Douglas County District Court
Court-Level Rules, Filing Procedures & Policies
- Rules last changed:
Limits & Logistics
Document Limits
Courtesy Copies
Brief
- 2 copies • Simultaneously with Filing
Exceptions
- 1 copy • Promptly
Adjournments
- A continuance request must state its reasons and be filed before the time set for the matter.
- No more than one continuance may be granted unless unusual circumstances require otherwise.
- A stipulation for a continuance requires court approval.
- +2 more
Request must include
Communication
Phone
Intake Unit
Page & Word Limits2 rules
Documentary exhibits and affidavits submitted to the Court or a court reporter in digital format shall be limited to an aggregate total of ten (10) pages or less.
- Digital documentary exhibits and affidavits
- Up to 10 pages in total
Affidavits submitted in digital format shall be limited to an aggregate total of ten (10) pages or less.
- Affidavit
- Up to 10 pages in total
Document Format Requirements5 rules
Non-impeaching and non-rebuttal documentary evidence must be marked for identification.
Court's wording
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.
Documentary exhibits and affidavits submitted to the court or court reporter that exceed an aggregate total of ten (10) pages shall be submitted in hard copy.
- More than 10 pages
- File type
- Paper
In no case of amendment shall the original pleading be obliterated or withdrawn from the files.
- Amended pleading
Formatting
- •Do not obliterate or withdraw the original pleading from the files
In no instance shall an amendment of a pleading be made by erasure, substitution, interlineation, or otherwise.
- Amended pleading
Formatting
- •Do not make an amendment by erasure, substitution, interlineation, or otherwise
Affidavits that exceed an aggregate total of ten (10) pages shall be submitted in hard copy.
- More than 10 pages
Document Filing Requirements31 rules
Anyone permitted to remove court records must sign a receipt identifying the materials and providing contact information for both the remover and the person represented.
Court's wording
If a District Judge grants permission to remove from the Office of the Clerk of the District Court 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 PSO shall be submitted by agreement of the parties.
When a case has been dismissed pursuant to this rule, any party may request that the case be reinstated, but only upon filing a motion to reinstate the case and submission of a signed PSO to the Court assigned to the case.
Any administrative order implementing emergency modified court procedures shall identify the date by which the order shall expire if not previously vacated, extended, or amended.
The caption of each complaint or amended complaint in a civil action shall state whether the action is one at law or in equity.
- Document
- Complaint or amended complaint
- Placement
- Caption
All continuances shall be to a date certain and stated in the order granting the same, unless otherwise ordered by the court.
A motion to compel must include a certification describing the movant's good-faith conference or attempted conference.
Court's wording
The motion must include a certification that the movant has in good faith conferred or attempted to confer with the person or party failing to make disclosure or discovery in an effort to obtain it without court action.
All motions or similar filings shall contain a certificate by the serving party of how the opposing party was notified.
Each pleading and order submitted for judicial action must be identified by its specific type.
Court's wording
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).
Before an appointed attorney’s fee claim is allowed, the attorney must file a positively verified written motion stating time and expenses and disclosing any compensation received or contracted for.
Court's wording
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.
Pretrial conferences will be on order of the court, consistent with Neb. Ct. R. § 6-1522, 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.
Affidavits shall set forth information required by Nebraska Child Support Guidelines and Neb. Rev. Stat. § 43-2930 (Reissue 2016).
Except where a party appears as a self-represented litigant and live testimony is required, or unless otherwise ordered, evidence shall be submitted by affidavits.
A notice of the hearing must accompany the moving party’s supporting affidavits.
Court's wording
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 specified pleadings must state the completion date of the second-level class and the date and outcome of re-mediation, or state that Conciliation waived those requirements because the parties completely agree on all issues.
