A. Application. This Rule 3-9 shall apply to all cases classified by the State Court Administrator as a domestic case, including, without limitation, divorce; paternity; grandparent visitation; modification actions; any matter involving child custody, parenting time; or any matter governed by the Parenting Act.

   B. Hearings on Motions for Temporary Orders. Hearings on motions for temporary orders will be heard in chambers unless:

   (1) Otherwise ordered by the court;

   (2) Either party is pro se and present for the hearing; or

   (3) Either party or counsel requests the matter be heard in the courtroom.

   Whether the hearing is held in chambers or the courtroom:

   (1) A court reporter will be provided upon request by the court or either party; and

   (2) The hearing will be heard on affidavit(s) only unless otherwise ordered.

   C. Motion to Set for Trial. After defendant has filed a Voluntary Appearance or Answer or answer day has passed without response, either party may file a motion to set the case for trial.

   In cases involving custody or parenting time,  the moving party  shall state in the motion to set for trial and he/she has taken the parenting class required by statue and filed a certificate showing completion of the parenting class. If the filing party is requesting a waiver of said requirement, he/she shall state the basis for the waiver.

   In all cases in which a trial date is sought, the moving party shall state that mediation has been completed unsuccessfully. If the filing party is requesting a waiver of mediation, he/she shall state the basis for the waiver.

   A hearing on a motion to set for trial will not be had absent compliance with this rule.

   D. Hearing on Motion to Set for Trial. Each party shall bring a completed Pretrial Memorandum (See Appendix Form 1) to the hearing.

   The parties are under a continuing duty to update all information that is required to appear on the Pretrial Memorandum; however, no amendment may be made to a Pretrial Memorandum 5 or less days prior to trial without consent of the other party or leave of the court.

   E. Trial.

   (1) Unless otherwise ordered by the court:

   (a) If child support is at issue, each party shall submit to the court his/her proposed child support worksheet.

   (b) If custody or parenting time is at issue, each party shall submit to the court his/her proposed parenting plan.

   (c) If the division of property/debt is at issue, each party shall submit to the court his/her proposed balance sheet (see Appendix Form 2) identifying the assets and debts, providing a value for each, and his/her proposed division.

   (2) If custody or parenting time is at issue, joint physical and legal custody will be considered by the court.

   F. Child Support Guideline Calculations.

   (1) In all matters in which an order includes the setting of child support, a child support guideline calculation shall be completed by the party submitting the proposed order and attached to the proposed order.

   (2) If a deviation is proposed, pursuant to Neb. Ct. R. § 4-203, the proposed order shall contain specific findings and/or worksheet 5.

   G.  Parenting Plan. Each parenting plan submitted to the court shall contain a parenting time schedule which complies with the Parenting Act and shall set out, with specificity, parenting responsibilities and cooperation.

   (1) Holiday Parenting Time Schedule. Appendix Form 3 is a holiday parenting time schedule which, absent evidence otherwise, the court finds provides reasonable holiday parenting time in cases in which the parties are unable to agree otherwise.

   (2) Parenting Responsibilities and Cooperation. Appendix Form 4 contains the minimum parenting responsibilities and cooperation language that must be incorporated into each parenting plan.

   H. Exhibit 1. In the interests of preserving court time at the final hearing or trial, the parties shall offer evidence in the format of Exhibit 1 (see Appendix Form 7).

   I. Decrees and Final Orders. All decrees or orders on domestic relations matters that are submitted to the court for signature must contain as the last paragraph of the decree or order the following paragraph:

   To the extent there is any conflict between this Decree (Order) and any attachment or other document incorporated herein by reference, the language of this Decree (Order) shall supersede and control.

   J. Waiver of Hearing. If permitted by the judge to whom their case has been assigned, the parties may waive a final hearing pursuant to Neb. Rev. Stat. § 42-361 (dissolution) or § 42-361.01 (separation) using the Certificates of Waiver found at Appendix Form 8.

   K. Mediation. Unless waived by the court, in all cases governed by the Parenting Act, except those in which there are allegations of intimate domestic partner abuse or unresolved parental conflict as defined in Neb. Rev. Stat. § 43-2922, parties who have not executed an agreed upon Parenting Plan within 4 months after service of process or the filing of a voluntary appearance shall participate in mediation as set forth in the Parenting Act.

   For cases in which there are allegations of intimate domestic partner abuse or unresolved parental conflict as defined in Neb. Rev. Stat. § 43-2922, parties who have not executed an agreed-upon Parenting Plan within 4 months after service of process or the filing of a voluntary appearance shall participate in the specialized alternative dispute resolution process as set forth in the Parenting Act unless waived by the court. The parties shall also participate in the specialized alternative dispute resolution process when referred there by a mediator.

   Mediation or the alternative dispute resolution process shall be conducted by a person who qualifies as a Parenting Act mediator or approved specialized mediator as set forth in the Parenting Act and proceed under the standards of practice set forth in the Parenting Act and/or adopted by the State Court Administrator.

   If a party fails to appear for mediation or the specialized dispute resolution process or fails to meaningfully participate in mediation or the specialized dispute resolution process, the court may impose sanctions including without limitation, dismissing the case for want of prosecution, assessing attorney fees and expenses incurred for trial and trial preparation, limiting the presentation of evidence, and such other sanction as may appear fair and just under the circumstances.

   L. Specialized Alternative Dispute Resolution Process. The specialized alternative dispute resolution process shall begin with each parent meeting individually with a qualified mediator who shall educate each party about the process. The parties shall be allowed to have support persons attend sessions with them. The approved specialized mediator may establish such protocols for the process as he or she deems reasonable to protect the safety of any party, including a requirement that there be separate individual sessions for each party. Specialized alternative dispute resolution shall not proceed unless the parties are informed of the process, including any safety protocols that will be in effect and informed consent to proceed is obtained from both parties in writing.

   M. Waiver and Opt-Out. The court may waive the requirement for mediation or permit the parties to opt-out of the specialized alternative dispute resolution process when

   (1) there is good cause shown and the parents agree and such parental agreement is bona fide and not an attempt to avoid the purposes of the Parenting Act; or

   (2) for good cause shown and when mediation or the specialized alternative dispute resolution process is not possible without undue delay or hardship to either parent.

   Upon the filing of a motion for waiver or opt-out, the court shall hold a hearing on affidavits. The burden of proof shall be by clear and convincing evidence and rests with the party seeking the waiver or opt-out.

   N. Disqualification. If a party believes there is good cause to disqualify or preclude another party from participating in the alternative dispute resolution process, that party may file a motion for disqualification or preclusion. After notice and a hearing on affidavits, the court, for good cause shown, may disqualify or preclude a party from participating.

 Approved effective September 29, 1995; amended December 23, 1999; Rule 3-9(F) amended December 20, 2000; Rule 3-9(G) amended July 14, 2004; Rule 3-9(H) amended July 14, 2004; Rule 3-9(E) amended November 2006; Rule 3-9 amended June 23, 2010; Rule 3-9 amended March 23, 2011; Rule 3-9 amended June 12, 2013; Rule 3-9(F)(a) amended October 12, 2016; amended February 2019, approved May 1, 2019.