to jury actions or to nonjury actions or extend it to all actions.

   The following rule shall apply to all district courts in the State of Nebraska pursuant to Neb. Rev. Stat. § 25-2209.

   (A) Each clerk of the district court shall maintain the following records on the court's electronic case managment system:

   (1) Register of actions

  (2) Trial docket

   (3) Judge's docket notes

   (4) Financial record

   (5) General index

   (6) Judgment index

   (7) Case file

   Unless otherwise specified herein, all records listed above shall be maintained on the State of Nebraska's electronic case management system known as JUSTICE (Judicial Users System to Improve Court Efficiency).

   (B) Register of actions.

   The register of actions means the offical court record and is a summary of the case and is kept chronologically as cases are filed. The register of actions shall provide the following information:

   (1) case identification number, which captures the case type, year of initial filing, and sequential number of the case,

   (2) case caption,

   (3) case subtype,

   (4) name of judge,

   (5) filing dates of the complaint, petition, or other initial filings, and all subsequent filings,

   (6) date of issuance of, return date of, and the return of summons, and

   (7) other information pursuant to JUSTICE procedures.

   (C) Trial docket.

   The trial docket is a listing of cases at issue in the order they were made up and should serve as the order in which the cases are called for trial as provided by Neb. Rev. Stat. § 25-2211.

   The trial docket shall be maintained in electronic format in JUSTICE's Case Scheduler or in an alternative manual or electronic calendaring system. Information on status and progression are provided in the Supreme Court Progression Standards report.

   (D) Judge's docket notes.

   Judge's docket notes means the notations of the judge detailing the actions in a court proceeding and the entering of orders and judgments.

   Judge's docket notes shall be maintained electronically and viewed using JUSTICE procedures.

   (E) Financial record.

   The financial record means the financial accounting of the court and includes records of all money receipted and disbursed by the court and the receipts and disbursements of all money held as an investment.

   The financial record shall be maintained in electronic format in JUSTICE's Receipt/Disbursement History and Costs Worksheet.

   (F) General index.

   The general index is an alphabetical listing of names of the parties to the suit, both direct and inverse, with the case identification number where all proceedings in such action may be found.

   The general index shall be maintained in electronic format in JUSTICE's General Index.

   (G) Judgment index.

   The judgment index shall contain:

   (1) the names of the judgment debtor and judgment creditor, arranged alphabetically,

   (2) the case identification number where judgment may be found.

   All judgments entered in the district court and any transcripts of judgments from county courts filed in the district court shall be entered upon the judgment index. Whenever any judgment is paid and satisfaction of judgment is filed, the clerk shall enter such fact upon the judgment index.

   The judgment index shall be maintained in electronic format in JUSTICE's Judgment Index and Judgment Inquiry.

   (H) Case file.

   Each district court shall maintain a case file which is numbered with an electronically generated case number. Each case shall be accessible alphabetically through the General Index in JUSTICE.  The case file shall contain the complaint or petition, all subsequent pleadings, motions, orders, judgments, verdicts, and other documents filed in the case.

   The case file shall be maintained either in a paper volume, on microfilm, or for documents filed or maintained electronically, as electronic images accessed through JUSTICE Register of Actions.

Rules 22 - 32 (exclusive of Rule 21) adopted October 15, 1992; amended June 4, 2008, effective June 18, 2008. Renumbered and codified as §§ 6-1522 - 6-1532, effective July 18, 2008; amended and incorporated into § 6-1523 December 23, 2008; § 6-1523 amended June 9, 2021, effective January 1, 2022.

   The following privacy rules shall apply to all pleadings and documents filed in all criminal actions in the district courts of Nebraska.

   (A) Redacted Filings. In any filing with the court that contains an individual's Social Security number; a taxpayer identification number; a birth date; the name of an individual known to be a minor; or a financial account number, a party or nonparty making the filing may include only, unless otherwise ordered by the court:

   (1) a reference to Social Security number or taxpayer identification number (no digits);

   (2) the year of the individual's birth;

   (3) a minor child's initials;

   (4) the last four digits of a financial account number.

   (B) Exemptions. The redaction requirement does not apply to the following:

   (1) the date of birth of a defendant or person subject to detention;

   (2) the name of a defendant or person subject to detention;

   (3) a financial account number or real property address that identifies the account or property allegedly subject to forfeiture in a forfeiture proceeding;

   (4) the record of an administrative or agency proceeding;

   (5) the record of a court or tribunal, if that record was not subject to this rule when originally filed;

   (6) a filing covered by § 6-1524(D).

