These rules for the district court of the First Judicial District shall become effective upon approval by the Supreme Court and publication in the Nebraska Advance Sheets and shall supplement the Uniform District Court Rules of Practice and Procedure adopted by the Supreme Court. 

Adopted effective September 29, 1995.

   Terms of the Court may be set by the judge in each County. Counsel should contact the Bailiff or Clerk of the District Court in each County to ascertain said terms. 

Adopted effective September 29, 1995; amended September 21, 2005. 

   In addition to the requirements set forth in Neb. Rev. Stat. § 25-1148 (Reissue 1995), a Motion for Continuance shall set forth whether the opposing party has an objection. If the opposing party does not object to the continuance, the party filing the motion shall be responsible for arranging, as soon as practical, a new date and time with all opposing parties and the Court. If the opposing party does object, it is the responsibility of the party filing the motion to set the motion for a continuance hearing. Except for exigent circumstances, a motion for a continuance shall be made at least three (3) working days prior to the hearing for which the continuance is requested.

Adopted effective September 29, 1995; amended September 21, 2005.

   It shall be the duty of the party directed by the Court to promptly prepare a proper journal entry, order, judgment, or decree. The proposed journal entry shall be submitted to opposing counsel for approval as to form and submitted to the Court for its signature within ten (10) days after entry of the decision or order.

Adopted effective September 29, 1995; amended September 21, 2005.

   A. Property Statements: Where the action involves a division of property by the Court, each party shall prepare a property statement setting forth assets, liabilities, and any other information concerning property germane to the case at bar. The party filing the action shall have sixty (60) days from the date of filing to prepare, furnishing a copy to the opposing party. The responding party shall then complete the property statement by adding to it any additional property and that party’s estimates of value of all property listed. The responding party’s additions shall be served upon the initiating party within thirty (30) days after the filing of the initial statement. The property statements shall be in the format of Exhibit A attached hereto. When property division is contested at final hearing, the parties shall prepare a joint property statement for use as an exhibit. Either party may receive an extension of time for filing or completing property statements on written motion and good cause shown. Except by agreement of the parties or order of the Court, amendments to the property statement shall not be permitted unless filed at least ten (10) days prior to trial. Property Statements shall not be filed with the Court but proof of service shall be filed.

   B. Temporary Hearing: Unless otherwise ordered, temporary applications shall be governed by Unif. Dist. Ct. R. of Prac. 4(B) (rev. 2000). Except where a party appears pro se and live testimony is required, or unless otherwise ordered, evidence shall be submitted by affidavits, which shall be exchanged by the parties at least forty-eight (48) hours prior to the hearing. Responsive affidavits shall be exchanged at least twenty-four (24) hours prior to the hearing. Except for good cause shown, no more than five (5) affidavits, or alternatively, no more than fifty (50) affidavit pages (including exhibits attached thereto), will be considered by the Court at the time of the temporary hearing.

   C. Ex Parte Custody Orders: No ex parte order shall be entered in a domestic relations case without one (1) or more supporting affidavits from a party or his or her witnesses. Except for good cause shown, no ex parte temporary order shall be entered in a pending case if the opposing party is represented by counsel or a guardian ad litem/attorney for minor(s) has been appointed. If an ex parte order is issued, it shall be served upon the opposing party or counsel forthwith, and a temporary hearing shall be held forthwith.

   D. Contested Custody: If an issue concerning custody of a minor child exists, the Court may appoint a guardian ad litem/attorney for the minor(s). In such event, the Court will order an initial deposit of fees to be paid by the parties into the Court within a specified time period. If no time period is specified by the Court, it shall be 20 days. Initial fees shall be allocated between the parties in the discretion of the Court, subject to modification and the assessment of additional fees at the time of the final hearing. Those claiming indigent status may apply to the Court for a waiver of such fee assessment. Such an application must be accompanied by an affidavit establishing poverty. When a guardian ad litem/attorney for the minor child makes application for payment of fees in a case involving a claim of indigence, copies of the fee application and notice of hearing shall be served upon the County Attorney, who may appear at the hearing to object to payment of the same.

   E. Final Hearings/Pretrial Conferences: Final hearings in all dissolution cases shall be set for fifteen (15) minutes uncontested hearing. If the case is not settled, the parties shall notify the Bailiff or Clerk for setting of a pretrial. Pretrials may be waived by the Court. No case will be docketed for final hearing or pretrial until at least both parties have prepared a property statement or the Court waives such preparation for good cause.

   F. No document filed in the public record of a case shall have complete vehicle identification numbers, account numbers, Social Security numbers, dates of birth, or other personal identification information. Real estate shall be described by legal description as opposed to street address.

   G. Leaving the State: Every order for child custody, temporary or permanent, shall contain language substantially as follows:

   A party exercising custody of a minor child is ordered not to move the child outside the State of Nebraska. Anyone intending such a move must first:

   (1) Make written application to the Court; and

   (2) Give notice of the application and hearing to the other party as required by law.

   H. Reduction in Support for Periods of Visitation: Whenever a temporary or permanent child support order provides for a reduction in child support while a non-custodial parent has possession of the child or children, the following procedure shall be utilized:

   (1) The order shall clearly state the time period and percentage that the non-custodial parent’s child support obligation shall be reduced.

   (2) The reduction shall be automatically deducted unless the custodial parent submits an affidavit within thirty (30) days after the child or children return to him or her stating that the non-custodial parent was not in the possession of the child or children for the requisite time period. If such an affidavit is filed, a hearing shall be held to determine whether the reduction shall be allowed.

   (3) Failure of the custodial parent to file such an affidavit within thirty (30) days shall constitute a waiver of objection to the reduction of child support.

   I. Rule for Mediation in Domestic Relations Cases:

   1. Parties to domestic-relations matters involving children are required to attend the District Court parent education program required by the court within sixty (60) days from receipt of service of process. This includes filing for dissolution of marriage and determination-of-paternity cases, which involve issues of custody and/or visitation. Effective on January 1, 2008, motions to compel existing orders which involve parenting issues, applications to modify decrees of dissolution which involve parenting issues, and applications to modify decrees of paternity which involve parenting issues shall be subject to the requirements of this rule, and both parents are required to attend the parent education program.

   If the court deems it advisable, the parties may be required to complete a second level parenting class or the children of the parties may be referred to a class.

   Prior to July 1, 2010, the parties shall submit a parenting plan to be approved by the court. The parenting plan shall be developed by the parties or their counsel, an approved mediation center, or a private mediator. When a parenting plan has not been developed and submitted to the court, the court shall either create the parenting plan in accordance with the Parenting Act (parenting plan samples available from the District Court Clerk) or refer the case to an approved mediator. At any time in the proceeding, the Court may refer a case to an approved mediator in order to attempt resolution of any relevant matter. Until July 1, 2010, either party may terminate mediation at any point in the process.

   On or after July 1, 2010, all parties who have not submitted a parenting plan to the court within the time specified by the court shall be required to meet and participate in mediation services or another assigned mediator to complete a parenting plan or visitation schedule, including child custody, visitation, grandparent visitation, and any other issues relating to the children that may be susceptible to mediation. No trial date will be scheduled until attendance at the required parent education seminar has been completed and mediation to resolve custody and/or visitation issues has been attempted, provided, however, that failure or refusal to participate by a party shall not delay entry of a final judgment by more than six (6) months. It is further provided that, notwithstanding the language in this paragraph, domestic-violence issues may, upon consideration by the trial court, disqualify the parties from mediation.

   On or after July 1, 2010, a party may not terminate mediation until after an individual initial screening session and one mediation or specialized alternative dispute resolution session are held.

   Parties or counsel are required to notify the Mediation Services Office of any request for delay in assignment of a mediator if the parties and counsel are attempting to negotiate a parenting plan agreement, which agreement shall be required to comply with the parenting plan checklist. In the event there is failure to request a delay of mediator assignment, a mediator shall be assigned pursuant to this rule.

   2. The Court shall prepare an order, for distribution by the District Court Clerk, advising the filing parties and their attorneys that attendance at the parenting seminar “What About The Children” or “Communication Skills for Parents in Conflict” is mandatory and must be completed within six months (6) from the filing of the complaint. The order shall also advise the parties and counsel: (1) the parenting plans and visitation schedules may be referred for mediation; (2) that no trial date will be set until attendance at the required parent education seminar has been completed, and if required, mediation to resolve custody and/or visitation issues has been attempted; (3) that failure or refusal to participate by a party shall not delay entry of a final judgment by more than six (6) months; and (4) that domestic-violence issues may, upon consideration by the trial court, disqualify the parties from mediation. The District Court Clerk shall include this order with the filing and service packets distributed by the clerk.

   3. The District Court Clerk shall maintain a list of mediators approved by the District Court judges and the Mediation Committee of the District Court. These mediators must meet State of Nebraska (or equivalent) standards for training in order to qualify. The following requirements apply to all participating mediators:

Court-approved mediators will determine their own fees and will provide a copy of their fee schedule to the Court. In order to be on the list of court-approved mediators, a mediator must agree to use a sliding-scale fee of $25 to $75 per person per hour, determined on the basis of what each party is able to pay. Court-approved mediators must also agree to take pro bono cases on an “as needed” basis. The Court will determine the need for such pro bono services, so that the burden of these cases is equitably distributed among the participating mediators.

   4. Prior to participation in the program, qualified mediators will be required to attend an orientation session, which will be conducted by the Court, to review the mediation procedures, as well as the parenting plan checklist. Each participating mediator must be willing to agree to the court requirements for participation, and each mediator will be asked to sign a statement indicating acknowledgment and acceptance of the requirements.

   5. When a judge refers a case for mediation, the judge will indicate the issues to be mediated, as well as any choice of a mediator if the judge has a preference. The judge may also indicate whether there is a particular mediator whom the judge does not wish to use. The attorneys for the parties may also mutually agree upon the choice of a mediator and may indicate whether they wish the parties to mediate any issues other than custody and parenting or visitation plans. If financial issues are to be mediated, the case may be assigned to an attorney mediator.

   6. The attorneys will be requested to bring the parties to a Mediation Service Office forthwith or to immediately provide the Mediation Service Office with all necessary client information, so the staff can confer with the parties and their attorneys, and can discuss selection of a mediator. Unless a specific mediator has been requested, the next mediator appropriate to the parties and their needs will be assigned from the rotating list, and the Mediation Services Director will contact the mediator to confirm the mediator, who must advise the Mediation Services Director within ten (10) days of receipt of the paperwork of the date for the parties first appointment. The Mediation Services Office will attempt to screen each case for domestic violence, which would disqualify the parties from mediation, but the individual mediator may also refuse to mediate a case if the mediator determines that it would be inappropriate.

   7.a. If the parties reach an agreement through mediation, the agreement shall be reduced to writing. Copies shall be provided by the mediator or Mediation Service Office to the parties and their attorneys, together with a notice informing the parties and their attorneys of their right to express their objections to the written agreement. The notice shall inform the parties and their attorneys that they have twenty-one (21) days from the date of the notice to notify the mediator or the Mediation Services Office of any written objections to the terms of the agreement. Such objections shall be specific. All matters not specifically objected to shall be deemed final. If no objections are received within twenty-one (21) days, then the agreement shall automatically be forwarded to the Mediation Services Office for final processing, pursuant to subsection (c) below.

   If the parties and counsel negotiate a Parenting Plan agreement, which agreements shall comply with the Parenting Plan Checklist, the agreement shall be forwarded to the Mediation Services Office immediately after signing pursuant to subsection (c) below.

   b. Upon the filing by either party or attorney of objections to the agreement, the mediator shall forthwith schedule a re-mediation session on the disputed issues identified in the objection. The mediator may charge additional fees for the re-mediation session and related expenses. Following re-mediation efforts, the mediator shall forward to the Mediation Services Office the “re-mediated agreement” which shall recite those issues which remain contested, if any.

   c. Agreements or amended mediation agreements shall be forwarded to the Mediation Services Office, where said agreements shall be reviewed. A copy of the agreement or amended mediation agreement shall be forwarded, along with the appropriate certificate of readiness form, to the judge to whom the case is assigned and to the court file. For cases involving parties with no counsel, the Mediation Services Office will require the parties to complete and file with the District Court Clerk a “Certificate of Readiness” indicating that the case is ready to be set for an uncontested final hearing. Such certificates will be in a form acceptable to the Court.

   d. Prior to setting a case for an uncontested final hearing, the parties shall file a “Certificate of Readiness” with a copy of the parenting plan with the Court. For cases involving parties with no counsel, the Mediation Services Office will require the parties to complete and file the certificate with the District Court Clerk. Such certificate will be in a form acceptable to the Court.

   e. The “Certificate of Readiness” for final hearing shall contain the following information:

   i. The full names of the parties;

   ii. The case number of the case;

   iii. The names, addresses, and bar number of counsel;

   iv. The date on which the complaint was filed and the date of service on defendant or the date of filing of the voluntary appearance by the defendant;

   v. That the parties have agreed to a parenting plan;

   vi. That the parties have attended the parent education seminar required by the court;

   vii. That the parties have completed child support calculations pursuant to the Nebraska Child Support Guidelines and have agreed to all financial matters contemplated by the guidelines;

   viii. That the parties have entered into a written and signed property settlement agreement; and

   ix. That the parties have or have not attended mediation.

   f. If the parties have not agreed to any of the following: parenting plan, child support calculations, or a property settlement agreement, they should not file a “Certificate of Readiness.” They should contact the bailiff to schedule further hearings.

   8. The Mediation Services Office will follow up on the deadlines set by the Court and whether any extensions of time have been granted.

   9. Remediation Clause cases. When the parties are mediating amendments to existing decrees or modification proceedings, they may directly request mediation through their previous mediator or may request re-assignment to a different mediator through the Mediation Services Office.

   10. The Mediation Committee will be a standing committee of the District Court and will be composed of three (3) district judges, the Mediation Services Director, at least one outside mediator/advisor, and such other persons as the Committee deems necessary. The Chair Judge of Mediation Services will chair this Committee and may be consulted individually, as may be needed by the conciliation and Mediation Services Director, for answers on day-to-day operations of the mediation program.

   11. The Mediation Committee of the District Court may make such other operating rules as may be needed to facilitate the beginning and continuation of this mediation program.

   12. The Mediation Services Office will be designated by the Mediation Committee of the District Court. A Mediation Services Director will be appointed by the Mediation Committee of the District Court.

   13. Parties that have either terminated mediation unsuccessfully or have been determined to not qualify for mediation services shall have their case set for final trial before the court as soon as possible.

Approved September 21, 2005; amended May 7, 2008; amended April 13, 2011.

   A. Request for Telephonic Conference Hearing:

   (1) A matter may be heard by telephonic conference call by permission of the court.

   (2) Telephonic conferences requested by the moving party shall be arranged prior to the filing of the motion, and the notice of hearing shall clearly state that the hearing will be held by telephonic conference call. Telephonic conferences requested by a party other than the moving party shall be arranged three (3) days prior to the hearing, and notice shall be filed by the party requesting the hearing, together with proof of service thereof on all opposing parties.

   B. Any party desiring to present evidence at a hearing must be present in person, unless leave of the Court is granted.

   C. Initiation of Telephonic Conference Call:

   (1) The party requesting the telephonic conference call shall be responsible for initiating the call and shall provide for all expenses of the call.

   (2) The party initiating the call shall utilize appropriate equipment and systems to ensure that all persons participating have adequate 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.

Adopted effective September 29, 1995; amended September 21, 2005.

   A. Availability of Counsel During Jury Deliberations: Counsel will be available on short notice personally or by telephone, as ordered by the Court, during jury deliberations in the event of a verdict or a question by the jury. The Bailiff or Clerk should be kept informed of where counsel will be at all times when the jury is deliberating, unless excused by the Court.

   B. Absence of Counsel on Receipt of Verdict: In civil cases, the Court will not deem it necessary that any party or any counsel be present or represented when the jury returns to the courtroom with its verdict.

Adopted effective September 29, 1995; amended September 21, 2005.

   All correspondence with the Court regarding pending litigation shall refer to the subject case by case title, number, and county, and a copy of such correspondence shall be mailed to opposing counsel.

Approved September 21, 2005.

   Unless otherwise directed by the Court, court files may not be checked out.

Approved September 21, 2005.

   As used in these rules, the word “motion” includes applications, special appearances, and all requests for an order from the Court. Unless otherwise authorized by the Court, all motions, except requests for continuances, shall be filed with the Clerk not less than ten (10) working days prior to the hearing. At the time of filing, the moving party shall obtain a date for hearing from the Bailiff or Clerk, depending on local practice, and provide notice to the opposing party.

Approved September 21, 2005.

   Affidavits, depositions, and other proposed exhibits in support of motions shall not be filed with the Clerk unless otherwise ordered by the Court. Nothing in this rule shall prohibit any properly filed pleading from being offered and received into evidence.

Approved September 21, 2005.

   In addition to the requirements of the Uniform District Court Rules, counsel may be permitted to withdraw from a matter upon filing an affidavit which:

   A. recites that the motion to withdraw and notice of hearing has been served upon the client and all parties of record and

   B. provides the client’s last known mailing address.

Approved September 21, 2005.

   All stipulations shall be made in open court and recorded by the reporter or reduced to writing and signed by the parties or counsel and filed with the Court.

Approved September 21, 2005.

   All attorneys and parties shall comply with the Uniform District Court Rules regarding courtroom decorum, conduct, and ordinary business attire.

Approved September 21, 2005.

   Both the moving party and opposing party shall submit a brief in support of or opposition to a motion for summary judgment. The brief of the moving party shall contain a separate statement of each material fact supporting the contention that there is no genuine issue to be tried and as to each shall identify the specific document, discovery response, or deposition testimony (by page and line) which is claimed to establish the same. Briefs shall be filed at the time of hearing unless leave is granted to file thereafter.

Approved September 21, 2005.

   In the months of February and August of each year, or when otherwise directed by the Court, the Clerk shall prepare a list of pending civil cases in which no action has been taken for six (6) months prior thereto. An order shall then be entered requiring that cause be shown, within thirty (30) days from entry of order, as to why said case should not be dismissed for lack of prosecution. Notice of said order shall be sent to all attorneys of record and pro se parties. If good cause is not shown, such cases shall be dismissed.

Approved September 21, 2005.

   An Information in a criminal case shall have noted thereon the statute under which each count of the complaint is brought, the class of offense, and the penalty for the same.

Approved September 21, 2005.

   A. The Court should be advised of jury cases which are ready for trial at the opening of the term.

   B. No criminal case set for trial will be continued or taken out of order unless a written motion for a continuance, supported by sufficient affidavits, is granted by the Court. If the motion is based upon the want of testimony by an absent witness, the affidavit shall state the substance of the witness’ testimony and relate efforts which have been made to secure such testimony.

Approved September 21, 2005.

   A. In cases where a penalty of confinement has been ordered by the County Court, no appeal shall be dismissed upon the motion of the defendant unless he or she appears personally before the District Court to request such dismissal.

   B. In cases where a fine has been imposed by the County Court, no appeal shall be dismissed upon the motion of the defendant unless the defendant appears personally before the District Court to request such dismissal and a showing is made that all fines and costs have been paid.

Approved September 21, 2005.

   Court-appointed counsel shall be paid an hourly fee established by the Court and kept on file with the Clerk. Before court-appointed counsel’s claim for payment is allowed, such attorney shall file a written motion for fees, positively verified, itemizing the time and expenses spent on the case. All motions for fees shall be served on the County Attorney.

Approved September 21, 2005.  

   Court-appointed counsel shall be paid an hourly fee established by the Court and kept on file with the Clerk. Before court-appointed counsel’s claim for payment is allowed, such attorney shall file a written motion for fees, positively verified, itemizing the time and expenses spent on the case. All motions for fees shall be served on the County Attorney.

Approved September 21, 2005.

   These rules for the district courts of the Second Judicial District shall become effective upon approval by the Supreme Court and publication in the Nebraska Advance Sheets and shall supplement the Uniform District Court Rules of Practice and Procedure adopted by the Supreme Court.

Adopted effective September 22, 1995.

   The regular term of the court in each county shall be deemed to commence on January 1 of each calendar year, and shall be deemed to conclude on December 31 of the same calendar year. No order opening or closing such term shall be required.

Adopted effective September 22, 1995.

   A. Motion Days-Motion days in all counties shall be on Mondays at the times listed below. In the event a motion day is a recognized holiday, each judge, at his or her option, may designate the next recognized working day as a motion day. Unless otherwise prescribed by the assigned judge, preliminary matters are called as shown below:

Sarpy County

Otoe County (Rehmeier)

Cass County (Rehmeier)

   B. Unless otherwise ordered by the court, all motions (except for temporary allowances), written objections, and other filings of a similar nature, shall cite the legal authorities relied upon, and shall contain a notice of hearing with a date and time selected as set forth above not less than five (5) nor more than thirty (30) days from filing. Absent a notice of hearing or specific directions by the court, the matter will be automatically calendared on the first motion day after five (5) days have passed following filing.

   C. Motions (except for contempt or to vacate a judgment) shall be submitted on affidavits and arguments of counsel, unless otherwise ordered. If a moving party fails to appear in support of a pleading at the prescribed time, the same shall be deemed submitted without argument.

   D. Hearing on motions for summary judgment, motions to suppress evidence, temporary replevin orders, temporary injunctions, motions for new trial and matters requiring more than five (5) days notice shall be set only after conferring with the assigned trial judge.

   E. When a motion is ruled upon, the party required to plead further shall be allowed ten (10) days to further plead, except as is otherwise ordered by the court.

   F. Child Support Enforcement-In Sarpy County, child support enforcement cases shall be heard by the Statewide-Referee.

   G. Alternative Services-Motions for service by publication are submitted ex parte to the assigned trial judge when filed. The motion shall be accompanied by an affidavit of factual matters establishing the defendant(s) cannot, with reasonable diligence, be served by personal service, residence service, certified mail, or any other matter that would provide the party with actual notice of the proceedings and an opportunity to be heard.

Adopted effective September 22, 1995; amended effective March 5, 1999; Rule 2-2(C) and (F) amended January 3, 2003; Rule 2-2(A) deleted and (B)–(H) renumbered to (A)-(H) and Rule F amended effective October 16, 2007; Rule 2-2(A) amended effective December 10, 2008. 

   All stipulations not made in open court or in chambers and recorded by the reporter and all agreements of counsel or parties to a suit, must be reduced to writing and signed by the parties making the same and filed with the clerk, or they will not be recognized or considered by the court.

Adopted effective September 22, 1995.

   All correspondence to the court regarding pending litigation shall refer to the subject case by case title, number and county, and a copy of such correspondence shall be mailed to opposing counsel. If the correspondence entails the transmittal of pleadings or journal entries, orders, or decrees, pre-addressed stamp envelopes required for those purposes shall be enclosed therewith.

Adopted effective September 22, 1995.

   Except as otherwise provided by statute, or by order of the court, proof of service of any pleading, motion, or other paper required to be served shall be made by: (1) a certificate by or on behalf of counsel showing the name and address on whom service was had; (2) written receipt of the opposing party or his or her attorney; (3) affidavit of the person making service; (4) return of the county sheriff; or (5) other proof satisfactory to the court. Failure to make proof of service will not affect the validity of the service, and the court may at any time allow the proof of service to be amended or supplied unless it clearly appears that to do so would result in material prejudice to substantial rights of any party affected thereby.

Adopted effective September 22, 1995.

   The following provision shall apply to any decree providing for a reduction in child support payments while the non-custodial parent has possession of said child or children:

    (1) The non-custodial parent shall prepare and sign an affidavit stating the inclusive dates that the non-custodial parent had possession of the minor child or children with the name of said child or children showing the amount of support to be reduced.

    (2) This affidavit shall be filed with the clerk of the district court within thirty (30) days after said possession and a copy mailed to the custodial parent or it shall be presumed that the non-custodial parent did not have possession of the child or children for the affected time period.

    (3) Within thirty (30) days after receipt of the copy of said affidavit, the custodial parent may file an objection or counter-affidavit, and if this is done, a hearing date will be set to determine the matter.

    (4) Failure of the custodial parent to file an objection or counter-affidavit within thirty (30) days shall constitute a waiver to contest the reduction of child support issue.

    (5) Counsel for the parties shall advise the parents of this provision.

Adopted effective September 22, 1995.

   (1) Applications for an order consenting to adoption of children subject to jurisdiction of the court must be accompanied by a photocopy or duplicate original of all relinquishments and consents to adoption as required by law. Attorneys should note that in case of abandonment or other situations where one or both of the natural parents are unable to consent, substitute consents are required.

   (2) Any delinquent support payments remain a judgment against the party ordered to pay such support, unless a receipt or satisfaction is filed by the party to whom the support is due.

   (3) Upon completion of the adoption proceedings, an appropriate motion shall be filed together with a proposed order terminating all future support as of the date of the adoption decree. The motion and proposed order shall be accompanied by a copy of the adoptive decree.

Adopted effective January 29, 2000.

   A. The moving party shall set forth in the brief in support of the motion for summary judgment the basis for the motion, including the Rule of Procedure or statute under which the motion is filed, and a separate statement of each material fact as to which the moving party contends there is no genuine issue to be tried and as to each shall identify the specific document or portion  thereof or discovery response or deposition testimony (by page and line) which it is claimed established the fact.

   B. The party opposing a motion for summary judgment shall set forth in its opposing brief a separate statement of each material fact as to which it is contended there exists a genuine issue to be tried and as to each shall identify the specific documents or discovery response or deposition testimony (by page and line) which it is claimed establishes the issue.

Adopted effective June 8, 2005.  

   A. Criminal Cases: Criminal cases shall be set for trial at the discretion of the judge presiding over the case, at the time of or following the arraignment of the defendant.

   B. Civil Cases and Domestic Cases: All civil (law or equity) and domestic cases shall be set for trial by the assigned trial judge in accordance with the following procedures:

    (1) In all civil and domestic cases, a Certificate of Readiness for Trial shall be filed (on a form provided by the Clerk of the District Court, a copy of which is attached to these Rules) with the Clerk of the District Court upon the completion of all discovery proceedings, and a copy delivered to the judge assigned to said case;

    (2) Failure to object to the Certificate of Readiness within (ten) 10 days from the date of filing shall constitute an acceptance by all parties that the matter is ready for trial and can be tried in the amount of time as designated by the party filing the Certificate of Readiness;

    (3) If an Objection is filed to the Certificate of Readiness filed by an opposing party, the party filing the Objection to said Certificate of Readiness shall set the matter for hearing on a regularly scheduled motion day (pursuant to Rule 2-2 of these Rules) and give notice of said hearing to all parties;

    (4) Trial assignment priority shall be within the discretion of the judge assigned to the case, but said judge shall prioritize as much as possible trial assignments by the dates of the filing of Certificates of Readiness.

   C. Other Settings: Notwithstanding subsection B of this rule, the judge assigned to such case may on his or her own motion assign a trial date to said case or, in the alternative, hold periodic docket calls for the purpose of assigning trial dates to pending cases.  In the event that a case is set for docket call for the purpose of setting a trial date, counsel or unrepresented parties shall be required to personally appear for such docket call.

Rule 2-9(A) amended effective October 16, 2007.

   A. All parties who have not submitted a parenting plan to the court within 90 days of filing an action involving child custody shall be required to meet and participate in mediation services or the specialized alternative dispute resolution process to complete a parenting plan or visitation schedule, including child custody, visitation, grandparent visitation, and any other issues relating to the children that may be susceptible to mediation or the specialized alternative dispute resolution process. No trial date will be scheduled until attendance at the required mediation to resolve custody and/or visitation issues has been attempted or the specialized alternative dispute resolution process has been attempted, provided, however, that failure or refusal to participate by a party shall not delay entry of a final judgment by more than 6 months.  It is further provided that, notwithstanding the language in this paragraph, domestic-violence issues may, upon consideration by the trial court, disqualify the parties from mediation.

   For good cause shown and (1) when both parents agree and such parental agreement is bona fide and not asserted to avoid the purposes of the Parenting Act, or (2) when mediation or specialized alternative dispute resolution is not possible without undue delay or hardship to either parent, the mediation or specialized alternative dispute resolution requirement may be waived by the court.  In such a case where waiver of the mediation or specialized alternative dispute resolution is sought, the court shall hold an evidentiary hearing and the burden of proof for the party or parties seeking waiver is by clear and convincing evidence.

   B. A party may not terminate mediation until after an individual initial screening session and one mediation or specialized alternative dispute resolution session are held unless said mediation is waived as provided herein.

   C. All parties not having agreed to a parenting plan within 90 days of filing an action involving child custody, and not having agreed to a specific mediator, shall contact the bailiff of the assigned Judge, and shall be assigned the next mediator from a rotating list of approved mediators.  However, parties or counsel are required to notify the Judge assigned to the case, by notifying his or her bailiff, of any request for delay in assignment of a mediator if the parties or counsel are attempting to negotiate a Parenting Plan agreement.

   D. At any time in the proceedings, the court may refer a case to mediation or the specialized alternative dispute resolution process in order to attempt resolution of any relevant matter. The court may state a date for the case to return to court, and the court shall not grant an extension of such date except for good cause shown unless said mediation is waived as provided herein.

   E. The District Court Clerk of each county shall maintain a list of mediators approved by the Mediation Committee of the District Court.  These mediators must meet State of Nebraska (or equivalent) standards for training in order to qualify. The following requirements apply to all participating mediators:

   (1) Each participating mediator shall comply with Nebraska Law on mediation, including the Nebraska Parenting Act.  Additionally, any mediator qualifying as a specialized mediator, who conducts specialized alternative dispute resolution, shall meet all requirements set forth by Neb. Rev. Stat. § 43-2938(3), or any amendment thereto.  All mediators and/or specialized mediator must be willing to agree to the court requirements for participation, and each mediator will be asked to sign a statement indicating acknowledgment and acceptance of the requirements.

   (2) Court-approved mediators will determine their own fees and will provide a copy of their fee schedule to the Mediation Committee of the District Court.  In order to be on the list of court-approved mediators, a mediator must agree to use a sliding-scale fee of $25 to $75 per person per hour, determined on the basis of what each party is able to pay. Court-approved mediators must also agree to take pro bono cases on an "as needed" basis. The Court will determine the need for such pro bono services, so that the burden of these cases is equitably distributed among the participating mediators.

   F. Prior to commencing an initial mediation session, the mediator shall provide an initial individual screening session with each party to assess the presence of child abuse or neglect, unresolved parental conflict, domestic intimate-partner abuse, other forms of intimidation or coercion, or a party's inability to negotiate freely and make informed decisions. If any of these conditions exists, the mediator shall proceed with the specialized alternative dispute resolution process that addresses safety measures for the parties, if the mediator is on the approved specialized list of an approved mediation center or approved list of the State of Nebraska, or shall refer the parties to a mediator who is so qualified.

