Eleventh Judicial District Court, Nebraska
Court-Level Rules, Filing Procedures & Policies
- Rules last changed:
Limits & Logistics
Document Limits
Courtesy Copies
Joint Property Exhibit
- 1 copy • No Later Than 10 Days Before Trial
Adjournments
- A continuance motion must comply with Nebraska statutes, be set for hearing before the original trial date, and be submitted to opposing counsel before the hearing with counsel's position indicated; opposed motions are heard, while unopposed or no-argument motions may be decided without a hearing, and the court makes the final decision.
- During Modified Court Operations, only hearings the judge deems emergency may be held in person; all other cases must be continued or heard remotely.
Request must include
Communication
Phone
Page & Word Limits1 rule
Affidavits submitted on temporary custody requests shall be limited to no more than ten (10) per side and will further be limited to a total of no more than 50 pages. Tax returns and related financial records with Social Security numbers redacted will not be counted as pages.
- Affidavit
- Up to 50 pages in total
- Temporary custody motions
Document Format Requirements7 rules
All applications for protection orders pursuant to Neb. Rev. Stat. § 42-901 et seq. (Reissue 1993) shall be on the form prescribed by the court.
- Protection order application
Formatting
- •Applications must be on the form prescribed by the court
Summary judgment briefs must identify the relied-on evidence by specifying the discovery response or deposition portion by line and page.
Court's wording
The briefs shall contain a reference to the evidence submitted specifically noting the discovery response or portion of the depositions by line and page that is relied upon by that party in regard to whether or not there are material issues of fact to be decided by the trier of fact.
Any electronic evidence must be offered in a form that can be viewed by the Court AND preserved with the Court for purposes of appeal.
3. All such documents shall be the same as, or substantially similar to, the forms relating to divorce and parenting found on the Nebraska Judicial Branch Web site, http://www.supremecourt.ne.gov/district/d7/selfhelpforms.shtml?sub1.
The property exhibit must use the court-prescribed form, but another form may be used if it supplies the same information.
- Joint property exhibit
Formatting
- •A different form may be used if it supplies the same information
Court's wording
Both parties shall submit a combined exhibit listing all of the assets and liabilities of the marriage on a form prescribed by the court, a copy of which is attached to these rules. A different form than the one adopted as part of these rules may be used if the same information is supplied.
All affidavits shall be typed or printed. Affidavits submitted in cursive will not be considered.
Mark all exhibits to be offered at trial;
Document Filing Requirements30 rules
(must include acct #)
(Give address)
Include
- •Give the address
(must include vin #)
All applications for attorney's fees for appointed counsel shall be in writing listing time and expenses involved.
- Document
- Attorney fee application
Must include
- •Listing time and expenses involved
Such notice shall specify whether an interpreter is needed for one of the parties and/or one or more witnesses.
The joint property exhibit, signed by counsel and the parties, shall be filed with the clerk of the district court no less than ten (10) days before trial.
Each party must submit a separate child-support-guidelines calculation with required supporting documents and any proposed deviations and reasons at least 10 days before trial.
Court's wording
The parties shall also prepare and submit to the court no less than ten days prior to trial separate child support guidelines calculations including all supporting documents required by the guidelines. The calculation shall also include any proposed deviations from the guidelines and the reasons for the deviations.
Evidence in support of or in opposition to any temporary custody request shall be submitted by affidavit, which shall be exchanged at the hearing.
Before a covered contested case may be set for final hearing, the listed Parenting Act certificates, statements, financial affidavit, course-completion certificates, and mediator affidavit must be filed with the district court clerk.
Court's wording
1. No contested case which involves custody of, or parenting time or visitation with, any minor child or children may be set for final hearing by any attorney or self-represented party unless the following documents have been filed with the Clerk of the District Court: (a) Attorney Certificates of Providing Parenting Act Information signed by each attorney who has entered an appearance in the case or, for self-represented individuals, a verified and sworn statement from each parent that each has received and read the Nebraska Parenting Act Information brochure. (b) A completed Financial Affidavit for Child Support signed by each party. (c) Certificates of Completion of an approved Basic Level Parenting Education Course signed by each parent. (d) An affidavit signed by a qualified mediator or specialized Alternative Dispute Resolution Facilitator approved by the Nebraska Office of Dispute Resolution setting forth facts to show both parties met for at least one session lasting 2 hours or more in a good faith attempt to settle the issues relating to custody, parenting time, or visitation.
