Rule IV. Motions and Other Filings

Rule IV. Motions and Other Filings

   A. All motions or similar filings in which a hearing is requested shall be filed at least five (5) judicial days prior to the hearing except by permission of the Court.

   B. Counsel, and self-represented litigants, at the time of making said filing, unless stipulated to by the parties, shall obtain a hearing date from the bailiff and file a notice of hearing and a complete certificate of service. Unless approved by the judge, a hearing date must be obtained for each motion, even if motions are already filed in the same case. The Clerk shall not accept said filing unless it is accompanied by notice of the time and date of the hearing.
   C. Notice of said hearing shall be served in a manner allowed by law or rule three (3) full judicial days prior to said hearing. Judicial days refer to days that the court normally would be in session, not including weekends and legal holidays.

   D. All motions for orders sought to be entered without a hearing shall be accompanied by a proposed order for the judge’s signature.

   E. A Motion to Continue can be filed disclosing that all other parties and counsel agree to the continuance in which case the Court can grant the motion without a hearing.
   F. A Motion to Continue without agreement of opposing counsel and parties shall be set as previously outlined herein.
   G. Counsel and self-represented litigants seeking the continuance shall obtain a proposed date from the bailiff and verify the new date with other counsel and self-represented litigants. If the new date is not agreeable, then it is the responsibility of the movant to obtain a new date that is agreeable to all counsel and self-represented litigants.
   H. Motions for a Placement Change pursuant to Neb. Rev. Stat. § 43-285 can be approved by the court without further hearing after three (3) days from filing unless an objection is filed and notice is given to the bailiff, whereupon the matter shall be set for hearing by the court. The Nebraska Department of Health and Human Services shall notify the court, guardians ad litem, and counsel for minor children within twenty-four (24) judicial hours of any change in placement.

   I. The hearing on a probable cause finding granting immediate custody of a juvenile in a delinquency or status offense case shall be heard within twenty-four (24) hours of the juvenile being taken into custody or on the next judicial day.

   J. The hearing on an ex parte order granting immediate temporary custody in a child abuse/neglect case filed under Neb. Rev. Stat. § 43-247(3)(a) shall be heard within ten (10) calendar days of the date of the entry of such order by the court.

   K. All other ex parte motions, excluding those described above, shall be heard within ten (10) calendar days after the ex parte order granting said ex parte motion was signed.

   L. Within forty-eight (48) hours of a § 43-247(3)(a) detention, no minor shall remain detained without a probable cause finding issued by the Court providing for continued detention of said minor.

Adopted March 31, 1995; amended May 31, 2023.