   G. In conjunction with setting a case for an uncontested final hearing, the parties shall file a pleading, and provide a copy to the assigned Judge, indicating all issues have been resolved and a parenting plan, which has been reduced to writing, has been agreed to by the parties. If the parties have not agreed to any of the following: parenting plan, child support calculations, or a property settlement agreement, they should file a certificate of readiness with the Court and indicate within the certificate of readiness whether the parties have complied with the mediation requirements of this rule.

   H. The Mediation Committee of the District Court may make such other operating rules as may be needed to facilitate the beginning and continuation of this mediation program.

   I. The Mediation Committee of the District Court will be a standing committee of the district court and will be composed of the four district court judges and such other persons as the committee deems necessary.

Rule 2-10 approved June 3, 2010.

(Since November 1999)

November 29, 2000, Amendments

§3-7 Amended

§3-9 Amended

§3-15 Added

Appendix p.1 Amended with renumbering on p.2

Appendix p.  4 Amended

Appendix p.  10 Amended

Appendix pp.  14 - 23 Added

September 5, 2001, Amendment

Add Rule 3-2.F

January 9, 2003, Amendment

Rule 3-2  Amended

Rule 3-6  Amended

Rule 3-7  Amended

Rule 3-11  Amended

Appendix p. 13 Trial Notice Amended

June 2, 2004, Amendment

Add Rule 3-2.H

Rule 3-8  Typographical error corrected

Rule 3-9.B  Extraneous language deleted

Rule 3-9.C  Policy requiring parenting classes in certain situations made permanent

Rule 3-9.E  Permitting exceptions to Property Statement requirement

Rule 3-9.G  Added new section and the original 3-9.G is moved to 3-9.H

Rule 3-12  Moved to Rule 3-14 and Procedures for fee applications by Guardians ad litem are added

Rule 3-13  Deleted

Rule 3-15  Moved to Rule 3-13 and temporary rules previously contained in the Appendix are made a part of the Rules.  Language in this Rule has been amended to reflect that the temporary policy is now permanently adopted.

November 2006 Amendment

Rule 3-2.E  Delete

Rule 3-2.F through Rule 3-2.H are renumbered to 3-2.E through 3-2.G

Rule 3-2.H  Add

Rule 3-9.E(2)(b)  Delete reference to Wilson v. Wilson

Rule 3-9 final paragraph  Insert limitation on adding to witness list

Appendix

  Exhibit A  Insert Warning not to use account numbers

  Joint Property Statement  Insert Warning not to use account numbers and change references to Plaintiff and Defendant

  Social Security/Gender filing  Add

January 2008 Amendment

Rule 3-15  Added

Attachment D  Add birthdates for children

June 2010 Amendment

Rule 3-9  Amended

Rule 3-13  Amended

Rule 3-15  Amended

Rule 3-16  New rule re file retention

Rule 3-17  New rule re detainer cases

Appendix-Table of Forms   Amended

Appendix Forms

   Form 1  Form number added

   Form 2  Form number added

   Form 3-Parenting Time  Amended

   Form 4  Form number added

   Form 5  Form number added

   Form 6  Form number added

   Form 7  New form re Parenting Act compliance

September 2010 Amendments

Rule 3-2  Amended

Rule 3-15  Amended

Attachment D  Removed

March 2011 Amendments

Table of Contents  Added (not included in online version)

Rule 3-9  Amended

Appendix

   Form 7  Amended

   Form 8  Added

   These rules for the District Court of the Third Judicial District (the court) shall become effective upon approval by the Supreme Court and publication in the Nebraska Advance Sheets and shall supplement the Uniform District Court Rules of Practice and Procedure adopted by the Supreme Court.

Approved effective September 29, 1995.

   There shall be one term of court, commencing on January 1 and ending on December 31 of each calendar year. No order shall be required to either open or close any term of court.

Approved effective September 29, 1995; amended December 23, 1999.

   A. Except as otherwise provided by law, pretrial and posttrial 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) not less than 5 days prior to hearing, except by permission of the court.

   B. Counsel at the time of making said 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.

   C. Notice of said hearing shall be mailed or personally delivered to opposing counsel or party, if not represented by counsel, three 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 Supreme Court.

   D. When the court is acting as an appellate court, a motion to dismiss for lack of jurisdiction may be filed at any time after an appeal has been docketed.

   E. The inclusion of abusive or profane language in any petition or other pleading shall be considered by the court as "malicious" and result in the striking of such pleading, together with other sanctions which may include the denial or revocation of in forma pauperis status in the case and dismissal of the case.

   F. If a party files a motion under Rule 12 of the Nebraska Rules of Pleading in Civil Actions intended to secure final disposition of the case without a trial, and the motion will require the admission of evidence beyond the pleadings, the moving party shall notify the opposing party of this intention and the parties shall follow the procedures applicable to motions for summary judgment set for in statute and these Rules.

   G. The margin at the bottom of the first page of any pleading or other document filed with the Clerk of the District Court shall be at least 2 ¼ inches. This area is reserved for court use to permit affixing a filing stamp, bar code, exhibit identification markings and other official uses. No image, printing or marking of any nature may appear within the bottom margin except as made or authorized by the court or the court clerk.

   H.  Accompanying and separate and distinct from each decree of dissolution of marriage, order of paternity, or other child support order or order of modification of the same shall be an accompanying document in the format provided in Neb. Ct. R. § 6-1521(B) at Appendix 3, which shall contain necessary social security numbers, gender, and birthdates of each party and any minor child affected by the order.  The separate filing of social security numbers shall be distributed to the Child Support division of the Nebraska Department of Health and Human Services, but shall not otherwise be made available without further court order.  An image of the filing shall not be reproduced into Justice.  Social security numbers should not be contained in any other pleading filed with the court.  No pleading or other document filed with the court and no exhibit used at trial shall contain a complete account number for any financial accounts or debts of any party.  The same shall be redacted to the extent necessary to protect the information from misuse.  By agreement of the parties, or as directed by the court, such information shall be identified in such a manner as the parties, counsel, the court, and the jury may be able to distinguish information between similar accounts or debts, or as may be necessary to establish relevance to the matter being litigated.

Approved effective September 29, 1995; amended effective December 23, 1999; Rule 3-2(F) amended September 19, 2001; Rule 3-2(G) amended January 3, 2003; Rule 3-2(H) amended July 14, 2004;  Rule 3-2(E) through (H) amended November 2006; Rule 3-2(H) amended September 9, 2010.

   No continuances shall be allowed, except for good cause shown, upon motion or stipulation and affidavit, pursuant to Nebraska statutes, and any motion for a continuance shall request continuance to a date and time certain to be set by the court.

Approved effective September 29, 1995; amended December 23, 1999.

   Notice of a hearing for judgment or decree on default shall be given as provided for in Rule 3-2.

Approved effective September 29, 1995.

   To curtail undue delay in the administration of justice, the court shall refuse to consider any and all motions relating to discovery, unless moving counsel, as part of the motion, makes a written showing that after personal consultation with counsel for opposing party(ies) and reasonable efforts to resolve differences, counsel are unable to reach an accord. This showing shall recite, additionally, the date, time and place of such conference and the name of all participants. As used herein, "counsel" includes parties who are acting pro se.

Approved effective September 29, 1995. 

   A. The moving party shall set forth in the brief in support of the motion for summary judgment, the basis for the motion, including the Rule of Procedure or statute under which the motion is filed, and a separate statement of each material fact as to which the moving party contends there is no genuine issue to be tried and as to each shall identify the specific document or portion thereof or discovery response or deposition testimony (by page and line) which it is claimed establishes the fact.

   B. The party opposing a motion for summary judgment shall set forth in its opposing brief a separate statement of each material fact as to which it is contended there exists a genuine issue to be tried and as to each shall identify the specific documents or discovery response or deposition testimony (by page and line) which it is claimed established the fact.

Approved effective September 29, 1995; Rule 3-6(A) amended January 3, 2003.

   A. No person, except the judges or the clerk, shall take from the courthouse or out of the office or possession of the clerk, any records, papers or files of the court pertaining to the causes therein, except by permission of the clerk, upon such conditions as the judges may impose. Any file so removed shall be returned to the clerk within 24 hours, unless otherwise ordered by a judge of the court.

   B. Any request for court records made to the clerk by an incarcerated person shall be made through the records manager of the institution at which the inmate is housed. If the request is granted by the court, the incarcerated person shall be provided with copies made at the direction of the court. Original court records, including bills of exceptions shall not be provided to an incarcerated person.

   C. Any damage, destruction, or alteration of an original court record, or any part thereof, by any pro se litigant requesting such record, whether he or she be incarcerated, may result in suspension of the privilege to check out original court records from the clerk.

   D. No one, other than an official court reporter, may take the bill of exceptions apart for any purpose, without written authorization from the court.

Approved effective September 29, 1995; Rule 3-7(B) and (C) amended December 20, 2000; Rule 3-7(B) amended January 3, 2003; Rule 3-7(D) amended January 3, 2003.

   A. As soon after filing of a case as is practicable, the court may enter an order of progression for the case. These orders may include:

   (1) A date when all depositions and discovery allowed by law shall be completed and foreclosing reopening, except upon order for good cause shown;

   (2) a date, time and place for pretrial conference; and

   (3) a date and time for trial.

   B. In the months of May and November of each year, or when otherwise directed by the court or any one of the judges, the clerk shall prepare a list of all pending civil cases and a list of all equity cases in which no action has been taken for six months prior thereto. An order shall then be entered requiring that cause be shown, within 30 days from the entry of said show cause order, as to why said cases shall not be dismissed for want of prosecution. Notice of said order shall be sent by mail to the attorney of record, or parties, if no attorney of record. If good cause is not shown, such cases shall be dismissed.

Approved effective September 29, 1995; amended December 23, 1999.

   A. Application. This Rule 3-9 shall apply to all cases classified by the State Court Administrator as a domestic case, including, without limitation, divorce; paternity; grandparent visitation; any matter within the court's jurisdiction which involves child custody, parenting time, or support; or any matter governed by the Parenting Act.

   B. Motion to Set for Trial. Except as set forth below, after the case is at issue or answer day has passed without response and an Exhibit A has been filed by the moving party, counsel or a party proceeding pro se may file a motion to set the case for trial. The motion shall be set for hearing upon at least 7 days’ notice.

In cases involving children, a hearing on a motion to set the case for trial may not be set by the court until the moving party has filed a certificate showing completion of the parenting classes required by statute and has filed a Notice of Parenting Act Compliance, unless those requirements have been waived by the court.

   C. Hearing on "Motion to Set for Trial." Each counsel or party proceeding pro se is to bring a completed Exhibit A (See Appendix Form 1) to the hearing. The matters to be covered at the hearing will include:

   (1) Objections, if any, to the motion;

   (2) Designation of the issues;

   (3) Filing and exchange of an Exhibit A by the nonmoving party;

   (4) Length of time for trial;

   (5) Selecting a day and time for trial; and

   (6) Additional mediation.

   D. Document exchange prior to trial: Fourteen days prior to trial

   (1) If there is no parenting plan to which the parties have agreed, counsel and parties proceeding pro se are to exchange with each other the parenting plan each intends to propose to the court.

   (2) If there is no agreement on child support, counsel and parties proceeding pro se are to exchange with each other the child support calculation each intends to propose to the court together with the financial documents which support the proposed calculation.

   (3) If there is no agreement on the division of assets and debts, counsel and parties proceeding pro se are to confer and jointly prepare a balance sheet or a joint property statement (Appendix Form 2) which shows the assets and debts of the marriage and how each party proposes to divide those assets and debts. If the issues include the division of household goods and furniture, a separate balance sheet or joint property statement (using Appendix Form 2) shall also be submitted showing how each party proposes the household goods and furniture be divided.

   The parties are under a continuing duty to update all information that is required to appear on the Exhibit A; however, no amendment may be made to a party’s Exhibit A 5 or less days prior to trial without consent of the other party or leave of the court.

   E. Child Support Guideline Calculations.

   (1) In all matters in which a final order includes the setting of child support, a child support guideline calculation shall be completed in full (e.g., showing each party’s gross income) by the parties and submitted to the court. A copy of said child support guideline calculation shall be attached to every proposed order submitted to the court.

   (2) If a deviation is proposed to be granted, the proposed order shall contain specific findings of fact which support the conclusion that a deviation is warranted, a completed worksheet 5 as specified in Neb. Ct. R. § 4-203, or both.

   F.  Parenting Plan. Each parenting plan submitted to the court shall contain a Parenting Time Schedule and shall set out, with specificity, the Parenting Responsibilities and Cooperation terms agreed to by the parties.

   (a) Parenting Time Schedule. Appendix Form 3 is a standard parenting time schedule which, in the absence of unusual circumstances, the court finds provides reasonable parenting time for the noncustodial parent in cases in which the parties are unable to agree otherwise.

   (b) Parenting Responsibilities and Cooperation. Appendix Form 4 contains the minimum parenting responsibilities and cooperation language that must be incorporated into each parenting plan. Additional responsibilities may be added as agreed to by the parties.

   G. In the interests of preserving court time at final hearing or trial, the parties shall offer evidence in the format of Exhibit 1 (see Appendix Form 8). Nothing in this rule shall be construed to waive the requirement of live testimony, unless otherwise ordered by the court.

   H. Decrees and Final Orders. All decrees or orders on domestic relations matters that are submitted to the court for signature must contain AS THE LAST PARAGRAPH OF THE DECREE OR ORDER the following paragraph:

   To the extent there is any conflict between this Decree (Order) and any attachment or other document incorporated herein by reference, the language of this Decree (Order) shall supersede and control.

   I. Modification Cases. Progression of modification cases shall proceed as set forth in this Rule 3‑9. Trials, hearings and pretrial matters on contested child support issues in which a child support order already exists shall be conducted by the district court referee. This does not apply to motions, applications or petitions in which non-child support issues are also raised. All scheduling matters of cases referred to the referee shall be presented to the referee. Matters assigned to the referee upon which the parties have reached written agreement may be submitted directly to the district court judge to whom the case is assigned, accompanied by an appropriate order.

   J. Mediation. The court deems mediation to be a useful method to resolve disputes and begin to establish the new relationship the parties will need for the future of their children. Therefore, unless waived by the court, on and after July 1, 2010, in all cases governed by the Parenting Act, except those in which there are allegations of intimate domestic partner abuse or unresolved parental conflict as defined in Neb. Rev. Stat. § 43-2922, parties who have not executed an agreed upon Parenting Plan within 4 months after service of process or the filing of a voluntary appearance shall participate in mediation as set forth in the Parenting Act.

   For cases in which there are allegations of intimate domestic partner abuse or unresolved parental conflict as defined in Neb. Rev. Stat. § 43-2922, parties who have not executed an agreed-upon Parenting Plan within 4 months after service of process or the filing of a voluntary appearance shall participate in the specialized alternative dispute resolution process as set forth in the Parenting Act unless waived by the court. The parties shall also participate in the specialized alternative dispute resolution process when referred there by a mediator.

   Mediation or the alternative dispute resolution process shall be conducted by a person who qualifies as a Parenting Act mediator or approved specialized mediator as set forth in the Parenting Act and proceed under the standards of practice set forth in the Parenting Act and/or adopted by the State Court Administrator.

   If a party fails to appear for mediation or the specialized dispute resolution process or fails to meaningfully participate in mediation or the specialized dispute resolution process, the court may impose sanctions including without limitation, dismissing the case for want of prosecution, assessing attorney fees and expenses incurred for trial and trial preparation, limiting the presentation of evidence, and such other sanction as may appear fair and just under the circumstances.

   K. Specialized Alternative Dispute Resolution Process. The specialized alternative dispute resolution process shall begin with each parent meeting individually with a qualified mediator who shall educate each party about the process. The parties shall be allowed to have support persons attend sessions with them. The approved specialized mediator may establish such protocols for the process as he or she deems reasonable to protect the safety of any party, including a requirement that there be separate individual sessions for each party. Specialized alternative dispute resolution shall not proceed unless the parties are informed of the process, including any safety protocols that will be in effect and informed consent to proceed is obtained from both parties in writing.

   L. Waiver and Opt-Out. The court may waive the requirement for mediation or permit the parties to opt-out of the specialized alternative dispute resolution process when

   (1) there is good cause shown and the parents agree and such parental agreement is bona fide and not an attempt to avoid the purposes of the Parenting Act; or

   (2) for good cause shown and when mediation or the specialized alternative dispute resolution process is not possible without undue delay or hardship to either parent.

Upon the filing of a motion for waiver or opt-out, the court shall hold an evidentiary hearing. The burden of proof shall be by clear and convincing evidence and rests with the party seeking the waiver or opt-out.

   M. Disqualification. If a party believes there is good cause to disqualify or preclude another party from participating in the alternative dispute resolution process, that party may file a motion for disqualification or preclusion. After notice and a hearing on affidavits, the court, for good cause shown, may disqualify or preclude a party from participating.

   N. Upon the completion or termination of mediation or specialized alternative dispute resolution, the parties shall file a notice of completion or termination with court (See Appendix Form 7).

Approved effective September 29, 1995; amended December 23, 1999; Rule 3-9(F) amended December 20, 2000; Rule 3-9(G) amended July 14, 2004; Rule 3-9(H) amended July 14, 2004; Rule 3-9(E) amended November 2006; Rule 3-9 amended June 23, 2010; Rule 3-9 amended March 23, 2011.

   A. Application. This Rule 3-10 shall apply to all civil cases except those referred to in Rule 3-9.

   B. Progression Order. After either (1) the case is at issue or (2) "answer day" has passed without response, the court may enter a case progression order on its own motion or at the request of a party. The progression order may include the mandatory exchange of information, discovery deadlines, provision for disclosure of expert witnesses, the date of the pretrial conference, the trial term at which the case will be tried or the trial date, together with such other provisions as the court may deem appropriate.

   C. Filing of Trial Notice. When a case is at issue and there is no progression order entered, counsel may file with the clerk of the court a Trial Notice on the form contained in the Appendix to these rules. A copy of the Trial Notice shall be submitted to the judge to whom the case is assigned. The notice shall be simultaneously served on all opposing counsel of record.

D. Objection to Trial Notice. An objection to a Trial Notice shall be filed within 10 days of the date of service of the Trial Notice. The objection shall set forth with specificity the reasons for the objection and a statement of the objector's opinion of when the case will be ready for trial.

Approved effective December 23, 1999.

   A. Intent. The court finds that matters relating to the establishment, modification, enforcement and collection of child/spousal support and to paternity matters should be handled by the court in an expeditious manner, so that parties may obtain needed orders and other action as quickly as possible. It is determined that the appointment of a child support referee is necessary to aid the court in meeting the case progression standards established by Nebraska Supreme Court rule and federal law.

   B. Appointment. Each referee shall be appointed by order of the judges of the court and shall be an attorney in good standing admitted to the practice of law in the State of Nebraska. The referee shall be sworn or affirmed, and the oath for judicial officers shall be administered by the presiding judge of the court. The referee may be removed at any time by the court.

   C. Duties. The referee shall hear matters pertaining to (1) the establishment, modification, enforcement and collection of child/spousal support; (2) paternity; and (3) all other matters permitted by law and assigned by the court. The referee shall have the power to summon and enforce the attendance of parties and witnesses, administer all necessary oaths, supervise pretrial preparation pursuant to the rules of discovery, grant continuances and adjournments, recommend the appointment of counsel for indigent parties and carry out any other duties permitted by law and assigned by the district court. The functions performed by the referee under expedited processes shall, at a minimum, include: (1) taking testimony and establishing a record; (2) evaluating evidence and making recommendations to establish and enforce orders; (3) accepting voluntary acknowledgment of support liability and stipulated agreements setting the amount of support and accepting voluntary acknowledgments of paternity; and (4) recommending default orders, if absent parents fail to respond with in the time specified by law.

   D. Safeguards. Under the expedited processes established by this court rule:

   (1) The due process rights of the parties shall be protected.

   (2) The parties must be provided a copy of the recommendation of the referee and the ratified order.

   (3) To be enforceable, the referee's recommendations must be entered as an order by a judge.

   (4) If a case involves complex issues requiring judicial resolution, a temporary support obligation shall be recommended under these expedited processes and the unresolved issues shall be referred to the court.

   E. Hearings. A hearing before a referee shall be conducted in the same manner as a hearing before the court. Testimony in such matters shall be preserved by tape recording or other prescribed measures and in accordance with prescribed standards. Transcripts of all hearings shall be available upon request and all costs of preparing the transcript shall be paid by the party for whom it is prepared, unless he or she has been determined to be indigent.

   F. Findings and Recommendations. Upon the hearing of a matter, the referee shall prepare, in writing, his or her findings and recommendations to the parties or their attorneys and submit a report to the court containing findings of fact and recommendations and any and all exceptions.

   G. Judicial Review. In all cases referred to a referee, the parties shall have the right to file an exception within 10 days of the date of the referee's Findings and Recommendations. The exception shall be accompanied by a praecipe requesting the preparation of the bill of exceptions of the proceedings before the referee. The hearing before the court on the exception shall be de novo on the record before the referee. The court may ratify or modify the recommendations of the referee and enter judgment based thereon. If no exception is filed, the court shall proceed to consider the referee's Findings and Recommendations and render a final order without further notice or hearing.

   H. Case Progression. Actions to establish or enforce support obligations and/or paternity shall be completed in accordance with state and federal law.

Approved effective September 29, 1995; amended December 23, 1999; Rules 3-11(C) and (G) amended January 3, 2003.

   Any civil or criminal case in which a jury is waived or which is to be tried to the court and which is expected to take 1 day or less to try may be assigned by the court to a Trial Term. A Trial Term is a period of time determined by each judge during which more than one case will be scheduled for trial. By order of the judge to whom the case is assigned, other requirements governing the progression of the case may be imposed. Cases assigned to a Trial Term for trial shall proceed to trial as follows:

   (1) All counsel and persons having cases set for trial during a Trial Term shall be ready for trial whenever called during the next and all subsequent trial terms.

   (2) The judge's bailiff will maintain a current list of cases set for trial during that judge's Trial Terms. Cases set for trial during a Trial Term will be called up for trial in the order in which they are listed thereon.

Approved effective December 23, 1999; renumbered from 3-14 to 3-12 and amended July 14, 2004 (original Rules 3-12 and 3-13 deleted July 14, 2004).

   A. Applicability. These rules shall apply in every criminal proceeding in which the laws of the United States or the laws of the State of Nebraska establish a right to be represented by counsel. All parties who have a right to be represented by an attorney, including juveniles, shall have their eligibility for appointment of an attorney at public expense determined in conformance with these rules.

   B. Definition of Terms. The following definitions shall be applied in connection with these rules:

   (1) “Anticipated Cost of Counsel” shall mean the cost of retaining private counsel for representation on the matter before the court, as estimated by the court with reference, when applicable, to actual fees and retainers quoted for representation in the case by attorneys who practice in the area.

   (2) “Available Funds” shall mean a party’s “liquid assets” and “disposable net monthly income” calculated after provision is made for the party’s bail obligations. For the purpose of determining “available funds,” the following definitions shall apply:

   (3) “Basic Living Costs” shall mean the average amount of money spent each month for reasonable payments, including loan payments, toward living costs such as shelter, food, utilities, health care, transportation, clothing, education and child support, alimony, or other support payments.

   (4) “Disposable Net Monthly Income” shall mean the income remaining each month after deducting amounts paid for income taxes, Social Security taxes, contributory retirement, union dues, and basic living costs.

   (5) “Income” shall mean salary, wages, interest, dividends, rental income, and other earnings and cash payments such as amounts received from pensions, annuities, Social Security, and public assistance programs, and child support, alimony, and other support payments.

   (6) “Liquid Assets” shall mean all real and personal property that is cash or that can be reasonably converted into cash, including pensions, deferred compensation plans, and individual retirement plans, cash on hand, funds provided by friends and relation for the purpose of providing legal services, savings accounts, stocks, bonds, certificates of deposit, and equity in any real or personal property. Any motor vehicle necessary to maintain employment shall not be considered a liquid asset.

   (7) “Indigent,” for purposes of this rule, shall mean:

   (a) A party who is:

   (i) Receiving one of the following types of public assistance: Aid to Families with Dependent Children (AFDC), Emergency Aid to Elderly, Disabled and Children (EAEDC), poverty related veteran’s benefits, food stamps, refugee resettlement benefits, Medicaid, Supplemental Security Income (SSI), or County General Assistance Funds; or

   (ii) Receiving an annual gross income of 125% or less of the current federally established poverty level; or

   (iii) Residing in a public mental health facility or is the subject of a proceeding in which admission or commitment to such a facility is sought, provided that where the County Board of Mental Health or the Judge has reason to believe the party is not indigent, a determination of indigency shall be made in accordance with these Rules; or

   (iv) Serving a sentence in a correctional institution and has no available funds; or

   (v) Held in custody in jail and has no available funds; or,

   (b) A party who the court determines is unable to retain legal counsel without prejudicing the party’s ability to provide economic necessities for the party or the party’s family based on a comparison of the party’s available funds and anticipated cost of counsel.

   (8) “Party” shall mean a defendant, including a juvenile, in a criminal proceeding, in which a person has a right to counsel.

   C. Judicial Advisement of the Right to Counsel. Whenever a party initially appears before the court without an attorney in any criminal proceeding where the right to counsel attaches, the judge shall advise the party, or if the party is a juvenile or is under guardianship, the party and a parent or legal guardian, where appropriate, that (1) the party has a right to be represented by an attorney in the proceeding and (2) if the court determines that the party, or the party’s parent or guardian where appropriate, wants, but cannot afford, the services of an attorney, that an attorney will be provided at public expense.

   D. Waiver of the Right to Counsel. If the court determines that a party has knowingly, intelligently, and voluntarily decided to waive the right to be represented by an attorney in the proceeding, the party shall be asked to sign a written waiver of that right, and the judge shall sign a certificate that states that the party effectively waived that right. If the party refuses to sign the waiver, the judge shall note that fact on the certificate. The waiver, if applicable, and the certificate shall be executed on forms consistent with Attachment A and Attachment B to the Comments associated with this Rule appearing in the Appendix Form 6 to these Rules and shall be filed with the papers in the case.

   E. Affidavit of Indigency. A party who desires to proceed as an indigent with an attorney appointed by the court shall complete an affidavit under oath concerning his or her financial resources on a form consistent with Attachment C to the Comments associated with this Rule appearing in the Appendix Form 6 to these Rules. The affidavit shall require the party to list all financial resources relevant to a determination of indigence. The party shall be advised of the penalties for perjury.

   F. Determination of Indigency. If the court finds that the party has not effectively waived his or her right to counsel, and the party has not arranged to obtain counsel, the court shall receive the affidavit of indigency and may question the party under oath. After reviewing the information contained in the affidavit and, if applicable, the party’s testimony, the court shall determine whether the party is indigent based on § B(7)(a), indigent based on § B(7)(b), or not indigent. The court first shall determine whether a party is indigent based on § B(7)(a). If the court finds that a party is not indigent under § B(7)(a), the court shall next determine whether the party is indigent under § B(7)(b). The court shall record its findings, including its comparison of the party’s anticipated cost of counsel and available funds when applicable, on a form consistent with Attachment B to the Comments associated with this Rule appearing in the Appendix Form 6 to this Rule, that is filed with the papers in the case.

   G. Assignment of Counsel/Notice of Assignment. If the court finds that a party is indigent, the court shall appoint an attorney to provide representation for the party. The Clerk of the Court shall promptly complete and transmit a notice of assignment of counsel form consistent with Attachment B to the Comments associated with this Rule appearing in the Appendix Form 6 to this Rule and shall file a copy in the case file. That form shall include the name of the attorney assigned to represent the party or shall note that the office of the public defender was appointed.

   H. Review of Indigency Determination. A party’s indigency status may be reviewed in a formal hearing at any stage of a court proceeding if additional information regarding financial circumstances becomes available to the court. A party has a right to reconsideration in a formal hearing of the findings and conclusions regarding the party’s indigency.

   I. Solicitation for Payment of Cost of Counsel. While determined to be indigent, a party may not be ordered, required, or solicited to make any payment toward the cost of counsel.

   J. Inadmissibility of Information Obtained From Party. No information provided by a party pursuant to this rule may be used in any criminal or civil proceeding against the party except, in a prosecution for perjury or contempt committed in providing such information or in an attempt to enforce an obligation to reimburse the state for the cost of counsel.

Approved July 14, 2004; amended June 23, 2010.

   Before the claim of any attorney appointed by the court is allowed, such attorney shall make a written motion for fees, positively verified, stating time and expenses in the case. Counsel shall also state in the motion that counsel has not received and has no contract for the payment of any compensation by such defendant or anyone on the defendant’s behalf or, if counsel has received any fee or has a contract for the payment of same, counsel shall disclose the same fully so that the proper credit may be taken on counsel’s motion.

   Before the claim of any court-appointed guardian ad litem is allowed, such guardian ad litem shall make a written motion for fees, positively verified, stating time and expenses in the case. Counsel shall also state in the motion that counsel has not received and has no contract for the payment of any compensation by any party or anyone on a party’s behalf or, if the guardian ad litem has received any fee or has a contract for the payment of same, the guardian ad litem shall disclose the same fully so that the proper credit may be taken on the motion. If a purpose of the motion is to secure an order requiring Lancaster County to compensate the guardian ad litem, notice of the hearing on the motion shall be given to the Lancaster County Attorney as it is given to any other party.

Approved July 14, 2004.

   The following rule covers broadcast of courtroom proceedings in courtrooms presided over solely by the Honorable Karen Flowers, the Honorable Steven Burns, and the Honorable Paul D. Merritt, Jr.

   Courtroom proceedings in these three courtrooms may be broadcast, both audio and video, and may be televised, recorded, or photographed (hereafter collectively referred to as "broadcast") under the following conditions:

   1. Cameras and sound equipment of quality and type approved by the Judge presiding in the case, will be fixed in place in the courtroom with field of view of the camera and field of range of microphones being approved by the Judge presiding over the proceedings.  Other than the cameras identified herein, no other camera will be permitted in the courtroom, including a still camera without authorization of the presiding judge. The images produced by the camera in the courtroom should be of such a nature that still images may be retrieved.

   2. The audio broadcast shall include only the statements made in open court and shall not include communications between counsel, between counsel and their clients, or bench conferences between counsel and the court.

   3. Images of, or statements from, jurors will not be broadcast.

   4. Jury selection will not be broadcast.

   5. Unless approved by the judge presiding over the proceedings, the following cases will not be broadcast: matters involving grand juries, juveniles (persons under 19 years old), domestic matters, child custody, parenting time, sexual abuse, sexual assault, and protection orders.