If a guardian ad litem is appointed, the guardian's report shall be filed with the court and copies given to counsel no later than ten (10) days before trial and, with the approval of the court, be updated at the time of trial.
Covered decrees must include the parties’ and affected children’s Social Security numbers, affected vehicles’ VINs, and legal descriptions of affected real estate.
Court's wording
All decrees of dissolution, separation, or property settlements referred to in decrees shall contain both parties' social security numbers and the social security numbers of the affected children. The vehicle identification numbers of all vehicles affected by the decree and the legal description of all real estate affected by the decree shall also be included.
Both parties shall submit a combined exhibit listing all of the assets and liabilities of the marriage on a form prescribed by the court, a copy of which is attached to these rules.
Counsel for each party shall submit a brief in support of or in opposition to the motion for summary judgment.
Depositions, interrogatories, and requests for production, and answers thereto, shall not be filed with any motion to compel discovery; instead, the necessary documents to establish the right to compel discovery shall be delivered to the court reporter at the hearing for marking as exhibits.
It shall be the duty of the counsel for the side in whose favor a decision is rendered or order is made to promptly prepare a journal entry or order.
A pleading or motion requiring a hearing must be filed with a notice of hearing, which may appear on the pleading or motion itself.
Court's wording
The party or counsel shall file a notice of hearing with any such pleading or motion which requires a hearing. The notice of hearing may be placed on the pleading or motion itself and, in any event, is to be served on opposing parties with the pleading or motion.
The certification shall include copies of any correspondence between counsel in regard to the discovery dispute.
If the correspondence entails the transmittal of pleadings, orders, judgments, or journal entries, pre-addressed stamped envelopes sufficient for that purpose shall be enclosed.
All correspondence with the court shall include the name, number and county of the case involved.
Any order issued to implement or enforce the Modified Court Operations shall be filed in the offices of the county and district courts affected by the modified operations and shall be entered on the journal of the courts.
Any applicant for work release shall, in the application, waive confidentiality and give permission to the sheriff to review the presentence investigation of the defendant.
The court shall prepare a pretrial order which shall include the joint property exhibit.
Appendix 1, which is attached, shall be utilized when requesting to be placed on the court-appointed attorney list.
Submit this form to each county in which you wish to be considered for court appointments.
Counsel may be permitted to withdraw by filing a motion that states the reason for withdrawal, the client’s last known mailing address, and whether a hearing is scheduled.
Court's wording
In addition to the requirements of the Uniform District Court Rules, counsel may be permitted to withdraw from a matter upon filing a motion which: A. Recites a reason for withdrawal and the motion to withdrawal has been served upon the client and all parties of the record; B. Provides the client’s last known mailing address; and C. Recites whether any hearing is currently scheduled in the case.
All proposed instructions shall be filed prior to the conference on instructions.
Submit preliminary proposed jury instructions and trial briefs;
File a witness list with the name and address of all witnesses to be called in the case in chief;
Non-parties wishing to access any video/telephonic hearing remotely may do so by written request with the Court on the attached form (Appendix 2) and compliance with these rules.
A witness may apply to the presiding Judge to prevent broadcast of their testimony, stating the reason for the request.
Court's wording
Any witness may make a request to prevent that person's testimony from being broadcast by making application to the Judge presiding over the proceeding indicating the reason the witness does not want his or her testimony broadcast.
Filing & Service rules
Filing Timing and Cure Windows
An appointed guardian ad litem’s report must be filed no later than 10 days before trial.
If a guardian ad litem is appointed, the guardian's report shall be filed with the court and copies given to counsel no later than ten (10) days before trial and, with the approval of the court, be updated at the time of trial.
Page 1 | A. CONTESTED CUSTODY
The signed joint property exhibit must be filed with the district court clerk at least 10 days before trial.
The joint property exhibit, signed by counsel and the parties, shall be filed with the clerk of the district court no less than ten (10) days before trial.
Page 1 | D. PROPERTY STATEMENT
Separate child support guidelines calculations and their required supporting documents must be submitted to the court at least 10 days before trial.
The parties shall also prepare and submit to the court no less than ten days prior to trial separate child support guidelines calculations including all supporting documents required by the guidelines.
