Oral Arguments are happening now.View them on the web or via Mobile App on iPhone / iPad or Android (4.0+).

You are here

Rule 12-3. Motion Calendars

Printer-friendly versionPrinter-friendly version

   A. Maintenance and Notice of the Motion Calendar.

   (1) In Scotts Bluff County, when any motion requiring a hearing is filed, it should contain a notice of hearing with a date, time, manner of hearing, and certificate of service. It shall be served by personal delivery or mail on all other parties to the case. A time of hearing shall be secured by contacting the office of the judge responsible for the case. If it is impossible to secure a time for hearing, the motion may be filed, but notice of hearing must be furnished promptly thereafter. Failure to secure and serve notice of a date for hearing within 10 days after filing a motion will be deemed an abandonment of the motion.

   (2) In all other counties within the district, the clerk or bailiff shall maintain a motion calendar for each judge assigned to a case plainly designating:

   (a) The case name and number,

   (b) Attorneys or pro se parties who have appeared in the case,

   (c) A description of the motion to be heard,

   (d) A space for the time and manner of hearing, and

   (e) Motions to set cases for trial or other noncontested motions may be accomplished by counsel directly contacting the judge responsible for the case rather than placing the matter on the motion calendar.

   The calendar shall be kept conspicuously posted in the office of the clerk or judge. It shall be mailed to attorneys, pro se parties, court reporters, and judges of the court at least 4 days before each motion day. Posting and mailing is sufficient notice of hearing where no different method of service is required by statute. If no valid appearance has been made for an adverse party, responsibility for giving notice of hearing to that party shall be upon the movant.

   B. Items Placed on the Motion Calendar.

   (1) Motions include all requests for an order of the court. The calendar shall include appeals, arraignments, applications for fees, applications for relief pendente lite, ex parte requests, hearings stipulated by counsel, and motions for summary judgment.

   (2) Applications for temporary relief in domestic relations cases shall be calendared for hearing on the motion day 3 days after filing. All other motion calendar items shall be heard on the first calendar that is scheduled 10 days after filing.

   (3) Hearings on motions for summary judgment shall be on the motion calendar scheduled at least 10 days after its service on an adverse party.

   (4) Appeals shall be placed on the next motion calendar after the bill of exceptions is filed in district court, where such a demand is made, otherwise the appeal shall be placed on the next motion calendar after the transcript is filed. Upon submission, the court will identify the record to be reviewed and consider times for submitting briefs and making oral arguments. In Scotts Bluff County, counsel shall notify the judge in chambers that the bill of exceptions has been filed and obtain a hearing date to submit the appeal.

   C. Submission of Motions.

   If oral argument is waived or the moving party fails to appear for a motion calendar item, the matter shall be considered submitted. Failure to furnish and serve a brief is not considered a confession of the party's position. If briefs are furnished and served, it should be done at least 3 days before the hearing.

   D. Telephonic or Videoconference Hearings.

   (1) All nonevidentiary hearings, and any evidentiary hearings approved by the district court and by stipulation of all parties that have filed an appearance, may be heard by the court telephonically or by videoconferencing or similar equipment at any location within the judicial district as ordered by the court and in a manner that ensures the preservation of an accurate record. Such hearings shall not include trials before a jury.

   (2) Unless otherwise ordered by the court, all documentary evidence shall be submitted to the court at least 3 working days in advance of the hearing with copies to other counsel or pro se parties.

   (3) Initiation of Telephone Conference Call: The party requesting the telephone conference call shall be responsible for:

   (a) arranging the time for the conference call, with the clerk if scheduled for a motion day and with the judge if scheduled otherwise;

   (b) notifying all other parties who will participate in the conference call;

   (c) initiating the call promptly at the time scheduled and providing for all expenses of the call; and

   (d) utilizing appropriate equipment and systems to ensure that all persons participating have adequate sound quality and volume. If the court determines that the sound quality or volume is insufficient, the court may require the party initiating the call to utilize other means to complete the hearing by telephone.

   E. Time for Pleading Over. When any motion is ruled upon, the party required to plead further shall be allowed 10 days to further plead or 20 days to answer, unless given another time by the court.

   F. Continuance or Additional Time to Plead. In addition to the requirements set forth in Neb. Rev. Stat. § 25-1148, a motion for continuance shall set forth whether the opposing party has any objection to the continuance. No order granting a continuance shall be made ex parte. Motions for continuance that lack agreement must be set for hearing.

This page was last modified on Friday, November 9, 2012