   6. The testimony of certain witnesses may not be broadcast. Those witnesses are: persons under age 19, a person who claims to be a victim of sexual abuse or sexual assault who will be called upon to testify about the abuse or assault, or a confidential informant's testimony about the matter upon which the person informed.  Any witness may make a request to prevent that person's testimony from being broadcast, by making application to the Judge presiding over the proceeding indicating the reason the witness does not want their testimony broadcast.

   7. Upon application of any party or counsel, the court may determine to not broadcast courtroom proceedings or terminate the broadcast of courtroom proceedings.

   8. Upon application at least 14 days in advance of a scheduled hearing that may be broadcast, the court may permit other types of broadcast or recording equipment in the courtroom.

   The images and sound produced from the courtroom will be available to any broadcast media licensed by the Federal Communications Commission, domiciled in the State of Nebraska, and any print media published in the State of Nebraska on a pool basis.

   The overriding principle shall be the guarantee of a fair trial to the litigants.  Criteria may change from time to time based on factors which the court has not yet considered, experience with this project and the circumstances of individual cases.

Approved effective January 29, 2008; amended October 21, 2008; amended June 23, 2010; amended September 9, 2010.

   Court files, exhibits, court reporter notes and/or tapes/disks, and any and all other documents and records under the control of the Clerk of the District Court, even for storage purposes, relating to a criminal case are not to be destroyed so long as a defendant is under the custody of the Nebraska Department of Correctional Services (i.e., in custody or on parole) or subject to lifetime community supervision by the Office of Parole Administration. If a question arises about whether a file or documents relating to a particular criminal case older than 20 years should be destroyed, the judge to whom the case is assigned or, if not specifically assigned to a sitting judge, then the sentencing judge’s successor, should be asked about the status of the case. (If there is not a successor judge, the case should be randomly reassigned and presented to the judge to whom it is assigned.)

Approved June 23, 2010.

   It is the intent of the judges that a detainer case be set for the next available jury term of the assigned judge at the time of arraignment. Therefore, if a person makes a request for disposition of untried charges under either the Agreement on Detainers, Neb. Rev. Stat. § 29-759, or the provisions addressing disposition of untried charges, Neb. Rev. Stat. § 29-3801 et seq., the county attorney shall promptly notify the judge to whom the case is assigned. If the request was made while the case was pending in county court the judge shall be notified when the case is bound over to district court.

Approved June 23, 2010.

   These rules for the district court of the Fourth Judicial District shall become effective upon approval by the Supreme Court and publication in the Nebraska Advance Sheets and shall supplement the Uniform District Court Rules of Practice and Procedure adopted by the Supreme Court.

Adopted effective December 29, 1995.

   A. Presiding Judge. The presiding judge, elected each year at the annual or special meeting of judges, shall supervise the administration of the court.

   B. Assignments. By majority vote of all the judges, any assignment of the presiding judge affecting the entire court may be reviewed at a special meeting of the judges called for that purpose, and by majority vote of all the judges, an assignment by the presiding judge may be changed.

   C. Term of Court. The regular term of the court shall be deemed to commence on January 1 of each calendar year, and shall be deemed to conclude on December 31 of the same calendar year. No order opening or closing such term shall be required.

Adopted effective December 29, 1995.

   A. Identification. Each pleading filed with the Clerk of the District Court and each order submitted for judicial action must be specifically identified by type, e.g., Motion (Continuance); Motion (To Compel Response To Discovery Request); Motion (Temporary Allowances); Motion (To Suppress Evidence); Order (Summary Judgment); Order (Show Cause--Contempt). The caption of each complaint or amended complaint in a civil action shall state whether the action is one at law or in equity.

   B. Pretrial and Posttrial Motions.

   1. Unless otherwise ordered by the court, all pretrial and posttrial motions or similar filings such as special appearances which require a hearing shall be filed in the case prior to the scheduled hearing. At the time of making said filing, the party shall obtain a date for hearing thereon from the judge in charge of the case or, in the absence of the judge or at the judge's direction, from a member of the judge's office staff. Timely notice of said hearing shall be personally delivered or mailed to the opposing party. Except as may be otherwise specifically required by statute or rule of the Supreme Court, use of ordinary mail shall constitute sufficient service of any notice required by this or any other of these local rules.

   2. The court may, in its discretion, hear oral argument on any motion or similar filing by telephone conference, provided that all conversations of all parties are audible to all persons present. A party shall schedule such telephone calls at a time mutually agreeable to all parties and the court. The court may direct which party shall pay the cost of the telephone calls.

   C. Continuances Or Additional Time To Plead. Motions or applications for continuance of any matter shall state the reasons a continuance should be granted and must be filed before the time set for the matter sought to be continued. Except where unusual circumstances require, no more than one continuance may be granted. Stipulations for continuances shall be subject to the approval of the court. All continuances shall be to a date certain and stated in the order granting the same, unless otherwise ordered by the court. No order granting a continuance shall be made ex parte. In the event such motion or application fails to show that the motion has been agreed upon, it shall be set for hearing in the same manner as any other motion.

   D. Computer Data Base. The Clerk and Court Administrator shall each be responsible for keying into the computer data base the attorney identification numbers and the file information for each case, and for keeping the data base current.

   E. Pleadings In Default. A party in default of a pleading may, before judgment on motion, notice, and good cause shown, file the same within such time and upon such terms as the court may order.

   F. Amendments to Pleadings. Amendments to pleadings after the answer is filed may be allowed within the discretion of the court. In no instance shall an amendment of a pleading be made by erasure, substitution, interlineation, or otherwise except by leave of the court. A party who has obtained leave to amend a pleading, but fails to do so within the time limited, shall be considered as electing to abide by his former pleading. In no case of amendment shall the original pleading be obliterated or withdrawn from the files.

   G. Costs. Except for criminal cases and proceedings wherein a poverty affidavit is filed, court costs shall be paid when actions are commenced and thereafter when liability for additional costs accrues. An attorney is responsible to the clerk for costs incurred at the attorney's request and shall immediately pay the same upon receipt of the clerk's statement of such fees.

   H. Interrogatories. In civil actions, not more than fifty (50) interrogatories, including subquestions, may be served on an adverse party without leave of court.

   I. Proof Of Service Of Papers. Except as otherwise provided by statute or by order of the court, proof of service of any pleading, motion, or other paper required to be served shall be made by: (1) a certificate showing the name and address of any party on whom service was had; (2) written receipt of the opposing party; (3) affidavit of the person making service; (4) return of the county sheriff; or (5) other proof satisfactory to the court. Failure to make proof of service will not affect the validity of the service, and the court may at any time allow the proof of service to be amended or supplied unless it clearly appears that to do so would result in material prejudice to substantial rights of any party affected thereby.

Adopted effective December 29, 1995; Rule 4-2A amended October 26, 2005. 

   A. Contested Custody. Whenever a party in a domestic relations case determines that custody of a minor child will be genuinely contested, the court shall be informed thereof in order that appointment of a guardian ad litem for the minor child may be promptly considered.

   B. Referee Exceptions. Except for contempt matters taken without delay to the district court from a hearing before a child-support referee, exceptions to the findings and recommendation of the referee shall be filed, along with a demand for a hearing before the district court, within five (5) days of the referee's announcement of, or, in cases in which the matter is taken under advisement, within fourteen (14) days of the filing of, the referee's report. A copy of such exception(s), along with a notice of further hearing before the district court judge to whom the matter has been assigned pursuant to Rule 4-12 A, shall be served upon the opposing party or parties (and counsel). Upon receiving the findings and recommendations of the referee, and a transcript of the hearing, the district court shall conduct a review on the report of the referee and, in the court’s discretion, may ratify or modify the recommendations of the referee and enter judgment based on such recommendations, with the rights of appeal and to move for rehearing reserved to all parties.

   The party filing the exceptions shall promptly deliver a copy of the exceptions to the courtroom to which the matter has been assigned pursuant to Rule 4-12 A. The certificate of readiness procedure shall not apply in such cases.

   C. Assignment of Cases. All post-decree proceedings presented for filing within twenty-four (24) months after the entry of a decree of dissolution shall be assigned to the judge to whom the case was originally assigned at the time of the filing of the action. Post-decree proceedings presented for filing after the passage of twenty-four (24) months from the entry of the decree shall be assigned to a judge by random selection through use of such computerized or manual means as may be designated by the presiding judge.

   D.  Mediation.

   1. A domestic-relations matter involving children includes filings for dissolution of marriage and determination-of-paternity cases which involve issues of custody, parenting time, visitation, or other access with a child. Within ten (10) days of filing a complaint in a domestic-relations matter involving children, the filing party shall be required to register with the Conciliation and Mediation Services Office and schedule that party’s attendance at the parent-education program “What About The Children.” Within ten (10) days of service of process on the respondent, the respondent shall likewise be required to register with the Conciliation and Mediation Services Office and schedule that party’s attendance at the parent-education program “What About The Children.” Prior to the entry of any order awarding temporary relief, the moving party shall certify that that party has registered with the Conciliation and Mediation Services Office.

   The parties to motions to compel existing orders which involve parenting issues; applications to modify decrees of dissolution which involve parenting issues; and applications to modify decrees of paternity which involve parenting issues shall be subject to the requirements of this rule and shall be required to attend the parent-education program “Communication Skills For Parents In Conflict,” unless all issues are resolved by agreement and entry of a stipulated order. Participation in either course may be delayed or waived by the court for good cause shown. Failure or refusal by any party to participate in such a course as ordered by the court shall not delay the entry of a final judgment or an order modifying a final judgment in such action by more than six (6) months and shall in no case be punished by incarceration.

   Each party shall be responsible for the costs of attending either parenting education course. The court may waive or specifically allocate costs between the parties for their required participation in the course. At the request of any party, or based upon screening or recommendation of an attorney or mediator, the parties shall be allowed to attend separate courses or to attend the same course at different times, particularly if child abuse or neglect, domestic intimate-partner abuse, or unresolved parental conflict is or has in the past been present in the relationship, or if one party has threatened the other party.

   2. For purposes of Fourth Judicial District Rule 4-3D, “facilitator” shall mean persons qualified as “approved specialized mediators” pursuant to Neb. Rev. Stat. § 43-2938(3) and “specialized alternative dispute resolution” as defined by Neb. Rev. Stat. § 43‑2922(22) shall also be referred to as “facilitation.”

   Except as otherwise required by Neb. Rev. Stat. § 43-2937(4), when the parties or their counsel are unable to negotiate a parenting plan agreement which satisfies the requirements of the Parenting Plan Checklist, then the parties are required to meet and confer with either the Director of the District Court Conciliation and Mediation Services or another assigned mediator to complete a Parenting Plan, including all issues of child custody, parenting time, visitation, grandparent visitation, other access, and any other issues relating to the children that may be susceptible to mediation or the specialized alternative dispute resolution process.

   Parties or counsel are required to notify the Director of the District Court Conciliation and Mediation Services of any request for delay in assignment of a mediator or facilitator if the parties or counsel are attempting to negotiate a Parenting Plan agreement, which agreement shall be required to comply with the Parenting Plan Checklist. In the event that there is a failure to request a delay of mediator or facilitator assignment, one shall be assigned pursuant to this rule.

   An individual party, a guardian ad litem, or a social service agency may request mediation, specialized alternative dispute resolution, or other alternative dispute resolution process for a matter involving an issue of custody, parenting time, visitation, other access, or a related matter at any time prior to the filing or after the filing of an action with this court. Upon receipt of such request, each mediator, court conciliation program, or approved mediation center shall provide to each party information about mediation and the specialized alternative dispute resolution process.

   At any time in the proceedings, the court may refer a case to mediation or the specialized alternative dispute resolution process in order to attempt resolution of any relevant matter. The court may state a date for the case to return to court, and the court shall not grant an extension of such date except for good cause shown.

   3. Prior to commencing an initial mediation session, the mediator shall provide an initial, individual screening session with each party to assess the presence of child abuse or neglect, unresolved parental conflict, domestic intimate-partner abuse, other forms of intimidation or coercion, or a party’s inability to negotiate freely and make informed decisions. If any of these conditions exists, the mediator shall direct the parties to return to the Conciliation and Mediation Services Office for assignment of a specialized alternative dispute resolution process that addresses safety measures for the parties.

   When there are allegations of domestic intimate-partner abuse or unresolved parental conflict between the parties in any proceeding, or when screening by a mediator, mediation center, or the Conciliation and Mediation Services Office identifies the presence of child abuse or neglect; unresolved parental conflict; domestic intimate-partner abuse; other forms of intimidation or coercion; or a party’s inability to negotiate freely and make informed decisions, then mediation shall not be required; however, the parents shall be required to meet with a facilitator in the court’s specialized alternative dispute resolution process.

   The specialized alternative dispute resolution process shall begin with each parent meeting individually with a qualified facilitator to provide an opportunity for the facilitator to educate each party about the process; obtain informed consent from each party in order to proceed; establish safety protocols; allow support persons to attend sessions; and consider opt-out-for-cause. Any party may terminate after an initial, individual screening session and one specialized alternative dispute resolution session are held. The primary consideration in each specialized alternative dispute resolution session shall be the safety of each party and each child. The facilitator of the process has a duty to determine whether to proceed in individual sessions or caucus sessions in order to address safety and freedom to negotiate. Joint sessions shall not be used unless, after a safety assessment by the facilitator, all parties agree to a joint session to be conducted at the courthouse, with appropriate safety measures in place.

   No trial date or other dispositive hearing will be scheduled until (1) attendance at the required parent education seminar has been completed and mediation or other specialized alternative dispute resolution process has been attempted to resolve issues of custody, parenting time, visitation, or other access, and (2) the parties have filed a Proposed Scheduling Order pursuant to Fourth Judicial District Rule 4-10, provided, however, that failure or refusal to participate by a party shall not delay entry of a final judgment by more than six (6) months.

   Notwithstanding the language in this rule, issues of domestic-violence, domestic intimate-partner abuse, or child abuse or neglect may, upon consideration by the trial court, disqualify the parties from parent education, mediation, or the specialized alternative dispute resolution processes.

   4. The Mediation Committee will prepare a letter, for distribution by the District Court Administrator, advising the filing parties and their attorneys that attendance at the Conciliation and Mediation Services seminar “What About the Children?” or “Communication Skills For Parents in Conflict” is mandatory and must be completed within the time frame specified in this rule. The letter should also advise the parties and counsel (1) that Parenting Plans and issues of child custody, parenting time, visitation, or other access with a child will be referred for mediation or specialized alternative dispute resolution; (2) that no trial or other dispositive hearing will be scheduled until attendance at the required parent-education seminar has been completed and mediation or specialized alternative dispute resolution to resolve issues of custody, parenting time, visitation, or other access has been attempted; (3) that failure or refusal to participate by a party shall not delay entry of a final judgment by more than six (6) months; and (4) that issues of domestic-violence, domestic intimate-partner abuse, or child abuse or neglect may, upon consideration by the trial court, disqualify the parties from parent education, mediation, or the specialized alternative dispute resolution processes. The Clerk of the District Court is directed to include this letter with the filing and service packets distributed by the Clerk.

   5. The Office of Conciliation and Mediation Services shall maintain a list of mediators and facilitators approved by the District Court judges and the Mediation Committee of the District Court. These mediators and facilitators must meet State of Nebraska (or equivalent) standards for training in order to qualify. The following requirements apply to all participating mediators and facilitators: Court-approved mediators and facilitators will determine their own fees and will provide a copy of their fee schedule to the Conciliation and Mediation Services Director. In order to be on the list of court-approved mediators and facilitators, a mediator or facilitator must agree to use a sliding-fee scale of $25 to $75 per person per hour, determined on the basis of what each party is able to pay. Court-approved mediators and facilitators must also agree to take pro bono cases on an “as needed” basis. The Conciliation and Mediation Services Director will determine the need for such pro bono services, so that the burden of these cases is equitably distributed among the participating mediators and facilitators.

   6. Mediators and facilitators involved in proceedings shall participate in training to enable them to recognize child abuse or neglect, domestic intimate-partner abuse, and unresolved parental conflict and its potential impact upon children and families.

   7. Prior to participation in the program, qualified mediators and facilitators will be required to attend an orientation session, which will be conducted by the Director of Conciliation and Mediation Services, to review the mediation and specialized alternative dispute resolution process procedures, as well as the Parenting Plan Checklist. Each participating mediator and facilitator shall agree to the court requirements for participation, including a requirement to observe all statutory requirements for mediators in the mediation process and for facilitators in the specialized alternative dispute resolution process as established under the Nebraska Parenting Act.  Each mediator and facilitator will be asked to sign a statement indicating acknowledgment and acceptance of the requirements.

   8. When a judge refers a case for mediation or specialized alternative dispute resolution, the judge will indicate the issues to be mediated or facilitated, as well as any choice of a mediator or facilitator if the judge has a preference. The judge may also indicate whether there is a particular mediator or facilitator whom the judge does not wish to use. The attorneys for the parties may also mutually agree upon the choice of a mediator or facilitator and may indicate whether they wish the parties to mediate any issues other than custody, parenting time, visitation, or other access with a child. If financial issues are to be mediated, the case will be assigned to an attorney mediator.

   9. When the court refers parties to mediation or specialized alternative dispute resolution, the attorneys will be requested to bring the parties to the Conciliation and Mediation Services Office forthwith or to immediately provide the Conciliation and Mediation Services Office with all necessary client information, so the staff can confer with the parties and their attorneys and discuss the appropriate process and selection of a mediator or facilitator.  Unless the parties or attorneys have requested a specific mediator or facilitator, the Conciliation and Mediation Services Office will assign, from the rotating list, the next mediator or facilitator appropriate to the parties and their needs, and the Conciliation and Mediation Services Director will contact the mediator or facilitator to confirm the mediator’s or facilitator’s acceptance of the case.  The Conciliation and Mediation Services staff will send paperwork to the mediator or facilitator, who must advise the Conciliation and Mediation Services staff, within ten (10) days of receipt of the paperwork, of the date for the parties’ first appointment. The Conciliation and Mediation Services staff will screen each case for domestic violence, child abuse or neglect, unresolved parental conflict, domestic intimate-partner abuse, other forms of intimidation or coercion, or a party’s inability to negotiate freely and make informed decisions. If any one or more of these elements are found to exist, then mediation shall not be required; however, the parents shall be required to meet with a facilitator in the court’s specialized alternative dispute resolution process.

   10.a. If the parties reach an agreement through mediation or the specialized alternative dispute-resolution process, the agreement shall be reduced to writing. The mediator or the facilitator shall provide copies of the agreement to the parties and their attorneys, together with a notice informing the parties and their attorneys of their right to express their objections to the written agreement. The notice shall inform the parties and their attorneys that they have twenty-one (21) days from the date of the notice to notify the mediator or facilitator and the Conciliation and Mediation Services Office of any written objections to the terms of the agreement. The written objections shall be specific and shall not violate the statutory protections of confidentiality or privilege of the parties by being filed with the clerk of the court. All matters not specifically objected to shall be deemed final. If no objections are received within twenty-one (21) days, then the agreement shall automatically be forwarded to the Conciliation and Mediation Services Office for final processing, pursuant to subsection (c) below.

   If the parties and counsel negotiate a Parenting Plan agreement, which agreement shall fully comply with the Parenting Plan Checklist, they shall forward the agreement to the Conciliation and Mediation Services Office immediately after signing, pursuant to subsection (c) below.

   b. Upon the filing by either party or attorney of objections to the agreement, the mediator or facilitator shall forthwith schedule a re-mediation or re-facilitation session on the disputed issues identified in the written objection. The mediator or facilitator may charge additional fees for the re-mediation or re-facilitation session and related expenses. Following re-mediation or re-facilitation efforts, the mediator or facilitator shall forward to the Conciliation and Mediation Services Office the re-mediated or re-facilitated agreement, which shall be clearly denominated the “re-mediated agreement” or the “re-facilitated agreement,” and which shall recite those issues, if any, which remain contested.

   c. All agreements shall be forwarded to the Conciliation and Mediation Services Office, where the Conciliation and Mediation Services staff shall review said agreements for compliance with the Parenting Plan Checklist. The Conciliation and Mediation Services staff shall then forward a copy of the final agreement, along with the appropriate closure form, to the judge to whom the case is assigned, and to the court file.

    d. At trial, parties shall not present evidence intended to object to a provision in an approved parenting plan or to show a material change in circumstances subsequent to the filing of a final agreement unless a written motion asking leave of the court to present such evidence at trial, accompanied by a notice of hearing, has been filed with the court and has been heard and granted prior to the trial.

   11. The Conciliation and Mediation Services staff will follow up on the deadlines set by the court, including any extensions of time that have been granted.

   12. Amendment and Modification cases.  When the parties are mediating or facilitating amendments to existing decrees or modification proceedings, they may directly request mediation or specialized alternative dispute resolution through their previous mediator or facilitator or may request re-assignment to a different person through the Conciliation and Mediation Services Office.

   13. The Mediation Committee will be a standing committee of the District Court and will be composed of four (4) district judges, the Conciliation and Mediation Services Director, at least one outside mediator/advisor, and such other persons as the Committee deems necessary. The Chair Judge of Conciliation and Mediation Services will chair this Committee and may be consulted individually, as may be needed by the Conciliation and Mediation Services Director, for answers on day-to-day operations of the mediation program.

   14. The Mediation Committee of the District Court may make such other operating rules as may be needed to facilitate the beginning and continuation of this mediation program.

   E. Temporary Support and Allowances. Unless otherwise ordered, applications for temporary support and allowances shall be governed by Neb. Ct. R. § 6-1504(B). Except where a party appears pro se and live testimony is required, or unless otherwise ordered, evidence shall be submitted by affidavits. The moving party shall provide the Court and opposing counsel or the non-moving party, if not represented, the supporting affidavits at least forty-eight (48) hours prior to the hearing, together with a notice of the hearing. The non-moving party shall submit to the Court and the moving party or counsel for the moving party, if the moving party is represented, any responsive affidavit(s) within twenty-four (24) hours prior to the hearing. Other than ex parte relief allowed by statute, the court, in its discretion, may decline to consider any affidavit unless it has been exchanged in compliance with these guidelines.

Adopted effective December 29, 1995; amended effective May 1, 1998; amended effective March 12, 1999; amended effective June 19, 2002; amended effective January 18, 2007; amended effective May 7, 2008; amended effective September 9, 2010. 

   A. Criminal Trials. Criminal cases shall, as nearly as possible, be called for trial in the order of appearance on the docket.

   B. Criminal Trial Lists. Once a month the Court Administrator shall prepare a Criminal Trial List for each court. The trial list shall consist of cases assigned for trial, commencing with the lowest docket number.

   C. Jail Census. Once a month the Court Administrator shall submit to the judges a list of persons confined in the Douglas County Correctional Center, who have been bound over for trial in the District Court and against whom informations have been filed.

   D. Arraignment Day. In all felony cases, a defendant bound over to stand trial in the District Court shall appear for arraignment in the District Court on the second Thursday after such bindover date, unless otherwise directed by the court or Court Administrator.

   E. Criminal Jury Trial Priority. For the purpose of jury selection, those courts trying criminal cases shall be given priority.

   F. Failure to Appear. If a defendant fails to appear and a bond forfeiture is ordered, it shall be the duty of the prosecutor to take all necessary further legal action to ensure that judgment is entered upon the bond forfeiture.

   G. Discovery Guidelines in Felony Cases. In the interest of the administration of the court and to ensure compliance with Case Progression Standards, the following guidelines shall apply to all felony cases in which mutual and reciprocal discovery is ordered:

   1. Copies of all police reports in the possession of the prosecutor shall be given to the defendant at the time of arraignment. Copies of any additional or supplemental reports the prosecutor shall receive shall upon receipt be given forthwith to the defendant. The defendant shall promptly provide copies of all relevant and unprivileged reports to the prosecutor;

   2. The prosecutor attending a pretrial conference shall be fully apprised of the case and shall have the authority to make decisions concerning trial dates, discovery, pleas, and similar matters relating to the timely disposition of the case. Any attorney attending such a conference on behalf of a defendant shall likewise be fully apprised of the case and shall have obtained the authority of the defendant to make like decisions.

Adopted effective December 29, 1995; amended effective April 18, 1997. 

   In cases involving controverted questions of law, trial briefs must be submitted before commencement of the trial.

Adopted effective December 29, 1995.

   When a case is resolved by settlement stipulation, the case shall be placed on inactive status until such time as the settlement is consummated, at which time the case shall be dismissed. If the settlement stipulation is not consummated, the case may be reinstated to active status upon the motion of any party.

Adopted effective December 29, 1995. 

   A. Searches. In the discretion of the security officers, upon order of the court, any person may be subjected to a search of his or her person for possession of any weapons, destructive device, or components thereof.

   B. Media Coverage. Broadcasting, televising, taking photographs, and, except for making the record of the proceeding or assuring the accuracy thereof, audio and video recording in the courtroom and area immediately adjacent thereto during sessions of court or recesses between sessions are prohibited.

Adopted effective December 29, 1995. 

   The Court Administrator shall have general supervision over and administer the nonjudicial activities and functions of the court; appoint and remove and direct the work of all personnel of the office of the Court Administrator; procure supplies and equipment; provide reports relating to the business and administration of the court; prepare the court's budget and payroll; maintain liaison with governmental and other public and private groups interested in the administration of the court; attend meetings of the judges and serve as secretary; and perform such other duties assigned by the court for proper and efficient administration. In addition, the Court Administrator shall be responsible for the management, allocation, and release of jurors. Trial courts shall inform the Court Administrator relative to the need for jurors, and the Court Administrator shall notify the Clerk of the court concerning specific assignments. Literature for jurors shall be disseminated under the supervision of the Court Administrator as directed by the presiding judge.

Adopted effective December 29, 1995.

   A. Availability of Party or Counsel During Jury Deliberations. During jury deliberations, counsel and pro se parties shall keep the court informed of their location and shall keep themselves available on short notice personally or by telephone, as ordered by the court.

   B. Absence of Party or Counsel on Receipt of Verdict. Unless otherwise requested, the court will not deem it necessary in civil cases that any party be present in person or by counsel when the jury returns to the courtroom with its verdict.

   C. Presence of Defendant in Criminal Cases. Unless otherwise ordered by the court, all defendants in criminal cases shall, during the deliberations of the jury, remain in the building in which trial was held.

   D. Six-Person Jury. Civil cases may be tried to a six-person jury by stipulation of the parties and approval by the court.

   E. Jury Impanelment; Divisions of Court; Priority. For the purpose of jury trials, the court shall be divided into two groups, Divisions A and B, which shall alternate jury panels on a monthly basis. Judges assigned to Division A shall impanel juries during the month of January and each odd-numbered month thereafter in each calendar year. Judges assigned to Division B shall impanel juries during the month of February and each even-numbered month thereafter in each calendar year. Unless otherwise directed to do so by the presiding judge, the Court Administrator shall provide no juries to a judge other than during the assigned months. If the need arises for a judge to impanel a jury other than during the assigned month, the judge shall communicate such need to the presiding judge, and the presiding judge shall then make a determination whether the requesting judge should be allowed to impanel a jury other than during that judge's assigned month.

   F. Inadequate Number of Jurors. When there is not a sufficient number of jurors immediately available, the Court Administrator shall give priority to those courts trying criminal matters.

Adopted effective December 29, 1995; amended effective June 25, 1999. 

   A. Case Progression Standards. Progress of all cases shall comply with the Case Progression Standards established by the Nebraska Supreme Court. In all civil cases, the District Court Administrator shall give notice by mail to each party that, within thirty (30) days from the date of the notice, a Proposed Scheduling Order must be submitted to the Court Administrator’s Office. If a Proposed Scheduling Order has not been filed within the prescribed time, the case shall be dismissed by the presiding judge.

   B. Case Progression Filing Procedures. The District Court Administrator shall provide the Proposed Scheduling Order forms in the Court Administrator’s Office and at the District Court’s website, www.dc4dc.com. In each domestic relations case, the parties shall be responsible to report to the Conciliation and Mediation Services Office for compliance with Rule 4-3, if applicable, or the case is subject to dismissal.

   C. Case Progression Dismissals. When a case has been dismissed for lack of prosecution pursuant to this rule, the parties may request that the case be reinstated, but only upon (1) the showing of good cause why the case should be reinstated; (2) the contemporaneous submission of a Proposed Scheduling Order; and (3) the filing of a Signed Scheduling Order. The judge to whom the case is assigned may, in the judge’s discretion, reinstate the case.

   D. Judicial Review of Proposed Scheduling Order. After the submission of the Proposed Scheduling Order to the District Court Administrator and review of the Proposed Scheduling Order by the judge to whom the case is assigned, the judge may approve the Proposed Scheduling Order as agreed upon by the parties, or, upon notice to the parties, may schedule the case for a pre-trial/scheduling conference. Nothing contained in this Rule shall preclude the judge to whom the case is assigned from setting a scheduling conference at any time and entering a scheduling order thereafter.

   E. Special Settings. Upon request of either party, the judge to whom the case is assigned shall determine whether the case shall be specially set for trial.

Adopted effective December 29, 1995; amended effective June 25, 1999; amended effective January 18, 2007; amended effective September 9, 2010.

   Before the claim of any attorney appointed by the court is allowed, such attorney shall make a written motion for fees, positively verified, stating time and expenses in the case. Counsel shall also state in the motion that counsel has not received and has no contract for the payment of any compensation by the defendant or anyone in the defendant's behalf, or if counsel has received any fee or has a contract for the payment of same, to disclose the same fully so that the proper credit may be taken on counsel's motion.

   When a court-appointed guardian ad litem makes application for payment of fees, if the indigence of either party to the action is at issue such that the county may be ordered to pay the fees and costs, the guardian shall serve a copy of the fee application and notice of hearing upon the County Attorney. The County Attorney may appear at the hearing to represent the interests of the county or may file a written waiver of appearance.

   When the award of fees is expected to exceed $2,000, the judge to whom the case is assigned may, in the judge's discretion, request that the presiding judge, or, in the absence of the presiding judge, the acting presiding judge, appoint two additional judges who, together with the judge to whom the case is assigned, shall determine the fee by majority vote.

Adopted effective December 29, 1995.

   A. Assignment of Cases. Cases shall be assigned to a judge by random selection through use of computerized or manual means.

   B. Case Consolidation. A motion for consolidation of cases for discovery purposes or trial shall be heard by the judge to whom the case with the lowest docket and page number is assigned, and by whom the consolidated case will be heard.

