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

CRITICAL

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.

CRITICAL

Applies to

Joint property exhibit

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

CRITICAL

Service

Mail to opposing party

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.

CRITICAL

Applies to

Temporary custody affidavit

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.

CRITICAL

Applies to

Guardian ad litem report

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.

CRITICAL

Service

Mail to opposing party

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.

CRITICAL

Applies to

Temporary custody request

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.

CRITICAL

A copy of all correspondence must be sent to opposing parties.

A copy of all correspondence shall be sent to opposing parties.

CRITICAL

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.

CRITICAL

Applies to

Joint property exhibit

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.

WARNING

Applies to

Copy of rule

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.

WARNING

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.

WARNING

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;