Page 1 | D. PROPERTY STATEMENT
The proposed journal entry or order must be delivered for signature within ten days.
The proposed journal entry or order shall be delivered for signature within ten (10) days.
Page 1 | C. PRETRIAL AND POST-TRIAL MOTIONS (vi)
The filing party or counsel must obtain a hearing date on the next available motion day, or sooner if necessary.
The party or counsel so filing shall obtain a date for the hearing at the next available motion day, or sooner if necessary.
Page 1 | C. PRETRIAL AND POST-TRIAL MOTIONS (i)
A party who chooses to answer must file the answer within twenty days.
If a party chooses to answer, the answer shall be filed within twenty (20) days.
Page 1 | C. PRETRIAL AND POST-TRIAL MOTIONS (ii)
Unless the court orders otherwise, pretrial and posttrial motions or similar filings requiring a hearing must be filed at least three days before the hearing.
Unless otherwise ordered by the court, all pretrial and posttrial motions or similar filings which require a hearing shall be filed at least three days prior to the hearing.
Page 1 | C. PRETRIAL AND POST-TRIAL MOTIONS (i)
A party required to plead or plead further after a ruling on a special appearance, demurrer, or motion must do so within ten days.
Any party required to plead or plead further after a ruling on a special appearance, demurrer or motion, shall do so within ten (10) days.
Page 1 | C. PRETRIAL AND POST-TRIAL MOTIONS (ii)
Evidence for a telephone conference must be submitted to the court at least five days before the hearing.
All evidence to be adduced during any telephone conference shall be submitted to the court and to opposing counsel no less than 5 days prior to the hearing.
Page 1 | C. PRETRIAL AND POST-TRIAL MOTIONS (iii)
An application for permission to use other broadcast or recording equipment must be made at least 14 days before the scheduled hearing, and permission remains discretionary.
Upon application at least 14 days in advance of a scheduled hearing that may be broadcast, the court may permit other types of broadcast or recording equipment in the courtroom.
Page 1 | Rule 11-11. Courtroom Media Coverage
Proposed instructions must be filed before the conference on instructions.
All proposed instructions shall be filed prior to the conference on instructions.
Page 1 | D. INSTRUCTIONS
Service and Proof of Service Rules
The petitioner must submit the property exhibit to the respondent at least 30 days before trial.
The petitioner shall submit the exhibit to the respondent no less than thirty (30) days prior to trial
Page 1 | D. PROPERTY STATEMENT
Affidavits supporting or opposing a temporary custody request must be exchanged at the hearing.
Evidence in support of or in opposition to any temporary custody request shall be submitted by affidavit, which shall be exchanged at the hearing.
Page 1 | A. CONTESTED CUSTODY
Copies of an appointed guardian ad litem’s report must be given to counsel no later than 10 days before trial.
If a guardian ad litem is appointed, the guardian's report shall be filed with the court and copies given to counsel no later than ten (10) days before trial and, with the approval of the court, be updated at the time of trial.
Page 1 | A. CONTESTED CUSTODY
Temporary custody requests must be set for hearing with at least 3 days’ notice to the opposing party, except for ex parte requests involving emergency or exigent circumstances.
All requests for temporary custody, except for ex parte requests in cases with an emergency or exigent circumstances, shall be set for a hearing with not less than three (3) days' notice to the opposing party.
Page 1 | A. CONTESTED CUSTODY
The respondent must return the property exhibit to the petitioner at least 20 days before trial.
the respondent shall return it to the petitioner no less than twenty (20) days prior to trial.
Page 1 | D. PROPERTY STATEMENT
Evidence for a telephone conference must be submitted to opposing counsel at least five days before the hearing.
All evidence to be adduced during any telephone conference shall be submitted to the court and to opposing counsel no less than 5 days prior to the hearing.
Page 1 | C. PRETRIAL AND POST-TRIAL MOTIONS (iii)
Serve the notice of hearing on opposing parties with the pleading or motion; ordinary mail is sufficient unless a statute or Supreme Court rule requires otherwise.
The notice of hearing may be placed on the pleading or motion itself and, in any event, is to be served on opposing parties with the pleading or motion. The use of ordinary mail for notice of hearing shall constitute sufficient compliance with this rule except as may be otherwise required by statute or Supreme Court rule.
