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Answers to Frequently Asked Questions

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(Click on corresponding rule number to be linked directly to rule)

Mailing Address:

Clerk of the Nebraska Supreme Court/Court of Appeals
2413 State Capitol
P.O. Box 98910
Lincoln, NE 68509-8910
 

For Delivery Services requiring a Street Address:

2413 State Capitol
1445 K Street
Lincoln, NE 68509

Phone Number: (402) 471-3731

Fax Number (for filings only): (402) 471-3480
 

Office Hours and Court Holidays (coming soon)
 

Due Dates-- If due date falls on a holiday or weekend, document is due next working day. Neb. Rev. Stat. § 25-2221

Advanced Cases:

  • Criminal cases
  • Workers' Compensation cases
  • Unemployment compensation cases
  • Questions certified by other courts
  • Original actions
  • Appeals involving custody of minor children
  • Appeals within original concurrent jurisdiction of the court
  • Cases where a "case stated" has been prepared and filed by the parties
  • Appeals from the Tax Equalization and Review Commission
  • Appeals from the Department of Natural Resources
Listing of categories of cases advanced without motion -- Neb. Ct. R. App. P.  § 2-111(B)(2)

Backlog (Estimated period from time matter is fully briefed to oral argument):
Estimated backlog for Court of Appeals --
Advanced Cases: 3 months
Non-advanced Cases: approximately 3 months
 
Estimated backlog for Supreme Court --
Advanced Cases: 3 months
Non-advanced Cases: approximately 3 months

 

Bill of Exceptions:

Extensions for preparation date -- Neb. Ct. R. App. P. § 2-105(B)(4)
How to cite in briefs -- Neb. Ct. R. App. P. § 2-109(C)
 
Briefs:
Due date -- Neb. Ct. R. App. P. § 2-109(A)
 
Appellant's briefs must be served and filed as follows:
 
a.      No request for preparation of bill of exceptions filed: 2 months from the date the appeal is filed in the Supreme Court.
 
b.      Request for preparation of bill of exceptions filed: 1 month after the date the bill of exceptions is due to be filed.

Appellee's brief must be served and filed within 1 month after appellant has served and filed briefs. If service of appellant's brief is by mail, 3 days are added to allow for delivery time. (See Neb. Rev. Stat. § 25-534.)

Appellant's reply brief must be served and filed within 14 days after appellee has served and filed briefs; 3 days are added if service of appellee's brief is by mail.
 
Citing to record -- Neb. Ct. R. App. P. § 2-109(C)

Color of brief cover page -- Neb. Ct. R. App. P. § 2-109(B)(4)  
  • Appellant, or plaintiff in an original action -- gray (same for reply brief)
  • Appellee, or defendant in an original action -- tan
  • Amicus -- white
Copies required -- Neb. Ct. R. App. P. § 2-109(B)(7) 
Supreme Court -- original and 1 copy
Court of Appeals -- original and 1 copy
 
Extension requests -- Neb. Ct. R. App. P. §§  2-106(D) and 2-109(A)

Copies required:
Briefs:
Supreme Court -- original and 1 copy -- Neb. Ct. R. App. P. § 2-109(B)(7)
Court of Appeals -- original and 1 copy -- Neb. Ct. R. App. P. § 2-109(B)(7)

Motions in General -- an original and 1 copy -- Neb. Ct. R. App. P. § 2-106(D) 

Motion for Rehearing:
Supreme Court -- original and 1 copy -- Neb. Ct. R. App. P. § 2-113(A)
Court of Appeals -- original and 1 copy -- Neb. Ct. R. App. P. § 2-113(A)

Petitions to Bypass -- original and 1 copy -- Neb. Ct. R. App. P. § 2-102(B)(1)

Petitions for Further Review -- original and 1 copy -- Neb. Ct. R. App. P. § 2-102(F)(1)
Summary affirmance/summary dismissals -- original and 1 copy -- Neb. Ct. R. App. P. § 2-107(B)(7)


Court Sessions:

Dates which the Nebraska Supreme Court and Nebraska Court of Appeals are in session.
Call and Proposed Call of Supreme Court
Call and Proposed Call of Court of Appeals
 

Fax Filings:

Fax Filing Rule
 

Fees:

 

Appeals:

Docket Fee -- $50.00 -- Neb. Rev. Stat. § 33-103

Docket Fee/Judge Retirement Fee -- $50.00 -- Neb. Rev. Stat. § 33-103

Judges Retirement Fee -- $6.00 -- Neb. Rev. Stat. § 24-703

Legal Services Fee -- $5.25 -- Neb. Rev. Stat. § 33-107.01

Automation Fee -- $8.00 -- Neb Rev. Stat. § 33-107.03

NSC Education Fee -- $1.00 -- Neb. Rev. Stat. § 33-154

Dispute Resolution Fee -- $.75 -- Neb. Rev. Stat. § 33-155

Indigent Defense Fee -- $3.00 -- Neb. Rev. Stat. § 33-156

Uniform Data Analysis Fee -- $1.00 -- Neb. Rev. Stat. § 47-633

Total Fees for an Appeal -- $125.00

Certificate of Good Standing -- $5.00

Certification of Document (we do not certify briefs or bills of exceptions) -- Copy fee at $.25 per page + $1.00 for certification

