Rule 2-2. Preliminary Matters

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Rule 2-2. Preliminary Matters

   A. Motions shall be submitted on affidavits and oral arguments of counsel, not to exceed 15 minutes per party, 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. In addition to the requirements of Uniform District Court Rules, as well as Neb. Rev. Stat. § 25-910, any motion filed that does not require the appearance of one and/or both of the parties, including, but not limited to: Motion to Endorse, Motion for Deposition, Motion to Withdraw, etc., and where there is no objection by the opposing party, no hearing shall be required unless for good cause as decided by the Judge. Counsel shall set forth in the body of the motion that he/she has had contact with the opposing party and that there is no objection by the same, and shall further submit via email (not e-file) to the Judge's baliff, a proposed order in Microsoft Word for the signature of the Judge.

   B. Continuance(s). 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 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, or after reasonable efforts have been made to contact the opposing party without success as verified by affidavit, it is the responsibility of the party filing the motion to set the motion for a continuance hearing. If the moving party fails to attempt contact with opposing counsel, the motion for continuance may be summarily denied. 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. See Attachment B.

   C. 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.

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

   E. 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; Rule 2-2 amended effective January 31, 2018.