Page 1 | C. PRETRIAL AND POST-TRIAL MOTIONS (i)
A copy of the proposed journal entry or order must be mailed to opposing counsel or the opposing party.
Opposing counsel or party shall be mailed a copy of the proposed journal entry or order.
Page 1 | C. PRETRIAL AND POST-TRIAL MOTIONS (vi)
A copy of all correspondence must be sent to opposing parties.
A copy of all correspondence shall be sent to opposing parties.
Page 1 | Rule 11-2. Correspondence with the Court
Exhibits for a remote hearing must be provided to the Court and all other parties at least five days before the hearing.
All exhibits to be offered at remote hearings must be provided to the Court and all other parties at least five (5) days in advance of the hearing.
Page 1 | B. Rules for Video/Phone Hearings
The district court clerk must supply a copy of the rule to every protection-order applicant and respondent.
A copy of this rule shall be supplied to all applicants for and respondents to protection orders by the Clerk of the District Court.
Page 1 | E. PROTECTION ORDERS
The county attorney must be notified of specified hearings and actions involving parties with the stated connection to Nebraska or its Department of Health and Human Services.
The county attorney shall be notified of any temporary hearings, final hearings, modifications or actions to release a child support lien which involve parties who are receiving assistance from the Department of Health and Human Services or the State of Nebraska, have filed assignments to the Department of Health and Human Services or the State of Nebraska, or who have an obligation to the Department of Health and Human Services or the State of Nebraska.
Page 1 | B. IV D CASES
The withdrawal motion must be served upon the client and all parties of record before counsel may be permitted to withdraw.
A. Recites a reason for withdrawal and the motion to withdrawal has been served upon the client and all parties of the record;
Page 1 | Rule 11-14. Withdrawal of Counsel
Courtesy Copy Requirements
A copy of the joint property exhibit must be sent to the judge at least 10 days before trial.
A copy of the exhibit shall also be sent to the judge no less than ten (10) days before trial.
Page 1 | D. PROPERTY STATEMENT
Pre-Motion Conference Requirements
A discovery motion will not be heard unless the moving party certifies that opposing counsel has been contacted and a good-faith effort was made to resolve the dispute.
No motion concerning discovery will be heard by the court unless the moving party certifies that opposing counsel has been contracted and a good faith effort has been made to resolve any dispute in regard to discovery.
Page 1 | E. DISCOVERY
Adjournment & Extension Requirements
A continuance motion must comply with Nebraska statutes, be set for hearing before the original trial date, and be submitted to opposing counsel before the hearing with counsel's position indicated; opposed motions are heard, while unopposed or no-argument motions may be decided without a hearing, and the court makes the final decision.
Motions for continuances shall comply with Nebraska Statutes and be set for hearing prior to the original date for trial of the matter sought to be continued. Further, all motions for continuance shall be submitted to opposing counsel prior to any hearing. Opposing counsel shall indicate on the motion that there is no objection to the motion, that the opposing counsel objects to the motion but agrees to submit the motion without argument, or objects to the motion. If opposing counsel objects to the motion it shall be set for hearing as any other motion. If there is no objection or if opposing counsel agrees to submit the motion without argument, the court will review the motion without further hearing. The decision to grant or deny a motion for continuance rests finally with the court.
Page 1 | D. CONTINUANCES
During Modified Court Operations, only hearings the judge deems emergency may be held in person; all other cases must be continued or heard remotely.
During periods of Modified Court Operations, only hearings the judge deems to be emergency in nature shall be conducted in person. All other cases shall be continued or heard remotely.
Page 1 | During periods of Modified Court Operations
Chambers Communication Rules
A pro se party or counsel for a party needing an interpreter must notify the Clerk of the District Court at least 10 days before a hearing where a non-English-speaking party or witness will testify.
A pro se party needing an interpreter or counsel for a party needing an interpreter shall notify the Clerk of the District Court of the need for an interpreter no less than 10 days prior to any hearing at which a non-English-speaking party or witness is to testify.
Page 1 | Rule 11-12. Interpreters
Winning counsel must immediately notify the Clerk of the District Court of a judgment or decree; the file cannot be removed until the Clerk is notified, after which counsel may check it out to prepare the judgment or decree.
It shall be the duty of the counsel for the party in whose favor a judgment or decree has been entered to immediately notify the Clerk of the District Court of such judgment or decree. No file may be removed from the courthouse until the Clerk has been notified of the judgment or decree. Upon such notification the file may be checked out to counsel to allow preparation of the judgment or decree.