Copies Made in our Office -- $.25 per page ($1.00 minimum charge)

Fax Filing Fees -- $3.00 first page, $1.00 each additional page -- Neb. Ct. R. § 6-608

Mailing of Court Records -- an appropriate shipping fee is charged to the person requesting the record. A statement for such fee will accompany the mailed record.

Petition for Further Review -- $50.00 -- Neb Rev. Stat. § 33-103.01--Waived in informa pauperus appeals -- Neb. Ct. R. App. P. § 2-102(F)(1)

Professional Service Corporation Certificate Fee -- $25.00 -- Neb. Rev. Stat. § 21-2216


Mandates:

When issued -- Neb. Ct. R. App. P. § 2-114(A)(1)  

Unless agreed by the parties and ordered by the court, no mandate will issue in any case during the time allowed for the filing of a motion for rehearing or petition for further review, or pending the consideration thereof.

To whom sent -- Mandates are sent to the Clerk of the Trial Court only

Appropriate cost statements are forwarded to counsel.
 

Motions for Rehearing:

Due date --  Neb. Ct. R. App. P. § 2-113(A)

A motion for rehearing and brief in support must be filed within 10 days after the release of the opinion of the court or the entry of the order of the court disposing of the appeal. A motion for rehearing is not permitted following an order of the Supreme Court denying a petition for further review.

Filing after ruling on petition for further review not permitted -- Neb. Ct. R. App. P. § 2-113(A)

Number of copies to be filed:

Supreme Court -- original and 1 copy -- Neb. Ct. R. App. P. § 2-113(A)

Court of Appeals -- original and 1 copy -- Neb. Ct. R. App. P. § 2-113(A)

 

Petition for Further Review:

Due date -- Neb. Ct. R. App. P. § 2-102(F)(1)

Petition for further review and memorandum brief in support must be filed within 30 days after the release of the opinion of the Court of Appeals or the entry of the order of the Court of Appeals finally disposing of the appeal, whichever occurs later.

Fees -- Neb. Ct. R. App. P. § 2-102(F)(1)

Number of copies to be filed -- original and 1 copy -- Neb. Ct. R. App. P. § 2-102(F)(1)

 

Professional Organizations:

Limited Liability Professional Organizations:

Necessary papers -- Limited Liability Professional Organizations Rule

Fee -- $25.00 -- Neb. Rev. Stat. § 21-2216

Required information to be included in Articles of Incorporation -- Limited Liability Professional Organizations Rule

 

Professional Corporation Certificates:

Necessary papers -- Professional Service Corporations Rule 

Fee -- $25.00 -- Neb. Rev. Stat. § 21-2216

Required information to be included in Articles of Incorporation -- Professional Service Corporations Rules 

Records:

The transcript (pleadings of the lower court and any pleadings filed in the appellate court) and the bill of exceptions (a transcription of the testimony given in the lower court) may be checked out from the Clerk's Office by counsel of record or any attorney licensed to practice in Nebraska. Any litigant is entitled to inspect the original transcript and bill of exceptions in his or her case at the office of the clerk of the trial court. Transcripts and bill of exceptions will not be checked out to litigants. Any nonincarcerrated litigant is entitled to obtain a copy of his or her transcript or bill of exceptions by filing a written request with the clerk of the trial court. Copies will be made at the litigant's cost unless allowed to proceed informa pauperis in the action. -- Neb. Ct. R. App. P. § 2-116.

Incarcerated litigants will be provided a copy of the transcript and bill of exceptions as provided by court rule. -- Neb. Ct. R. App. P. § 2-116.

Any person requesting the check out of or access to a record of the Supreme Court or Court of Appeals which is either a confidential or restricted access record must sign a form and indicate hereon their relationship to the party or parties of record. --Request for Confidential Form

The presentence report may be reviewed in the Clerk's Office by defendant, his or her counsel, or counsel for the State, but may not be removed from the office. -- Neb. Ct. R. App. P. § 2-116.

Requests for records may be made by mail or phone. A statement for appropriate shipping charges will accompany the mailed record.

If requesting a transcript of an appeal previously disposed of by the appellate court, please allow at least one day for the retrieval of the same from our storage area. Bills of exceptions are returned to the trial court once the Supreme Court or Court of Appeals mandate issues.

This page was last modified on Wednesday, November 7, 2012