Court's wording
Any party filing a Complaint to Modify (Parenting Plan), an Application for Order to Show Cause (Parenting Plan), or a Motion to Enforce Parenting Time, Visitation, or Other Access Orders must state in the pleading the date the approved 2nd Level Parent Education Class was completed and the date re-mediation was held and the outcome of remediation, or that such requirements have been waived by Conciliation due to complete agreement of the parties on all issues.
Parenting Plan agreements must be sent to Conciliation for checklist review, and Conciliation staff must send the approved agreement and appropriate closure form to the Clerk for filing.
Court's wording
All Parenting Plan agreements shall be forwarded to Conciliation where Conciliation staff shall review said Parenting Plan agreements for compliance with Conciliation’s Parenting Plan Checklist. Conciliation staff shall then forward a copy of the approved Parenting Plan agreement, along with the appropriate closure form to the Clerk of the District Court for filing.
If the filing party claims his or her attempt to re-mediate was thwarted by the other party, the filing party shall state with specificity in the pleading the filing party’s good faith efforts to re-mediate and the other party's responses thereto.
A trial date or other dispositive hearing cannot be scheduled until the required class and mediation or SADR attempt are completed or waived and the parties file a Proposed Scheduling Order, subject to the six-month limit for delay caused by a party’s failure or refusal to participate.
Court's wording
No trial date or other dispositive hearing will be scheduled until (1) attendance at the appropriate, required, and approved parent education class has been completed and mediation or other SADR facilitation process has been attempted to resolve issues of custody, parenting time, visitation, or other access, unless these requirements have been waived, and (2) the parties have filed a Proposed Scheduling Order pursuant to Fourth Judicial District Local Court 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.
The mediator or facilitator must provide a notice explaining the right to object and the 21-day period for notifying the mediator or facilitator of written objections.
Court's wording
The mediator or facilitator shall provide the parties, with a copy of the written agreement, 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 of any written objections to the terms of the agreement.
A party may present the specified evidence at trial only if a written motion for leave, accompanied by a notice of hearing, has been filed, heard, and granted before trial.
Court's wording
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.
Prior to the entry of any order awarding temporary relief, the moving party shall certify that the party has registered with or contacted Conciliation.
To be considered for appointment to the DC Panel, a private attorney shall complete the form entitled "Request to Be Added to Douglas County Court-Appointment List" and shall file it with the Douglas County District Court Administrator's Office.
At filing, a party who knows of companion cases must note their titles and case numbers.
Court's wording
The party shall, at filing, if known to the party, note companion case titles and case numbers, and the Clerk of the District Court shall assign all companion cases to the judge with the case that has the lowest case number.
When filing each information, the County Attorney must note the title and case number of every companion case.
Court's wording
The County Attorney shall, at the time of filing each information, note on the information the case title and case 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 case number.
The Court, in its discretion, may decline to receive into evidence any exhibit or accept any affidavit unless it has been submitted in compliance with this rule.
Real estate shall be described by legal description in addition to street address.
An agreement reached through mediation or SADR facilitation must be written, and the mediator or facilitator must provide copies to the parties and their attorneys.
Court's wording
If the parties reach an agreement through mediation or the SADR specialized alternative dispute-resolution facilitation 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.
The Mediation Committee must prepare a letter stating that the basic parent education class is mandatory and must be completed on time; the letter should also address referrals, trial scheduling prerequisites, the six-month delay limit, and possible disqualification in abuse-related matters.
Court's wording
The Mediation Committee will prepare a letter, for distribution by the District Court Administrator, advising the filing parties and their attorneys that attendance at an approved basic level parent education class is mandatory and required for domestic-relations matters involving children under the age of majority 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.
Conciliation shall maintain a Parenting Plan Checklist, which shall include issues of child custody, parenting time, visitation, other access, and any other issues relating to the children that may be susceptible to mediation or the specialized alternative dispute resolution process.
The Clerk of the District Court is directed to include this letter with the filing and service packets distributed by the Clerk.
However, if the parties cannot agree, any party to the pending action may submit a PSO and set the matter for hearing before the Court assigned to the case.