   C. Felony Companion Cases. Companion cases are (1) those in which multiple defendants are charged, in separate informations, with crimes arising out of the same set of facts, (2) those in which separate informations are filed contemporaneously against a single defendant, or (3) those in which a defendant initially charged with a felony offense which is currently pending is subsequently charged with a criminal offense. The County Attorney shall, at the time of filing each information, note on the information the case title and docket number of each companion case, as defined by this rule, and the Clerk of the District Court shall assign each such companion case to the judge to whom is assigned the case with the lowest docket number.

   D. Criminal Appeal Companion Cases. On receiving notice of appeal from County Court, the prosecutor shall, on a form provided, notify the clerk of the case title and docket number of any previously filed appeal by a different defendant involving the same incident, and the appeal shall be assigned by the clerk to the judge having the lowest docket number of the previously filed appeal by the different defendant, but involving the same incident. When appeals are taken in separate cases consolidated for trial in the County Court, the clerk shall assign all to the same judge.

   E. Postjudgment Criminal Matters. Postjudgment criminal matters, including probation-revocation proceedings, applications for postconviction relief, annual reviews of convicted sex offenders, and annual reviews of individuals found not responsible by reason of insanity, shall be assigned to the judge by whom the case was tried, or to that judge's successor. For the purpose of probation-revocation proceedings, any new felony charge filed against a defendant whose probation is sought to be revoked shall be assigned to the judge by whom the probation-revocation proceeding will be heard. Any companion case to that new felony, as defined by Rule 4-12C, shall likewise be assigned to the judge by whom the probation-revocation proceeding will be heard. Any new felony charge filed against an individual who has completed probation or a term of incarceration shall be assigned to a judge randomly, pursuant to Rule 4-12A.

   F. Domestic Abuse Protection Orders. For the purpose of assignment of applications for a domestic abuse protection order, companion cases shall be those situations (1) in which one or multiple petitioners simultaneously apply for a protection order against the same person or persons, (2) in which the petitioner is a party to a currently pending action to obtain a protection order involving the same person or persons, or (3) in which the petitioner or respondent is a party to a domestic relations or paternity action which is currently pending before the court.

   If, upon receiving the petition for filing, the Clerk of the District Court determines that the case is a companion case under any one of the foregoing three criteria, the case or cases shall be assigned to the judge to whom the first such case is assigned, or to the judge who has pending before her or him a previously filed protection order, domestic relations, or paternity matter. All other cases shall be assigned to a judge by random selection through computerized or manual means.

   G. Civil Companion Cases. Companion cases are those involving (1) the same parties arising from the same action, (2) multiple plaintiffs arising from the same transaction, (3) multiple defendants arising from the same transaction, or (4) multiple plaintiffs versus the same defendant or multiple defendants arising from substantially identical transactions. The party shall, at filing, if known to the party, note companion case titles and docket numbers, and the Clerk shall assign all companion cases to the judge with the case that has the lowest docket number.

Adopted effective December 29, 1995; amended effective November 22, 1996; Rule 4-12(C) and (E) amended October 17, 2001.

   A. Bond Authority. No person who is in the business of providing bonds shall do so in an individual capacity, or as attorney-in-fact for a surety company, without the approval of the Judges of the Fourth Judicial District. Before one may act as an attorney-in-fact, such person shall furnish to the presiding judge a copy of the last financial statement the principal was required to file with the proper state office of the state of its domicile, reflecting its financial condition as of the date required for the filing of said report. All persons in the business of providing bonds acting in an individual capacity shall furnish, under oath, such financial statement or net worth statement as the presiding judge may require.

   B. Solicitation. Persons engaged in the business of providing bonds shall not directly or indirectly solicit any indemnitee to employ any particular attorney nor make the suretyship contingent upon employment of a particular attorney. Neither shall any person engaged in the business of providing bonds charge or receive excessive pay or reward or require excessive collateral.

   C. Monthly Report. On the last day of each month, any person engaged in the business of providing bonds shall file a report with the Clerk of the District Court, listing all cases in which such person is surety, the names of the indemnitee on bonds, the amount of the bonds, the security held, the premiums charged, and any forfeited bonds that remain unpaid.

   D. Surety's Justification. Bonds other than corporate surety bonds shall have appended a justification under oath by the surety or sureties, stating the condition of the bond; in criminal bonds the justification shall include a description of the property owned by the surety and the encumbrances, if any. Such a bond must be approved in writing by a member of the County Attorney's Office before presentation for further approval by the court.

   E. Cash Bonds. Cash bonds may be deposited with the Clerk of the court but only upon execution and filing of a written document setting forth the undertaking.

   F. Release on Own Recognizance. Under proper circumstances a defendant in a criminal action may be released on the defendant's own recognizance upon the filing of a written document setting forth the conditions under which the release is granted.

   G. Surrender of Bonded Person. One who has provided a bond desiring to surrender the bonded person to the custody of authorities must do so in open court within twenty-four hours after the bonded person is placed in confinement. The amount of the premium and other matters may be inquired into at that time.

   H. Annual Report. One engaged in the business of providing bonds shall, on or before the 15th day of January of each year, deliver to the presiding judge a report certified by a bonded abstracting company, giving the following information concerning each outstanding bond forfeiture since the previous similar report: Docket and Page Number; Title of Case; Nature of Case and Amount of Bond; Date of Forfeiture, Order of Forfeiture, and all subsequent orders. Within ten (10) days after the filing of such report, one engaged in the business of providing bonds shall file an additional report, stating which forfeitures have since been paid and the reasons, if any, for nonpayment.

Adopted effective December 29, 1995. 

   A. Public Records As Exhibits. In all cases where books, files, or records, or parts thereof belonging to or taken from the records of public offices are offered in evidence or are marked for identification to be offered at a pretrial conference, it shall be the duty of the party offering the same to furnish true copies of the same to the court reporter and the opposing counsel before the offer.

   B. Documentary Exhibits. All documentary evidence which is not impeaching or rebuttal in nature shall be presented to the court reporter prior to trial, marked for identification, and exhibited to the opposing party for inspection.

Adopted effective December 29, 1995.

   Pretrial conferences will be on order of the court, consistent with Neb. Ct. R. of Dist. Ct. Pretrial Proc. (rev. 2000), and shall specify the date, hour, location, requirement placed upon counsel, the manner in which the conference will be held, and any other matters the court deems appropriate. A party represented by counsel shall appear at such conference through the attorney who is to conduct the trial, or by trial counsel's co-counsel having full knowledge of the case and possessed of authority to bind the party by stipulation.

Adopted effective December 29, 1995.

   A. Except under exceptional circumstances, and then only with the special permission of a District Court judge for good cause shown, no person other than the judges or District Court personnel shall remove from the office or possession of the Clerk of the District Court any records, papers, or files, including transcripts and bills of exceptions, pertaining to the cases in the court.

   B. If a District Court judge grants permission to remove from the Clerk's Office any records, papers, or files, the person to whom the permission is granted shall sign a written receipt for such materials. The receipt shall identify with particularity the materials being removed and shall include (1) the name, address, and telephone number of the person who is removing the materials and (2) the name, address, and telephone number of the person on whose behalf the materials are being removed.

   The records, papers, or files shall be returned to the Clerk of the District Court within three (3) working days of the date on which they are removed, including the day of removal, and in no event shall the materials be returned later than one (1) working day prior to any court proceeding in the case to which they relate. The failure to return any records, papers, or files in compliance with the provisions of this rule shall result in revocation of the removal privilege of the attorney, firm of attorneys, or abstracter on whose behalf the materials were removed. The privilege shall not be restored except as the presiding judge may direct. The presiding judge may impose such other penalties and sanctions as may be appropriate for violation of this rule.

   C. Any person may obtain photocopies of any public filings at such reasonable cost as the Clerk of the District Court shall determine.

Adopted effective December 29, 1995; amended October 26, 2005.

   A. Outside Judge. A district judge from outside this district shall not be called to hear a case without the approval of the presiding judge, and all requests for assistance from outside the district shall be channeled through the presiding judge.

   B. Senior Practice. A law student who is certified as eligible for senior practice in accordance with the rules of the Supreme Court of Nebraska may appear and participate in proceedings in District Court only in the actual presence of the supervising attorney, who shall in each proceeding introduce the student to the judge and request affirmative consent to the student's participation.

   C. Restraining Orders. Restraining orders, orders for attachment or garnishment prior to judgment, orders granting leave to depose witnesses less than 20 days after the commencement of the action, and similar orders will not be considered until a petition is filed. A copy of the petition, any necessary motions, the docket sheet, and a proposed order must be presented at the time of hearing.

   D. Official Newspaper. The Daily Record is the official court newspaper for the purpose of publishing court calls, default dismissals, cases reinstated for trial, and such matters including notices to attorneys, notices regarding jury panels, and all other matters left to the discretion of the court.

   E. Witness Fees. When a person is subpoenaed or appears voluntarily as a witness in any case, it shall be the duty of the party at whose instance the witness appeared to see that the attendance of such witness is properly registered with the Clerk of the court. In the absence of such being done, it shall not be incumbent upon the Clerk to tax fees for such witnesses as costs in the case on trial; provided, however, that upon motion for retaxing costs the court may order such fees taxed as costs.

   F. Garnishment Proceedings. Upon receipt by the Clerk of a debtor's request for hearing on a garnishment proceeding, the Clerk shall promptly enter the request into the computer for assignment to a judge and generation of a notice directed to the judgment creditor, which shall be delivered promptly to the Court Administrator who shall mail it to the judgment creditor. The notice shall include the title and number of the case, the date of receipt by the Clerk of the request for hearing, the name of the judge to whom the hearing is assigned, a requirement that the judgment creditor schedule the hearing with the judge's bailiff within 10 days of the date of the filing of the judgment debtor's request, and that the judgment creditor promptly give notice of the hearing to the judgment debtor.

Adopted effective December 29, 1995.

   These rules of the district court of the Fifth Judicial District shall become effective upon approval by the Supreme Court and shall supplement the Uniform District Court Rules of Practice and Procedure adopted by the Supreme Court.

   The regular term of the court commences on January 1 of each calendar year and concludes on December 31 of the same calendar year. No order opening or closing such term shall be required. 

   In addition to the requirements of Neb. Rev. Stat. § 25-1148, motions for continuance shall state whether any opposing party objects. A party filing a motion for a continuance shall arrange as soon as practicable a new date with all opposing parties and the court. 

   A. Journal Entries. It shall be the duty of the party assigned by the court promptly to prepare a formal journal entry, order, judgment, or decree. Counsel assigned to prepare the proposed formal journal entry, order, judgment, or decree shall submit the original to the judge and shall mail a copy to all opposing parties or their attorneys within 7 days after announcement of the decision or ruling.

   B. Stipulations & Agreements. All stipulations not made in open court or in chambers and recorded by the reporter and all agreements of counsel or parties to a suit must be reduced to writing and signed by the parties making the same and filed with the clerk, or they will not be recognized or considered by the court. 

   A. (1) Property Statements. Where the action involves a division of property, both parties shall file a single property statement setting forth assets, liabilities, and any other information concerning property germane to the case at bar. The plaintiff shall have 30 days from filing the action to prepare and file the property statement and furnish a copy to the opposing party. The defendant shall then complete the property statement filed by the plaintiff by adding to it any additional property and the defendant’s estimates of the value of all property listed by the plaintiff. The defendant shall file the completed property statement and serve a copy on the plaintiff within 30 days after the plaintiff files the initial statement. Property statement forms may be obtained from the clerk or prepared by counsel or pro se parties, and may be presented in computer generated spreadsheet format, as long as counsels' and parties' forms provide at least the same information as the form available from the clerk (a model property statement form is appended to these rules).

   (2) Extensions & Pretrial Filing Deadline. Either party may obtain an extension of the time for filing or completing the property statement on written motion for good cause shown. Except by agreement of the parties or by order of the court, amendments to the property statement shall not be permitted unless filed at least 10 days prior to trial.

   B. Temporary Relief Affidavits. No affidavit regarding temporary relief applications, other than ex parte relief allowed by statute, shall be considered by the court, unless a copy has been served on the opposing party not less than 24 hours prior to the temporary hearing.

   C. Ex Parte Custody Orders. No ex parte order shall be entered in a domestic relations case without one or more supporting affidavits from a party or his or her witnesses. Except for good cause shown, no ex parte temporary order shall be entered in a pending case if the opposing party is represented by counsel or a guardian ad litem/attorney for minor(s) has been appointed. If an ex parte order is issued, it shall be served upon the opposing party or counsel forthwith, and a temporary hearing shall be held forthwith.

   D. Guardian ad Litem Fees. Whenever an issue concerning custody of a minor child exists, the court may appoint a guardian ad litem/attorney for the minor child. In such event, the court also may order an initial guardian ad litem fee deposit to be paid into the clerk’s office within 20 days after the date of the order appointing the guardian ad litem and setting the initial fee deposit. The initial fee, if any, shall be allocated between the parties in the discretion of the court, subject to modification and assessment of additional fees after the final hearing or trial. Parties claiming indigence may apply to the court for a waiver of the fee assessment, initial or final. An application for waiver of the guardian ad litem fee assessment shall be accompanied by a completed affidavit of indigence on the same forms prescribed by the Supreme Court for applications for appointment of counsel or for leave to proceed in forma pauperis.

   E. Automatic Hearing Dates. The clerk shall set uncontested trial dates in all dissolution actions for the first motion/service day occurring more than 60 days after service of process or voluntary appearance.

   F. Leaving the State. Every order for child custody, temporary or permanent, shall contain language substantially as follows:

   A party exercising custody of a minor child is ordered not to move the child outside the State of Nebraska. Anyone intending such a move must first:

   (1) Make written application to the court, and

   (2) Give notice of the application and hearing to the other party as required by law.

   G. Parenting Classes. Parties to domestic relations matters involving children are required to attend an approved parent education program within 60 days from receipt of service of process. A list of approved classes can be obtained from the Administrative Office of the Courts. This requirement applies to all cases in which parenting issues are involved or are raised, including dissolution of marriage, determination of paternity, motions to compel existing orders, applications to modify decrees of dissolution, and applications to modify decrees of paternity. Both parents are required to attend the parent education program. If the court deems it advisable, the parties may be required to complete a second level parenting class.

   H. Parenting Plan/Mediation. (1) Prior to July 1, 2010, the parties to all cases involving parenting issues as described in paragraph G shall submit a parenting plan to be approved by the court. The parenting plan shall be developed by the parties or their counsel, an approved mediation center, or a private mediator. When a parenting plan has not been developed and submitted to the court, the court shall either create the parenting plan in accordance with the Parenting Act or refer the case to an approved mediator. Until July 1, 2010, either party may terminate mediation at any point in the process.

   (2) On or after July 1, 2010, all parties in such cases who have not submitted a parenting plan to the court within the time specified by the court shall be required to meet and participate in mediation services with an approved mediator to complete a parenting plan or visitation schedule, including child custody, visitation, grandparent visitation, and any other issues relating to the children that may be susceptible to mediation. A list of approved mediation service providers can be obtained from the Administrative Office of the Courts. No trial date will be scheduled until attendance at the required parent education seminar has been completed and mediation to resolve custody and/or visitation issues has been attempted, provided, however, that failure or refusal to participate by a party shall not delay entry of a final judgment by more than 6 months. It is further provided that, notwithstanding the language in this paragraph, domestic violence issues may, upon consideration by the trial court, disqualify the parties from mediation. On or after July 1, 2010, a party may not terminate mediation until after an individual, initial screening session and one mediation or specialized alternative dispute resolution session are held.

   I. Mediation in Cases Involving Abuse/Neglect/Unresolved Conflict. When, in any case involving parenting issues as described in paragraph G, there are allegations of domestic intimate partner abuse or unresolved parental conflict between the parties in any proceeding, or when screening by a mediator or mediation center identifies the presence of child abuse or neglect, unresolved parental conflict, domestic intimate partner abuse, other forms of intimidation or coercion, or a party’s inability to negotiate freely and make informed decisions, then mediation shall not be required; however, the parents shall be required to meet with a mediator who is a trained facilitator in specialized alternative dispute resolution. The list of such trained and approved mediators can be obtained from the Administrative Office of the Courts.

   The specialized alternative dispute resolution process shall begin with each parent meeting individually with a qualified facilitator to provide an opportunity for the facilitator to educate each party about the process; obtain informed consent from each party in order to proceed; establish safety protocols; allow support persons to attend sessions; and consider opt-out-for-cause. Any party may terminate after an initial, individual screening session and one specialized alternative dispute resolution session are held. The primary consideration in each specialized alternative dispute resolution session shall be the safety of each party and each child. The facilitator of the process has a duty to determine whether to proceed in individual sessions or caucus sessions in order to address safety and freedom to negotiate. Joint sessions shall not be used unless, after a safety assessment by the facilitator, all parties agree to a joint session to be conducted at the courthouse, with appropriate safety measures in place.

   J. Child Support Guidelines Calculations. (1) In all matters in which a final order includes the setting of child support, a child support guidelines calculation shall be completed by the parties and submitted to the court. A copy of said child support guidelines calculation shall be attached to every proposed order submitted to the court.

   (2) If a deviation is proposed to be granted, the proposed order shall contain specific findings of fact which support the conclusion that a deviation is warranted, a completed worksheet 5 as specified in Neb. Ct. R. § 4-203, or both.

Rule 5-4 amended effective March 10, 2010.

   All motions requiring hearings and all motions to set trial dates or certificates of readiness for trial shall include a reasonable estimate of time necessary for the requested proceeding. Hearings and trials shall not be scheduled until time estimates are provided.

   A. All correspondence with the court regarding pending litigation shall refer to the subject case by case title, number, and county. A copy of all such correspondence shall be sent to all opposing parties or attorneys. If the correspondence requires the court's transmittal of papers, preaddressed, stamped envelopes shall be provided with the correspondence to the court.

   B. The clerk shall maintain all correspondence with and from the court regarding pending litigation in the subject case files, if requested to do so by the judge serving the clerk's county. 

   All motions and pleadings, other than the petition, answer, and reply, shall indicate in the title of the pleading the nature of the relief requested. 

   In all appeals from the county court, the parties' briefs, if any, shall be delivered to the court and opposing counsel or parties appealing pro se not later than the last court day before oral argument. Oral arguments shall be limited to 10 minutes per party, unless special leave of court is granted. The clerk shall automatically set all oral arguments in all appeals from county court for hearing on the first motion/service day after the clerk receives the bill of exceptions from county court.

   A. Motions Defined. For purposes of this rule, all pretrial and posttrial motions and similar filings which require a hearing or action by a judge, such as special appearances, demurrers, applications for temporary relief, criminal arraignments and bond reviews, sentencings, hearings on appeal, and orders to show cause, are motions.

   B. Hearing. All motions shall be heard on the motion/service day following the expiration of 10 days after filing. With the consent of the court, motions may be specially noticed for hearing on other days. Hearing on a motion may proceed ex parte if the adverse party fails to appear and contest the same. Either party may submit a memorandum brief and shall thereupon serve a copy thereof upon the adverse party.

   C. Motion/Service Days. Motion/Service days for each county shall be held as reflected by the annual published schedule prepared for each county by the judge or the judges assigned to that county.

   D. Continuances. Hearings on motions may be continued by the court upon motion for continuance duly made with a showing of good cause therefor.

   E. Content of Calendar. The clerk of the district court of each county shall maintain a motion/service day calendar, which shall show the date the motion was filed, the case number, the case name (abbreviated), a short description of the motion, the last names of the attorneys in the case (if the party is not represented by an attorney, the clerk shall place the words "Pro Se" in the blank applicable to that party), and the date and time assigned for hearing. The calendars produced by use of the JUSTICE system satisfy this rule.

   A. Request for Telephone Conference Hearing.

   (1) No matter will be heard by telephone conference call unless all parties consent to such telephonically held hearing. A party who arranges for a telephone conference will be considered to have certified that such party has obtained the prior consent of all parties who are required or desire to participate in the hearing.

   (2) Telephone conferences requested by the moving party shall be arranged prior to the filing of the motion, and the notice of hearing shall clearly state that the hearing will be held by telephone conference call. Telephone conferences requested by a party other than the moving party shall be arranged at least 3 days prior to the hearing, and notice shall be filed by the party requesting the hearing, together with proof of service thereof on all opposing parties.

   B. Not Available When Nonwaivable Verbatim Record Involved. Although in all instances a written journal entry of the decision of the court shall be made, no verbatim record will be made of any telephonically held hearing. Accordingly, no such hearing may be scheduled for any proceeding requiring a nonwaivable verbatim record under the provisions of Neb. Rev. Stat. § 24‑734 (3) & Neb. Ct. R. of Prac. 5A(1), nor for any matter requiring the offer of exhibits in any form.

   C. Waiver of Other Record. Any party consenting to a telephonic hearing shall be deemed to have waived the verbatim record required only upon request under the provisions of Neb. Ct. R. of Prac. 5A(2). Conducting the hearing shall constitute a waiver of such optional verbatim record.
   D. Initiation of Telephone Conference Call.

   (1) The party requesting the telephone conference call shall be responsible for initiating the call and shall provide for all expenses of the call.

   (2) When a matter has been assigned for telephonic hearing on a regular motion/service day, the matter will not necessarily be heard at a specific time, unless the judge specifically sets a time certain. On such days, the assignment of a hearing time is approximate and is intermingled with other matters scheduled for hearings by personal appearance. The clerk will telephone to notify the party initiating the conference call to proceed immediately thereafter. The matter will be heard at a time reasonably convenient to the court and to those parties who appear personally on motion/service days.

   (3) The party initiating the call shall utilize 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.

   Unless otherwise directed by the court, court files may not be checked out.

Rule 5-11 amended effective March 10, 2010.

   Affidavits, depositions, and other proposed exhibits in support of motions shall not be filed with the clerk unless otherwise ordered by the court. Nothing in this rule shall prohibit any properly filed pleading from being offered and received into evidence.

Rule 5-12 approved effective March 10, 2010.

   Both the moving party and opposing party shall submit a brief in support of or opposition to a motion for summary judgment. The brief of the moving party shall contain a separate statement of each material fact supporting the contention that there is no genuine issue to be tried and as to each shall identify the specific document, discovery response, or deposition testimony (by page and line) which is claimed to establish the fact. Briefs shall be filed at the time of hearing unless leave is granted to file thereafter.

   The party opposing a motion for summary judgment shall set forth in its opposing brief a separate statement of each material fact as to which it is contended there exists a genuine issue to be tried and as to each shall identify the specific document, discovery response, or deposition testimony (by page and line) which is claimed to establish the fact.

Rule 5-13 approved effective March 10, 2010.

   It is the duty of counsel to notify the clerk that a court interpreter is necessary. Such notice will be given as soon as possible and in no event less than 10 days prior to hearing. This rule is in addition to the requirements of the rules relating to court interpreters adopted by the Supreme Court.

Rule 5-14 approved effective March 10, 2010.

   Any of these local rules may be suspended in a particular instance in order to avoid a manifest injustice.

Rule 5-12 renumbered to Rule 5-15 effective March 10, 2010.

   These rules for the District Court of the Sixth Judicial District shall become effective upon approval by the Supreme Court and publication in the Nebraska Advance Sheets and shall supplement the Uniform District Court Rules of Practice and Procedure adopted by the Supreme Court.

Approved June 9, 2010, effective July 1, 2010.

   It shall be the duty of the party directed by a Court to promptly prepare the proper journal entry, order, judgment, or decree. The proposed journal entry, order, judgment, or decree shall be submitted to opposing counsel for approval as to form and submitted to the Court for its signature within 10 days.

   A. Property and Liability Statement:

   (1) When property and liability division is contested at final hearing, the parties shall prepare a joint property and liability statement for use as an exhibit at trial. The Plaintiff shall prepare a complete property and liability statement and serve a copy upon the opposing party 60 days prior to trial. The Defendant shall then complete the property and liability statement by adding to it any additional items of property and liabilities and the Defendant's opinions of value of all property and liabilities listed. The Defendant shall serve a copy of the revised property and liability statement upon the Plaintiff at least 30 days prior to trial.

   The property and liability statement shall be similar to and contain the information identified in Appendix No. 1 attached to these rules.

   (2) Extensions and Pretrial Filing Deadline: Either party may request an extension of time for filing or completing property statements on written motion and good cause shown. Except by agreement of the parties or order of the Court, amendments to the property and liability statement shall not be permitted unless served upon opposing counsel at least 10 days prior to trial. Property and liability statements shall not be filed with the Clerk of the District Court; however, proof of service shall be filed with the Clerk of the District Court.

   B. Temporary Relief Hearing (i.e. Support, Custody, Etc.): All applications for temporary support, allowances, custody, parenting time, restraining orders, etc. shall be supported by evidence in the form of affidavits unless otherwise allowed by the Court upon a showing of good cause. No affidavit regarding temporary relief applications, other than ex parte relief allowed by statute, shall be considered by the Court, unless a copy has been served on the opposing party not less than 24 hours (Saturday and Sunday excluded from this calculation) prior to the temporary hearing.

   Except for good cause shown, no more than 20 pages of affidavits (excluding exhibits attached thereto), will be considered by the Court at the time of the temporary hearing.

   Where child support is an issue, counsel shall also prepare and exchange the applicable child support worksheets not less than 24 hours (Saturday and Sunday excluded from this calculation) prior to the temporary hearing.

   C. Ex Parte Custody Orders: No ex parte order shall be entered in a domestic relations case without one or more supporting affidavits from a party or his or her witnesses. Except for good cause shown, no ex parte temporary order shall be entered in a pending case if the opposing party is represented by counsel or a guardian ad litem/attorney for minor(s) has been appointed. If an ex parte order is issued, it shall be served upon the opposing party or counsel forthwith, and a temporary hearing date and time shall be set forth therein.

   D. Education and Mediation in Domestic Relations Cases:

   Parenting Education Course: Parties to domestic relations matters involving parenting issues of children are required to attend an approved parent education program within sixty (60) days from date of service of process or the date filing a voluntary appearance. A list of approved programs can be obtained from the Administrative Office of the Court.

   This requirement applies to all cases in which parenting issues are involved, including dissolution of marriage, determination of paternity, motions to enforce existing orders, and applications to modify existing custody orders.

   Participation in the course may be delayed or waived by the Court for good cause shown. Failure or refusal by any party to participate in the course shall not delay the entry of a final judgment by more than six (6) months.

   If the Court deems it appropriate, the parties may be required to complete a second level parenting class.

   E. Parenting Plan/Mediation:

   (1) For cases filed on or after July 1, 2010, all parties who have not submitted a parenting plan to the Court within the time specified by the Court shall be required to participate in mediation or specialized alternative dispute resolution with an approved mediator to complete a parenting plan or visitation schedule, including child custody, parenting time, grandparent visitation, and any other issues relating to the children that may be susceptible to mediation. A list of approved mediation service providers can be obtained from the Administrative Office of the Court.

   No trial date will be scheduled until mediation to resolve custody and/or parenting time/visitation issues have been attempted; provided, however, that failure to reach an agreement on a parenting plan shall not delay entry of a final judgment by more than 6 months. It is further provided that, notwithstanding the language in this paragraph, domestic violence issues may, upon consideration by the trial court, disqualify the parties from mediation. On or after July 1, 2010, a party may not terminate mediation until after an individual, initial screening session and one mediation or specialized alternative dispute resolution session are held.

   (2) When, in any case involving parenting issues as described in paragraph (1), there are allegations of domestic intimate partner abuse or unresolved parental conflict between the parties in any proceeding, or when screening by a mediator or mediation center identifies the presence of child abuse or neglect, unresolved parental conflict, domestic intimate partner abuse, other forms of intimidation or coercion, or a party's inability to negotiate freely and make informed decisions, then mediation shall not be required; however, the parents shall be required to meet with a mediator who is a trained facilitator in specialized alternative dispute resolution. The list of such trained and approved mediators can be obtained from the Administrative Office of the Courts.

   The specialized alternative dispute resolution process shall begin with each parent meeting individually with a qualified facilitator to provide an opportunity for the facilitator to educate each party about the process; obtain informed consent from each party in order to proceed; establish safety protocols; allow support persons to attend sessions; and consider opt-out-for-cause. Any party may terminate after an initial, individual screening session and one specialized alternative dispute resolution session are held. The primary consideration in each specialized alternative dispute resolution session shall be the safety of each party and each child. The facilitator of the process has a duty to determine whether to proceed in individual sessions or caucus sessions in order to address safety and freedom to negotiate. Joint sessions shall not be used unless, after a safety assessment by the facilitator, all parties agree to a joint session to be conducted at the courthouse, with appropriate safety measures in place.

   (3) For good cause shown and (i) when both parents agree and such parental agreement is bona fide and not asserted to avoid the purposes of the Parenting Act or (ii) when mediation or specialized alternative dispute resolution is not possible without undue delay or hardship to either parent, the mediation or specialized alternative dispute resolution requirement may be waived by the court. In such a case where waiver of the mediation or specialized alternative dispute resolution is sought, the court shall hold an evidentiary hearing and the burden of proof for the party or parties seeking waiver is by clear and convincing evidence.

   F. Child Support Guidelines Calculations:

   (1) In all matters in which a final order includes the setting of child support, a child support guideline calculation shall be completed by the parties and submitted to the court. A copy of said child support guideline calculation shall be attached to every proposed order submitted to the court.

   (2) If a deviation is proposed to be granted, the proposed order shall contain specific findings of fact which support the conclusion that a deviation is warranted, a completed worksheet 5 as specified in Neb. Ct. R. § 4-203, or both.

   A. A matter may be heard by telephonic conference call by permission or direction of the Court.

   B. All nonevidentiary hearings, and any evidentiary hearings approved by the Court and by stipulation of all parties that have filed an appearance, may be heard by the Court telephonically or by videoconferencing or by use of 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.

   C. 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.

   D. The party requesting the telephone conference call shall be responsible for:

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

   (2) serving written notice, clearly stating that the hearing will be held by telephone conference, on all other parties who will participate in the conference call.

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

   (4) 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 or terminate the telephonic hearing and schedule an in-court hearing.

   All correspondence with the Court regarding pending litigation shall refer to the subject case by case title, number, and county, and a copy of such correspondence shall be mailed to opposing counsel or pro se parties.

   Unless otherwise directed by the Court, court files may not be checked out.

   Affidavits, depositions, and other proposed exhibits in support of motions shall not be filed with the Clerk unless otherwise ordered by the Court. Nothing in this rule shall prohibit any properly filed pleading from being offered and received into evidence.

   In addition to the requirements of the Uniform District Court Rules, counsel may be permitted to withdraw from a matter upon filing an affidavit which:

   A. Recites that the motion to withdraw and notice of hearing has been served upon the client and all parties of record; and,

   B. Provides the client’s last known mailing address.

   Court-appointed counsel shall be paid an hourly fee established by the Court and kept on file with the Clerk. Before court-appointed counsel’s claim for payment is allowed, such attorney shall file a written motion for fees, positively verified, itemizing the time and expenses spent on the case. All motions for fees shall be served on the County Attorney.

