Rule 2-8. Trial Assignments

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Rule 2-8. Trial Assignments

   A. Criminal Cases: Criminal cases shall be set for both pretrial conference and for trial at the discretion of the judge presiding over the case on or about the date that the defendant files a written waiver of arraignment. Written waivers of arraignment are required. See Attachment C (Written Waiver of Arraignment) and Attachment D (Written Waiver of Preliminary Hearing).

   (1) Progression Order. As soon after filing of a case as is practicable, the Court may enter an order of progression for the case. The progression order may include the mandatory exchange of information, discovery deadlines, provision for disclosure of expert witnesses, the date of the pretrial conference, the trial term at which the case will be tried or the trial date, together with such other provisions as the court may deem appropriate.

   B. Civil Cases: All civil (law or equity) and domestic cases shall be set for trial by the assigned trial judge in accordance with the following procedures:

   (1) Trial. Trial assignment priority shall be within the discretion of the judge assigned to the case. Civil jury trials will be scheduled during the third week of every other month, or as otherwise determined by the Court.

   (2) Progression Order. As soon after filing of a case as is practicable, the court may enter an order of progression for the case. The progression order may include the mandatory exchange of information, discovery deadlines, provision for disclosure of expert witnesses, the date of the pretrial conference, the trial term at which the case will be tried or the trial date, together with such other provisions as the court may deem appropriate.

   C. Domestic Actions:

   (1) Progression Order. As soon after filing of a case as is practicable, the court may enter an order of progression for the case. The progression order may include the mandatory exchange of information, discovery deadlines, provision for disclosure of expert witnesses, the date of the pretrial conference, the trial term at which the case will be tried or the trial date, together with such other provisions as the court may deem appropriate.

   (2) Property Statements. Where the action involves a division of property by the court, each party shall prepare a property statement setting forth assets, liabilities, and any other information concerning property germane to the case at bar. The party filing the action, i.e., the petitioner, shall have sixty (60) days from the date of service to prepare the property statement, and then will furnish a copy to the opposing party. The responding party shall then complete the property statement by adding to it any additional property and that party’s estimates of value of all property listed. The responding party’s additions shall be served upon the initiating party within thirty (30) days after the filing of the initial statement. When property division is contested at final hearing, the parties shall prepare a joint property statement for use as an exhibit. Either party may receive an extension of time for filing or completing property statements on written motion and good cause shown. Except by agreement of the parties or order of the court, amendments to the property statement shall not be permitted unless filed at least ten (10) days prior to trial. Property statements shall not be filed with the court, but proof of service shall be filed.

   (3) Temporary Hearing. Unless otherwise ordered, temporary applications shall be governed by Neb. Ct. R. § 6-1504 and Neb. Rev. Stat. § 43-2930. Except where a party appears as a self-represented litigant and live testimony is required, or unless otherwise ordered, evidence shall be submitted by affidavits, which shall be exchanged by the parties at least forty-eight (48) business hours prior to the hearing, i.e., affidavits for a Monday hearing are due by close of business on the previous Wednesday, etc. Except for good cause shown, no more than five (5) affidavits, or alternatively, no more than twenty-five (25) total affidavit pages (including exhibits attached thereto), will be considered by the court at the time of the temporary hearing. Pay stubs, W-2s, and Child Support Worksheets do not count against the total of 25 pages that is allowed for each party. All affidavits shall be submitted with standard-sized font and margins. Any affidavits that do not comply with the aforementioned requirements may not be considered by the court for purposes of the temporary hearing. No “reply” or “responsive” affidavits are permitted. All temporary hearings shall be scheduled within 14 days of the filing of the motion for temporary relief and shall be set for no longer than 15 minutes. Parties to notify the court if a temporary hearing is expected to take longer than 15 minutes, and it will be set for special setting beyond the aforementioned 14 days. Counsel shall submit a proposed temporary order in Microsoft Word format.

   (4) Ex Parte Custody Orders. No ex parte order shall be entered in a domestic relations case without one (1) or more supporting affidavits from a party or his or her witnesses. Except for good cause shown, no ex parte temporary order shall be entered in a pending case if the opposing party is represented by counsel or a guardian ad litem/attorney for minor(s) has been appointed. If an ex parte order is issued, it shall be served upon the opposing party or counsel forthwith, and a temporary hearing shall be held forthwith.

   (5) Contested Custody. If an issue concerning custody of a minor child exists, the court may appoint a guardian ad litem/attorney for the minor(s). In such event, the court will order an initial deposit of fees to be paid by the parties into the court within a specified time period. If no time period is specified by the court, it shall be 20 days. Initial fees shall be allocated between the parties in the discretion of the court, subject to modification and the assessment of additional fees at the time of the final hearing. Those claiming indigent status may apply to the court for a waiver of such fee assessment. Such an application must be accompanied by an affidavit establishing poverty. When a guardian ad litem/attorney for the minor child makes application for payment of fees in a case involving a claim of indigence, copies of the fee application and notice of hearing shall be served upon the County Attorney, who may appear at the hearing to object to payment of the same.

   (6) No document filed in the public record of a case shall have complete vehicle identification numbers, account numbers, Social Security numbers, dates of birth, or other personal identification information. Real estate shall be described by legal description as opposed to street address.

   (7) Leaving the State. Every order for child custody, temporary or permanent, shall contain language substantially as follows:

   A party exercising custody of a minor child is ordered not to move the child outside the State of Nebraska except by written agreement of the parties and approved by the Court. Anyone intending such a move must first:

   (a) Make written application to the court; and

   (b) Give notice of the application and hearing to the other party as required by law.

   (8) Reduction in Support for Periods of Visitation. Whenever a temporary or permanent child support order provides for a reduction in child support while a non-custodial parent has possession of the child or children, the following procedure shall be utilized:

   (a) The non-custodial parent shall prepare and sign an affidavit stating the inclusive dates that the non-custodial parent had possession of the minor child or children with the name of said child or children showing the amount of support to be reduced.

   (b) This affidavit shall be filed with the Clerk of the District Court within thirty (30) days after said possession and a copy mailed to the custodial parent or it shall be presumed that the non-custodial parent did not have possession of the child or children for the affected time period.

   (c) Within thirty (30) days after receipt of the copy of said affidavit, the custodial parent may file an objection or counter-affidavit, and if this is done, a hearing date will be set to determine the matter.

   (d) Failure of the custodial parent to file an objection or counter-affidavit within thirty (30) days shall constitute a waiver to contest the reduction of child support issue.

   (e) Counsel for the parties shall advise the parents of this provision.

   (f) If the State of Nebraska is a party to the action, the same shall be given notice and an opportunity to object in a matter consistent herein.

   D. Other Settings: Notwithstanding subsection B or C of this rule, the judge assigned to such case may on his or her own motion assign a trial date to said case or, in the alternative, hold periodic docket calls for the purpose of assigning trial dates to pending cases.  In the event that a case is set for docket call for the purpose of setting a trial date, counsel or unrepresented parties shall be required to personally appear for such docket call.

Rule 2-9(A) amended effective October 16, 2007; Rule 2-9 renumbered to Rule 2-8 and amended January 31, 2018.