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§ 2-202. Mandatory electronic filing, electronic service and electronic notice.

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§ 2-202. Mandatory electronic filing, electronic service and electronic notice.

   (A) Electronic Filing, Service, and Notice is mandatory for all Nebraska attorneys in all Nebraska trial and appellate courts unless specifically exempted pursuant to these rules. Electronic filing and service rules apply to non-attorneys only as provided by these rules.

   (B) Exemptions.

   (1) Prior to July 1, 2022, an attorney may request an exemption from the mandatory electronic filing and service requirements under these rules on a case by case basis for good cause, which shall not include  lack of relevant technology. A court may grant the request for exemption from mandatory electronic filing and service on a case by case basis for good cause shown and such order granting the request shall be made part of the record in each case where the exemption is allowed. An attorney may not request exemption from mandatory registration under § 2-203 nor request exemption from electronic notice.

   (2) An attorney who is not otherwise required to register under these rules, but who is representing a party on a pro bono basis, may request exemption from the mandatory requirements on a case by case basis. A court may grant the request on a case by case basis and such order granting the request shall be made part of the record in each case where the exemption is allowed. No more than three such exemptions may be requested or granted in any calendar year.

   (3) An attorney who certifies that he or she solely provides pro bono legal services to others may request a no-cost, pro bono attorney account from the court-authorized service provider. Authorization shall be for the calendar year and may be renewable upon recertification by the attorney. Users with a pro bono attorney account shall comply with all other mandatory requirements under these rules.

   (C) These electronic filing, service, and notice rules recognize that documents in proceedings before the Nebraska trial and appellate courts shall be filed, served, noticed, and preserved in an electronic format in lieu of the traditional paper format and prescribe the practices and procedures for authorized users that shall be followed in connection with the filing and service of electronic documents and notices.

   (D) To the extent these rules are inconsistent with any other Nebraska Supreme Court or local rule, the rules in this article govern cases filed electronically on or after the effective date(s) of these rules. Stated another way, if another court rule permits a paper filing, or references a paper filing, the provisions of these rules still apply and require electronic filing and service by Nebraska attorneys and electronic notice by courts unless otherwise specifically excepted by these rules.

§ 2-202 amendments adopted June 9, 2021, effective January 1, 2022.