Court of Appeals Call

Court of Appeals Call

Oral arguments before Nebraska’s Appellate Courts can be viewed live from Nebraska Public Media’s Live & On Demand: State Government website.
 

Below is a list of cases which will be called for hearing at the Court of Appeals session scheduled for November 19 and 20, 2024. The case summaries linked to each case are provided to the public by the Clerk of the Supreme Court and Court of Appeals and are for informational purposes only; nothing is to be construed as a factual finding or legal conclusion of the court.

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 by no later than the Wednesday prior to scheduled arguments, 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.

Prior to attending oral argument, parties are required to review the administrative order issued by the Chief Justice on February 8, 2023.  Said administrative order can be found here.
 

Pirtle, Bishop, and Arterburn, Judges
Omaha subject to call at
Roman L. Hruska U.S. Courthouse, Special Proceedings Courtroom, 4th Floor, 111 South 18th Plaza, Omaha, Nebraska
Case Number Case Name County
A-24-0060 Adams v. Fuller
 Douglas
A-24-0064 State v. Mielak
 Lancaster

Review Docket

The following cases are being considered for possible submission without oral argument. See Rule § 2-111(B)(1).  A three judge panel will determine whether oral argument in these cases will be beneficial.  Counsel will be notified no later than 4:00 p.m. on November 13, 2024, whether they need to appear for argument on November 20, 2024, at the Hruska Federal Courthouse, Omaha, Nebraska.
 

Case NumberCase NameCounty
A 23-864   Welch v. WelchGreeley
A 24-072   Lethcoe v. LethcoeSarpy
A 24-115   In re Interest of Lukah C.Douglas
A 24-126   Carrie M. v. EksteinDouglas
A 24-135   In re Interest of Bailey M.Platte
A 24-145   In re Interest of Nevaeh W.Lancaster

 

The following cases are being considered for possible submission without oral argument. See Rule § 2-111(B)(1).  A three judge panel will determine whether oral argument in these cases will be beneficial.  Counsel will be notified no later than 4:00 p.m. on November 13, 2024, whether they need to appear for argument on November 19, 2024, at the Buffalo County Courthouse, Kearney, Nebraska.

Case NumberCase NameCounty
A 23-718   State v. HarrisLancaster
A 23-961   Schommer v. Barry-SchommerDawes
A 23-1004   Spady v PughesAdams
A 23-1048   State v. HillWashington
A 24-159   State v. BiemillerScotts Bluff
A 24-204   In re Interest of Liam T.Johnson

 

 

 

NOTICE
 

Security

When oral arguments are scheduled, admittance to the courtrooms of the Nebraska Supreme Court and Nebraska Court of Appeals is permitted only upon compliance with security requirements.  Before entering the courtrooms you will be required to walk through a metal detecting device.  Personal items, such as brief cases and purses, will be inspected by security personnel on duty.  Therefore, it would be helpful not to bring unnecessary materials to oral arguments.

Entering and exiting the courtroom

Entering and exiting the courtroom is limited to the following time periods:

  • before and after the court session.
  • when a recess is taken by the court.
  • between cases when attorneys are changing places.

Restrictions

  • Under no circumstances are food or drinks to be taken into the courtroom.  Hats and caps shall be removed.
  • Except for assigned oral arguments, silence shall be maintained at all times during the court session.
  • No photographs or recordings of court proceedings are allowed except as provided by Supreme Court Rule 17.
  • All electronic devices should be silenced during oral arguments.  If used during oral arguments, they should be positioned in a manner not to interfere with microphones or recording equipment of the Court.  Internet access may not be available so download documents prior to your arrival at oral arguments.

Lawyer's room

The lawyer’s room, located directly to the south of the courtroom, is now open for attorney use.

Display equipment

A document stand camera and 50" plasma TV are now available in the courtroom for use in displaying exhibits or other documents during oral argument.  If you wish to utilize this equipment, please advise the bailiff prior to the start of the court session.  Instructions regarding the use of this equipment are available on our web site at https://supremecourt.nebraska.gov/sites/default/files/Courts/av-instructional-sheet.pdf. If you require additional information, please contact the Clerk's Office at 2413 State Capitol, 402-471-3731.

Restrooms

A restroom is located outside the lawyer's room.  A women's restroom is located at the end of the hallway to the west of the courtrooms.  A men's restroom is located down the west hallway and around the corner.

Nebraska Supreme Court Policy for Audio Files Available over the internet​

  • Notice to Attorneys

Digital audio files of appellate court proceedings held before the Supreme Court and Court of Appeals (the “Court”) are uploaded to the Judicial Branch website within 24-hours of that day’s oral arguments, unless otherwise directed by the Court. All oral arguments of the Court are livestreamed from the appellate courtrooms through Nebraska Public Media’s Live & On Demand: State Government website, http://nebraskapublicmedia.org, and the video is uploaded and can be found on the Judicial Branch website.

  • Limiting Personal Information

If confidential information is stated on the record in open court, it will become publicly available through the audio file, video file, and live streaming of the oral argument. Since counsel and the parties are solely responsible for guaranteeing that confidential information be protected, the better practice is to avoid stating confidential or sensitive information during oral argument. Also, counsel and the parties are advised that audio files and video files cannot be edited before they are uploaded to the website.

If confidential information is stated during oral argument, counsel or the parties may move the Court to seal, restrict, or otherwise prohibit placement of the audio file or video file on the Judicial Branch website.

  • Privacy Rules

Nebraska court rules protect certain personal and financial information from public disclosure at the trial court level. See Neb. Ct. R. App. P. §§ 6-1521, 6-1464, and 6-1701. These rules are available on the Judicial Branch website under the Rules tab. If such protected information is stated during oral argument, before the Court, it will become available to the public through the placement of the audio file and video file on the Judicial Branch website or through the live streaming of oral argument.

Revised: 12/1/2022