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4. Motions

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   All pretrial motions, unless otherwise stipulated by the parties, shall be in writing and contain a complete certificate of service and should be heard at least 5 days prior to the hearing unless otherwise governed by existing statutory or case law.
 
   Unless otherwise stipulated by the parties, all motions shall contain a notice of hearing and the party seeking the hearing shall obtain a date from the Judge to whom the case is assigned or the Judge's bailiff.
 
   In the event of vacation, extended illness, or prolonged absence of the Judge to whom the case is assigned, the parties seeking a hearing date shall obtain a hearing date from the presiding Judge of the Juvenile Court.
 
   A motion to continue can be filed disclosing that all other parties and counsel agree to the continuance in which case the court may grant the motion without a hearing.
 
   A motion to continue without agreement of opposing counsel and parties shall be set as previously outlined herein.
 
   A written denial may be filed by counsel for the minor on those petitions alleging a law violation or status offense. A written denial may be filed by counsel for the parent, guardian, or custodian on Neb. Rev. Stat. § 43-247(3)(a) cases.
 
   Motions for detention, endorsed summons, and such other ex parte orders shall be set and heard by the court within 24 hours of the detention occurrence, excluding nonjudicial days.
 
   All motions sought to be entered without a hearing shall be accompanied by a proposed order for the Judge's signature.
 
   Notice of all hearings shall be mailed or personally delivered to other counsel or party, if not represented by counsel, 3 full days prior to said hearing. The use of ordinary mail shall constitute sufficient compliance with this rule, except as may be otherwise specifically required by statute or rule of the Nebraska Supreme Court.
 
   A detention hearing concerning either delinquency or status cases shall be set and heard by the court within 24 hours of detention occurrence, excluding nonjudicial days.
 
   Ex parte orders for temporary custody obtained during nonjudicial days shall be heard by the next available judicial day.
 
Adopted effective January 22, 2000.

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