   (C) Victim Information. Personal identifying information, other than a victim's name, shall be prevented from being disclosed on pleadings and documents filed in criminal actions that may be available to the public.  Victims eligible for protection are defined in Neb. Rev. Stat. § 29-119. The Crime Victim Information Form, as set forth in Appendix 5 shall:

   (1) be completed by the County Attorney (or deputy) at initial filing;

   (2) be separately tendered with any such pleading or other document, pursuant to Neb. Ct. R. § 2-210;

   (3) always have the following language visible, "THIS DOCUMENT IS CONFIDENTIAL AND SHALL NOT BE PART OF THE COURT FILE OR PROVIDED TO THE PUBLIC PURSUANT TO N.R.S 81-1848." The clerk of the court shall keep the document separate from the case file but accessible to the judges and court staff.  If the document is submitted in electronic form, or converted from paper form to electronic form, the electronic document or the data contained therein may be reproduced or stored in JUSTICE or other court case management system. Such document, image, or data shall be electronically marked and shall not be accessible or viewable by the public.

The personal identifying information identified in Crime Victim Information Form, Appendix 5, shall not be included in any court order or judgment.

   (D) Filings Made Under Seal. The court may, on its own motion or for good cause shown, order that a filing be made under seal without redaction. See Neb. Ct. R. § 2-210. The court may later unseal the filing or order the person who made the filing to file a redacted version for the public record.

   (E) Protective Orders. For good cause, the court may by order in a case:

   (1) require redaction of additional information; or

   (2) limit or prohibit a nonparty's access to a document filed with the court.

   (F) Option for Additional Unredacted Filing Under Seal. A person making a redacted filing may also file an unredacted copy under seal. The court shall retain the unredacted copy as part of the record, under seal. The person making the filing shall follow the procedures set forth in § 2-210.

   (G) Option for Filing a Reference List. A filing that contains information set forth as provided by § 6-1524(A) may be filed together with a reference list that identifies each item of redacted information and specifies an appropriate identifier that uniquely corresponds to each item listed. The reference list shall be filed under seal and may be amended as of right. The court shall retain the reference list as part of the record, under seal. Any reference in the case to a listed identifier will be construed to refer to the corresponding item of information as stated on the reference list.

   (H) The responsibility for redacting information set forth in § 6-1524(A) rests solely with counsel of record. The clerk of the court shall not be required to review documents for compliance with this rule. If a clerk of the court identifies a violation of this rule, the clerk may, at his or her option, provide a redacted document for public access. However, the clerk electing to provide a redacted copy for public access shall maintain the original document without any alterations thereof, which document shall only be available to the court and to the parties or counsel of record.

§ 6-1524 adopted February 27, 2013; § 6-1524 amended September 16, 2015; § 6-1524  amended June 9, 2021, effective January 1, 2022.

   (A) Every judicial district shall have a transparent process for appointment of counsel for indigent defendants as provided in Neb. Rev. Stat. §§ 29-3901 to 29-3908.

   (B) The county court and district court judges of each judicial district shall maintain a local rule for the judicial district regarding appointment of counsel in criminal cases. Such local rule shall be made public and shall include, but not be limited to:

   (1) Provision for maintenance of a list of all licensed attorneys who may be expected to accept appointments in criminal cases in the judicial district, and information on obtaining such list from the court;

   (2) The judicial district's process for appointments under Neb. Rev. Stat. §§ 29-3901 to 29-3908; and

   (3) Information as to how an attorney may be added to or, if permitted, removed from the court-appointed attorney list.

   (C) Such local rule shall be governed by § 6-1501.

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

§ 6-1525 adopted February 12, 2014; § 6-1525 amended June 9, 2021, effective January 1, 2022; § 6-1525 amended November 17, 2021, effective January 1, 2022.

   (A) Moving Party's Materials in Support of Motion. When a motion for summary judgment or partial summary judgment is filed, the moving party must simultaneously file with the clerk and serve on all parties of record:

   (1) an Evidence Index in Support listing all evidence to be offered in support of the motion for summary judgment; and

   (2) an Annotated Statement of Undisputed Facts setting forth concise, numbered paragraphs reciting each proposed material fact as to which the moving party contends there is no genuine dispute, annotated by pinpoint citation to the supporting evidence in the Evidence Index in Support.

   Failure to submit such a Statement may constitute grounds for denial of the motion.

   (B) Opposing Party's Materials in Opposition. Each party opposing a motion for summary judgment or partial summary judgment must file with the clerk and serve on all parties of record:

   (1) an Evidence Index in Opposition listing all evidence to be offered in opposition to the motion for summary judgment; and

   (2) an Annotated Statement of Disputed Facts setting forth concise, numbered paragraphs reciting each proposed material fact of the moving party as to which the opposing party contends there is a genuine dispute, annotated by pinpoint citation to the supporting evidence in the Evidence Index in Opposition.

