(A) Original actions; how commenced.

   (1) An original action may not be commenced except by leave of court.

   (2) Application for leave to commence an original action shall be made by filing with the Supreme Court Clerk a verified petition setting forth the action. Applicant must also file with the Clerk a statement setting forth the basis of the court's jurisdiction and the reasons which make it necessary to commence the action here. No oral argument will be permitted except as may be ordered by the court.

   (B) Original actions; docketing the case.

   (1) All applications for leave of court to file an original action shall be recorded with an application status in SCCALES.

   (2) The docket fee provisions of Neb. Rev. Stat. § 33-103 and § 2-101(G) shall apply.

   (3) If the court accepts the application as an original action, the case status shall be changed to reflect the granting of the application. A second filing fee shall not be required.

   (4) Except where an action is filed electronically, upon the acceptance of the original action, the party making such application shall provide to the Clerk sufficient copies of the verified petition and any attachments for service with the summons. For electronically filed cases, see Neb. Ct. R. § 2-204(B) and (C).

   (C) Exception proceedings pursuant to § 29-2315.01.

   (1) For applications for leave to file an appeal pursuant to Neb. Rev. Stat. § 29-2315.01, the prosecuting attorney shall file the application with the Clerk of the Supreme Court and Court of Appeals as required by the statute, along with the Summary to Accompany the Application.  See appendix 4. The docket fee provisions  of Neb. Rev. Stat. § 33-103 and § 2-101(G) shall apply.

   (2) If the appellate court grants the State’s application for leave to file an appeal pursuant to Neb. Rev. Stat. § 29-2315.01, the provisions of Neb. Rev. Stat. § 25-1912 requiring a notice of appeal and docket fee shall thereafter apply.

   (D) Proceedings for review in appellate courts. Whenever a statute allows an aggrieved party to initiate a proceeding for review directly in one of the appellate courts, the party filing such petition shall provide to the Clerk sufficient copies of the petition and any attachments for service with the summons. For electronically filed cases, see Neb. Ct. R. § 2-204(B) and (C).

Rule 15(B)(2) amended May 28, 1992. Renumbered and codified as § 2-115, effective July 18, 2008; § 2-115(A)(2) amended June 6, 2012; § 2-115 amended June 12, 2019; § 2-115 amended June 9, 2021, effective January 1, 2022.