Filing & Service rules
Filing Timing and Cure Windows
A proposed scheduling order must be submitted to the District Court Administrator within four months after filing in non-criminal cases.
To facilitate compliance, a Proposed Scheduling Order (PSO) shall be submitted to the District Court Administrator in all non-criminal cases within four (4) months after the filing of the case.
Civil cases
Page 1 | A. Case Progression Standards
If no proposed scheduling order is submitted within four months, the Administrator must notify each party by mail or email, and the matter will be dismissed unless the order is submitted within 30 days of the notice.
If a PSO is not submitted within four (4) months, the District Court Administrator shall give notice by mail or email to each party that, within thirty (30) days from the date of the notice, the matter will be dismissed unless a PSO is submitted to the District Court Administrator.
Civil cases
Page 1 | A. Case Progression Standards
A continuance motion or application must be filed before the time set for the matter sought to be continued.
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.
Page 1 | B. Motions — 3. Continuances Or Additional Time To Plead
Unless the court orders otherwise, a motion or similar filing requiring a hearing must be filed before the scheduled hearing.
Unless otherwise ordered by the court, all motions or similar filings which require a hearing shall be filed in the case prior to the scheduled hearing.
Page 1 | B. Motions
The non-moving party must submit responsive affidavits to the Court within twenty-four hours before 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.
Page 1 | D. Temporary Support and Allowances
An exception must be filed within fourteen days after the Referee’s Report is filed.
The Exception must be filed within fourteen days of the filing of the Referee’s Report.
Page 1 | A. Child Support Referee Exceptions
The moving party must provide supporting affidavits to the Court at least forty-eight hours before the hearing.
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.
Page 1 | D. Temporary Support and Allowances
The filing party must register with or contact Conciliation within 10 days after filing the initial complaint.
Within ten (10) days of filing an initial complaint in a domestic-relations matter involving children, the filing party shall be required to register with or contact Conciliation.
Page 1 | B. Register With Conciliation
Written objections to the agreement must be sent to the mediator or facilitator within 21 days from the date of the notice.
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 of any written objections to the terms of the agreement.
Page 1 | M. Written Agreements and Objections
The parent education class must be completed within 30 days after registering with or contacting Conciliation unless an extension is granted, and a case-specific court deadline may require earlier completion.
Completion of the class is required within 30 days of registering with or contacting Conciliation unless an extension is granted. However, be aware that any court deadline in your specific case may require sooner completion.
Page 1 | C. Parent Education Classes
Attorneys and self-represented litigants must notify Conciliation of a court-ordered mediation and provide all necessary party information within five business days.
The attorneys or self-represented litigants shall notify Conciliation when mediation has been ordered by the Court and shall provide Conciliation with all necessary party information within five (5) business days.
Page 1 | L. Judicial Orders to Mediate
The party served must register with or contact Conciliation within 10 days after service of process.
Within ten (10) days of service of process, the party served shall likewise be required to register with or contact Conciliation as described above.
Page 1 | B. Register With Conciliation
Before judgment, a party in default may seek to file the pleading upon motion, notice, and a showing of good cause, within the time and on the terms set by the court.
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.
Page 1 | D. Pleadings In Default
A party granted leave to amend who misses the court's time limit is considered to have elected to stand on the former pleading.
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.
Page 1 | E. Amendments to Pleadings
Deadlines in this section exclude Saturdays, Sundays, and the statute-defined nonjudicial days.
The deadlines within this section exclude Saturdays, Sundays, and nonjudicial days as defined by Neb. Rev. Stat. § 25-2221 (Cum. Supp. 2024).
Page 1 | D. Temporary Support and Allowances
Service and Proof of Service Rules
Non-impeaching and non-rebuttal documentary evidence must be presented to the court reporter before trial and shown to the opposing party for inspection.
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.
Page 1 | B. Documentary Exhibits
Exhibits and affidavits must be submitted to the Court and opposing parties at least 48 hours before the hearing.
