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Rule IV. Motions and Pleadings

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   A. All pretrial and posttrial motions or similar filings in which a hearing is requested shall be in writing and filed with the Clerk at least five (5) judicial days prior to the hearing except by permission of the Court.
 
   B. Counsel at the time of making said filing shall obtain a date for a hearing thereon from the Judge or the Bailiff.
 
   C. The Clerk shall not accept said filing unless it is accompanied by notice of the time of the hearing.
 
   D. Notice of said hearing shall be mailed or personally delivered to counsel, or unrepresented parties, three (3) full judicial days prior to said hearing. The use of the United States Postal Service shall constitute sufficient compliance.
 
   E. A Motion to Continue can be filed disclosing that all other parties and counsel agree to the continuance in which case the Court can grant the motion without a hearing.
 
   F. A Motion to Continue without agreement of opposing counsel and parties shall be set as previously outlined herein.
 
   G. Upon the Court granting the Motion for Continuance, counsel seeking the continuance shall obtain a proposed date from the Bailiff and verify the new date with other counsel and unrepresented parties. If the new date is not agreeable, then it is the responsibility of the movant to obtain a new date that is agreeable to all counsel and unrepresented parties.
 
   H. Motions for a placement change can be approved by the Court without further hearing after three (3) days from filing unless an objection is filed with the Clerk and notice is given to the Bailiff, whereupon the matter shall be set for hearing by the Court. The Nebraska Department of Social Services shall in writing notify the court, guardians ad litem, and counsel for minor children within 24 judicial hours of any change in placement.
 
   I. 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 § 43-247(3)(a) cases. The denial shall include counsel's estimate as to the amount of time necessary for trial.
 
   J. Motions for Detention, Endorsed Summons, and such other Ex Parte Orders may be set and heard by the Court within 24 hours of the detention occurrence, excluding nonjudicial days.
 
   K. All motions sought to be entered without a hearing shall be accompanied by a proposed order for the Judge's signature.
 
   L. All § 43-247(3)(a) and (b) petitions filed must allege specific allegations with the exception of a "deports" allegation when filed in conjunction with a law violation. A Plea of admission or no contest (on abuse/neglect/dependency allegations) to general allegation petitions will not be accepted by the Court.
 
Adopted March 31, 1995.

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