Eighth Judicial District Court, Nebraska Service and Proof of Service Rules

Civil cases

Applies to

Amended joint property statement

The defendant may amend and supplement the JPS, but must serve it on the plaintiff within 30 days after receiving the initial JPS; failure to do so is deemed acceptance of the initial JPS information.

The defendant may then amend the JPS and supplement it by adding additional property or debts not listed. Defendant shall serve its amended JPS upon the plaintiff within 30 days after receiving the initial JPS from the plaintiff. Failure to serve an amended JPS upon the plaintiff shall be deemed to be an acceptance of the information contained in the JPS served upon the defendant.

Civil cases

Applies to

Initial joint property statement

The plaintiff must serve the initial joint property statement on the defendant within 90 days after filing.

The plaintiff shall serve upon the defendant the initial JPS within 90 days of filing.

Civil cases

Deadline

48 hours

Applies to

Temporary relief affidavit

Affidavits for temporary relief will not be considered unless a copy is served on the opposing party or their attorney at least 48 hours before the hearing.

Affidavits for temporary relief will not be considered by the court unless a copy has been served on the opposing party or their attorney at least 48 hours prior to the temporary hearing.

Applies to

Motion

The motion and notice of hearing must be served on all other parties with proof of service, and the court may decline to hear a motion lacking the notice and proof.

The motion and a notice of hearing shall be served on all other parties and accompanied by proof of service. The court may decline to hear any motion which is not accompanied by such notice of hearing and proof of service.

Civil cases

Applies to

Rebuttal affidavit

Rebuttal affidavits must be served on the other party at least 30 minutes before the hearing.

Rebuttal affidavits shall be served upon the other party at least 30 minutes prior to the hearing.

Deadline

2 business days

For an allowed remote hearing involving only documentary evidence, the offering party must provide electronic exhibit copies to the court reporter and all other parties at least 2 business days before the hearing; noncompliance may result in the court refusing the exhibits.

(3) If a remote evidentiary hearing involving only documentary evidence is allowed, the party offering documentary evidence shall provide electronic copies of the exhibits in PDF format to the court reporter and all other parties at least 2 business days before the hearing. Failure to comply with this requirement may result in the court refusing to receive such exhibits upon offer.

Applies to

Proposed formal journal entry order judgment or decree

Service

Mail to opposing party

Assigned counsel must mail a copy of the proposed formal journal entry, order, judgment, or decree to all opposing parties or their attorneys within 7 days after the decision or ruling is announced.

Counsel assigned to prepare the proposed formal journal entry, order, judgment, or decree shall submit the original to the judge and shall mail a copy to all opposing parties or their attorneys within 7 days after announcement of the decision or ruling.

Civil cases

Applies to

Motion and notice of hearing

The moving party must serve the motion and notice of hearing on the other party at least 7 days before the hearing.

The moving party shall serve its motion and notice of hearing upon the other party at least 7 days prior to the hearing.