Page 1 | C. PRETRIAL AND POST-TRIAL MOTIONS (vi)
A party objecting to a proposed journal entry or order must contact the court and state the objection.
If there is an objection to the proposed journal entry or order, it shall be the duty of the objecting party to contact the court and state the objection.
Page 1 | C. PRETRIAL AND POST-TRIAL MOTIONS (vi)
Before checking out a court file, notify the Clerk of the District Court or a deputy clerk.
No file shall be checked out without notifying the Clerk of the District Court or a deputy clerk.
Page 1 | Rule 11-9. Court Files
Motion and pleading hearings may be held by telephone conference; the party requesting one must arrange and initiate the call and pay its expense, and no oral testimony may be presented.
All hearings on all motions or pleadings may be heard by telephone conference. The party wishing to set a motion by telephone conference shall arrange the time for the conference and shall initiate the conference call and be responsible for the expense of the call. No oral testimony may be adduced during any telephone conference.
Page 1 | C. PRETRIAL AND POST-TRIAL MOTIONS (iii)
Attorneys who no longer wish to receive court appointments must contact the County Court.
Attorneys shall also contact the County Court when they no longer wish to receive court appointments.
Criminal cases
Page 1 | IV. COURT-APPOINTED ATTORNEY LIST
Attorneys seeking court appointments must contact each relevant County Court to request placement on its court-appointed list.
Attorneys shall contact the County Court of each county in which they wish to be considered for court appointments and request to be placed on the court-appointed list.
Criminal cases
Page 1 | IV. COURT-APPOINTED ATTORNEY LIST
Immediately notify the County Court if you no longer wish to receive appointments so your name can be removed from the list.
(_____) I acknowledge that if I no longer wish to receive court appointments I will immediately notify the County Court so that my name may be removed from the appointment list.
Criminal cases
Page 1 | Request to Be Added to the Court-Appointed Attorney Lists in the 11th Judicial District
If unable to properly represent the defendant, the appointed lawyer must immediately inform the presiding judge and request permission to withdraw.
(_____) I acknowledge that I must comply with Nebraska Rules of Professional Conduct § 3-501.1, which states that a lawyer shall provide competent representation to a client. Competent representation requires the legal knowledge, skill, thoroughness, preparation, and judgment reasonably necessary for the representation. Therefore, if I feel I cannot properly represent the defendant on his/her charges, then I shall immediately inform the judge presiding over the case and request that I be allowed to withdraw from the case.
Criminal cases
Page 1 | Request to Be Added to the Court-Appointed Attorney Lists in the 11th Judicial District
Immediately notify the County Court if any information on the application changes.
(_____) I acknowledge that if any of the above information changes I shall immediately notify the County Court of any changes.
Criminal cases
Page 1 | Request to Be Added to the Court-Appointed Attorney Lists in the 11th Judicial District
During jury deliberations, counsel must be available personally or by phone as ordered by the court, and the clerk or bailiff must be notified of counsel's location unless counsel is excused.
Counsel shall be available on short notice, either personally or by phone, as ordered by the court, during jury deliberations in the event the jury has a question or verdict is reached. The clerk or bailiff shall be notified of counsel's location unless counsel is excused.
Page 1 | E. AVAILABILITY OF COUNSEL
Counsel may request that the court sign orders, judgments, or journal entries, or consider other matters, during a trial recess or at another requested time.
The court shall be available to sign any orders, judgments, journal entries, or to consider any other matter during recess in any trial or at any other time requested by counsel.
Page 1 | C. PRETRIAL AND POST-TRIAL MOTIONS (v)
Any party or counsel may apply for the court to withhold or terminate broadcast of courtroom proceedings; the decision is discretionary.
Upon application of any party or counsel, the court may determine to not broadcast courtroom proceedings or terminate the broadcast of courtroom proceedings.
Page 1 | Rule 11-11. Courtroom Media Coverage
Junior Lawyer Participation Incentives
Less experienced attorneys should have opportunities to expand their experience under supervision through assignments within their capabilities.
Less experienced attorneys shall be assigned cases which are within their capabilities, but should be given the opportunity to expand their experience under supervision.
Criminal cases
Page 1 | III. GENERAL