Exhibits and affidavits shall be submitted to the Court, and to any opposing parties, at least forty-eight (48) hours prior to the hearing.
Page 1 | C. Exhibits And Affidavits Submitted In Digital Format. Limits
For public-office records offered as evidence or marked for a pretrial conference, the offering party must furnish true copies to the court reporter and opposing counsel before the offer.
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.
Page 1 | A. Public Records As Exhibits
Timely notice of the hearing must be served on the opposing party.
Timely notice of said hearing shall be served on the opposing party.
Page 1 | B. Motions
A party moving to compel disclosure or discovery must give notice to the other parties and all affected persons.
On notice to other parties and all affected persons, a party may move for an order compelling disclosure or discovery.
Page 1 | B. Motions — 4. Motions to Compel
If a party’s indigence is at issue such that the county may be ordered to pay a guardian ad litem’s fees and costs, the guardian must serve the fee application and hearing notice on the County Attorney, who may appear or file a written waiver.
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.
Page 1 | B. Payment for Court-Appointed Guardian Ad Litem
A copy of the exceptions must be served on the opposing party and counsel.
A copy of the Exceptions shall be served upon the opposing party and counsel.
Page 1 | A. Child Support Referee Exceptions
The moving party must provide supporting affidavits to opposing counsel or the unrepresented non-moving party at least forty-eight hours before the hearing.
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.
Page 1 | D. Temporary Support and Allowances
The non-moving party must provide responsive affidavits to the moving party or counsel within twenty-four hours before 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.
Page 1 | D. Temporary Support and Allowances
When a proposed scheduling order is not timely submitted, the District Court Administrator must notify each party by mail or email.
If a PSO is not submitted within four (4) months, the District Court Administrator shall give notice by mail or email to each party that, within thirty (30) days from the date of the notice, the matter will be dismissed unless a PSO is submitted to the District Court Administrator.
Civil cases
Page 1 | A. Case Progression Standards
Except for statutory ex parte relief, the court may decline to consider an affidavit that was not exchanged in compliance with these guidelines.
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.
Page 1 | D. Temporary Support and Allowances
Filing Fees and Waivers
Court costs are payable when an action is commenced and when additional costs accrue, except in criminal cases and proceedings with an order granting in forma pauperis status.
Except for criminal cases and proceedings wherein an order sustaining an affidavit to proceed in forma pauperis is filed, court costs shall be paid when actions are commenced and thereafter when liability for additional costs accrues.
Page 1 | F. Costs
An attorney or self-represented litigant must immediately pay costs incurred at their request upon receiving the clerk's statement of fees.
An attorney or self-represented litigant is responsible to the Clerk of the District Court for costs incurred at the attorney's or self-represented litigant's request and shall immediately pay the same upon receipt of the Clerk's statement of such fees.
Page 1 | F. Costs
Courtesy Copy Requirements
When filing a brief under Neb. Ct. R. § 6-1505, the party must simultaneously email an electronic copy to the judge’s bailiff and deliver a hard copy to the judge.
When a party files a brief with the Clerk of the District Court pursuant to Neb. Ct. R. § 6-1505, the party shall simultaneously e-mail an electronic copy of the brief to the judge’s bailiff and deliver a hard copy of the brief to the judge.
Page 1 | Rule 4-5. Briefs
The party filing exceptions must promptly deliver one copy to the assigned courtroom.
The party filing the exceptions shall promptly deliver a copy of the exceptions to the courtroom to which the matter has been assigned.
Page 1 | A. Child Support Referee Exceptions
Sealing & Redaction Procedures
Publicly filed documents must not contain complete vehicle identification numbers, account numbers, Social Security numbers, dates of birth, or other personal identification information.
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.
Page 1 | C. Confidential Information
Pre-Motion Conference Requirements
A motion to compel must include a certification that the movant in good faith conferred or attempted to confer to obtain disclosure or discovery without court action.
