Rule 3-21. Appeals

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Rule 3-21. Appeals

   The following rule sets out procedures in this district governing appeals from the county court and proceedings for review under the Administrative Procedure Act.

   A. Briefs

   (1) Unless otherwise ordered by the court, the briefs listed below must be filed within the times stated in these rules. Requests for additional time to file briefs shall be supported by a showing of good cause.

   (a) Appellant’s or Petitioner’s brief must be served and filed within 30 days after the date the bill of exceptions is filed in the district court as provided in Neb. Ct. R. § 6-1518. If no request for preparation of a bill of exceptions is filed, Appellant’s or Petitioner’s briefs must be served and filed within 30 days after the transcript is filed in the district court, unless the court directs otherwise.

   (b) Appellee’s or Respondent’s brief must be served and filed within 30 days after the Appellant or Petitioner has served and filed briefs.

   (c) Appellant’s or Petitioner’s reply brief must be served and filed within 10 days after Appellee or Respondent has served and filed briefs.

   B. Oral argument.

   (1) A time of hearing shall be secured by contacting the judge’s bailiff. Notice of said hearing shall be mailed or personally delivered to opposing counsel or party, if not represented by counsel, on or before the date Appellant’s or Petitioner’s brief is served and filed.

   (2) Unless ordered by the court, no oral argument is allowed in any appeal from the county court in any criminal case:

   (a) Where the accused entered a plea of guilty or no contest; or

   (b) Where the sole allegation of error is that the sentence imposed was excessive or excessively lenient or the trial court refused to reduce the sentence upon application of the defendant.

   (3) Cases to be submitted without argument may be submitted at any time after the time for filing the Appellant's reply brief has expired.

   (4) Unless otherwise ordered by the court, oral argument shall not exceed 10 minutes per side in any civil or criminal case. On the court’s own motion or on motion by a party, additional time may be granted by a showing of good cause.

   (5) Unless otherwise directed by the court, the parties may elect to waive oral argument and submit a case solely on the briefs. Such notice to waive oral argument shall be filed with the Clerk of the District Court and separately communicated to the judge’s bailiff at least 3 days prior to the date of hearing.

Amended July 2022, approved September 21, 2022.