Rule II. Motions and Other Filings

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Rule II. Motions and Other Filings

   A. All motions or similar filings in which a hearing is requested shall be filed 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 proposed Order for Hearing along with the motion. 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 a proposed Order for Hearing setting forth the time and date of the hearing.

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

   D. 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.

   E. Motions for Placement Change pursuant to Neb. Rev. Stat. § 43-285  can be approved by the court without further hearing unless an objection is filed and notice is given to the judge or judge's bailiff, whereupon the matter may be set for hearing by the court. The Nebraska Department of Health and Human Services shall notify the court, guardian ad litem, and counsel within 24 judicial hours of any immediate change in placement.

   F. 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.

   G. A Denial may be filed and shall include counsel's estimate as to the amount of time necessary for trial.

Rule II(C) and (F) amendments approved November 15, 2017; Rule III amended May 17, 2023.