   It is the duty of counsel to notify the Clerk of the Court that an interpreter is necessary. Such notice will be given as soon as possible and in no event less than 10 days prior to hearing. This rule is in addition to the requirements of the Rules Relating to Court Interpreters adopted by the Supreme Court.

   These rules for the district court of the Seventh Judicial District shall become effective upon approval by the Supreme Court and publication in the Nebraska Advance Sheets and shall supplement the Uniform District Court Rules of Practice and Procedure adopted by the Supreme Court.

Adopted effective September 22, 1995.

   The regular term of the court in each county shall be deemed to commence on January 1 of each calendar year and shall be deemed to conclude on December 31 of the same calendar year. No order opening or closing such term shall be required.

Adopted effective September 22, 1995. 

   All stipulations not made in open court or in chambers and recorded by the reporter and all agreements of counsel or parties to a suit must be reduced to writing and signed by the parties making the same and filed with the clerk, or they will not be recognized or considered by the court.

Adopted effective September 22, 1995.

   All correspondence with the court regarding pending litigation shall refer to the subject case by case title, number, and county, and a copy of such correspondence shall be mailed to opposing counsel or pro se litigant. If the correspondence entails the transmittal of pleadings or journal entries, orders, or decrees by the court, preaddressed, stamped envelopes required for those purposes shall be enclosed therewith.

Adopted effective September 22, 1995.

   Pretrial conferences will be set by pretrial progression order of the court.

Adopted effective September 22, 1995. 

   A. Counsel for Indigent: All members of the bar residing within the Seventh Judicial District who are authorized to actively practice law by the Nebraska State Bar Association shall accept appointments to represent indigent defendants in juvenile, civil contempt, or criminal cases whenever ordered to do so.

   B. Fees: Before the claim of any attorney appointed by the court is allowed, such attorney shall make a written motion for fees, positively verified, stating time and expenses in the case. Counsel shall also state in the motion that counsel has not received, and has no contract for the payment of, any compensation by such defendant or anyone in the defendant's behalf, or if counsel has received any fee or has a contract for the payment of same, to disclose the same fully so that the proper credit may be taken on counsel's motion.

Adopted effective September 22, 1995.

   All pretrial and posttrial motions shall be heard on the next succeeding regularly scheduled civil motion day (established annually by order of the court) following expiration of 10 days after filing.

   A. Civil Motion Calendar: The clerk of the district court shall maintain a Motion Calendar showing all such motions and shall mail a copy of the current portion of the Motion Calendar to the district judge then presiding, to each attorney of record, and to each party appearing pro se, having such motions assigned for hearing at least 1 week before such motion day. Counsel shall not be required to appear personally at the motion hearing. Counsel electing not to appear personally may provide the court with a written memorandum of authority in support of or opposition to the motion at least 3 days prior to the hearing date.

   B. Criminal Calendar: The clerk of the district court shall maintain a Criminal Calendar showing all criminal matters and scheduling the same for hearing on the first Criminal Day after the filing thereof or as ordered by the court. All domestic abuse protection order matters shall also be set for hearing on the Criminal Calendar.
   The clerk of the district court shall mail a copy of the current portion of the Criminal Calendar to the district judge then presiding, to each attorney of record, and to each party appearing pro se, having a case assigned for hearing, at least 1 week before such Criminal Day.

   C. Domestic Relations Calendar: The clerk of the district court shall maintain a Domestic Relations Calendar showing all domestic relations matters and scheduling the same for hearing on the first Domestic Relations Day after the expiration of 60 days from the perfecting of service; provided, applications for modification shall be set for hearing on the first Domestic Relations Day after the expiration of 30 days from the perfecting of service; provided further, contempt proceedings shall be set for hearing on the first Domestic Relations Day after the expiration of 14 days from the filing thereof.

   The clerk of the district court shall mail a copy of the current portion of the Domestic Relations Calendar to the district judge then presiding, to each attorney of record, and to each party appearing pro se having a case assigned for hearing, at least 1 week before such Domestic Relations Day.

   The regularly scheduled motion day shall be the Criminal Day and Domestic Relations Day in Antelope, Cuming, Pierce, Stanton, Knox, and Wayne Counties, and the Domestic Relations Day and Criminal Day shall be as annually ordered by the court in Madison County.

   The parties to a domestic relations action involving permanent custody or permanent visitation shall complete a court-approved parenting education course pursuant to the Order and Policy established by the Court and maintained on file with the Clerk.

Adopted effective September 22, 1995; amended December 20, 2002.

   No court file shall be removed from the clerk's office except under exceptional circumstances and then only for good cause shown. This rule shall not apply to transcripts or bills of exceptions.

   Attorneys may check out transcripts and bills of exceptions from the clerk's office for not more than 7 days. Before removing any such transcript or bill of exceptions, a receipt therefor shall be executed and left with the clerk. If the transcript or bill of exceptions is not returned within 7 days, or sooner if ordered by the court, the clerk, by written notice, shall warn that checkout privileges will be suspended unless such item is returned forthwith. On failure of such return, the clerk is directed by the court to suspend until further order the checkout privileges of the involved attorney.

   Any person may obtain photocopies of any public filings at a cost of 25 cents per page.

   This rule shall not apply to the judge or his or her designate.

Adopted effective September 22, 1995.

   Upon a showing of good cause, any of the foregoing rules shall be subject to such modification by the court as may be necessary in special instances to meet emergencies or to avoid injustice or great hardship.

Adopted effective September 22, 1995.

   A. Scope: Any non-evidentiary matter may be heard by telephonic conference if all parties consent to the same. All such hearings shall be recorded by the court reporter.

   B. Request for Hearing: Unless the parties otherwise agree, the hearing shall be arranged and initiated by the party or counsel for the party filing the matter necessitating the hearing. The date, time, and court location of any telephonic hearing shall be arranged through the court’s bailiff or court reporter prior to being set.

Adopted December 18, 2002.   

   Both the moving party and the opposing party shall submit a brief in support of or in opposition to a motion for summary judgment at or prior to hearing. The brief of the moving party shall contain a statement of each material fact supporting the contention that there is no genuine issue to be tried. All briefs shall identify the specific documents (pleadings, depositions, affidavits, admissions, and other discovery responses) by page and line which are claimed to support the position of that party.

Adopted December 18, 2002.

   Except as provided by § 43-2937(4), all parties to a domestic relations action involving child custody, child support, parenting time, visitation or other access, or removal from the jurisdiction of the court, including original actions or modifications, who have not submitted a stipulated parenting plan to the court by the date of the pretrial conference, or in the event there is no pretrial conference, by the date of the final hearing/trial shall be required to participate in mediation or specialized alternative dispute resolution in an effort to complete a stipulated parenting plan, and  no final hearing/trial will be held until mediation has been attempted in accordance with §§ 43-2937(3) and 43-2939(6).

Approved May 12, 2010; effective July 1, 2010.

   Upon approval of these rules by the Supreme Court and publication in the Nebraska Advance Sheets, these rules for the district court of the Eighth Judicial District shall become effective on September 1, 1995, and shall supplement the Uniform District Court Rules of Practice and Procedure adopted by the Supreme Court.

   The court shall be divided into two divisions. The Northern Division shall consist of the counties of Blaine, Boyd, Brown, Cherry, Holt, Keya Paha, and Rock. The Southern Division shall consist of the counties of Custer, Garfield, Greeley, Howard, Loup, Sherman, Valley, and Wheeler.

   The regular term of the court in each county shall be deemed to commence on January 1 of each calendar year, and shall be deemed to conclude on December 31 of the same calendar year. No order opening or closing such term shall be required.

   A. Motions Defined: For purposes of this rule, all pretrial and posttrial motions and similar filings which require a hearing or action by the judge, such as special appearances, demurrers, applications for temporary relief, criminal arraignments, sentencings, hearings on appeal, and orders to show cause, are motions. 

   B. Motion Days: Motion days for each county shall be held at least monthly, as reflected by the annual published schedule of each division of the court.

   C. Content of Calendar: The clerk of the district court of each county shall maintain a motion calendar, which shall show the date the motion was filed, the case number, the case name (abbreviated), a short description of the motion, the last names of the attorneys in the case (if the party is not represented by an attorney the clerk shall place the words "Pro Se" in the blank applicable to that party), the date and time assigned for hearing.

   D. Date and Time of Hearing:

   (1) Prior to the filing of any motion, the moving party shall obtain a date and time of hearing for the motion from the clerk of the court. When filed, the motion shall be accompanied by a notice of the date and time of hearing, and by proof of service of the motion and notice of hearing on all other parties. The court may decline to hear any motion which is not accompanied by such notice of hearing and proof of service.

   (2) Unless otherwise directed by the court, the clerk shall assign the motion for hearing on the next regular motion day in that county which is at least 5 days, plus any additional time required for service on opposing parties (usually 3 days under § 25-534), after the expected date of filing of the motion.

   E. Preparation and Mailing of Calendar:

   (1) Before the motion day, the clerk shall mail or fax a copy of the motion calendar to the judge and to the official court reporter. 

   (2) The clerk may mail or deliver a copy of the motion calendar to any party having a matter on the motion calendar. However, no such mailing or delivery shall substitute for the notice of hearing and proof of service required in paragraph D above.

   A. Request for Telephone Conference Hearing:

   (1) No matter will be heard by telephone conference call unless all parties consent to such telephonically held hearing. A party who arranges for a telephone conference will be considered to have certified that such party has obtained the prior consent of all parties who are required or desire to participate in the hearing. 

    (2) Telephone conferences requested by the moving party shall be arranged prior to the filing of the motion, and the notice of hearing shall clearly state that the hearing will be held by telephone conference call. Telephone conferences requested by a party other than the moving party shall be arranged at least three (3) days prior to the hearing, and notice shall be filed by the party requesting the hearing, together with proof of service thereof on all opposing parties.

   B. Not Available When Nonwaivable Verbatim Record Involved: Although in all instances a written journal entry of the decision of the court shall be made, no verbatim record will be made of any telephonically held hearing. Accordingly, no such hearing may be scheduled for any proceeding requiring a nonwaivable verbatim record under the provisions of Neb. Ct. R. App. P. § 2-105A(1).

   C. Waiver of Other Record: Any party consenting to a telephonic hearing shall be deemed to have waived the verbatim record required only upon request under the provisions of Neb. Ct. R. App. P. § 2-105A(2). Conducting the hearing shall constitute the waiver of such optional verbatim record by the court. 

   D. Initiation of Telephone Conference Call:

   (1) The party requesting the telephone conference call shall be responsible for initiating the call and shall provide for all expenses of the call. 

    (2) When a matter has been assigned for hearing on a regular motion day, the matter will not necessarily be heard at a specific time, unless the judge specifically sets a time certain. On such days, the assignment of a hearing time is approximate and is intermingled with other matters scheduled for hearings by personal appearance. The clerk will telephone to notify the party initiating the conference call to proceed immediately thereafter. The matter will be heard at a time reasonably convenient to the court and to those parties who appear on motion day. 

   (3) The party initiating the call shall utilize appropriate equipment and systems to assure 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.

   Any proposed order, decree, or judgment mailed or delivered to the court shall be accompanied by a stamped envelope preaddressed to the clerk of the court, for use by the court in mailing the signed order to the clerk for filing. Any party desiring the return to such party of a signed, file-stamped copy of the order, decree, or judgment, shall provide the necessary copy of the document together with an additional preaddressed, stamped return envelope for the use by the clerk in mailing the signed copy to such party.

   No person shall remove any case file from the clerk's office, except that any civil case file may be checked out by permission of the judge or clerk. No person other than a member of the Nebraska State Bar Association or a registered abstractor shall be permitted to check out a file without the special permission of the judge.

   A receipt shall be signed for each file. Each file shall be returned within 5 days, or such lesser time required by the judge or clerk, and in any event no later than 1 day prior to any hearing concerning the file. Failure to return a file as required by the rule shall result in immediate suspension of check out privileges. 

   This rule does not apply to the judge or his designate.

   In addition to the requirements set forth in Neb. Rev. Stat. § 25-1148 (Reissue 2008), a motion for a continuance shall set forth whether the opposing party has an objection. If the opposing party does not object to the continuance, the party filing the motion shall be responsible for arranging, as soon as practical, a new date and time with all opposing parties and the court. If the opposing party does object, it is the responsibility of the party filing the motion to notice the motion for a continuance hearing. Except for exigent circumstances, a motion for a continuance shall be made at least 3 working days prior to the hearing for which the continuance is requested.

   It shall be the duty of the counsel assigned by the court promptly to prepare a formal journal entry, order, judgment, or decree. Counsel assigned to prepare the proposed formal journal entry, order, judgment, or decree shall submit the original to the judge and shall mail a copy to all opposing parties or their attorneys within 7 days after announcement of the decision or ruling.

   A. Property Statements. Where the action involves a division of property, the parties shall file a joint property statement. The plaintiff shall have 60 days from filing the action to prepare and furnish a copy to the opposing party. The defendant shall then supplement the property statement by adding to it any additional property or debts. The defendant shall serve a copy on the plaintiff within 30 days after receiving the initial statement from the plaintiff. Joint property statement forms may be obtained from the clerk or court. The joint property statement must be filed with the court prior to setting a trial date if the division of property will be contested.

Either party may obtain an extension of the time for completing the property statement on written motion for good cause shown. Except by agreement of the parties or by order of the court, amendments to the property statement shall not be permitted unless filed at least 10 days prior to trial.

   B. Temporary Hearings. Unless otherwise ordered, temporary hearings shall be heard by affidavit and argument only. All affidavits must be typed or written legibly or they will not be considered. No affidavit regarding temporary relief applications, other than ex parte relief allowed by statute, will be considered by the court unless a copy has been served on the opposing party at least 24 hours prior to the temporary hearing. Except for good cause shown, no more than 5 affidavits or, alternatively, no more than 50 affidavit pages (including exhibits attached thereto) per party will be considered by the court at the temporary hearing.

   A. The moving party shall submit a brief in support of the motion for summary judgment. The brief will set forth the basis for the motion (including the rule of procedure or statute under which the motion is filed) and a separate statement of each material fact as to which the moving party contends there is no genuine issue. As to each fact, the brief shall identify the specific document or portion thereof or discovery response or deposition testimony (by page and line) which it is claimed establishes the fact. The brief shall be submitted to the court and served on the opposing party at least 10 days prior to hearing.

   B. The party opposing a motion shall submit a brief in opposition to the motion for summary judgment. The brief will set forth a separate statement of each material fact as to which it contends there exists a genuine issue of material fact. As to each fact, the opposing party shall identify the specific documents or discovery response or deposition testimony (by page and line) which it is claimed establishes the genuine issue. The brief shall be submitted to the court and served on the moving party at least 24 hours prior to the hearing.

   These rules for the district court of the Ninth Judicial District shall become effective upon approval by the Supreme Court and publication in the Nebraska Advance Sheets and shall supplement the Uniform District Court Rules of Practice and Procedure adopted by the Supreme Court.

Approved effective October 27, 1995.

   One annual term of court will be held in each district court in the Ninth Judicial District. The term will commence on January 1 and expire on December 31 of each year.

Approved effective October 27, 1995; amended September 9, 2010.

   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.

   If the opposing party does not object to the continuance, the party filing the motion shall be responsible for arranging, as soon as practical, a new date and time with all opposing parties and the court. If the opposing party does object, it is the responsibility of the party filing the motion to set the motion for hearing. Except for exigent circumstances, a motion for a continuance shall be made at least 5 working days prior to the hearing for which the continuance is requested.

   Stipulations for continuances are subject to the approval of the court based upon the reasons given, the progression schedule, and the availability of an alternate date. All orders for a continuance of a hearing will specify the date and time of the rescheduled hearing. Upon the filing of a motion for continuance, absent a prompt request for hearing by another party, the court may grant or deny the motion for continuance ex parte.

Approved effective October 27, 1995; amended September 9, 2010.

   It shall be the duty of the party directed by the court to promptly prepare a proper journal entry, order, judgment, or decree. The proposed journal entry shall be submitted to opposing counsel or party for approval as to form and content and then submitted to the court for its signature within 10 days after the decision or order is announced. Should a party or attorney object to the form or content of the journal entry, he or she should notify the court immediately of any requested change. The court will determine the final language of the order. As to all journal entries which constitute a judgment within the meaning of Neb. Rev. Stat. § 25-1301.01, the clerk shall file a certificate in the court file showing that a notice has been mailed to all parties of record or their attorneys. The clerk shall refuse to issue execution, order of the sale, fee bill, or other final process founded upon such decision or order in any case until the same is properly journalized and signed.

Approved effective October 27, 1995; amended September 9, 2010.

   A. Pro se litigants may submit handwritten pleadings. Such pleadings shall be in ink and shall not contain erasures or interlineations materially defacing the pleading.

   B. All pleadings shall have a 1½-inch margin at the top of each page.

   C. Pleadings submitted by a pro se party shall contain the name, address, and telephone number of the pro se party offering the pleading.

   D. After filing of the initial pleading, copies of all other pleadings shall be served upon all parties of record or, if represented, upon the attorney, and the pleading shall contain proof of service.

   E. Proof of Service of Papers. Except as otherwise provided by statute, or by order of the court, proof of service of any pleading, motion, or other paper required to be served shall be made by (1) a certificate by or on behalf of counsel showing the name and address of any party on whom service was had, (2) written receipt of the opposing party or his or her attorney, (3) affidavit of the person making service, (4) return of the county sheriff, or (5) other proof satisfactory to the court. Failure to make proof of service will not affect the validity of the service, and the court may at any time allow the proof of service to be amended or supplied unless it clearly appears that to do so would result in material prejudice to substantial rights of any party.

   F. Additional Parties. In no case after the complaint or other pleading has been filed shall any party, plaintiff or defendant, be added to such action without first obtaining an order of the court granting such leave.

   G. Amendments. Other amendments to pleadings made after the answer is filed may be allowed within the discretion of the court. In no instance shall an amendment of a pleading be made by erasure, substitution, interlineations, or otherwise except by leave of the court. A party who has obtained leave to amend a pleading but fails to do so within the time allowed shall be considered as electing to abide by the former pleading. In no case of amendment shall the original pleading be withdrawn from the file or obliterated.

   H. Pleadings in Default. A party in default of a pleading may, before judgment, on motion, notice, and good cause shown, file the same within such time and upon such terms as the court shall allow.

   I. Costs. Except for criminal cases and proceedings wherein a poverty affidavit is filed and approved by the court, court costs shall be paid when actions are commenced and thereafter when liability for additional costs accrues. An attorney is responsible to the clerk for costs incurred at the attorney’s request and shall immediately pay the same upon receipt of the clerk’s statement of such fees.

Approved effective October 27, 1995; amended September 9, 2010.

   In addition to the requirements of the Uniform District Court Rules, counsel may be permitted to withdraw from a matter upon filing a motion which:

   A. Recites a reason for withdrawal and that the motion to withdraw has been served upon the client and all parties of record;

   B. Provides the client’s last known mailing address; and

   C. Recites whether there is a hearing currently scheduled in the case.

Approved September 9, 2010.

   A. Ordinary business attire for male attorneys shall include a jacket and tie. Ordinary business attire for female attorneys shall include a jacket.

   B. Absent court permission, no person shall use a recording device, photo imaging device, or a cellular telephone for any purpose, including the taking of pictures in the courtroom. Recording devices, cameras, and cellular telephones are subject to confiscation for violation of the rule.

   C. Upon order of the court, any person may be subjected to a search of his or her person for possession of recording devices, photo imaging devices, cellular telephones, and weapons.

   D. Litigants, witnesses, counsel, and spectators shall not mingle or converse with jurors.

Approved September 9, 2010.

   A. Availability of Counsel During Jury Deliberations. Counsel and parties shall be available on such notice, as ordered by the court during jury deliberations. In civil cases, in the event of a verdict or a question by the jury, parties and counsel shall be present within 15 minutes of notification. Failure of a party or counsel to appear will constitute a waiver of appearance. The clerk or bailiff should be kept informed of where counsel will be at all times when the jury is deliberating, unless excused by the court.

   B. Absence of Counsel on Receipt of Verdict. In civil cases, the court will not deem it necessary that any party or any counsel be present or represented when the jury returns to the courtroom with its verdict.

Approved September 9, 2010.

   A. Pursuant to discovery rules of the Supreme Court, depositions will not be filed with the clerk of the court but delivered by the reporter to the possession of the attorney taking such deposition. The reporter shall, however, file with the clerk of the court a certificate confirming that such deposition was taken, naming the witness, the date and place of the deposition, the person to whom the deposition was delivered, the date of delivery, and the cost of the deposition. The certificate shall be filed prior to the trial or other disposition of the case.

   B. When it becomes necessary or appropriate to introduce any pleading or file from another case into evidence, it will be received into evidence by the court only upon the condition that copies be substituted for the originals offered. Copies must be of a permanent type and of a quality acceptable to the reporter for use in any record on appeal.

   C. At no time shall any original pleading or filing be incorporated into any transcript or bill of exceptions. It shall at all times remain in the custody of the clerk of the court unless otherwise ordered by the court.

   D. Interrogatories and requests for admissions shall not be filed as pleadings in any case but may be submitted as exhibits for motions to compel or other motions addressed to the performance or limitation of discovery.

   E. Interrogatories or requests for admissions shall have sufficient space below the interrogatory or request for the responding party to answer. Answers to interrogatories or requests for admissions shall be typed with the answers following the question. If there is insufficient space, or if preferred by the responding party, the responding party may duplicate all of the questions and provide the answers in the appropriate places within the new document.

   F. Requests for relief under the Nebraska discovery rules must be supported by a representation by the moving party that good faith efforts have been made to resolve the differences before seeking the relief.

Approved September 9, 2010.

   A. An attorney or bonded abstractor shall be permitted to withdraw a nonpendng civil action file from the custody of the clerk. The clerk shall take a receipt from the attorney or abstractor removing the file giving the title of the cause on the appearance docket, number of the case, the date when taken, and the date on which the file will be returned. The file shall be returned immediately upon the filing of any pleading in the case or within 3 days after withdrawal, whichever is earlier. Failure to return a file promptly in accordance with the receipt will result in suspension of the right to withdraw files.

   B. No person shall be granted permission to withdraw original bonds or files pertaining to inquests, insanity proceedings, or mental health proceedings.

   C. No active file may be withdrawn without specific written approval of the district judge or clerk of the court.

   D. No criminal file may be withdrawn at any time.

Approved September 9, 2010.

   All correspondence with the court regarding pending litigation shall refer to the subject case by case title, number, and county, and a copy of the correspondence shall be mailed to the opposing counsel or party if not represented. If the correspondence requests the court’s transmittal of documents, a self-addressed, stamped envelope shall be enclosed by the requesting party or counsel.

Approved September 9, 2010.

   A. Pretrial and Post Trial Motions.

   (1) Unless otherwise ordered by the court, all pretrial and post trial motions or similar filings which require a hearing shall be in writing and shall be filed prior to hearing unless waived by opposing counsel. The attorney at the time of filing shall obtain a date for hearing from the judge, the judge’s bailiff, or the judge’s scheduling secretary. Notice of hearing shall be mailed or personally delivered to the opposing counsel or party, if not represented by counsel, as provided in Rule 9-11(B). The use of ordinary mail shall constitute sufficient compliance with this rule except as otherwise specifically required by statute or rule of the Supreme Court.

   (2) Any motion related to a pleading may be filed only once with respect to such pleading. Any motion filed in violation of this rule may be stricken from the file by the court.

   (3) When a motion is overruled and a party is required to plead further, the pleading shall be filed within 10 days unless otherwise ordered by the court.

   (4) The court may, in its discretion, assess attorney fees to parties or their counsel on motion hearings.

   B. The following schedule denotes the number of days prior to the date of hearing that a notice of such hearing shall be served upon a party to constitute a prima facie proof of “reasonable notice” unless a longer period is required by a specific statute;

   (1) Five working days for all temporary hearings and restraining orders in dissolution actions, motions in civil actions, and all motions or arraignments in criminal actions;

   (2) Ten calendar days for contempt hearings (order to show cause and appointment of attorney) and pretrials in civil actions;

   (3) Fourteen calendar days for release of liens, consent to adoption, modification, pretrials, and final hearings in dissolution actions or temporary injunctions; and

   (4) Twenty days for permanent injunctions and trials in civil and criminal actions.

   When notice is given by U.S. mail rather than by personal service, add 1 day for addressee in the same city, 2 days for addressee in state but outside the city, and 3 days for addressee outside the state. The court may approve notices served or mailed not meeting the above guideline requirements where the court determines from the facts that “reasonable notice” has been given. Period of service will be considered waived when the party to be served appears in person or by attorney without making specific objection to the period of service.

   C. When directed by the court, the clerk shall prepare a list of pending civil cases in which no action has been taken for 6 months prior thereto. An order shall then be entered requiring that cause be shown, within 30 days from entry of order, as to why said case should not be dismissed for lack of prosecution. Notice of said order shall be sent to all attorneys of record and pro se parties. If good cause is not shown, such cases shall be dismissed.

Approved September 9, 2010.

   A. Hearings on a motion for summary judgment shall not be scheduled less than 30 days after the motion is filed.

   B. The moving party shall file a brief in support of the motion with the motion. The brief shall set forth the basis of the motion, including rules of procedure and statutory and case law. The brief shall set forth the elements of the claim, set forth each material fact for which the party contends there is no genuine issue to be tried, and identify the specific document, discovery response, or deposition testimony (by page and line) which is claimed to be an established fact.

   C. The party opposing the motion shall file an opposing brief within 20 days setting forth a statement of the elements of the claim, setting forth each material fact the party contends establishes a genuine issue of fact to be tried, and identifying the specific document, discovery response, or deposition testimony (by page and line) which is claimed to establish a factual issue.

Approved September 9, 2010.

   Where available, persons who are not practicing attorneys may use a county law library only with court approval. No books shall be removed from a library unless signed for in the office of the clerk or other custodian. All books must be returned to the library within 1 week from the date taken and returned to their proper places by library users. The bar association of each county shall select one or more of its members to advise and consult with the court on matters pertaining to library maintenance and regulation for that county. Additional library rules may be ordered by the court and conspicuously posted in the office of the clerk and the library.

Approved September 9, 2010.

   All stipulations shall be made in open court and recorded by the reporter or reduced to writing and signed by the parties or counsel and filed with the court.

Approved September 9, 2010.

   A. No matter will be heard telephonically unless consent is obtained from the court.

   B. Telephonic hearings requested by the moving party shall be arranged prior to the filing of the motion, and the notice of hearing shall clearly state that the hearing will be held by telephonic conference call. Telephonic hearings requested by a party other than the moving party shall be arranged prior to the hearing, and notice shall be filed by the party requesting the hearing, together with proof of service on all opposing parties.

   C. Telephonic hearings involving evidentiary matters require a verbatim record, and exhibits shall be provided to the court and opposing parties at least 24 hours prior to the hearing.

   D. Parties to a hearing not involving evidentiary matters are deemed to have waived a verbatim record unless request is made in writing prior to the commencement of the hearing.

   E. Initiation of the Telephonic Conference Call.

   (1) The party requesting the telephonic conference call shall be responsible for initiating the call and shall provide for all expenses of the call.

   (2) If the court determines that the sound quality or volume is insufficient, the court will require the hearing to be continued and reschedule the hearing with parties and counsel appearing.

Approved September 9, 2010.

   A. Informations shall be filed within 7 working days after a defendant is bound over for trial. The information shall have noted thereon the statute under which each count of the complaint is brought, the class of offense, and the penalty. The county attorney shall attach to the information, memorandum showing where the defendant may be served, either at his or her place of residence or place of employment, together with the name of the attorney for the defendant at preliminary hearing. The clerk will make two copies of the information, delivering the original and one copy to the sheriff with instructions for service upon the defendant. The other copy shall remain in the court file until the original is returned. Upon return of service of the information, the bailiff or clerk will fix and calendar a date for arraignment and notify the county attorney’s office and the attorney for the defendant. If the defendant waives service of the information, he or she shall do so in writing and the waiver shall be filed with the information.

   B. If the defendant is confined in jail, it is the duty of the county attorney to notify the sheriff and have the defendant before the court promptly at the time fixed by the court.

   C. If the defendant is released on bond, it is the duty of the defense counsel to notify the defendant to be present before the court promptly at the time fixed by the court.

   D. It shall be the duty of the defense counsel to arrange for the initial presentence interview of the defendant with the probation officer. The probation officer shall have no responsibility to search for the defendant, and if the defendant fails to present himself or herself promptly for the presentence interview, such failure shall be reported to the court and may result in revocation of bond.

   E. It is the duty of counsel offering evidence through a witness requiring an interpreter to timely notify the court. It is the duty of defense counsel to timely notify the court of the defendant’s need for an interpreter.

Approved September 9, 2010.

   A. Applicability. This rule shall apply in every proceeding in which the laws of the United States or the laws of the State of Nebraska establish a right to be represented by counsel. All parties who have a right to be represented by an attorney shall have their eligibility for appointment of an attorney at public expense determined in conformity with this rule.

   B. Application. An individual requesting an appointment of an attorney at public expense shall complete and file with the court a notarized financial affidavit provided by the clerk of the district court setting forth the defendant’s income, assets, and obligations.

   C. Determination of Indigency. After reviewing the information contained in the affidavit and , if applicable, the party’s testimony, the court will determine whether the party is indigent. An indigent party is one whom the court determines is unable to retain legal counsel without prejudicing the party’s ability to provide economic necessities for the party or the party’s family based on a comparison of the party’s available funds and the anticipated cost of counsel.

   D. Review of Indigency Determination. A party’s indigency status may be reviewed in a formal hearing at any stage of a court proceeding if additional information regarding financial circumstances becomes available to the court. A party has the right for reconsideration in a formal hearing of the findings and conclusions regarding the party’s indigency.

   E. Inadmissibility of Information. No information provided by a party pursuant to this rule may be used in any criminal or civil proceeding against the party except, in a prosecution for perjury or contempt committed in providing such information or in an attempt to enforce an obligation to reimburse the State for the cost of counsel.

   F. Fees. Court-appointed counsel shall be paid an hourly fee established by the court. Fee requests shall be verified and shall itemize the service provided, time involved, and expenses incurred.

Approved September 9, 2010.

   A. In cases where a penalty of confinement has been ordered by the county court, no appeal shall be dismissed upon the motion of the defendant unless he or she appears personally before the district court to request such dismissal.

