Rule 4. Motions.

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Rule 4. Motions.

   4.1. Contested Motions:

   a. All motions shall state, with clarity, the specific relief sought.

   b. All motions, unless stipulated to by the parties, shall be in writing, shall contain a complete certificate of service, and shall contain a notice of hearing. All motions must be filed at least three (3) judicial days before the scheduled hearing on the motion. Failure to timely file may result in the motion not being heard by the Court.

   c. Prior to scheduling the motion, the attorney for the party seeking the hearing shall consult the Court’s bailiff to obtain a hearing date and time for the motion.

   d. In the event of vacation, illness, or other prolonged absence of the judge to whom the case is assigned, the attorney seeking a hearing upon a motion shall contact the Juvenile Court Administrator’s office for assistance.

   4.2. Uncontested Motions: The Court may grant a motion that is uncontested by the parties without a hearing, as follows:

   a. An uncontested motion may be signed by all counsel/self-represented litigants and state the following:

   i. All other parties and counsel have no objection to the relief requested in the motion, and

   ii. Counsel for the moving party has provided all other counsel with a copy of the motion and proposed order to be entered upon the motion.

   b. All uncontested motions shall be accompanied by a proposed order.

   c. The Court may require the moving party to submit a proposed order signed by all counsel and self-represented litigants, designated “approved as to form and content.”

   d. Counsel for the moving party shall promptly send/distribute a copy of the signed order to all counsel and self-represented litigants of record.

   4.3. Ex Parte Motions:

   a. A probable cause hearing shall be held within twenty-four (24) hours or on the next judicial day when a juvenile has been detained for an act, other than a traffic offense, that would constitute an infraction, a misdemeanor, a felony offense, or probation violation under the laws of this state.

   b. A hearing shall be held within ten (10) judicial days of the date of entry of an ex parte order granting immediate temporary custody of a child to the Nebraska Department of Health and Human Services or another suitable person in a case filed pursuant to Neb. Rev. Stat. § 43-247(3)(a).

   c. All other ex parte motions shall be heard within ten (10) judicial days after an order granting said ex parte motion is entered.

   d. Emergency contact with the Court for ex parte orders shall first be attempted through the assigned judge. If the assigned judge is unavailable, then through the duty judge.

   4.4. Motions for Continuance:

   Motions for continuance must be supported by an affidavit as required in Neb. Rev. Stat. § 25-1148 and shall set forth whether the opposing party(s) has an objection. If the opposing party(s) does not object to a continuance, the movant is responsible for scheduling a new date and time with all opposing parties and the court. If the opposing party does object, it is the movant’s responsibility to schedule the motion for hearing with the court. Except in exigent circumstances, a motion for continuance shall be filed three (3) judicial days before the hearing for which continuance is requested.