Court of Appeals Call

Court of Appeals Call

When placed upon the final call, cases will not be continued except on motion and for urgent necessity shown. All cases placed on the call of the Court of Appeals are subject to review for possible submission without oral argument pursuant to Neb. Ct. R. App. P. § 2-111(b)(1).  Unless a case is removed from the call by order of the court on or before September 30, 2020, the case will proceed to oral argument as set out below.

Unless otherwise indicated, the time allotted for the presentation of arguments is limited to 10 minutes per side.  This is a maximum allowance and counsel are not required to use the full time allotted.

During oral argument, when the timing light changes from green to amber, this means you are into your rebuttal time, which is 2 minutes, unless you have reserved a greater or lesser time.  However, whatever rebuttal time you have asked to be reserved, your only notification will be the amber light.  If you choose to continue arguing after the amber light, and the red light appears, you are completely out of time and have waived rebuttal.

Oral arguments in the appellate courts will be assigned specific times to promote social distancing and allow cleaning between arguments.  Face masks will be required to enter the courtroom and will only be removed during an attorney or party’s argument.   Tables and lectern have all been spaced in accordance with recommendations from the Centers for Disease Control for social distancing.   While the Courtroom remains open to the public, spectator seating has been reduced to allow for social distancing.  All individuals entering the courtroom will be screened asking the following:

  1. Have you traveled by cruise ship or to a country listed by the Centers for Disease Control and Prevention as a Level 3 Travel Health Notice area within the last 14 days of the scheduled oral argument, or do you live with or have close contact with someone who has?
  2. Have you tested positive, been placed in quarantine, or self-quarantined due to COVID-19 within the last 14 days?
  3. Has anyone with whom you have been in close contact tested positive, been placed in quarantine, or self-quarantined due to COVID-19 within the last 14 days?
  4. Today, or in the last 14 days, have you experienced:
  • Fever (over 100.4°)
  • Shortness of breath or other respiratory illnesses
  • Coughing
  • Sore throat that cannot be attributed to an underlying or previously recognized condition
  • Diarrhea
  • Loss of sense of taste or smell
  • Muscle pain or fatigue

If an attorney or party who intends to present oral argument determines that they would have to answer yes to any of these questions when screened before entering the courtroom, they should immediately notify the Clerk’s office and file a motion to have their case heard using web-conferencing software.

Moore, Bishop, and Welch, Judges
Tuesday, October 6, 2020   Lincoln   subject to call at 9:00 AM

Court of Appeals Courtroom, State Capitol, Lincoln, Nebraska

Case Number Case Name County
A-19-1141 Sommer v. Sommer
Douglas
Wednesday, October 7, 2020   Lincoln   subject to call at 9:00 AM

Court of Appeals Courtroom, State Capitol, Lincoln, Nebraska

Case Number Case Name County
A-20-0038 In re Interest of Lincoln C.
Scotts Bluff
A-20-0084 Kelly v. Kelly
Saunders
A-20-0144)
A-20-0145)
A-20-0146)
In re Interest of Memmorie L. et al.
Seward
Pirtle, Chief Judge, Riedmann, and Arterburn, Judges
Tuesday, October 6, 2020   Lincoln   subject to call at 1:00 PM

Court of Appeals Courtroom, State Capitol, Lincoln, Nebraska

Case Number Case Name County
A-19-1111 Summit Restoration, Inc. v. Keller
Sarpy
A-19-0948 State v. Ramos
Johnson
A-20-0137 City of Madison v. Cowans
Madison
A-20-0043 Chmelka v. Chmelka
Saunders