   B. In cases where a fine has been imposed by the county court, no appeal shall be dismissed upon the motion of the defendant unless the defendant appears personally before the district court to request such dismissal and a showing is made that all fines and costs have been paid.

Approved September 9, 2010.

   All lawyers providing limited scope representation to a client shall do so pursuant to the terms of Neb. Ct. R. of Prof. Cond. § 3-501.2. If such representation is done pursuant to Neb. Ct. R. of Prof. Cond. § 3-501.2(d), the lawyer shall file a “Limited Appearance.” The “Limited Appearance” shall contain (1) a written acceptance by the client setting forth the client’s understanding of the scope, nature, and acceptance of the representation; and (2) a statement that all pleadings, motions, and notices should be sent to the lawyer entering the “Limited Appearance.” When the representation is complete, the lawyer shall file within 10 days a “Certificate of Completion of Limited Representation” with the court. The certificate shall contain a statement that all future pleadings, motions, and notices should be sent directly to the pro se litigant. An order of the court allowing the lawyer to withdraw is not required.

Approved September 9, 2010.

   It is the duty of a pro se party needing an interpreter or counsel for a party needing an interpreter to notify the clerk of the district court 10 days prior to any hearing of the need for an interpreter. It shall be specified whether an interpreter is needed for one of the parties and/or one or more witnesses. It is not permissible for the parties to use a friend or relative as an interpreter. The cost for an interpreter is not assessed to the parties.

Approved September 9, 2010.

   A. Filings.

   (1) Every party in a dissolution case involving minor children shall file a complaint containing all matters required by statute and court rule. The complaint must contain the name and address of the plaintiff and his or her attorney, except that a plaintiff living at an undisclosed location for safety concerns is only required to disclose the county and state of his or her residence and provide an alternative address for the mailing of notice.

   (2) Unless a plaintiff has requested to proceed in forma pauperis, the statutory filing fee must accompany the complaint.

   (3) A properly completed Department of Health Bureau of Vital Statistics form shall be filed in each dissolution of marriage or annulment action, and no decree will be entered unless the form is completed in full.

   (4) Each complaint must be accompanied, when filed, with a fully completed Confidential Party Information Form, including Social Security numbers and a statement of gender and birthdays.

   (5) If the parties have developed a parenting plan, the complaint shall so plead. If there are issues of custody, parenting time, or other matters that are not contested, those items should be pled as well.

   (6) All complaints for dissolution of marriage involving children must be accompanied by an affidavit from the plaintiff’s counsel stating that counsel has provided the plaintiff the Nebraska Parenting Act Information Brochure and has had a copy of the brochure served with summons upon the defendant or has provided a copy of the brochure to a pro se defendant who has submitted a voluntary appearance. For all other defendants, counsel for the plaintiff shall serve a copy of the Nebraska Parenting Act Information Brochure with summons with verification of service contained in the return.

   (7) The court, on its own motion and after hearing, may strike and dismiss at the plaintiff’s costs any complaint for dissolution where there is a failure to comply with any of the rules set forth above.

   B. Property Division and Property Statements.

   (1) When the action involves the division of property by the court or by property settlement, both parties shall file a property statement. The only form accepted shall be the form attached to these rules. See Appendix 1.

   (2) To avoid problems in identification of specific property, the party filing the action shall have 60 days from the date of filing of the complaint to prepare and file a property statement, furnishing a copy to the defendant, if pro se, or to defendant’s attorney of record.

   (3) The defendant must then complete the property statement by adding any additional property and inserting estimates of value. The defendant’s completed property statement must be filed within 90 days after the filing of the complaint and a copy furnished to the plaintiff, if pro se, or to the plaintiff’s attorney of record. Either party may receive an extension of time for filing or completing the property statement upon written motion and good cause shown.

   (4) Failure to timely file a property statement by the plaintiff in accordance with these rules may result in the court’s dismissing the action after notice by the court. Failure of the defendant to timely file a property statement in accordance with these rules may result in the court’s accepting the plaintiff’s property statement and prevent the defendant from disputing the plaintiff’s property statement after notice by the court. Final hearing or a pretrial conference will not be scheduled until one completed property statement is on file.

   (5) When property division is contested at final hearing, the parties shall prepare a combined property statement for use as an exhibit. Either party may receive an extension of time for filing or completing property statements on written motion and good cause shown. Under no circumstances will the court allow more than one property statement to be used, except for the purposes of impeachment.

   (6) Amendments to property statements or values thereon shall not be permitted unless filed at least 10 days before trial, except by agreement of the parties or special permission of the court. Parties will, however, be permitted to correct amounts for bank accounts and debts at the time of trial.

   C. Temporary Hearing.

   (1) In all cases where a party seeks a temporary order relating to custody, parenting time, visitation, or other access, that party shall file and offer a Temporary Child Information Affidavit verified to the extent known or reasonably discoverable by the filing party or parties. Parties responding to such affidavits shall ensure their affidavits conform to the same format. No temporary orders for custody or parenting time will be considered unless such an affidavit is completed and provided to the court.

   (2) The court may require either party to exercise the option to obtain health insurance available through an employer or other organization which may extend coverage to children affected by the decree. Availability of insurance shall be disclosed in the parties’ initial pleadings or affidavits. In the absence of disclosure, the court may presume that full coverage is available through the nondisclosing party. Each party has a continuing duty to disclose available insurance.

   (3) All applications for temporary allowances (child support/ alimony) shall include a fully completed Financial Affidavit for Child Support and a proposed child support calculation using Worksheet 1 of the Nebraska Child Support Guidelines and such other worksheets as the parties’ circumstances may require. Parties responding to such affidavits shall follow the same format. All child support calculations shall be accompanied by the tax returns, current wage stubs, and other information concerning the resources of the parties as required by the Nebraska Child Support Guidelines.

   (4) All Temporary Child Information Affidavits, financial affidavits for child support, and other affidavits offered in support of custody, child support, parenting time, and alimony shall not be filed in the main court file but shall be offered at the temporary hearing, and retained by the court reporter. No affidavits will be e-filed. It is the obligation of attorneys submitting affidavits to redact from the affidavits all irrelevant material and hearsay prior to them being offered.

   (5) All applications for temporary orders shall be heard solely upon affidavits, proposed calculations of child support obligations under the Nebraska Child Support Guidelines, and the arguments of counsel, except ex parte hearings as provided by statute. Initial affidavits shall not be considered unless they are served upon the opposing party 5 working days prior to the temporary hearing. Responsive affidavits shall be served upon the opposing party at least 1 working day prior to hearing. Absent prior approval by the court, no more than 5 affidavits, totaling 20 affidavit pages exclusive of exhibits, will be considered by the court. Temporary orders shall include all matters required by Neb. Rev. Stat. § 43-2930(2).

   D. Ex Parte Custody Orders. No ex parte order shall be entered in a domestic relations case without one or more supporting affidavits from a party or his or her witnesses. Except for good cause shown, no ex parte temporary order shall be entered in a pending case if the opposing party is represented by counsel or a guardian ad litem has been appointed. If an ex parte order is issued, it shall be served upon the opposing party or counsel forthwith, and a temporary hearing shall be held forthwith. Ex parte orders for temporary custody of children require a showing of a substantial risk of harm to the child(ren).

   E. Contested Custody/Guardian Ad Litem. If an issue of custody of minor child(ren) is present, the court may appoint a guardian ad litem for the minor child(ren) involved. The court will order an initial deposit for fees to be paid by the parties into court within 20 days. Initial fees shall be allocated between the parties in the discretion of the court subject to modification and the assessment of additional fees at the time of final hearing. Those claiming indigence may apply to the court with an accompanying affidavit for waiver of such fee assessment.

   F. Notice.

   (1) If temporary support is requested, a notice of hearing shall be served on the other party. If the defendant seeks temporary support, the defendant shall serve notice of hearing on the plaintiff or the plaintiff’s attorney. The moving party shall file a financial affidavit for child support prior to scheduling the date of hearing. The notice shall schedule the hearing not less than 3 days after service.

   (2) In all cases notice of final hearing is required, except when service was completed by publication.

   G. Voluntary Appearance. The voluntary appearance must contain the defendant’s address to which any notices may be mailed and the telephone number where the defendant may be reached. To comply with the statutes, it shall also contain a receipt for a copy of the complaint and the Nebraska Parenting Act Information Brochure. If no receipt is included, the clerk of the district court shall mail a copy of the brochure to the defendant.

   H. Restraining Orders. Temporary restraining orders shall be limited to the three items enumerated in Neb. Rev. Stat. § 42-357.

   I. Parenting Education Courses.

   (1) Parties to a domestic relations proceeding involving child(ren) are required to attend a parenting education program approved by the Administrative Office of the Courts. Attendance of the program by both parties shall be completed within 60 days from the service of process. This requirement includes filings for dissolution of marriage and determination of paternity cases which involve issues of custody, parenting time, visitation, or other access with the child. The court may also require completion of a parenting education course in contempt proceedings to compel compliance with existing orders involving parenting issues, applications to modify decrees of dissolution which involve parenting issues, and applications to modify decrees of paternity which involve parenting issues, unless all issues are resolved by agreement and entry of a stipulated order. Participation in a course may be delayed or waived by the court for good cause shown.

   (2) Failure or refusal by any party to participate in the required course shall not delay the entry of final judgment or order modifying a final judgment in such action by more than 6 months and shall in no case be punished by incarceration.

   (3) Each party shall be responsible for his or her own costs in attending a parenting education course.

   (4) At the request of either party, or based upon screening or recommendation of an attorney or mediator, the parties shall be allowed to attend separate courses or to attend the same course at different times, particularly if child abuse or neglect, domestic intimate partner abuse, or unresolved parental conflict is or has in the past been present in the relationship, or if one party has threatened the other.

   (5) As used in the context of this rule, the term “facilitator” shall mean persons qualified as approved specialized mediators and the term “specialized alternative dispute resolution” shall also be referred to as “facilitation.”

   J. Mediation.

   (1) Except as otherwise provided in Neb. Rev. Stat. § 43-2937(4), when the parties or their counsel are unable to negotiate a parenting plan which satisfies the requirements of the Parenting Act, then the parties are required to meet and confer with a mediator or facilitator to complete the parenting plan and to resolve all issues of child custody, parenting time, visitation, grandparent visitation, other access, or specialized alternative dispute resolution process.

   (2) Prior to commencing an initial mediation session, the mediator shall provide an initial, individual screening session with each party to assess the presence of child abuse or neglect, unresolved parental conflict, domestic intimate partner abuse, or other forms of intimidation or coercion, or a parties’ inability to negotiate freely and make informed decisions. If any of these conditions exists, the mediator shall direct the parties to a specialized alternative dispute resolution facilitator to address the mediator’s concerns.

   (3) When there are allegations of domestic intimate partner abuse or unresolved parental conflict between the parties in any proceeding, or when screening by a mediator or mediation center identifies the presence of child abuse or neglect, unresolved parental conflict, domestic intimate partner abuse, other forms of intimidation or coercion, or the parties’ inability to negotiate and make informed decisions, then the mediation shall not be required; however, the parents shall then be required to meet with a facilitator to initiate a specialized dispute resolution process.

   (4) The specialized alternative dispute resolution process will begin with each parent meeting individually with the qualified facilitator to provide an opportunity for the facilitator to educate each party about the process, obtain informed consent from each party in order to proceed, establish safety protocols, allow support persons to attend sessions, and consider a request to opt out for a cause. Any party may terminate after initial, individual screening sessions and once specialized alternative dispute resolution sessions begin. The primary consideration in each specialized alternative dispute resolution session shall be the safety of each party and each child. The facilitator of the process has a duty to determine whether to proceed in individual sessions or caucus sessions in order to address safety and freedom to negotiate. Joint sessions shall not be used unless, after a safety assessment by the facilitator, all parties agree to a joint session to be conducted at a location where appropriate safety measures can be in place.

   (5) No trial date or other dispositive hearing will be scheduled until attendance at the required parent education seminar has been completed and mediation or another specialized alternative dispute resolution process has been attempted to resolve the necessary issues. Failure or refusal of a party to participate shall not delay entry of the final judgment for more than 6 months. Notwithstanding the language in this rule, issues of domestic violence, domestic intimate partner abuse, or child abuse or neglect, may upon consideration by the trial court, disqualify the parties from parent education, mediation, or the specialized alternative dispute resolution process.

   (6) To the extent that the matters set forth below are not addressed in the Parenting Act notification currently provided by the clerk of the district court to the parties, the clerk of the district court shall provide a statement to the parties that their attendance at an approved parenting education class is mandatory and must be completed within the timeframe specified in this rule. The notice shall also notify the parties and counsel that the parenting plans and issues of child custody, parenting time, visitation, or other access with the child will be referred for mediation or specialized alternative dispute resolution if the parties are unable to arrive at an appropriate and agreed upon plan; that no trial or other seminar has been completed and mediation or specialized alternative dispute resolution to resolve issues of custody, parenting, visitation, or other access has been attempted; that failure or refusal to participate by any party shall not delay entry of a final judgment for more than 6 months; and that issues of domestic violence, domestic intimate partner abuse, or child abuse or neglect may, upon consideration by the trial court, disqualify the parties from parent education, mediation, or the specialized alternative dispute resolution process. This notification shall be included in the initial service packets distributed by the clerk.

   (7) The clerk of the district court shall maintain a list of mediators and facilitators approved by the district court judges and the Administrative Office of the Courts. All mediators and facilitators must meet the standards set by the State of Nebraska for training in order to qualify. All participating mediators and facilitators are allowed to determine their own fees and to provide a copy of the fee schedule to the clerk of the district court.

   (8) Mediators and facilitators shall participate in training to enable them to recognize child abuse or neglect, domestic intimate partner abuse, and unresolved parental conflict and its potential impact upon children and families. Mediators and facilitators shall also comply with all qualification requirements established by the Administrative Office of the Courts and the statutes of the State of Nebraska.

   (9) A judge may refer a case or a portion of a case to mediation or to the specialized alternative dispute resolution process. If such referrals are made by the court, the court will indicate the particular issues that are the subject of the mediation and dispute resolution process.

   (10) If the parties reach an agreement through mediation or its specialized alternative dispute resolution process, the agreement shall be reduced to writing. The mediator or the facilitator shall provide copies of the agreement to the parties and their attorneys, together with a notice informing the parties and their attorneys of their right to express their objections to the written agreement. The notice shall inform the parties and their attorneys that they have 14 days from the date of the notice to notify the mediator or facilitator of any objection. Such objection shall be specific but shall not violate the statutory protections of confidentiality or privilege of the parties, and the written objection shall be specific and shall not be filed with the clerk of the district court or in any way be communicated in violation with the statutory protections of confidentiality or privilege.

   (11) Upon filing of an objection to the mediation, the mediator or facilitator shall schedule a remediation or refacilitation session on the disputed issues identified in the written objection. The mediator or facilitator may charge additional fees for the remediation or refacilitation session. At such time as the agreement becomes final or the remediation session becomes final, counsel or the mediator or facilitator shall send a final copy of the agreement to the trial judge.

   (12) At trial, parties shall not present evidence intended to object to a provision in an approved parenting plan or to show a material change in circumstances subsequent to the filing of the final agreement, unless a written motion asking leave of court to present such evidence at trial, accompanied by a notice of hearing, has been filed with the court and has been heard and granted prior to the trial.

   (13) Evidentiary hearings requesting that mediation be waived shall be heard on affidavits or as otherwise directed by the court.

   K. Final Hearings/Pretrial Conferences. Final hearings in all dissolution cases shall be set by the court for 15 minutes unless the court is notified by either party that 15 minutes is not sufficient. When notified the trial will be excess of 1 hour, the court shall set the matter for pretrial conference and notify the parties of the date and time. Parties shall fully comply with the requirements of the court’s pretrial order. In disputed custody cases, no pretrial shall be scheduled until mediation has been attempted.

   L. Child Support and Other Financial Matters. All parties seeking an order for child support and/or apportionment of expenses for medical support, including provisions for medical, dental and eye care, medical reimbursement, daycare, and extraordinary expenses of the child shall submit a final Financial Affidavit for Child Support and a final proposed calculation of the parties’ child support obligations using Worksheet 1 of the Nebraska Child Support Guidelines and such other worksheets as the parties’ circumstances may require.

   M. Leaving the State. Every temporary or permanent order awarding child custody shall contain language substantially as follows:

   A party exercising custody of a minor child is ordered not to move the child outside the State of Nebraska. Anyone intending such a move must first (1) make written application to the court, including proposed changes in the visitation schedule and costs of transportation; (2) obtain service of the application and give notice of the hearing to the other party; and (3) establish that the move is in the child’s best interests.

   N. Termination of Representation and Postjudgment Notices. Employment of attorneys shall be deemed to have terminated after judgment. Except for motions for new trial, it is not sufficient to serve a party’s attorney for postjudgment proceedings. Complaints for modification of a child support decree or custody decree require the issuance and service of summons as in a new action.

   O. Social Security Numbers and Account Numbers. Social Security numbers should not be contained in any pleadings filed in the court file. No pleading or other document filed with the court and no exhibit used at trial shall contain a complete account number for any financial accounts or debts of any party. The same shall be redacted to the extent necessary to protect the information from misuse. By agreement of the parties, or as directed by the court, such information shall be identified in such a manner so the parties, counsel, and court can distinguish information between similar accounts or debts.

Approved September 9, 2010.

   These rules for the district court of the Tenth Judicial District shall become effective upon approval by the Supreme Court and publication in the Nebraska Advance Sheets and shall supplement the Uniform District Court Rules of Practice and Procedure adopted by the Supreme Court.

   Two terms of court will be held in each district court in the Tenth Judicial District. The Spring Term will commence on a date in March and the Fall Term will commence on a date in August or September, as determined by the court. On the opening day of the term, a docket call may be held to set cases for trial or further hearing. Counsel will be notified of the date and time for the docket call in each county and will be required to attend the same unless excused in writing by the court.

   In addition to the requirements set forth in Neb. Rev. Stat. § 25-1148 (Reissue 2008), a motion for continuance shall set forth whether the opposing party has an objection. If the opposing party does not object to the continuance, the party filing the motion shall be responsible for arranging, as soon as practical, a new date and time with all opposing parties and the court. If the opposing party does object, it is the responsibility of the party filing the motion to set the motion for hearing. Except for exigent circumstances, a motion for a continuance shall be made at least 3 working days prior to the hearing for which the continuance is requested.

   Stipulations for continuances for hearings scheduled for more than 1 hour are subject to the approval of the court. The court will consider the reasons given, the progression schedule, and the availability of an alternate date. All orders for a continuance of a hearing will specify the date and time of the rescheduled hearing.

   It shall be the duty of the party directed by the court to promptly prepare a proper journal entry, order, judgment, or decree. The proposed journal entry shall be submitted to opposing counsel or party for approval as to form and content and then submitted to the court for its signature within 10 days after the entry of the decision or order. Should a party or attorney object to the form or content of the journal entry, he or she should notify the court immediately of any requested change. The court will determine the final language of the order.  As to all journal entries which constitute a judgment within the meaning of Neb. Rev. Stat. § 25-1301.01 (Reissue 2008), the clerk shall file a certificate in the court file showing that a notice has been mailed to all parties of record or their attorneys. The clerk shall refuse to issue an execution, order of the sale, fee bill, or other final process founded upon such decision or order in any case until the same is properly journalized and signed.

   A. Pro se litigants may submit hand-written pleadings. Such pleadings shall be in ink and shall not contain erasures or interlineations materially defacing the pleading.

   B. All pleadings shall have a 1½-inch margin at the top of each page, and the text of the pleading shall be 1½ or double-spaced.

   C. Pleadings submitted by a pro se party shall contain the name, address, and telephone number of the pro se party offering the pleading.

   D. After filing of the initial pleading, copies of all other pleadings shall be served upon all parties of record or if represented, the attorney. Every pleading shall contain a proof of service.

   E. Proof of Service of Papers: Except as otherwise provided by statute, or by order of the court, proof of service of any pleading, motion, or other paper required to be served shall be made by: (1) a certificate by or on behalf of counsel or the pro se party showing the name and address of any party on whom service was had; (2) written receipt of the opposing party or his or her attorney; (3) affidavit of the person making service; (4) return of the county sheriff; or (5) other proof satisfactory to the court. Failure to make proof of service will not affect the validity of the service, and the court may at any time allow the proof of service to be amended or supplied unless it clearly appears that to do so would result in material prejudice to substantial rights of any party.

   F. Additional Parties: In no case, after the complaint or other pleading has been filed, shall any party be added to such action without first obtaining an order of the court granting such leave.

   G. Amendments: Other amendments to pleadings made after the answer is filed may be allowed within the discretion of the court. In no instance shall an amendment of a pleading be made by erasure, substitution, interlineations, or otherwise except by leave of the court. A party who has obtained leave to amend a pleading but fails to do so within the time allowed shall be considered as electing to abide by the former pleading. In no case of amendment shall the original pleading be withdrawn from the file or obliterated.

   H. Pleadings in Default: A party in default of a pleading may, before judgment, on motion, notice, and good cause shown, file the same within such time and upon such terms as the court shall allow.

   I. Costs: Except for criminal cases and proceedings wherein a poverty affidavit is filed and approved by the court, court costs shall be paid when actions are commenced and thereafter, when liability for additional costs accrue. An attorney is responsible to the clerk for costs incurred at the attorney’s request and shall immediately pay the same upon receipt of the clerk’s statement of such fees.

   A. No matter will be heard telephonically unless consent is obtained from the court.

   B. Telephonic conferences requested by the moving party shall be arranged prior to the filing of the motion, and the notice of hearing shall clearly state that the hearing will be held by telephonic conference call. Telephonic conferences requested by a party other than the moving party shall be arranged 3 days prior to the hearing, and notice shall be filed by the party requesting the hearing, together with proof of service on all opposing parties.

   C. Telephonic hearings involving evidentiary matters require a verbatim record and exhibits shall be provided to the court and opposing parties at least 24 hours prior to the hearing.

   D. Parties to a hearing not involving evidentiary matters are deemed to have waived a verbatim record unless request is made in writing prior to the commencement of the hearing.

   E. Initiation of Telephonic Conference Call:

   1. The party requesting the telephonic conference call shall be responsible for initiating the call and shall provide for all expenses of the call.

   2. If the court determines that the sound quality or volume is insufficient, the court will require the hearing to be continued and reschedule the hearing with parties and counsel appearing.

   A. Availability of Counsel During Jury Deliberations: Counsel and parties shall be available on such notice, as ordered by the court during jury deliberations. In civil cases, in the event of a verdict or a question by the jury, parties and counsel shall be present within 15 minutes of notification. Failure of a party or counsel to appear will constitute a waiver of appearance. The clerk or bailiff should be kept informed of where counsel will be at all times when the jury is deliberating, unless excused by the court.

   B. Absence of Counsel on Receipt of Verdict: In civil cases, the court will not deem it necessary that any party or any counsel be present or represented when the jury returns to the courtroom with its verdict. 

   All correspondence with the court regarding pending litigation shall refer to the case by case title, number, and county, and a copy of the correspondence shall be mailed to opposing counsel or party if not represented. If the correspondence requests the court’s transmittal of documents, a pre-addressed, stamped envelope shall be enclosed by the requesting party or counsel. 

   A. An attorney, title examiner, or bonded abstractor shall be permitted to withdraw an inactive civil file from the custody of the clerk. The clerk shall take a receipt from the person removing the same, giving the title of the case on the appearance docket, number of the case, the date when taken, and the date on which the file will be returned. The file shall be returned forthwith upon the filing of any pleading in the case or within 3 days after withdrawal, whichever is earlier. Failure to return a file promptly, in accordance with the receipt, will result in suspension of the right to withdraw files.

   B. No person shall be granted permission to withdraw original bonds, or files pertaining to inquests, insanity proceedings, or mental health proceedings.

   C. No active file may be withdrawn without specific written approval of the district judge or clerk of the court.

   D. No criminal file may be withdrawn at any time regardless of whether the case is pending or completed.

   A. Pursuant to the discovery rules of the Supreme Court, depositions will not be filed with the clerk of the court, but delivered by the reporter to the possession of the attorney taking such deposition. The reporter shall, however, file with the clerk of the court a certificate confirming that such deposition was taken, naming the witness, the date and place of the deposition, the person to whom the deposition was delivered, the date of delivery, and the cost of the deposition. The certificate shall be filed prior to the trial or other disposition of the case.

   B. When it becomes necessary or appropriate to introduce any pleading from another case into evidence, such shall be received into evidence by the court only upon the condition that copies be substituted for the originals so offered. Such copies must be of a permanent type and of a quality acceptable to the reporter for use in any record on appeal.

   C. At no time shall any original pleading or filing be incorporated into any transcript or bill of exceptions, but this shall at all times remain in the custody of the clerk of the court unless otherwise ordered by the court.

   D. Interrogatories and requests for admission shall not be filed as pleadings in any case, but may be submitted as exhibits to motions to compel or other motions addressed to the performance or limitation of such discovery.

   E. Interrogatories or requests for admission shall have sufficient space below the interrogatory or request for the responding party to answer. Answers to interrogatories or requests for admission shall be typed with the answers following the question. If there is insufficient space, or if preferred by the responding party, the responding party may simply retype all of the questions and provide the answers in the appropriate places within the new document.

   F. Requests for relief under the discovery rules of the Supreme Court must be supported by a representation, by the moving party, that sincere efforts have been made to resolve differences before seeking the relief.

   A. The following schedule denotes the number of days prior to a date of hearing a notice of such hearing shall be served upon a party to constitute prima facie proof of “reasonable notice” (unless a longer period is required by a specific statute):

   1. Five (5) working days for all temporary hearings and restraining orders in dissolution actions, motions in civil actions, and all motions or arraignments in criminal actions;

   2. Thirty (30) calendar days from date of service for contempt actions;

   3. Fourteen (14) calendar days for release of liens, consent to adoption, modifications, final hearings in dissolution actions, pretrials in civil actions, and other non-jury civil actions.

Where notice is given by U.S. mail rather than by personal service, add 1 day for addressee in the same city, 2 days for addressee in state but outside the city, and 3 days for addressee outside state. The court may approve notices served or mailed not meeting the above guideline requirements where the court determines from the facts that “reasonable notice” has been given. Period of service will be considered waived when party to be served appears in person or by attorney without making specific objection to the period of service.

   B. When directed by the court, the clerk shall prepare a list of pending civil cases in which no action has been taken for 4 months. An order may then be entered requiring that cause be shown, within 30 days from entry of order, as to why said case should not be dismissed for lack of prosecution. Notice of said order shall be sent to all attorneys of record and pro se parties. If good cause is not shown, such cases shall be dismissed.

   In addition to the requirements of the Uniform District Court Rules, counsel may be permitted to withdraw from a matter upon filing a motion which:

   A. Recites a reason for withdrawal and that the motion to withdraw has been served upon the client and all parties of record;

   B. Provides the client's last known mailing address; and

   C. Recites whether there is a hearing currently scheduled in the case.

   All stipulations shall be made in open court and recorded by the reporter or reduced to writing and signed by the parties or counsel and filed with the court.

   A. Ordinary business attire for male attorneys shall include a jacket and tie.  Ordinary business attire for female attorneys shall include a jacket.

   B. Absent court permission, no person shall use a computer, recording device, photo imaging device, or a cellular telephone for any purpose, including the taking of pictures in the courtroom. Computers, recording devices, cameras, and cellular telephones are subject to confiscation for violation of the rule.

   C. Upon order of the court, any person may be subjected to a search of his or her person for possession of computers, recording devices, cellular telephones, and photo imaging devices.

   D. Litigants, witnesses, counsel, and spectators shall not mingle or converse with jurors.

   Parties shall submit briefs in support of, or in opposition to, a motion for summary judgment or motion to dismiss. Briefs shall identify the elements of each cause of action and shall contain a separate statement of each material fact with reference to the specific document, (by page and line) establishing that fact. The moving party shall provide opposing counsel its brief 3 days prior to the hearing. Opposing counsel shall have such time to respond as authorized by the court at the time of the hearing.

   It is the duty of a pro se party needing an interpreter or counsel for a party needing an interpreter to notify the clerk of the district court 10 days prior to any hearing of the need for an interpreter. It shall be specified whether an interpreter is needed for one of the parties and/or one or more witnesses. It is not permissible for the parties to use a friend or relative as an interpreter. The cost for an interpreter is not assessed to the parties.

   Persons who are not practicing attorneys may use a county law library only with court approval. No books shall be removed from a library unless signed for in the office of the clerk or other custodian. All books must be returned to the library within 1 week from the date taken and returned to their proper places by library users. The bar association of each county shall select one or more of its members to advise and consult with the court on matters pertaining to library maintenance and regulation for that county. Additional library rules may be ordered by the court and conspicuously posted in the office of the clerk and library. 

   A. FILINGS:

   1. Every party in a dissolution case involving minor children shall file a complaint containing all matters required by statute and court rule. The complaint must contain the name and address of the plaintiff and his or her attorney, except that a plaintiff living at an undisclosed location for safety concerns is only required to disclose the county and state of his or her residence and provide an alternative address for the mailing of notice.

   2. Unless a plaintiff has requested to proceed in forma pauperis, the statutory filing fee must accompany the complaint.

   3. A properly completed Department of Health Bureau of Vital Statistics form shall be filed in each dissolution of marriage or annulment action, and no decree will be entered unless the form is completed in full.

   4. Each complaint must be accompanied when filed with a fully completed Confidential Party Information Form, including Social Security numbers, a statement of gender, and birthdays.

   5. If the parties have developed a parenting plan, the complaint shall so plead. Alternatively, if there are issues of custody, parenting time, or other matters that are not contested, those items should be pled as well.

   6. All complaints for dissolution of marriage involving children must be accompanied by an affidavit from plaintiff’s counsel stating that counsel has provided the plaintiff the Nebraska Parenting Act Information Brochure and has had a copy of the brochure served with summons upon the defendant or has provided a copy of the brochure to a pro se defendant who has submitted a voluntary appearance. For all other defendants, counsel for plaintiff shall serve a copy of the Nebraska Parenting Act Information Brochure with summons with verification of service contained in the return.

   7. The court, on its own motion, and after hearing, may strike and dismiss at plaintiff’s costs, any complaint for dissolution where there is a failure to comply with any of the rules set forth above.

   B. PROPERTY DIVISION AND PROPERTY STATEMENTS:

   1. When the action involves the division of property by the court or by property settlement, both parties shall file a property statement. The only form accepted shall be the form attached to these rules. See Appendix #1.

   2. To avoid problems in identification of specific property, the party filing the action shall have 60 days from the date of filing of the complaint to prepare and file a property statement, furnishing a copy to the defendant, if pro se, or to defendant’s attorney of record.

