Douglas County District Court Service and Proof of Service Rules

CRITICAL

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.

CRITICAL

Applies to

Fee application and notice of hearing

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.

CRITICAL

Timely notice of the hearing must be served on the opposing party.

Timely notice of said hearing shall be served on the opposing party.

CRITICAL

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.

CRITICAL

Deadline

48 hours

Applies to

Exhibits and affidavits

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.

CRITICAL

Deadline

48 hours

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

Deadline

24 hours

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.

WARNING

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.

WARNINGCivil cases

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.