Eleventh Judicial District Court, Nebraska Document Filing Requirements

CRITICAL

Applies to

Joint property exhibit

The joint property exhibit must be signed by counsel and the parties and 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.

CRITICAL

Applies to

Summary judgment brief

Each party's counsel must submit a brief supporting or opposing a summary judgment motion.

Counsel for each party shall submit a brief in support of or in opposition to the motion for summary judgment.

CRITICAL

Applies to

Child support guidelines calculation

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.

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.

CRITICAL

Applies to

Discovery motion

Do not file depositions, interrogatories, requests for production, or their answers with a motion to compel; deliver necessary supporting documents to the court reporter at the hearing for marking as exhibits.

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.

CRITICALCivil cases

Checking and savings account entries must include the account number.

(must include acct #)

CRITICAL

Applies to

Temporary custody evidence

Evidence supporting or opposing a temporary custody request must be submitted by affidavit.

Evidence in support of or in opposition to any temporary custody request shall be submitted by affidavit, which shall be exchanged at the hearing.

CRITICAL

Applies to

Final hearing filings

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.

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.

CRITICAL

Applies to

Journal entry or order

Counsel for the party in whose favor a decision or order is made must promptly prepare a journal entry or order.

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.

CRITICAL

Applies to

Interpreter notice

The interpreter notice must state whether an interpreter is needed for a party, one or more witnesses, or both.

Such notice shall specify whether an interpreter is needed for one of the parties and/or one or more witnesses.

CRITICALCivil cases

Real estate entries must include the address.

(Give address)

CRITICAL

Applies to

Correspondence

Correspondence transmitting pleadings, orders, judgments, or journal entries must include enough pre-addressed stamped envelopes for the transmission.

If the correspondence entails the transmittal of pleadings, orders, judgments, or journal entries, pre-addressed stamped envelopes sufficient for that purpose shall be enclosed.

CRITICALCivil cases

Automobile and other vehicle entries must include the VIN number.

(must include vin #)

CRITICAL

Applies to

Motion

A pleading or motion requiring a hearing must be filed with a notice of hearing, which may appear on the pleading or motion itself.

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.

CRITICAL

Applies to

Order

Orders implementing or enforcing Modified Court Operations must be filed in the affected county and district courts and entered on their journals.

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.

CRITICAL

Applies to

Attorney fee application

Applications for appointed-counsel attorney’s fees must be in writing and list the time and expenses involved.

All applications for attorney's fees for appointed counsel shall be in writing listing time and expenses involved.

CRITICAL

Applies to

Guardian ad litem report

If appointed, the guardian ad litem’s report must be filed and copies given to counsel by 10 days before trial; it may be updated at trial with court approval.

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.

CRITICAL

Applies to

Decree

Covered decrees must include the parties’ and affected children’s Social Security numbers, affected vehicles’ VINs, and legal descriptions of affected real estate.

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.

CRITICAL

Applies to

Correspondence

All correspondence with the court must identify the case by name, number, and county.

All correspondence with the court shall include the name, number and county of the case involved.

CRITICAL

Applies to

Joint property exhibit

Both parties must submit a combined exhibit listing all marital assets and liabilities.

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.

CRITICAL

Applies to

Discovery motion

Must include

certificate of conference

The discovery certification must include copies of correspondence between counsel about the dispute.

The certification shall include copies of any correspondence between counsel in regard to the discovery dispute.

CRITICALCriminal cases

Applies to

Work release application

A work-release application must waive confidentiality and authorize the sheriff to review the defendant’s presentence investigation.

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.

WARNING

Applies to

Proposed jury instructions

All proposed instructions must be filed before the conference on instructions.

All proposed instructions shall be filed prior to the conference on instructions.

WARNING

Applies to

Remote hearing access request

Non-parties seeking remote access to a hearing must make a written request to the Court using Appendix 2 and comply with the rules.

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.

WARNINGCriminal cases

Applies to

Court appointed list request

Requests for placement on the court-appointed attorney list must use Appendix 1.

Appendix 1, which is attached, shall be utilized when requesting to be placed on the court-appointed attorney list.

WARNING

Applies to

Pretrial order

The court’s pretrial order must include the joint property exhibit.

The court shall prepare a pretrial order which shall include the joint property exhibit.

WARNINGCriminal cases

Applies to

Court appointment application

Submit the application form to each county where you seek court appointments.

Submit this form to each county in which you wish to be considered for court appointments.

WARNING

Applies to

Preliminary proposed jury instructions

Counsel must submit preliminary proposed jury instructions at the pretrial conference.

Submit preliminary proposed jury instructions and trial briefs;

WARNING

Applies to

Witness list

At the pretrial conference, counsel must file a witness list identifying by name and address all witnesses to be called in the case in chief.

File a witness list with the name and address of all witnesses to be called in the case in chief;

WARNING

Applies to

Motion

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.

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.

INFO

Applies to

Application

A witness may apply to the presiding Judge to prevent broadcast of their testimony, stating the reason for the request.

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.