   3. The defendant must then complete the property statement by adding any additional property and inserting estimates of value. The defendant’s completed property statement must be filed within 30 days after the plaintiff’s property statement, and a copy furnished to plaintiff, if pro se, or to the plaintiff’s attorney of record. Either party may receive an extension of time for filing or completing a property statement upon written motion and good cause shown.

   4. Failure to timely file a property statement by the plaintiff in accordance with these rules may result in the court’s dismissing the action after notice by the court. Failure of the defendant to timely file a property statement in accordance with these rules may result in the court’s accepting the plaintiff’s property statement and prevent the defendant from disputing the plaintiff’s property statement after notice by the court. Final hearing or a pretrial conference will not be scheduled until one completed property statement is on file.

   5. When property division is contested at final hearing, the parties shall prepare a combined property statement for use as an exhibit. Under no circumstances will the court allow more than one property statement to be used, except for purposes of impeachment.

   6. Amendments to property statements or values thereon shall not be used unless filed at least 10 days before trial, except by agreement of the parties or special permission of the court. Parties will, however, be permitted to correct amounts for bank accounts and debts at the time of trial.

   C. TEMPORARY HEARING:

   1. In all cases where a party seeks a temporary order relating to custody, parenting time, visitation, or other access, that party shall file and offer a Temporary Child Information Affidavit verified to the extent known or reasonably discoverable by the filing party or parties. Parties responding to such affidavits shall ensure that their affidavits conform to the same format. No temporary orders for custody or parenting time will be considered unless such an affidavit is completed and provided to the court.

   2. Affidavits offered at the temporary hearing must be typed and comport with Rule 10-4(B). Affidavits offered by pro se parties must comport with Rule 10-4(A).

   3. The court may require either party to exercise the option to obtain health insurance available through an employer or other organization which may extend coverage to children affected by the decree. Availability of insurance shall be disclosed in the parties’ affidavits. In the absence of disclosure, the court may presume that full coverage is available through the nondisclosing party. Each party has a continuing duty to disclose available insurance.

   4. All applications for temporary allowances (child support/ alimony) shall include a fully completed Financial Affidavit for Child Support and a proposed child support calculation using worksheet 1 of the Nebraska Child Support Guidelines and such other worksheets as the parties’ circumstances may require. Parties responding to such affidavits shall follow the same format. All child support calculations shall be accompanied by the tax returns, current wage stubs, and other information concerning the resources of the parties as required by the Nebraska Child Support Guidelines.

   5. All Temporary Child Information Affidavits, financial affidavits for child support, and other affidavits offered in support of custody, child support, parenting time, and alimony shall not be filed in the main court file but shall be offered at the temporary hearing and retained by the court reporter. No affidavits will be e-filed. It is the obligation of attorneys submitting affidavits to redact from the affidavits all irrelevant material and hearsay prior to them being offered.

   6. All applications for temporary orders shall be heard solely upon affidavits, proposed calculations of child support obligations under the Nebraska Child Support Guidelines, and the arguments of counsel, except ex parte hearings as provided by statute. Initial affidavits shall NOT be considered unless they are served upon the opposing party during the business day, 2 business days before the hearing (i.e., for a temporary hearing on Monday, the affidavits need to be served during the business day on Thursday). If responsive affidavits are required, they shall be received by the court within 3 business days after the hearing. Absent prior approval by the court and notwithstanding the Temporary Child Information Affidavit, no more than 20 affidavit pages, exclusive of exhibits, will be considered by the court. Temporary orders shall include all matters required by Neb. Rev. Stat. § 43-2930(2).

   D. EX PARTE CUSTODY ORDER:

   No ex parte order shall be entered in a domestic relations case without one or more supporting affidavits from a party or his or her witnesses. Except for good cause shown, no ex parte temporary order shall be entered in a pending case if the opposing party is represented by counsel or a guardian ad litem has been appointed. If an ex parte order is issued, it shall be served upon the opposing party or counsel forthwith, and a temporary hearing shall be held forthwith. Ex parte orders for temporary custody of children require a showing of a substantial risk of harm to the child(ren).

   E. CONTESTED CUSTODY/GUARDIAN AD LITEM:

   If an issue of custody of minor children is present, the court may appoint a guardian ad litem for the minor child(ren) involved. The court will order an initial deposit for fees to be paid by the parties into court. Initial fees shall be allocated between the parties in the discretion of the court, subject to modification and the assessment of additional fees at the time of final hearing. Those claiming indigence may apply to the court with accompanying affidavit for waiver of such fee assessment.

   F. NOTICE:

   In all cases, except where service was obtained by publication and no answer has been filed, notice of final hearing is required to both parties.

   G. VOLUNTARY APPEARANCE:

   1. A voluntary appearance must be notarized.

   2. The voluntary appearance must contain an address to which any notices may be mailed to the defendant and the telephone number where the defendant may be reached. To comply with the statutes, it shall also contain a receipt for a copy of the complaint and Nebraska Parenting Act Information Brochure. If no receipt is included, the clerk of the district court shall mail a copy of the brochure to the defendant.

   H. RESTRAINING ORDERS:

   Temporary restraining orders shall be limited to the three items enumerated in Neb. Rev. Stat. § 42-357.

   I. PARENTING EDUCATION COURSES:

   1. Parties to a domestic relations proceeding involving children are required to attend a parenting education program approved by the Administrative Office of the Courts. Attendance at the program by both parties shall be completed within 60 days from the service of process. This requirement includes filings for dissolution of marriage and determination of paternity cases which involve issues of custody, parenting time, visitation, or other access with the child. Participation in a course may be delayed or waived by the court for good cause shown.

   2. Failure or refusal by any party to participate in the required course shall not delay the entry of a final judgment or order modifying a final judgment in such action by more than 6 months and shall in no case be punished by incarceration.

   3. Each party shall be responsible for his or her own costs in attending a parenting education course.

   4. At the request of either party, or based upon screening or recommendation of an attorney or mediator, the parties shall be allowed to attend separate courses or to attend the same course at different times, particularly if child abuse or neglect, domestic intimate partner abuse, or unresolved parental conflict is or has in the past been present in the relationship, or if one party has threatened the other.

   J. MEDIATION:

   1. Except as otherwise provided in Neb. Rev. Stat. § 43-2937(4), when the parties are unable to negotiate a parenting plan which satisfies the requirements of the Nebraska Parenting Act, then the parties are required to meet and confer with a mediator or facilitator to complete the parenting plan and to resolve all issues of child custody, parenting time, visitation, grandparent visitation, other access, or any other issues relating to the children that might be susceptible to mediation or the specialized alternative dispute resolution process.

   2. Prior to commencing an initial mediation session, the mediator shall provide an initial, individual screening session with each party to assess the presence of child abuse or neglect, unresolved parental conflict, domestic intimate partner abuse, or other forms of intimidation or coercion, or a parties’ inability to negotiate freely and make informed decisions. If any of these conditions exists, the mediator shall direct the parties to a specialized alternative dispute resolution facilitator to address the mediator’s concerns.

   3. When there are allegations of domestic intimate partner abuse or unresolved parental conflict between the parties in any proceeding, or when screening by a mediator or mediation center identifies the presence of child abuse or neglect, unresolved parental conflict, domestic intimate partner abuse, other forms of intimidation or coercion, or the parties’ inability to negotiate and make informed decisions, then the mediation shall not be required; however, the parents shall then be required to meet with a facilitator to initiate a specialized dispute resolution process.

   4. The specialized alternative dispute resolution process will begin with each parent meeting individually with the qualified facilitator to provide an opportunity for the facilitator to educate each party about the process, obtain informed consent from each party in order to proceed, establish safety protocols, allow support persons to attend sessions, and consider a request to opt out for a cause. Any party may terminate after initial individual screening sessions and one specialized alternative dispute resolution session. The primary consideration in each specialized alternative dispute resolution session shall be the safety of each party and each child. The facilitator of the process has a duty to determine whether to proceed in individual sessions or caucus sessions in order to address safety and freedom to negotiate. Joint sessions shall not be used unless, after a safety assessment by the facilitator, all parties agree to a joint session to be conducted at a location where appropriate safety measures can be in place.

   5. No trial date or other dispositive hearing will be scheduled until attendance at the required parent education seminar has been completed and mediation or other specialized alternative dispute resolution process has been attempted to resolve the necessary issues. Failure or refusal of a party to participate shall not delay entry of the final judgment for more than 6 months. Notwithstanding the language in this rule, issues of domestic violence, domestic intimate partner abuse, or child abuse or neglect may, upon consideration by the trial court, disqualify the parties from parent education, mediation, or the specialized alternative dispute resolution process.

   6. To the extent that the matters set forth below are not addressed in the Nebraska Parenting Act notification currently provided by the clerk of the district court to the parties, the clerk of the district court shall provide a statement to the parties that their attendance at an approved parenting education class is mandatory and must be completed within the timeframe specified in this rule. The notice shall also notify the parties and counsel that the parenting plans and issues of child custody, parenting time, visitation, or other access with the child will be referred for mediation or specialized alternative dispute resolution if the parties are unable to arrive an appropriate and agreed upon plan; that no trial or other dispositive hearing will be scheduled until attendance at the required parent education seminar has been completed and mediation or specialized alternative dispute resolution to resolve issues of custody, parenting, visitation, or other access has been attempted; that failure or refusal to participate by a party shall not delay entry of a final judgment for more than 6 months; that issues of domestic violence, domestic intimate partner abuse, or child abuse or neglect may, upon consideration by the trial court, disqualify the parties from parent education, mediation, or the specialized alternative dispute resolution process. This notification shall be included in the initial service packets distributed by the clerk.

   7. The clerk of the district court shall maintain a list of mediators and facilitators approved by the district court judges and the Administrative Office of the Courts. All mediators and facilitators must meet the standards set by the State of Nebraska for training in order to qualify. All participating mediators and facilitators are allowed to determine their own fees and to provide a copy of the fee schedule to the clerk of the district court.

   8. Mediators and facilitators shall participate in training to enable them to recognize child abuse or neglect, domestic intimate partner abuse, and unresolved parental conflict and its potential impact upon children and families. Mediators and facilitators shall also comply with all qualification requirements established by the Administrative Office of the Courts and the statutes of the State of Nebraska.

   9. A judge may refer a case or a portion of a case to mediation or to the specialized alternative dispute resolution process. If such referrals are made by the court, the court will indicate the particular issues that are the subject of the mediation and dispute resolution process.

   10. If the parties reach an agreement through mediation or its specialized alternative dispute resolution process, the agreement shall be reduced to writing. The mediator or the facilitator shall provide copies of the agreement to the parties and their attorneys, together with a notice informing the parties and their attorneys of their right to express their objections to the written agreement. The notice shall inform the parties and their attorneys that they have 14 days from the date of the notice to notify the mediator or facilitator of any objections. Such objection shall be specific but shall not violate the statutory protections of confidentiality or privilege of the parties and the written objection shall be specific and shall not be filed with the clerk of the district court or in any way be communicated in violation with the statutory protections of confidentiality or privilege.

   11. Upon filing of an objection, the mediator or facilitator shall schedule a remediation or refacilitation session on the disputed issues identified in the written objection. The mediator or facilitator may charge additional fees for the remediation or refacilitation session. At such time as the agreement becomes final or the remediation session becomes final, counsel or the mediator or facilitator shall send a final copy of the agreement to the trial judge.

   12. At trial, parties shall not present evidence intended to object to a provision in an approved parenting plan or to show a material change in circumstance subsequent to the filing of the final agreement, unless a written motion asking leave of court to present such evidence at trial, accompanied by a notice of hearing, has been filed with the court and has been heard and granted prior to the trial.

   13. All evidentiary hearings requesting that mediation be waived shall be heard on affidavits only.

   K. FINAL HEARINGS/PRETRIAL CONFERENCES:

   Final hearings in all dissolution cases shall be set by the court for 15 minutes unless the court is notified by either party that 15 minutes is not sufficient. When notified that the trial will be in excess of 1 hour, the matter will be set for a pretrial conference. Parties shall fully comply with the requirements of the court’s pretrial order. In disputed custody cases, no pretrial shall be scheduled until mediation has been attempted.

   L. CHILD SUPPORT AND OTHER FINANCIAL MATTERS:

   All parties seeking an order for child support and/or apportionment of expenses for medical support, including provisions for medical, dental and eye care, medical reimbursement, daycare, and extraordinary expenses of the child shall submit a Final Financial Affidavit For Child Support and a final proposed calculation of the parties’ child support obligations using worksheet 1 of the Nebraska Child Support Guidelines and such other worksheets as the parties’ circumstances may require.

   M. LEAVING THE STATE:

   Every temporary or permanent order awarding child custody shall contain language substantially as follows:

   A party exercising custody of a minor child is ordered not to move the child outside the State of Nebraska. Anyone intending such a move must first:

   1. Make written application to the court, including proposed changes in the visitation schedule and costs of transportation;

   2. Obtain service of the application and give notice of the hearing to the other party; and

   3. Establish that the move is in the child’s best interests.

   N. NOTICE OF MOTIONS OR MODIFICATIONS AND JUDGMENT:

   Employment of attorneys shall be deemed to have terminated after judgment.  Except for motions for new trial, it is not sufficient to serve a party’s attorney for postjudgment proceedings. Complaints for modification of a child support decree or custody decree require the issuance and service of summons as in a new action.

   O. SOCIAL SECURITY NUMBERS AND ACCOUNT NUMBERS:

   Social Security numbers should not be contained in any pleading filed in the court file. No pleading or other document filed with the court and no exhibit used at trial shall contain a complete account number for any financial accounts or debts of any party. The same shall be redacted to the extent necessary to protect the information from misuse. By agreement of the parties, or as directed by the court, such information shall be identified in such a manner so the parties, counsel, and court can distinguish information between similar accounts or debts.

   All lawyers providing limited scope representation to a client shall do so pursuant to the terms of Neb. Ct. R. of Prof. Cond. § 3-501.2. If such representation is done pursuant to Neb. Ct. R. of Prof. Cond. § 3‑501.2(d), the lawyer shall file a “Limited Appearance.” The “Limited Appearance” shall contain: (1) a written acceptance by the client setting forth the client’s understanding of the scope, nature, and acceptance of the representation and (2) a statement that all pleadings, motions, and notices should be sent to the lawyer entering the “Limited Appearance.” When the representation is complete, the lawyer shall file within 10 days a “Certificate of Completion of Limited Representation” with the court. The certificate shall contain a statement that all future pleadings, motions, and notices should be sent directly to the pro se litigant. An order of the court allowing the lawyer to withdraw is not required. 

   An Information in a criminal case shall have noted thereon the statute under which each count of the complaint is brought, the class of offense, and the penalty for the same. Except for good cause shown, an Information shall be filed within 30 calendar days after bind over from county court or the case will be dismissed without prejudice.

   It is the duty of defense counsel to notify the clerk of the district court 10 days prior to any hearing of the need for an interpreter for the defendant or any of its witnesses. If the county attorney needs an interpreter for its witnesses, it shall notify the clerk of the district court within 10 days prior to any hearing. 

   Except as otherwise provided by law or order of the court, all motions shall be in writing and filed within 10 days of oral notification of a party’s intent to file the same. In the absence of such oral notification the motion shall be filed within 5 working days of the requested hearing, unless otherwise ordered by the court.

   At the time any such motion is filed, counsel shall obtain a hearing date from the bailiff and provide a written notice of hearing, unless the same is noted in a previous order. A notice of hearing shall be required for each such motion, even if additional motions are scheduled for hearing in the same case. The notice of hearing shall be mailed by regular U.S. mail, postage prepaid, or personally delivered to opposing counsel or a pro se defendant at least 5 working days prior to said hearing.

   Hearings on motions to suppress evidence and matters requiring more than 5 days notice shall be set as designated by the court, and a notice of hearing shall be provided to counsel or a pro se defendant as set forth above.

   In criminal cases, journalizing shall always be the responsibility of the county attorney.

   The court shall be advised of jury cases ready for trial at each criminal pretrial session held by the court. Cases will be prioritized based on speedy trial considerations and whether or not the defendant is incarcerated.

   No criminal case set for trial will be continued unless a written motion for a continuance, supported by sufficient affidavits, is filed by the moving party. If the motion is based upon the want of testimony by an absent witness, the affidavit shall state the substance of the witness’ testimony and set forth efforts that have been made to secure such testimony. 

   Court-appointed counsel shall be paid an hourly fee established by the court and kept on file with the clerk. Before court-appointed counsel’s claim for payment is allowed, such attorney shall file a written motion for fees, positively verified, itemizing the time and expenses spent on the case. All motions for fees shall be transmitted to and reviewed by the county attorney. The county attorney shall note any objection to the claim and initial the claim and forward it to the court. If the county attorney has no objection, he or she shall initial the claim and forward it to the court. 

   These rules for the district court of the 11th Judicial District shall become effective upon approval by the Supreme Court and publication in the Nebraska Advance Sheets and shall supplement the Uniform District Court Rules of Practice and Procedure adopted by the Supreme Court.

Adopted effective November 3, 1995. 

   There shall be one term of court in each county. The term shall begin on the first work day in January and end on the last work day of December.

Adopted effective November 3, 1995

   All correspondence with the court shall include the name, number and county of the case involved. A copy of all correspondence shall be sent to opposing parties. If the correspondence entails the transmittal of pleadings, orders, judgments, or journal entries, pre-addressed stamped envelopes sufficient for that purpose shall be enclosed.

Adopted effective November 3, 1995.

   A. CASE PROGRESSION STANDARDS: In any case where the court has determined that there is a lack of sufficient prosecution under the case progression guidelines established by the Nebraska Supreme Court, or such shorter period as may be appropriate under the circumstances, the court may enter an order to show cause why the case should not be dismissed, or the court may, after notice and opportunity for a hearing, enter a dismissal of the case. Any order of dismissal may be set aside within the term upon motion, notice, and good cause shown.

   B. AUTOMATIC CASE PROGRESSION: When a civil jury case is first filed with the Clerk of the District Court, it shall be immediately given to the assigned judge. The judge shall issue an order setting out the date for pleadings to be complete not inconsistent with the law, a date for completion of discovery, a date for a pretrial conference, and a proposed trial date. These dates shall be binding upon all parties to the litigation unless one or more of them, by motion and upon good cause being shown, but without hearing, request that the case not be handled in the expedited manner as set out in this rule.

   C. PRETRIAL AND POST-TRIAL MOTIONS:

   (i) Unless otherwise ordered by the court, all pretrial and posttrial motions or similar filings which require a hearing shall be filed at least three days prior to the hearing. The party or counsel so filing shall obtain a date for the hearing at the next available motion day, or sooner if necessary. The party or counsel shall file a notice of hearing with any such pleading or motion which requires a hearing. The notice of hearing may be placed on the pleading or motion itself and, in any event, is to be served on opposing parties with the pleading or motion. Any pleading or motion that is filed without a date for hearing being set or without a notice of hearing having been obtained shall be filed by the clerk and immediately brought to the attention of the Court. The Court may, on its own motion after hearing, overrule the motion or strike the pleading from the file for failure to comply with this rule or set the matter for hearing, upon proper notice, and/or assess sanctions, including attorney fees, against the party in violation of the rule. The use of ordinary mail for notice of hearing shall constitute sufficient compliance with this rule except as may be otherwise required by statute or Supreme Court rule.

   (ii) Any party required to plead or plead further after a ruling on a special appearance, demurrer or motion, shall do so within ten (10) days. If a party chooses to answer, the answer shall be filed within twenty (20) days.

   (iii) All hearings on all motions or pleadings may be heard by telephone conference. The party wishing to set a motion by telephone conference shall arrange the time for the conference and shall initiate the conference call and be responsible for the expense of the call. No oral testimony may be adduced during any telephone conference. All evidence to be adduced during any telephone conference shall be submitted to the court and to opposing counsel no less than 5 days prior to the hearing. Any such telephone proceeding held pursuant to Neb. Rev. Stat. § 24-734 (Reissue 1989) shall not exclude the general public except as provided by law or Supreme Court rule.

   (iv) Motion days shall be set for the various counties by the court. On any motion day, each judge will hear any case regardless of to whom the case is assigned. However, the judge will not hear final contested divorces, contested modification of divorce decrees, sentencings, preliminary criminal motions except arraignments, or any final contested matter unless it is assigned to that particular judge.

   (v) The court shall be available to sign any orders, judgments, journal entries, or to consider any other matter during recess in any trial or at any other time requested by counsel.

   (vi) It shall be the duty of the counsel for the side in whose favor a decision is rendered or order is made to promptly prepare a journal entry or order. The proposed journal entry or order shall be delivered for signature within ten (10) days. Opposing counsel or party shall be mailed a copy of the proposed journal entry or order. If there is an objection to the proposed journal entry or order, it shall be the duty of the objecting party to contact the court and state the objection. The court will then determine whether to sign the journal entry or order or require preparation of a new one. It shall be the duty of the counsel for the party in whose favor a judgment or decree has been entered to immediately notify the Clerk of the District Court of such judgment or decree. No file may be removed from the courthouse until the Clerk has been notified of the judgment or decree. Upon such notification the file may be checked out to counsel to allow preparation of the judgment or decree.

   D. CONTINUANCES: Motions for continuances shall comply with Nebraska Statutes and be set for hearing prior to the original date for trial of the matter sought to be continued. Further, all motions for continuance shall be submitted to opposing counsel prior to any hearing. Opposing counsel shall indicate on the motion that there is no objection to the motion, that the opposing counsel objects to the motion but agrees to submit the motion without argument, or objects to the motion. If opposing counsel objects to the motion it shall be set for hearing as any other motion. If there is no objection or if opposing counsel agrees to submit the motion without argument, the court will review the motion without further hearing. The decision to grant or deny a motion for continuance rests finally with the court.

   E. DISCOVERY: No motion concerning discovery will be heard by the court unless the moving party certifies that opposing counsel has been contracted and a good faith effort has been made to resolve any dispute in regard to discovery. The certification shall include copies of any correspondence between counsel in regard to the discovery dispute.  Depositions, interrogatories, and requests for production, and answers thereto, shall not be filed with any motion to compel discovery; instead, the necessary documents to establish the right to compel discovery shall be delivered to the court reporter at the hearing for marking as exhibits.

   F. MOTIONS FOR SUMMARY JUDGMENT: Counsel for each party shall submit a brief in support of or in opposition to the motion for summary judgment. The briefs shall contain a reference to the evidence submitted specifically noting the discovery response or portion of the depositions by line and page that is relied upon by that party in regard to whether or not there are material issues of fact to be decided by the trier of fact.

Adopted effective November 3, 1995; Rule 11-3C(iii) and 11-3D amended effective January 16, 2002; Rule 11-3E and 11-3F adopted effective January 16, 2002; Rule 11-3E approved April 25, 2012.

   A. CONTESTED CUSTODY:

   (i) Notice to court. Whenever counsel determines that custody of minor children will genuinely be contested, the court shall be informed in order that appointment of a guardian ad litem may be considered. If a guardian ad litem is appointed, the guardian's report shall be filed with the court and copies given to counsel no later than ten (10) days before trial and, with the approval of the court, be updated at the time of trial.

   (ii) Temporary custody requests. All requests for temporary custody, except for ex parte requests in cases with an emergency or exigent circumstances, shall be set for a hearing with not less than three (3) days’ notice to the opposing party. Evidence in support of or in opposition to any temporary custody request shall be submitted by affidavit, which shall be exchanged at the hearing.

   (iii) Affidavits submitted on temporary custody requests shall be limited to no more than ten (10) per side and will further be limited to a total of no more than 50 pages. Tax returns and related financial records with Social Security numbers redacted will not be counted as pages. All affidavits shall be typed or printed. Affidavits submitted in cursive will not be considered.

   (iv) In cases involving minor children, parents who have not filed a permanent stipulation or parenting plan resolving all issues of custody and visitation must have scheduled or completed Parenting Education Classes no later than 60 days after the filing of the complaint.

   (v) Mediation must be scheduled or a hearing on a qualified request for a waiver of mediation must be scheduled no later than 120 days after the filing of the complaint. Failure of any party to schedule or attend mediation will result in sanctions which may include being prohibited at trial from presenting any evidence on the issues of custody or parenting time.

   B. IV D CASES: The county attorney shall be notified of any temporary hearings, final hearings, modifications or actions to release a child support lien which involve parties who are receiving assistance from the Department of Health and Human Services or the State of Nebraska, have filed assignments to the Department of Health and Human Services or the State of Nebraska, or who have an obligation to the Department of Health and Human Services or the State of Nebraska.

   C. DECREES: All decrees of dissolution, separation, or property settlements referred to in decrees shall contain both parties' social security numbers and the social security numbers of the affected children. The vehicle identification numbers of all vehicles affected by the decree and the legal description of all real estate affected by the decree shall also be included.

   D. PROPERTY STATEMENT: Both parties shall submit a combined exhibit listing all of the assets and liabilities of the marriage on a form prescribed by the court, a copy of which is attached to these rules. A different form than the one adopted as part of these rules may be used if the same information is supplied.

   The applicable provisions of rule 11-5(C) relating to pretrial orders shall apply to domestic relations cases. In addition, however, the petitioner shall first prepare the exhibit by placing the petitioner's values on the property statement. The exhibit shall then be submitted to the respondent who shall place values on the exhibit and return it to the petitioner. The petitioner shall submit the exhibit to the respondent no less than thirty (30) days prior to trial and the respondent shall return it to the petitioner no less than twenty (20) days prior to trial. The joint property exhibit, signed by counsel and the parties, shall be filed with the clerk of the district court no less than ten (10) days before trial. A copy of the exhibit shall also be sent to the judge no less than ten (10) days before trial. The court shall prepare a pretrial order which shall include the joint property exhibit. The pretrial order shall be binding on the parties.

   The parties shall also prepare and submit to the court no less than ten days prior to trial separate child support guidelines calculations including all supporting documents required by the guidelines. The calculation shall also include any proposed deviations from the guidelines and the reasons for the deviations.

   E. PROTECTION ORDERS: All applications for protection orders pursuant to Neb. Rev. Stat. § 42-901 et seq. (Reissue 1993) shall be on the form prescribed by the court. No protection orders shall be set aside unless the applicant appears in person and states affirmatively, on the record, that the protection order should be set aside. A copy of this rule shall be supplied to all applicants for and respondents to protection orders by the Clerk of the District Court.

   F.  CONTESTED CUSTODY CASES; COMPLIANCE WITH PARENTING ACT.

   1. No contested case which involves custody of, or parenting time or visitation with, any minor child or children may be set for final hearing by any attorney or self-represented party unless the following documents have been filed with the Clerk of the District Court:

   (a) Attorney Certificates of Providing Parenting Act Information signed by each attorney who has entered an appearance in the case or, for self-represented individuals, a verified and sworn statement from each parent that each has received and read the Nebraska Parenting Act Information brochure.

   (b) A completed Financial Affidavit for Child Support signed by each party.

   (c) Certificates of Completion of an approved Basic Level Parenting Education Course signed by each parent.

   (d) An affidavit signed by a qualified mediator or specialized Alternative Dispute Resolution Facilitator approved by the Nebraska Office of Dispute Resolution setting forth facts to show both parties met for at least one session lasting 2 hours or more in a good faith attempt to settle the issues relating to custody, parenting time, or visitation.

   2. Any of the foregoing requirements may be waived by the court upon a showing of good cause and compliance with applicable rules and statutes.

   3. All such documents shall be the same as, or substantially similar to, the forms relating to divorce and parenting found on the Nebraska Judicial Branch Web site, http://www.supremecourt.ne.gov/district/d7/selfhelpforms.shtml?sub1.

   4. If a party fails or refuses to comply with any part of this rule, the opposing party may file a motion to compel, for sanctions, or for other relief which will be scheduled for hearing by the court.

Approved effective November 3, 1995; amended effective May 22, 1998; Rule 11-4A-D amended effective January 16, 2002; Rule 11-4(A)(i)and(ii) amended effective September 9, 2009; Rule 11-4F approved June 3, 2010; Rule 11-4A(iii) – (v) approved April 25, 2012. 

   A. TERMS: Civil and criminal jury terms shall be set in Dawson and Lincoln Counties each year by the judges of the district. A schedule of such terms shall be distributed to the bar in the district and to all other attorneys who request such a schedule. Jury trials in the other counties of the district shall be set by the court for each particular case.

   B. PRELIMINARY CONFERENCES: Preliminary conferences shall be held after a case is at issue. Preliminary conferences may be held by telephone conference. If the Court has determined that the expedited procedures set forth in rule 11-3(B) shall not apply, a preliminary conference may be scheduled by either party or the court on its own motion. At the preliminary conference, counsel shall be prepared to:

   (i) Complete the pleadings;

   (ii) Set a schedule for completion of discovery;

   (iii) Arrange for physical examination of any party involved in an action for personal injury;

   (iv) Set a time for trial;

   (v) Set a time for pretrial conference;

   (vi) If counsel and parties are willing to do so, waive a jury trial or stipulate to a six person jury if possible.

   C. PRETRIAL CONFERENCES: Pretrial conferences shall be scheduled as near as practicable to the time set for trial of the action. At the pretrial conferences, trial counsel shall be present and shall be prepared to:

   (i) Finalize the issues in the case;

   (ii) Stipulate to all uncontested matters, including liability, medical expenses, property damage, other losses, and the fairness and reasonableness of any estimate or actual loss or damage;

   (iii) File a witness list with the name and address of all witnesses to be called in the case in chief;

   (iv) Mark all exhibits to be offered at trial;

   (v) If there are no objections, to waive foundation or stipulate to the admission of exhibits;

   (vi) Estimate the length of trial;

   (vii) Estimate the length of voir dire;

   (viii) Submit preliminary proposed jury instructions and trial briefs;

   (ix) Discuss with the court all efforts made to settle the case and have available the parties or their representatives in order to continue negotiations for settlement of the case.

   Unless otherwise ordered, the court shall prepare a final pretrial order based on the agreements at the pretrial conference which shall be binding on the parties.

   D. INSTRUCTIONS: All proposed instructions shall be filed prior to the conference on instructions. Counsel shall be prepared to conduct the conference on instructions immediately following the final rest entered in the case. Counsel shall be prepared to argue the case immediately following the conference on instructions.

   E. AVAILABILITY OF COUNSEL: Counsel shall be available on short notice, either personally or by phone, as ordered by the court, during jury deliberations in the event the jury has a question or verdict is reached. The clerk or bailiff shall be notified of counsel's location unless counsel is excused.

   F. ABSENCE OF COUNSEL: In civil cases, it is not necessary that any party or counsel be present when the verdict is read. Counsel and the defendant shall both be present when a verdict is returned in a criminal case.

