§ 2-106. Motions generally.

Printer-friendly versionPrinter-friendly versionPDF versionPDF version

§ 2-106. Motions generally.

   (A) Motions Not Covered. Motions for summary disposition and motions for rehearing are covered in §§ 2-107 and 2-113 respectively, and are not covered by this rule.

   (B) Form. All motions shall be typewritten on 8½- by 11-inch paper. Type shall be 12-point and shall be double- or 1½-spaced.

   (C) Content. A motion shall set forth the relief requested and must:

   (1) Be agreed to by opposing counsel in the form of a stipulation; or

   (2) Be submitted to the court for decision 14 days after it is filed with the Supreme Court Clerk or after service upon opposing counsel, whichever is later. Any response to the motion must be in writing and filed prior to the submission date.

   (D) Filing and Service of Motions. An original and one copy of the motion and proof of service shall be filed with the Supreme Court Clerk and a copy shall be served upon the opposing party or the attorney of record. Service and proof of service may be made as provided in Neb. Ct. R. Pldg. §§ 6-1105(b) and 6-1106(e).

   (E) Oral Argument. No oral argument is permitted on any motion except as may be ordered by the Supreme Court; in such event, oral argument shall be limited to 5 minutes per side.

   (F) Motions for Extension of Brief Date.

   (1) No extension of brief date will be allowed in any advanced case (see § 2-111(B)(2)) except upon a showing of exceptional cause.

   (2) For cases which are not advanced, the procedures contained in § 2-106(C) and (D) shall be followed. Any request for extension of brief date beyond the first 30-day extension must be supported by a showing of good cause. Neither the stipulation of the parties nor the press of other business constitutes good cause.

See appendices 1 and 2 for form.

   (G) Waiver Acceptable. Opposing counsel may waive notice, hearing, and objections to a motion.

   (H) Briefs. Complex motions may be accompanied by a typewritten brief. The brief may be in memorandum form. If a brief is filed in support of a motion, an original and one copy of the motions and the brief shall be filed together.

Rule 6(D) amended May 28, 1992; Rule 6(D) amended May 29, 1997; Rule 6(B) amended March 22, 2006. Renumbered and codified as § 2-106, effective July 18, 2008. § 2-106(D) amended August 27, 2008; § 2-106(H) amended June 6, 2012.