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Rule 4. Motions

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   4.1  Contested Motions:

   a. Each courtroom will reserve at least two (2) one-half hours per week during which the court will hear contested motions, which do not involve the testimony of witnesses, including but not limited to motions to dismiss; motions under Rule 12; motions supported by affidavit; motions relating to discovery; and motions for continuance; as well as any other motions or matters which the court, in its discretion, may choose to hear.

   b. All motions, unless stipulated to by the parties, shall be in writing, shall contain a complete certificate of service, and shall contain a notice of hearing.

   c. Prior to calendaring the motion, as designated by the court in Rule 4.1 above, the attorney for the party seeking the hearing on a contested motion shall consult with the court’s bailiff to obtain a specific hearing time for the motion.

   d. In the event of vacation, extended illness, or prolonged absence of the judge to whom the case is assigned, the attorney seeking a hearing upon a motion shall contact the Juvenile Court Administrator’s office to make arrangements regarding a hearing on the motion.

   4.2  Uncontested Motions: The court may grant a motion that is not contested by the parties, as follows:

   a. An uncontested motion, including an uncontested motion to continue, may be filed, which is either signed by all counsel for the parties, or which alleges:

   i. All other parties and counsel agree or have no objection to the relief requested in the motion, and

   ii. Counsel for the moving party has provided all other counsel with a copy of the motion as well as the proposed order to be entered upon the motion.

   b. All such uncontested motions shall be accompanied by a proposed order for the judge’s signature, prepared by at least one of the attorney(s) seeking the order granting the motion.

   c. The court may require the moving party to submit a proposed order signed by all counsel, including parties appearing pro se, designated approved as to form and content.

   d. Such attorney shall promptly send/distribute a copy of the signed order to all counsel of record and to each party who is not represented by counsel.

   4.3  Ex Parte Motions:

   a. The hearing on a probable cause finding granting immediate custody of a juvenile in a delinquency or status offense case shall be heard within twenty-four (24) hours of the juvenile’s being taken into custody, or on the next judicial day.

   b. The hearing on an ex parte order granting immediate temporary custody in a child abuse/neglect case filed under Neb. Rev. Stat. § 43-247(3)(a) shall be heard within ten (10) calendar days of the date of the entry of such order by the court.

   c. All other ex parte motions, excluding those described in Rule 4.3(a) or (b) above, shall be heard within ten (10) calendar days after the ex parte order granting said ex parte motion was signed.

   d. Emergency contact with the court for ex parte orders or otherwise shall first be attempted through the assigned judge, and if that judge is not available, then through the duty judge.


This page was last modified on Friday, September 26, 2014