   G. FAILURE TO COMPLY: Failure to comply with the rules of this court, without good cause having been shown, shall subject the party or counsel to sanctions, and a dismissal or judgment may be entered against a non-complying party or a non-complying counsel for that party.

Adopted effective November 3, 1995.

   All applications for attorney's fees for appointed counsel shall be in writing listing time and expenses involved. Fees for representation in District Court shall be seventy-five dollars ($75.00) per hour except in exceptional cases when a higher fee may be set by the court upon request of counsel. The court will review and adjust the rate on a yearly basis commencing January 2003.

Adopted effective November 3, 1995; amended effective January 16, 2002.

   All applications for attorney's fees for appointed counsel shall be in writing listing time and expenses involved. Fees for representation in District Court shall be seventy-five dollars ($75.00) per hour except in exceptional cases when a higher fee may be set by the court upon request of counsel. The court will review and adjust the rate on a yearly basis commencing January 2003.

Adopted effective November 3, 1995; amended effective January 16, 2002. 

   All defendants in criminal cases shall be searched by the sheriff or sheriff's deputies prior to entering the courtroom. All such searches shall be conducted in private and as unobtrusively as possible. The sheriff or deputies shall be present during all criminal proceedings and at such other times as requested by the court.

Adopted effective November 3, 1995. 

   Court files, transcripts, and bills of exception may be checked out by attorney, their staffs, abstracters or any other person with the permission of the court for not more than ten days. No file shall be checked out without notifying the Clerk of the District Court or a deputy clerk.

Adopted effective November 3, 1995. 

   Any applicant for work release shall, in the application, waive confidentiality and give permission to the sheriff to review the presentence investigation of the defendant.

   Any defendant granted work release shall only attend work and proceed to and from work by the most direct route. Work release shall be terminated if the defendant goes to any other place, including home, shops, or friends houses, other than a place to obtain a meal during the course of employment. At no time shall any defendant enter a place where alcohol is served as the main business. This rule may not be waived except by direct order of the court.

Adopted effective November 3, 1995. 

   In the discretion of the Judge presiding, courtroom proceedings may be broadcast, both by audio and video, and may be televised, recorded, or photographed (hereafter collectively referred to as “broadcast”) under the following conditions:

   1. Cameras and sound equipment of a quality and type approved by the Judge presiding in the case will be fixed in place in the courtroom with field of view of the camera and field of range of microphones being approved by the Judge presiding over the proceedings.  Other than the cameras identified herein, no other camera will be permitted in the courtroom, including a still camera.  The images produced by the camera in the courtroom should be of such a nature that still images may be retrieved.

   2. The audio broadcast shall include only the statements made in open court and shall not include communications between counsel, between counsel and their clients, or bench conferences between counsel and the court.

   3. Images of, or statements from, jurors will not be broadcast.

   4. Jury selection will not be broadcast.

   5. The following cases will not be broadcast: matters involving grand juries, juveniles (persons under 19 years old), child custody, parenting time, sexual abuse, sexual assault, and protection orders.

   6. The testimony of certain witnesses may not be broadcast.  Those witnesses are as follows: persons under age 19, a person who claims to be a victim of sexual abuse or sexual assault who will be called upon to testify about the abuse or assault, or a confidential informant whose testimony is about the matter upon which the person informed.  Any witness may make a request to prevent that person’s testimony from being broadcast by making application to the Judge presiding over the proceeding indicating the reason the witness does not want his or her testimony broadcast.

   7. Upon application of any party or counsel, the court may determine to not broadcast courtroom proceedings or terminate the broadcast of courtroom proceedings.

   8. Upon application at least 14 days in advance of a scheduled hearing that may be broadcast, the court may permit other types of broadcast or recording equipment in the courtroom.

   The images and sound produced from the courtroom will be available to any broadcast media licensed by the Federal Communications Commission and any print media published in the State of Nebraska on a pool basis.

   The overriding principle shall be the guarantee of a fair trial to the litigants.  Criteria may change from time to time based on factors which the court has not yet considered, and the circumstances of individual cases.

/signed/ John P. Murphy, District Judge          /signed/ Donald E. Rowlands, District Judge

Approved June 29, 2009.

   A pro se party needing an interpreter or counsel for a party needing an interpreter shall notify the Clerk of the District Court of the need for an interpreter no less than 10 days prior to any hearing at which a non-English-speaking party or witness is to testify. Such notice shall specify whether an interpreter is needed for one of the parties and/or one or more witnesses. It is not permissible for the parties to use a friend or relative as an interpreter. The cost for an interpreter is not assessed to the parties.

Rule 11-12 approved April 25, 2012.

   A. Professional attire is required in the courtroom. Professional attire means professional business dress. For women, professional attire includes pantsuits and dresses, skirts, and dress slacks. For men, professional attire includes suits and collared shirts, ties, and dress slacks all worn with jackets. Dress shoes are required.

   B. Absent court permission, no person shall use a recording device, photo-imaging device, or cellular telephone for any purpose, including the taking of pictures in the courtroom.

   C. Upon order of the court, any person may be subjected to search of his or her person for possession of recording devices, photo-imaging devices, cellular telephones, or weapons.

   D. Litigants, witnesses, counsel, and spectators shall not mingle or converse with jurors.

Rule 11-13 approved April 25, 2012.

   A. Professional attire is required in the courtroom. Professional attire means professional business dress. For women, professional attire includes pantsuits and dresses, skirts, and dress slacks. For men, professional attire includes suits and collared shirts, ties, and dress slacks all worn with jackets. Dress shoes are required.

   B. Absent court permission, no person shall use a recording device, photo-imaging device, or cellular telephone for any purpose, including the taking of pictures in the courtroom.

   C. Upon order of the court, any person may be subjected to search of his or her person for possession of recording devices, photo-imaging devices, cellular telephones, or weapons.

   D. Litigants, witnesses, counsel, and spectators shall not mingle or converse with jurors.

Rule 11-13 approved April 25, 2012.

   The regular term of the court in each county shall be deemed to commence on January 1 of each calendar year, and shall be deemed to conclude on December 31 of the same calendar year. No order opening or closing such term shall be required.

   All correspondence with the court regarding pending litigation shall refer to the subject case by case title, number, and county, and a copy of such correspondence shall be mailed to opposing counsel or pro se party. If the correspondence necessitates the court's transmittal of papers, preaddressed stamped envelopes shall be enclosed.

   No stipulations of counsel shall be binding unless made in writing or upon the official record.

   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.

   Unless otherwise authorized by the court, plea agreements in criminal cases shall be in writing and signed by the defendant and counsel.

   A. Availability of Counsel During Jury Deliberations. Counsel shall be available on short notice, personally or by telephone as ordered by the court, during jury deliberations in the event of a verdict or a question by the jury. The clerk or bailiff should be kept informed of where counsel will be at all times when the jury is deliberating, unless excused by the court.

   B. Absence of Counsel on Receipt of Verdict. In civil cases, the court will not deem it necessary that any party or any counsel be present or represented when the jury returns to the courtroom with its verdict.

   C. Presence of Defendant in Criminal Cases. The defendant and counsel must be present when the jury returns to the courtroom with its verdict. Defense counsel shall be responsible for producing the defendant in court when the jury returns with its verdict and at all other times ordered by the court. 

   A. Interrogatories or requests for admission shall have sufficient space below the interrogatory or request for the responding party to answer. Answers to interrogatories or requests for admission shall be typed with the answers following the question. If there is insufficient space, the responding party shall retype the full question and answer.

   B. Requests for relief under the Nebraska Discovery Rules must be accompanied by a certificate by the moving party that sincere efforts have been made by personal consultation to resolve the difference. The statements shall also recite the date, time, and place of the conference, the names of those participating, and the specific results of the conference. Requests for relief under the Nebraska Discovery Rules shall also specify which numbered discovery requests are in dispute.

   A. Documentary Exhibits. All documentary evidence which is not impeaching or rebuttal in nature shall be presented to the court reporter prior to trial or hearing, marked for identification, and exhibited to opposing counsel for inspection. They shall be numbered consecutively.

   B. Public Records as Exhibits. In all cases where books, files or records, or parts thereof, belonging to or taken from the records of public offices are offered in evidence or are marked for identification to be offered at a pretrial conference, the party offering the same shall furnish copies to the court reporter before the offer.

   C. Judicial Notice. In all cases where the court is asked to judicially notice pleadings, affidavits, or other documents from the court file, the party offering the same shall obtain a photocopy prior to the hearing to be marked and offered as an exhibit.

   Attorneys and bonded abstracters may check out transcripts, bills of exceptions, and court files from the clerk's office for not more than 5 days. Before removal, a receipt shall be signed and left with the clerk. If the item is not returned within 5 days or sooner if ordered by the court, the clerk, by written notice, shall warn that checkout privileges will be suspended unless such item is immediately returned. Upon failure to return, the clerk is directed by the court to suspend the checkout privileges of the involved person until the court restores the privilege.

  Any person may obtain photocopies of any public filings at such reasonable cost as the clerk shall determine.

   No books are to be removed from the county law libraries unless signed for in the office of the clerk of the district court or office of the district judge. All books signed for must be returned to the library within 1 week from the date taken. All books used in the libraries must be returned to their proper place in the bookcase on the same day such books are used. Additional library rules may be ordered by a district judge and conspicuously posted in the applicable office of the clerk of the district court and in the library.

   A. Trial Sessions. Unless otherwise determined by the court, trials will be held beginning the first Monday in:

   The clerk of court in each county will keep, in the order of their filing, three lists of cases scheduled for trial at the next session: the first for criminal jury trials, the second for civil jury trials, and the third for trials to the court. Cases are entitled to be tried and pre-tried in that order, unless otherwise ordered by the judge assigned to the case. Criminal cases and civil nonjury cases may be exempted by order of the court from pre-trial rules.

   The order of trial shall be determined by the court. Where possible, cases will be set for a date certain at pre-trial or at the motion day before the term begins. Otherwise, counsel must observe the assignment of cases on the schedule, keep informed of the progress of trials, and as cases are reached, appear and proceed with trial. Plea agreements and jury trial waivers in criminal cases will not be accepted after the last motion day preceding the trial session, except for good cause shown.

   C. Pre-trial Conference Scheduling. Unless otherwise specially set, pre-trial conferences for all cases will be held the Monday 3 weeks before the appropriate trial session.

   D. Motion Days. Unless otherwise determined by the court, motion days will be held each month, as follows:

   A. Case Assignments.

   (1) Cases shall be assigned to a judge by random selection through use of computerized or manual means.

   (2) Reopened Cases. Any matter pertaining to a finished case shall be deemed assigned to the judge originally assigned the case.

   (3) Reassignment. A judge may reassign a case to another district judge by order, and the clerk shall note such reassignment and date on the file jacket, docket sheet, and assignment card.

   (4) Interchange of Judges. One district judge of this court may act with respect to a particular matter in a case assigned to another district judge of this court when necessary. Such interchange will be on individual matters only and will not affect a reassignment of responsibility for the case.

   (5) Calendaring. Each judge shall provide for the conduct, calendaring, and progress of cases assigned to that judge.

   B. Trials.

   (1) Jury Sessions. There will be jury terms beginning on the first Monday of each month unless otherwise ordered by the judge. Two judges will alternate months so that each judge is in a jury term every other month.

   (2) Scheduling Trials. Any party may request a nonjury or jury case be set for pretrial, trial, or progression by filing a motion. The court may also schedule a case without any motion.

   (3) Order of Jury Trials. Cases will be tried in the order set by the judge.

   A. Trials.

   (1) Trial Docket. The trial docket will be called at times and places ordered by the District Judge.

   (2) Disposition of Untried Cases. Unless otherwise ordered by the court, after a cause is at issue it shall be tried at the term of court then in progress or at the next succeeding term of court unless statutory grounds for a continuance exist. Upon failure to try the cause as herein provided, the court may, on its own motion or on motion of any party, dismiss the action or strike it from the docket. An action stricken from the docket may be restored upon motion and good cause shown.

   (3) Scheduling. Scheduling of trials, pretrial conferences, and motion days shall be determined by the judge assigned to these counties.

   It shall be the duty of the party directed by the court to promptly prepare a proper journal entry, order, judgment, or decree. The proposed journal entry shall be submitted to opposing counsel for approval as to form and submitted to the court for its signature within 7 days after entry of the decision or order.

   In criminal matters, it is always the responsibility of the County Attorney to submit the same.

   A. Leaving the State. Every order for child custody, temporary or permanent, shall contain language substantially as follows:

   A party exercising custody of a minor child is ordered not to move the child outside the State of Nebraska. Anyone intending such a move must first:

   (1) Make written application to the court, including proposed changes in the visitation schedule and costs of transportation;

   (2) Give notice of the application and hearing to the other party; and

   (3) Establish that the move is in the child's best interests.

   B. Supplemental Child Custody Orders. In all cases where custody of children is ordered, a “Parenting Guidelines,” obtainable from the office of the judge assigned to the case, shall be attached to and made a part of the custody order.

   C. (1) Joint Property Statements. Where the action involves a division of property, both parties shall prepare a single joint property statement setting forth assets, liabilities, and any other information concerning property germane to the case at bar. The plaintiff shall have 40 days from filing the action to prepare the property statement and furnish a copy to the opposing party. The defendant shall then complete the property statement by adding any additional property/liabilities and the defendant’s estimates of the value of all property and the amount of all liabilities listed by the plaintiff. The defendant shall complete the property statement and serve a copy on the plaintiff within 30 days after the plaintiff served the initial statement. The property statement shall then be finalized, signed, and a copy delivered to the judge at least 10 days prior to trial. A model property statement form can be obtained from the court.

   (2) Extensions and Pretrial Filing Deadline. Either party may obtain an extension of the time for filing or completing the property statement on written motion for good cause shown. Except by agreement of the parties or by order of the court, amendments to the property statement shall not be permitted unless filed at least 10 days prior to trial.

   D. Temporary Hearing. Unless otherwise ordered, all applications for temporary custody, support, maintenance, or other relief shall be governed by Neb. Ct. R. § 6-1504. Evidence shall be submitted by affidavits, which shall be exchanged by the parties at least 24 hours prior to the hearing. Except for good cause shown, no more than 5 affidavits or, alternatively, no more than 20 affidavit pages (excluding exhibits attached thereto), will be considered by the court at the time of the temporary hearing. Pursuant to Neb. Rev. Stat. § 43-2930, each party to a contested proceeding for a temporary order related to parenting functions or custody shall offer a Child Information Affidavit as an exhibit at the hearing.  Where child support is an issue, counsel shall also prepare and exchange Nebraska Child Support Guidelines worksheets 24 hours prior to the hearing.

   E. Rule for Mediation in Domestic Relations Cases.

   (1) Parties to domestic-relations matters involving children are required to attend the district court-approved parent education program within 60 days from receipt of service of process. This includes filing for dissolution of marriage, legal separation, and determination-of-paternity cases, which involve issues of custody and/or visitation. Effective on January 1, 2008, motions to compel existing orders which involve parenting issues, applications to modify decrees of dissolution which involve parenting issues, and applications to modify decrees of paternity which involve parenting issues shall be subject to the requirements of this rule, and both parents are required to attend the parent education program.

   If the court deems it advisable, the parties may be required to complete a second level parenting class or the children of the parties may be referred to a class.

   Prior to July 1, 2010, the parties shall submit a parenting plan to be approved by the court. The parenting plan shall be developed by the parties or their counsel, an approved mediation center, or a private mediator. When a parenting plan has not been developed and submitted to the court, the court shall either create the parenting plan in accordance with the Nebraska Parenting Act or refer the case to an approved mediator. At any time in the proceeding, the court may refer a case to an approved mediator in order to attempt resolution of any relevant matter. Until July 1, 2010, either party may terminate mediation at any point in the process.

   On or after July 1, 2010, all parties who have not submitted a parenting plan to the court within 5 months after the matter is filed shall be required to participate in mediation services to complete a parenting plan, including child custody, visitation schedule, grandparent visitation, and any other issues relating to the children that may be susceptible to mediation. No trial date will be scheduled until attendance at the required parent education seminar has been completed and mediation to resolve custody and/or visitation issues has been attempted. Provided, however, that failure or refusal to participate by a party shall not delay entry of a final judgment by more than 6 months. It is further provided that, notwithstanding the language in this paragraph, domestic violence issues may, upon consideration by the trial court, disqualify the parties from mediation.

   On or after July 1, 2010, a party may not terminate mediation until after an individual initial screening session and one mediation or specialized alternative dispute resolution session are held.

   (2) The court shall prepare an order, for distribution by the district court clerk, advising the filing parties and their attorneys that attendance at a parenting seminar is mandatory and must be completed within 60 days from the filing of the complaint. The order shall also advise the parties and counsel: (a) that the parenting plans and visitation schedules may be referred for mediation; (b) that no trial date will be set until attendance at the required parent education seminar has been completed and, if required, mediation to resolve custody and/or visitation issues has been attempted; (c) that failure or refusal to participate by a party shall not delay entry of a final judgment by more than 6 months; and (d) that domestic violence issues may, upon consideration by the trial court, disqualify the parties from mediation. The district court clerk shall include this order with the filing and service packets distributed by the clerk.

   (3) When a judge refers a case for mediation, the judge will indicate the issues to be mediated, as well as any choice of a mediator if the judge has a preference.  The attorneys for the parties may mutually agree upon the choice of a mediator and may indicate whether they wish the parties to mediate any issues other than custody and parenting or visitation plans. If financial issues are to be mediated, the case may be assigned to an attorney mediator.

   (4)(a) If the parties reach an agreement through mediation, the agreement shall be reduced to writing. Copies shall be provided by the mediator to the parties and their attorneys, together with a notice informing the parties and their attorneys of their right to express their objections to the written agreement. The notice shall inform the parties and their attorneys that they have 21 days from the date of the notice to notify the mediator of any written objections to the terms of the agreement. Such objections shall be specific. All matters not specifically objected to shall be deemed final.

   (b) Upon the filing by either party or attorney of objections to the agreement, the mediator shall forthwith schedule a re-mediation session on the disputed issues identified in the objection. The mediator may charge additional fees for the re-mediation session and related expenses.

   (c) Agreements or amended mediation agreements shall be forwarded, along with the appropriate certificate of readiness form, to the judge to whom the case is assigned and to the court file. For cases involving parties with no counsel, the parties shall complete and file with the district court clerk a “Certificate of Readiness” indicating that the case is ready to be set for an uncontested final hearing. Such certificates will be in a form acceptable to the court.

   (d) Prior to setting a case for an uncontested final hearing, the parties shall file a “Certificate of Readiness” with a copy of the parenting plan with the court. In Scotts Bluff County, only counsel or pro se parties shall also contact the judge for a trial date.

   (e) The “Certificate of Readiness” for final hearing shall contain the following information:

   (i) The full names of the parties;

   (ii) The case number of the case;

   (iii) The names, addresses, and bar number of counsel;

   (iv) The date on which the complaint was filed and the date of service on defendant or the date of filing of the voluntary appearance by the defendant;

   (v) That the parties have agreed to a parenting plan;

   (vi) That the parties have attended the parent education seminar required by the court;

   (vii) That the parties have completed child support calculations pursuant to the Nebraska Child Support Guidelines and have agreed to all financial matters contemplated by the guidelines;

   (viii) That the parties have entered into a written and signed property settlement agreement; and

   (ix) That the parties have or have not attended mediation.

   (f) If the parties have not agreed to any of the following: parenting plan, child support calculations, or a property settlement agreement, they should not file a “Certificate of Readiness.” They should contact the bailiff to schedule further hearings.

   (5) Parties that either have terminated mediation unsuccessfully or have been determined to not qualify for mediation services shall have their case set for final trial before the court as soon as possible.

   The Lancaster County Separate Juvenile Court shall be a single division with each judge handling cases on an alternating assigned basis.

   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.

   A. All pleadings, motions, and proposed orders filed with the Clerk shall be printed or typewritten on 8½- by 11-inch paper.

   B. All pleadings shall contain the caption of the case.

   C. No pleadings, documents, exhibits, court orders, judgments, and decrees filed in the court shall include the birth dates, Social Security numbers, and financial account numbers of any persons, including minor children, as outlined in Nebraska Supreme Court rule (Neb. Ct. R. § 6-1701).

   D. The margin at the bottom of the first page of any pleading or other document filed with the Clerk shall be at least 2¼ inches. This area is reserved for court use to permit affixing a barcode or exhibit identification markings and for other official uses. No image, printing, or marking of any nature may appear within the bottom margin except as made or authorized by the court or the Clerk.

   E. Any party making a filing shall serve the same upon all counsel of record or parties of record if not represented by counsel. Service by the U.S. Postal Service shall be deemed sufficient. Any pleading or document filed subsequent to the petition shall contain a certificate that service was made upon counsel or parties pursuant to this rule.

   A. All counsel shall conduct themselves in a manner which promotes a positive image of the profession, assists the court in properly reviewing the case, and displays appropriate respect for the justice system.

   B. All parties and their counsel shall be punctual and prepared for all court appearances at the time set for hearing by the court.

   C. Counsel shall examine witnesses and address the court from the counsel’s table and shall not approach the bench or witness stand while the court is in session without first obtaining permission of the court.

   D. Witnesses and parties shall be referred to and addressed by their surnames unless age or other circumstance allows for usage of their first name.

   E. Only one counsel for each party shall examine a witness or make objections during the testimony of such witness.

   F. At the discretion of the security officers, upon order of the court, any person may be subjected to a search of his or her person for possession of any weapons, destructive devices, or components thereof.

   G. Counsel shall be attired in ordinary business wear. All parties, witnesses, and persons present in the courtroom shall be appropriately attired. The court may continue or delay a hearing if any parties’ appearance is inappropriate. The court may also cause the removal from the courtroom of any individual inappropriately attired.

   H. Cellular telephones, pagers, or other such electronic devices are not allowed in the courtroom and may be left with the court reporting personnel during the hearing. With permission of the court, counsel may have such devices in the courtroom provided they are turned off or otherwise disabled so as not to cause a disturbance during court proceedings.

   I. All court hearings are open to the public as provided by law; however, the court may close the hearing or a portion thereof pursuant to law and Nebraska Supreme Court rules.

   A. No person except the judge or the Clerk shall take from the courthouse or out of the office or possession of the Clerk, any records, papers, or files of the court pertaining to the causes therein, except by permission of the judge or the Clerk. Any legal file so removed shall be returned to the Clerk within 5 days unless requested sooner by the Clerk, and at least 48 hours prior to the commencement of any trial or hearing in conjunction with said case.

   B. All documents, including but not limited to, predisposition reports, case plans, and progress reports shall be delivered to all counsel and pro se parties in the court at least 3 judicial days prior to the hearing in which the documents are to be offered. The party offering said exhibit shall have the exhibit numbered by page and then separately marked by the court reporting personnel prior to the scheduled time of the hearing. Exhibits shall not contain any unrelated attachments.

   C. Copies of all exhibits received into evidence shall be placed in a social file corresponding to the respective case involving the child or children. Only the judge and court staff may have access to said social file. All others shall not have access to the social file or exhibits without permission of the court. Those exhibits in the custody of the court reporting personnel may be open for inspection by counsel appointed or appearing on behalf of the parties upon a reasonable request of the court reporting personnel. All others may not have access to said exhibits without permission of the court.

   A. The court will appoint counsel for a party determined indigent by the court and whenever else appointment of counsel would be appropriate. The parties shall complete a Request for Court-Appointed Counsel as directed by the court.

   B. The court may require any party to resubmit a financial statement periodically as ordered by the court. The court may order parties to reimburse Lancaster County for the services of court-appointed counsel if their financial situations change. Failure to maintain contact with counsel may result in the attorney’s being discharged.

   C. Court-appointed counsel may apply for payment of reasonable attorney fees by submitting a Motion for Payment of Attorney Fees and statement to the Clerk, providing with specificity each service rendered, the date of each service rendered, and the amount of time expended thereto.  Said statement shall further include the attorney’s name and the docket and page of the case. Further, counsel shall sign each statement affirming the truth and veracity of same.

   D. Counsel shall submit a Motion for Payment of Attorney Fees and proposed order pursuant to Lancaster County Juvenile Court Guidelines for Attorney Fees.

   A. Intent. The Court finds that matters relating to the establishment, modification, enforcement, and collection of child support and to paternity matters should be handled by the court in an expeditious manner, so that parties may obtain needed orders and other action as quickly as possible. It is determined that the appointment of a child support referee is necessary to aid the court in meeting the case progression standards established by Nebraska Supreme Court rule and federal law.

   B. Appointment. Each referee shall be appointed by order of the judges of the court and shall be an attorney in good standing admitted to the practice of law in the State of Nebraska. The referee shall be sworn or affirmed, and the oath for judicial officers shall be administered by the presiding judge of the court. The referee may be removed at any time by the court.

   C. Duties. The referee shall hear matters pertaining to the establishment, modification, enforcement, and collection of child support, paternity, and all other matters permitted by law and assigned by the court. The referee shall have the power to summon and enforce the attendance of parties and witnesses, administer all necessary oaths, supervise pretrial preparation pursuant to the rules of discovery, grant continuances and adjournments, and carry out any other duties permitted by law and assigned by the court. The functions performed by the referee under expedited processes shall, at a minimum, include

   (1) taking testimony and establishing a record;

   (2) evaluating evidence and making recommendations to establish and enforce orders;

   (3) accepting voluntary acknowledgment of support liability and stipulated agreements setting the amount of support and accepting voluntary acknowledgments of paternity; and

   (4) recommending default orders if absent parents fail to respond within the time specified by law.

   D. Safeguards. Under the expedited processes established by this court rule:

   (1) The due process rights of the parties shall be protected.

   (2) The parties must be provided a copy of the recommendation of the referee and the ratified order.

   (3) To be enforceable, the referee’s recommendations must be entered as an order by a judge.

   E. Hearings. A hearing before a referee shall be conducted in the same manner as a hearing before the court. Testimony in such matters shall be preserved by tape recording or other prescribed measures and in accordance with prescribed standards. Transcripts of all hearings shall be available upon request, and all costs of preparing the transcript shall be paid by the party for whom it is prepared, unless he or she has been determined to be indigent.

   F. Findings and Recommendations. Upon the hearing of a matter, the referee shall prepare, in writing, his or her findings and recommendations to the parties or their attorneys and submit a report to the court containing findings of fact and recommendations and any and all exceptions.

   G. Judicial Review. In all cases referred to a referee, the parties shall have the right to file an exception within 10 days of the date of the referee’s findings and recommendations. The exception shall be accompanied by a praecipe requesting the preparation of the bill of exceptions of the proceedings before the referee. The hearing before the court on the exception shall be de novo on the record before the referee. The court may ratify or modify the recommendations of the referee and enter judgment based thereon. If no exception is filed, the court shall proceed to consider the referee’s findings and recommendations and render a final order without further notice or hearing.

   H. Case Progression. Actions to establish or enforce support obligations and/or paternity shall be completed in accordance with state and federal law.

   A. Prior to temporary custody hearings, prehearing conferences with all parties and counsel may be held and may be facilitated by mediators. The facilitators are disinterested parties who will gather necessary information regarding parentage, possible Indian Child Welfare Act applicability, placement of the children, visitation, services, and evaluations or assessments offered. Any documents completed in the prehearing conference may be marked and offered into evidence. Discussions taking place at such facilitated conferences shall be confidential and privileged to the extent provided by Neb. Rev. Stat. § 43-247.01.

   B. Pretrial conferences may be on order of the court and shall specify the date, hour, and location requirements placed upon counsel; the manner in which the conference will be held; and any other matters the court deems appropriate. It is strongly encouraged that any and all stipulations should be entered into at the time of the pretrial conference. At the time of the pretrial conference, all counsel shall have made efforts to speak with their respective client and each other and shall be prepared to inform the court

   (1) whether the matter will be contested;

   (2) if contested, the estimate of time necessary to adjudicate;

   (3) whether in-chambers testimony will be requested and any other objections thereto;

   (4) whether any matters may be stipulated;

   (5) whether an interpreter of any nature will be required; and

   (6) whether there are any special health needs of counsel, parties, or witnesses requiring accommodation.

   A. Any case which is to be tried to the court may be assigned by the court to a trial term. A trial term is a period of time determined by each judge during which more than one case will be scheduled for trial. By order of the judge to whom the case is assigned, other requirements governing the progression of the case may be imposed. Cases assigned to a trial term for trial shall proceed as follows:

   (1) All counsel and persons having cases set for trial during a trial term shall be ready for trial whenever called during the next and all subsequent trial terms.

   (2) The court’s bailiff will maintain a current list of cases set for trial during the judge’s trial terms. Cases set for trial during a trial term will be called up for trial in the order in which they are listed thereon.

   A. Case plans and court reports shall be delivered to all counsel, parties, and the court at least 5 days prior to the hearing.

   B. Guardian ad litem reports shall be delivered to all counsel, parties, and the court at least 1 day prior to the hearing. The guardian ad litem shall utilize a form approved by the court.

   C. Counsel shall inform the court's bailiff if an interpreter is needed for any hearing so that arrangements can be made to obtain an appropriate interpreter.

   D. Counsel representing incarcerated parents shall request a transportation order sufficiently in advance from the court’s bailiff if the party wants to be present.

   E. All children under the court’s jurisdiction as defined by Neb. Rev. Stat. § 43-247(3)(a) shall be present in court at the dispositional hearing and at every 6-month review hearing unless excused by the court. A request to excuse a child or children from the hearing may be submitted to the court’s bailiff in advance by any party and reviewed by the judge.

   F. Parties shall provide financial statements for child support as ordered by the court and shall submit said statements and any requests for deviations 10 days in advance of any child support hearing. The parties shall exchange calculations 3 days in advance of the hearing.

   These rules shall govern the procedure of this Court so far as they are applicable and are not inconsistent with any statute of the State of Nebraska or any rule or order of the Supreme Court of Nebraska having the force of law.

   These rules shall be effective, on an experimental basis, beginning June 1, 2009. They shall apply to proceedings in all County Court courtrooms of the Second Judicial District: Cass, Otoe, and Sarpy Counties. During the experimental period, the Nebraska Supreme Court Public Information Officer will serve as the media coordinator for the Second Judicial District.

Amended  June 26, 2012.

APPOINTMENT OF COUNSEL; INDIGENT PARTIES; STANDARDS AND PROCEDURES

   When attempting the following remedies/procedures listed below, the forms provided by the Clerk of the Court, and only those forms, may be used:

   These rules shall be effective, on an experimental basis, beginning February 2, 2009, and shall apply in the 5th Judicial District, county court judicial proceedings. During the experimental period, the Nebraska Supreme Court Public Information Officer will serve as the Media Coordinator for the 5th Judicial District County Court.