(A) Records; Inspect in Person. All records available electronically through SCCALES may also be viewed at a device in the Clerk’s office. Appellate court records shall not be stored in paper form unless specifically provided for in this rule.

   (1) Transcripts and bills of exceptions. Any person is entitled to inspect the electronic transcript and bill of exceptions in the office of the Clerk at the computer terminal provided. Paper copies of a transcript or bill of exceptions shall not be prepared by the court staff unless the requestor pays for a copy of the requested record.

   (2) Exhibits.

   (a) Unless exhibits are included in an electronic bill of exceptions, court reporting personnel shall create a separate paper exhibits volume of the bill of exceptions as provided in § 2-105.02 for appellate court use on appeal. The paper exhibits volume may be inspected in the office of the Clerk but shall not be checked out or removed from the office.

   (b) Parties shall retain a copy of all exhibits to be included in the bill of exceptions on appeal.

   (c) Confidential or sealed exhibits shall not be inspected except by leave of the court.

   (3) Presentence Report. In all cases where a presentence report may be material on appeal, the defendant, his or her counsel, or counsel for the State may request the presentence report to be transmitted to the Clerk. The presentence report to be transmitted shall include the report prepared by probation, all materials submitted to the sentencing judge at or before sentencing, and any materials ordered by the sentencing judge to be included in the report at or before sentencing. In each instance, the trial court clerk shall notify probation with the appropriate trial court case number and appellate court case number. Probation shall then transmit the presentence report to the Clerk. Each page shall be consecutively numbered, with the number at the bottom of the page. The defendant, his or her counsel, or counsel for the State may examine the report at a computer terminal located in and provided by the office of the Clerk. For electronic access to the report by counsel, see Neb. Ct. R. § 6-1906(G).

   (B) Neb. Rev. Stat. § 27-1301 Child Pornography Exhibits. In all cases where exhibits constituting visual depiction of sexually explicit conduct involving a child, as defined by § 27-1301, may be material on appeal, such evidence shall be handled on appeal and controlled by the provisions of Neb. Ct. R. § 6-1801.

   (C) Return of Records to Trial Court. Exhibits volume(s) and Neb. Rev. Stat. § 27-1301 child pornography evidence shall be returned to the clerk of the trial court after the issuance of the mandate in a case. The Clerk may retain records in certain criminal homicide cases to facilitate microfilming of the records.

   (D) Records as Exhibits. Original Supreme Court or Court of Appeals records shall not be introduced as exhibits in any proceeding.

   (E) Microfilm and Scanned Records. Certain records which this court is keeping pursuant to Neb. Rev. Stat. § 29-2521.02 et seq. have been photographed on microfilm. Those records may be converted and stored as PDF or another durable medium as defined by Neb. Ct. R. § 2-201(D) and approved by the Nebraska Supreme Court. Future records shall be scanned and stored as a PDF or another durable medium as defined by Neb. Ct. R. § 2-201(D) and approved by the Nebraska Supreme Court. These records may be checked out or viewed by Nebraska District Court judges. These records shall not be introduced as evidence.

Rule 16(E) amended May 28, 1992; Rule 16(A) amended September 27, 2000; Rule 16(A) and (B) amended May 21, 2003. Renumbered and codified as § 2-116, effective July 18, 2008; § 2-116(B)(1)-(2) and (C) amended January 27, 2010; § 2-116(B)(1) amended June 6, 2012; § 2-116(B)(1) amended September 19, 2013; § 2-116 amended June 9, 2021, effective January 1, 2022; § 2-116(E) amended April 13, 2022.