Rule 3-2. Motions and Other Filings

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Rule 3-2. Motions and Other Filings

   A. When any motion requiring a hearing is filed, it shall be filed with a notice of hearing with a date, time, manner of hearing, and certificate of service with the Clerk of the District Court (Clerk) not less than 5 days prior to hearing, except by permission of the court.

   B. A time of hearing shall be secured by contacting the judge's bailiff. If it is impossible to secure a time for hearing, the motion may be filed, but a notice of hearing must be filed with a certificate of service promptly thereafter. Failure to file a notice of hearing and certificate of service within 10 days after filing a motion will be deemed an abandonment of the motion without further action by the court. Unless approved by the judge, a hearing date must be obtained for each motion, even if motions in the same case are already scheduled.

   C. Notice of said hearing shall be mailed or personally delivered to opposing counsel or party, if not represented by counsel, three full days prior to said hearing. The use of ordinary mail shall constitute sufficient compliance with this Rule, except as may be otherwise specifically required by statute or rule of the Supreme Court.

   D. When the court is acting as an appellate court, a motion to dismiss for lack of jurisdiction may be filed at any time after an appeal has been docketed.

   E. The inclusion of abusive or profane language in any petition or other pleading shall be considered by the court as "malicious" and result in the striking of such pleading, together with other sanctions which may include the denial or revocation of in forma pauperis status in the case and dismissal of the case.

   F. If a party files a motion under Neb. Ct. R. Pldg. § 6-1112(b)(6) intended to secure final disposition of the case without a trial, and the motion will require the admission of evidence beyond the pleadings, the moving party shall notify the opposing party of this intention and the parties shall follow the procedures applicable to motions for summary judgment.

   G. The margin at the bottom of the first page of any pleading or other document filed with the Clerk of the District Court shall be at least 2 ¼ inches. This area is reserved for court use to permit affixing a filing stamp, bar code, exhibit identification markings and other official uses. No image, printing or marking of any nature may appear within the bottom margin except as made or authorized by the court or the court clerk.

   H.  Accompanying and separate and distinct from each decree of dissolution of marriage, order of paternity, or other child support order or order of modification of the same shall be an accompanying document in the format provided in Neb. Ct. R. § 6-1521(B) at Appendix 3, which shall contain necessary social security numbers, gender, and birthdates of each party and any minor child affected by the order.  The separate filing of social security numbers shall be distributed to the Child Support division of the Nebraska Department of Health and Human Services, but shall not otherwise be made available without further court order.  An image of the filing shall not be reproduced into any publicly-viewable location in Justice.  Social security numbers should not be contained in any other pleading filed with the court.  No pleading or other document filed with the court and no exhibit used at trial shall contain a complete account number for any financial accounts or debts of any party.  The same shall be redacted to the extent necessary to protect the information from misuse.  By agreement of the parties, or as directed by the court, such information shall be identified in such a manner as the parties, counsel, the court, and the jury may be able to distinguish information between similar accounts or debts, or as may be necessary to establish relevance to the matter being litigated.

Approved effective September 29, 1995; amended effective December 23, 1999; Rule 3-2(F) amended September 19, 2001; Rule 3-2(G) amended January 3, 2003; Rule 3-2(H) amended July 14, 2004;  Rule 3-2(E) through (H) amended November 2006; Rule 3-2(H) amended September 9, 2010; Rule 3-2(H) amended November 26, 2014; amended February 2019, approved May 1, 2019.