The motion must include a certification that the movant has in good faith conferred or attempted to confer with the person or party failing to make disclosure or discovery in an effort to obtain it without court action.
Page 1 | B. Motions — 4. Motions to Compel
Before filing the specified modification or enforcement pleadings, the filing party must register for a second-level class, complete an approved required class, and participate in re-mediation unless excused under Part I.
Before filing a Complaint to Modify (Parenting Plan); an Application for Order to Show Cause (Parenting Plan); or a Motion to Enforce Parenting Time, Visitation, or Other Access Orders, the filing party shall: 1. Register with Conciliation. Register with Conciliation by going to https://www.dc4dc.com/conciliation-a-mediation/parenting-program-sign-up to register for a 2nd Level Parent Education Class or, if taking a different approved 2nd Level Parent Education Class, contact Conciliation at 402-444-7169 to provide current address, telephone number, and e-mail. Any questions can be directed to Conciliation at this phone number. Additional details on this process and its requirements are contained in the Conciliation Policies is available online at https://www.dc4dc.com/conciliation-a-mediation. 2. Complete an approved and required 2nd Level Parent Education Class. 3. Participate in re-mediation as described in the Conciliation Policies available online at https://www.dc4dc.com/conciliation-a-mediation, unless excused under Part I of this Rule, below.
Page 1 | H. Re-mediation Requirements for Modifications
Adjournment & Extension Requirements
If a continuance motion or application does not show that it is agreed upon, it must be set for hearing like any other motion.
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.
Page 1 | B. Motions — 3. Continuances Or Additional Time To Plead
A continuance may not be granted by an ex parte order.
No order granting a continuance shall be made ex parte.
Page 1 | B. Motions — 3. Continuances Or Additional Time To Plead
A stipulation for a continuance requires court approval.
Stipulations for continuances shall be subject to the approval of the court.
Page 1 | B. Motions — 3. Continuances Or Additional Time To Plead
A continuance request must state its reasons and be filed before the time set for the matter.
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.
Page 1 | B. Motions — 3. Continuances Or Additional Time To Plead
No more than one continuance may be granted unless unusual circumstances require otherwise.
Except where unusual circumstances require, no more than one continuance may be granted.
Page 1 | B. Motions — 3. Continuances Or Additional Time To Plead
Chambers Communication Rules
When filing a motion or similar filing requiring a hearing, the party must obtain a hearing date from the assigned judge or, in the specified circumstances, the judge's office staff.
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.
Page 1 | B. Motions
Upon receiving notice of a County Court appeal, the prosecutor must notify the District Court Clerk of the title and case number of any qualifying previously filed appeal.
On receiving notice of appeal from County Court, the prosecutor shall notify the Clerk of the District Court of the case title and case 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 case number of the previously filed appeal by the different defendant, but involving the same incident.
Page 1 | D. Criminal Appeal Companion Cases
A party taking a different approved basic-level parent education class must contact Conciliation by phone with current contact information, and questions may be directed to that number.
Register with Conciliation by going to https://www.dc4dc.com/conciliation-a-mediation to register for a basic level parenting class, or, if taking a different approved basic level parent education class, contact Conciliation at 402-444-7169 to provide current address, telephone number, and e-mail. Any questions can be directed to Conciliation at this phone number.
Page 1 | B. Register With Conciliation
During jury deliberations, counsel and self-represented litigants must keep the court informed of their location and remain available on short notice, personally or by telephone, as ordered.
During jury deliberations, counsel and self-represented litigants 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.
Page 1 | A. Availability of Party or Counsel During Jury Deliberations
The party who called or arranged for a witness to appear must ensure the witness’s attendance is registered with the Clerk of the District Court.
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 District Court.
Page 1 | D. Witness Fees
A judge from outside the District may be called only with the presiding judge’s approval, and requests for outside assistance must go through the presiding 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.
Page 1 | A. Outside Judge