§ 6-1451. County court records; review; copies at litigant's expense.

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§ 6-1451. County court records; review; copies at litigant's expense.

   (A) Minimum Requirements. County court records shall be organized as set out in the Records Model in the County Court Procedures Manual.

   (B) Media Used. County court records may be maintained on any media approved by the State Court Administrator. The requirements contained in the Rules and Regulations of the State Records Administrator shall be observed. For the cases which are fully electronic and stored on JUSTICE, no duplicative paper records shall be kept.

   (C) [Reserved.]

   (D) Standard Forms. Approved standard forms contained on the Nebraska Supreme Court Web site shall be used without modification where possible. Modifications must be approved by the State Court Administrator before a modified form can be printed or used.

   (E) Any person who does not have access to the court-authorized service provider is entitled to inspect the electronic transcript and bill of exceptions at the office of the clerk of the trial court at the computer terminal provided. Confidential or sealed records shall not be inspected except by leave of court. Paper copies of a transcript or bill of exceptions shall not be prepared by court staff unless the requestor pays for a copy of the requested record at the prescribed rate for copies.

   (F) When a request is made to the clerk of the trial court for a transcript of pleadings by or on behalf of any incarcerated person, the clerk of the trial court shall prepare a copy at the prescribed rate for copies and send it to the incarcerated person at the correctional center where he or she resides. The cost shall be paid by the person making the request unless the person has been allowed to proceed in forma pauperis in the action in which the request for a record has been made. Except for good cause shown, any additional copies of the transcript once provided to a litigant on an in forma pauperis basis shall be prepared at the litigant's cost.

   (G) When a request is made by or on behalf of any incarcerated person for a bill of exceptions, the clerk shall prepare a copy at the prescribed rate for copies and send it to the incarcerated person at the correctional center where he or she resides. The copy shall contain the index of exhibits but shall not include exhibits unless specified otherwise in these rules. The cost shall be paid by the person making the request unless that person has been allowed to proceed in forma pauperis in the action in which the request for a record has been made. Except for good cause shown, any additional copies of the bill of exceptions once provided to a litigant on an in forma pauperis basis shall be prepared at the litigant's cost. An incarcerated person may request copies of exhibits by filing a motion with the court having jurisdiction of the case.

   (H) Where a request for a copy of a transcript or a bill of exceptions is made on an in forma pauperis basis and an action is not pending, good cause must be shown by the litigant making the request for the necessity of a copy. A copy shall be provided only upon an order of the court.

Rule 51 adopted September 1987; amended May 21, 2003. Renumbered and codified as § 6-1451, effective July 18, 2008.; §§ 6-1451(A), (C), and (D) amended June 8, 2011; § 6-1451 amended June 9, 2021, effective Janaury 1, 2022; § 6-1451 amended November 17, 2021, effective January 1, 2022.