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Rule II. Motions and Other Filings

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   A. All motions or similar filings in which a hearing is requested shall be in writing and filed with the Clerk of the District Court (the Clerk) at least 5 judicial days prior to hearing, except by permission of the court.

 

   B. Counsel at the time of making such filing shall obtain a date for hearing thereon from the judge to whom the case is assigned or the judge’s bailiff and file a notice of hearing with the filing. Unless approved by the judge, a hearing date must be obtained for each motion, even if motions in the same case are already scheduled. The Clerk shall not accept said filing unless it is accompanied by notice of the time and date of the hearing.

 

   C. Notice of said hearing shall be mailed or personally delivered to other counsel or unrepresented parties 3 full judicial days prior to said hearing. The use of the U.S. Postal Service shall constitute sufficient compliance. Judicial days refer to days that the court normally would be in session, not including weekends and legal holidays.

 

   D. All motions for orders sought to be entered without a hearing shall be accompanied by a proposed order for the judge’s signature.

 

   E. 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. Once a case has been set for hearing, the case may not be continued except for good cause shown as determined by the court. Counsel seeking the continuance shall obtain a proposed date from the court’s bailiff and verify the new date with other counsel and unrepresented parties. If the new date is not agreeable, it is the responsibility of the movant to obtain a new date that is agreeable to all counsel and unrepresented parties. A Motion to Continue without agreement of opposing counsel and parties shall be set for hearing by the court as previously outlined herein.

 

   F. Motions for Placement Change can be approved by the court without further hearing after 7 days from filing unless an objection is filed with the Clerk and notice is given to the judge or judge’s bailiff, whereupon the matter shall be set for hearing by the court. The Nebraska Department of Health and Human Services shall notify in writing the court, guardian ad litem, and counsel within 24 judicial hours of any immediate change in placement.

 

   G. Motions for Immediate Custody involving delinquency cases may be set and heard by the court as early as 24 hours of the court’s receiving notice of the detention occurrence, but no later than 48 hours, excluding nonjudicial days. Orders for Immediate Custody based upon violations of conditional release may be waived in writing by counsel for the juvenile.

 

   H. Ex Parte Motions for Temporary Custody involving nondelinquency cases shall come on for hearing within 10 days of the Ex Parte Order’s being signed.

 

   I. A written Denial may be filed with the Clerk and shall include counsel’s estimate as to the amount of time necessary for trial.

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