   Failure to submit such a Statement may constitute grounds for sustaining the motion.

   (C) For purposes of this rule, where competing motions are filed, a party shall be considered as the moving party regarding a motion or motions asserted by that party and as an opposing party regarding a motion or motions asserted by another party.

   (D) The assigned judge is expected to schedule deadlines for compliance with this rule and the summary judgment statutes so as to ensure a fair opportunity for all parties to present their evidence. The judge may, in the judge's discretion, extend any deadline for compliance with any requirement under this rule.

   (E) The documents required by this rule shall not be included within a brief submitted on behalf of a party.

§ 6-1526 adopted September 5, 2018; § 6-1526 amended June 9, 2021, effective January 1, 2022.

   (A) Record. If a case removed to federal court is remanded to a district court of this State, the defendant(s) must file with the clerk of the district court a record of the federal court case within 14 days after the date the remand order is file stamped by the clerk of the district court.

   Before filing the record, the defendant(s) should confer with the plaintiff(s) regarding which documents should be included in the record. The parties should make a good faith effort to agree on which documents should be included.

   The record must be consecutively paginated and contain (1) a table of contents that states the title and initial page number of each pleading or document in the record, (2) a copy of each pleading filed in the federal court case, (3) a copy of each protective order and discovery order entered in the federal court case, (4) a copy of any other document filed in the federal court case that may be relevant to the adjudication of the case on remand, and (5) a certification that the contents of the record are accurate copies of the documents in the federal court’s electronic records.

   The copies must include the federal court header with the federal court case number, document number, filing date, page number, and page identification number. The certification must be made by the attorney(s) for the defendant(s) or, if a defendant(s) is self-represented, by the self-represented defendant(s).

   Within 10 days after the record is filed by the defendant(s), the plaintiff(s) may file a supplemental record. The supplemental record should contain a copy of any document filed in the federal court case that in the judgment of the plaintiff(s) should have been included in the record but was not. The supplemental record must be in the same format as the record.

   For good cause shown, the district court may extend or shorten the time for filing the record or the supplemental record and may grant a party leave to file an additional supplemental record.

   (B) Pleadings and Motions. After remand, repleading is unnecessary unless the district court orders it. Within 20 days of the date on which the remand order was file stamped by the clerk of the district court, a party that was not in default in the federal court case may (1) serve a responsive pleading if the party did not previously serve a responsive pleading or (2) serve a Neb. Ct. R. Pldg. § 6-1112(b), (e), or (f) motion if the party did not previously serve a responsive pleading. Any defenses that were waived pursuant to § 6-1112(h) before the case was removed or that were waived pursuant to Fed. R. Civ. P. 12(h) while the case was pending in federal court may not be revived.

   Any motions that were pending in the federal court case as of the date of the remand order are deemed to have been withdrawn without prejudice.

   (C) Discovery. Any discovery requests or subpoenas that were pending as of the date of the remand order are deemed to have been withdrawn unless the parties agree otherwise.

   If the federal court entered a protective order or a discovery order that is in effect on the date that the remand order is mailed to the district court, the order is deemed to be an order of the district court when the remand order is mailed and the parties are bound by the terms of the order. Either party may file a motion with the district court to vacate or modify the order under the Nebraska Court Rules of Discovery in Civil Cases.

   Any discovery obtained in the federal court case, including depositions, may be used in the district court case as though the discovery had been obtained in the district court case.

§ 6-1527 adopted March 11, 2020.

   (A) On or before January 1, 2022, the county court, district court, and separate juvenile court judges within each judicial district shall jointly adopt a local rule setting out the procedures governing emergency modified court operations in their judicial district.

   (B) Such local rule shall include, but not be limited to:

   (1) Establishing criteria for how the judicial district will determine when emergency modified court operations should be implemented, and when normal court operations should resume;

   (2) Listing the stakeholders within the judicial district to include in planning and implementing any emergency modified court operations.

   (3) Identifying who within the judicial district will coordinate and facilitate communication with the group of justice stakeholders to plan and implement any emergency modified court operations plan;

   (4) Listing all mission essential functions to be considered and addressed in any emergency modified court operations plan; and

   (5) Identifying how court users and the public will be informed when emergency modified court operations are implemented and when they are discontinued.

   (C) Such local rule shall be governed by § 6-1501.

§ 6-1528 adopted November 24, 2021.