A. Motion Days-Motion days in Sarpy and Cass counties shall be on Mondays at the times listed below and the motion days in Otoe County shall be on Tuesdays at the times listed below. In the event a motion day is a recognized holiday, each judge, at his or her option, may designate the next recognized working day as a motion day. Unless otherwise prescribed by the assigned judge, preliminary matters are called as shown below:
Courtroom No. 1
Courtroom No. 2
Courtroom No. 4
8:30 Drug Court
Cass County (Funke)
Otoe County (Funke)
Amended effective June 8, 2005; amended effective April 19, 2006; amended effective April 11, 2007 amended effective October 16, 2007; amended effective December 10, 2008; amended effective January 6, 2014.
B. Unless otherwise ordered by the court, all motions (except for temporary allowances), written objections, and other filings of a similar nature, shall cite the legal authorities relied upon, and shall contain a notice of hearing with a date and time selected as set forth above not less than five (5) nor more than thirty (30) days from filing. Absent a notice of hearing or specific directions by the court, the matter will be automatically calendared on the first motion day after five (5) days have passed following filing.
C. Motions (except for contempt or to vacate a judgment) shall be submitted on affidavits and arguments of counsel, unless otherwise ordered. If a moving party fails to appear in support of a pleading at the prescribed time, the same shall be deemed submitted without argument.
D. Hearing on motions for summary judgment, motions to suppress evidence, temporary replevin orders, temporary injunctions, motions for new trial and matters requiring more than five (5) days notice shall be set only after conferring with the assigned trial judge.
E. When a motion is ruled upon, the party required to plead further shall be allowed ten (10) days to further plead, except as is otherwise ordered by the court.
F. Child Support Enforcement-In Sarpy County, child support enforcement cases shall be heard by the Statewide-Referee.
G. Alternative Services-Motions for service by publication are submitted ex parte to the assigned trial judge when filed. The motion shall be accompanied by an affidavit of factual matters establishing the defendant(s) cannot, with reasonable diligence, be served by personal service, residence service, certified mail, or any other matter that would provide the party with actual notice of the proceedings and an opportunity to be heard.
Adopted effective September 22, 1995; amended effective March 5, 1999; Rule 2-2(C) and (F) amended January 3, 2003; Rule 2-2(A) deleted and (B)–(H) renumbered to (A)-(H) and Rule F amended effective October 16, 2007; Rule 2-2(A) amended effective December 10, 2008.