A. Identification. Each pleading filed with the Clerk of the District Court and each order submitted for judicial action must be specifically identified by type, e.g., Motion (Continuance); Motion (To Compel Response To Discovery Request); Motion (Temporary Allowances); Motion (To Suppress Evidence); Order (Summary Judgment); Order (Show Cause--Contempt). The caption of each complaint or amended complaint in a civil action shall state whether the action is one at law or in equity.

   B. Motions.

   1. Unless otherwise ordered by the court, all motions or similar filings which require a hearing shall be filed in the case prior to the scheduled hearing. At the time of making said filing, the party shall obtain a date for hearing thereon from the judge in charge of the case or, in the absence of the judge or at the judge's direction, from a member of the judge's office staff. Timely notice of said hearing shall be served on the opposing party. All motions or similar filings shall contain a certificate by the serving party of how the opposing party was notified. When a document is electronically filed via the court-authorized service provider, the provisions of Neb. Ct. R. § 2-205 shall control.

   2. The court may, in its discretion and in accordance with Neb. Rev. Stat. §§ 24-303(2) and 24-734(5)(a) (Cum. Supp. 2020), receive evidence and hear oral argument on any motion or similar filing by telephonic, videoconferencing,  or other similar methods.

   3. Continuances Or Additional Time To Plead. Motions or applications for continuance of any matter shall state the reasons a continuance should be granted and must be filed before the time set for the matter sought to be continued. Except where unusual circumstances require, no more than one continuance may be granted. Stipulations for continuances shall be subject to the approval of the court. All continuances shall be to a date certain and stated in the order granting the same, unless otherwise ordered by the court. No order granting a continuance shall be made ex parte. In the event such motion or application fails to show that the motion has been agreed upon, it shall be set for hearing in the same manner as any other motion.

   4. Motions to Compel. On notice to other parties and all affected persons, a party may move for an order compelling disclosure or discovery. The motion must include a certification that the movant has in good faith conferred or attempted to confer with the person or party failing to make disclosure or discovery in an effort to obtain it without court action.

   C. Court Case Management System. The Clerk of the District Court and Court Administrator shall each be responsible for compiling and adding attorney information for each case, and for keeping attorney information current in the Court Case Management System.

   D. Pleadings In Default. A party in default of a pleading may, before judgment on motion, notice, and good cause shown, file the same within such time and upon such terms as the court may order.

   E. Amendments to Pleadings. Amendments to pleadings after the answer is filed may be allowed within the discretion of the court. In no instance shall an amendment of a pleading be made by erasure, substitution, interlineation, or otherwise. A party who has obtained leave to amend a pleading, but fails to do so within the time limited, shall be considered as electing to abide by his former pleading. In no case of amendment shall the original pleading be obliterated or withdrawn from the files.

   F. Costs. Except for criminal cases and proceedings wherein an order sustaining an affidavit  to proceed in forma pauperis is filed, court costs shall be paid when actions are commenced and thereafter when liability for additional costs accrues. An attorney or self-represented litigant is responsible to the Clerk of the District Court for costs incurred at the attorney's or self-represented litigant's request and shall immediately pay the same upon receipt of the Clerk's statement of such fees.

Adopted effective December 29, 1995; Rule 4-2A amended October 26, 2005; Rule 4-2 amended September 21, 2022.