Fifth Judicial District Court, Nebraska
Court-Level Rules, Filing Procedures & Policies
- Rules last changed:
Adjournments
- The court may continue a motion hearing upon a properly made continuance motion showing good cause.
- A party may request an extension to file or complete the property statement by written motion showing good cause.
- A motion for continuance must state whether any opposing party objects.
- +1 more
Request must include
Communication
Phone
Clerk
Document Format Requirements4 rules
The Fifth District property statement included in these rules shall be utilized by the parties. The parties may stipulate to use a computer generated spreadsheet format, which contains all information required in the property statement in these rules.
Household items need not be listed individually; the form suggests summarizing them by category.
Court's wording
List the item in the left column; please note that it is not necessary to list every single skillet, blanket, picture, book, etc. We suggest you summarize, such as: kitchen cookware $________, set of china $________, miscellaneous dishes $________, linens $________, wall hangings $________, matching sofa and chair $________, small kitchen appliances $________, jewelry $________, etc.
Exhibits intended for virtual proceedings must be delivered in paper form.
- File type
- Paper
Court's wording
Any party intending to offer an exhibit in a proceeding authorized to be conducted by virtual conferencing shall deliver the exhibit to the appropriate court representative (Court Reporter, District Court Clerk, Court Bailiff, Clerk Magistrate, Courtroom Clerk, etc.) in paper form, at least forty-eight (48) hours prior to the scheduled hearing, to permit the pre-marking of the exhibit number by the court representative.
The party initiating the call must use equipment and systems that provide adequate sound quality and volume; if the court finds them insufficient, it may require other means to complete the telephone hearing.
Court's wording
(3) The party initiating the call shall utilize appropriate equipment and systems to ensure that all persons participating have adequate sound quality and volume. If the court determines that the sound quality or volume is insufficient, the court may require the party initiating the call to utilize other means to complete the hearing by telephone.
Document Filing Requirements58 rules
Fee motions must be transmitted to and reviewed by the county attorney, who must initial and forward the claim to the court, noting any objection.
Court's wording
All motions for fees shall be transmitted to and reviewed by the county attorney. The county attorney shall note any objection to the claim and initial the claim and timely forward it to the court. If the county attorney has no objection, he or she shall initial the claim and forward it to the court.
Before court-appointed counsel’s claim for payment is allowed, such counsel shall file a written motion for fees, positively verified, itemizing the time and expenses spent on the case.
Pursuant to the District Court Rules of the Fifth Judicial District, this Property Statement is to be completed by each party before a final hearing/trial can be scheduled. See Rule 5-4 A(1).
This form is intended to list all assets and liabilities of your marriage. Assets and debts are listed separately on the form.
Attach a photocopy of applicable Deed(s), Purchase Contract(s), or other document(s), showing the legal description of each property, identifying each document as referring to E.1, E.2, etc.
This document is to be executed in front of a Notary Public or the Clerk or Deputy Clerk.
The defendant must complete the plaintiff’s property statement with additional property and value estimates, then file it within 30 days after the initial statement is filed.
Court's wording
The defendant shall then complete the property statement filed by the plaintiff by adding to it any additional property and the defendant’s estimates of the value of all property listed by the plaintiff. The defendant shall file the completed property statement and serve a copy on the plaintiff within 30 days after the plaintiff files the initial statement.
Every temporary or permanent child custody order must substantially include the specified restriction and application-and-notice requirements for moving a child out of Nebraska.
Court's wording
Every order for child custody, temporary or permanent, shall contain language substantially as follows: A party exercising custody of a minor child is ordered not to move the child outside the State of Nebraska. Anyone intending such a move must first: (1) Make written application to the court, and (2) Give notice of the application and hearing to the other party as required by law.
A proposed order granting a child support deviation must include supporting factual findings, completed worksheet 5, or both.
Court's wording
If a deviation is proposed to be granted, the proposed order shall contain specific findings of fact which support the conclusion that a deviation is warranted, a completed worksheet 5 as specified in Neb. Ct. R. § 4-203, or both.
A guardian ad litem fee waiver application must include a completed affidavit of indigence on the Supreme Court-prescribed form.
Court's wording
An application for waiver of the guardian ad litem fee assessment shall be accompanied by a completed affidavit of indigence on the same forms prescribed by the Supreme Court for applications for appointment of counsel or for leave to proceed in forma pauperis.
No ex parte order shall be entered in a domestic relations case without one or more supporting affidavits from a party or his or her witnesses.
Prior to July 1, 2010, the parties to all cases involving parenting issues as described in paragraph G shall submit a parenting plan to be approved by the court.
In all matters in which a final order includes the setting of child support, a child support guidelines calculation shall be completed by the parties and submitted to the court.
A copy of said child support guidelines calculation shall be attached to every proposed order submitted to the court.
When property division is involved, the parties must file one property statement containing the relevant property information.
Court's wording
Where the action involves a division of property, both parties shall file a single property statement setting forth assets, liabilities, and any other information concerning property germane to the case at bar.
All stipulations not made in open court or in chambers and recorded by the reporter and all agreements of counsel or parties to a suit must be reduced to writing and signed by the parties making the same and filed with the clerk, or they will not be recognized or considered by the court.
It shall be the duty of the party assigned by the court promptly to prepare a formal journal entry, order, judgment, or decree.
If the correspondence requires the court's transmittal of papers, preaddressed, stamped envelopes shall be provided with the correspondence to the court.
All correspondence with the court regarding pending litigation shall refer to the subject case by case title, number, and county.
- Document
- Correspondence
Must include
- •Case title, number, and county
The opposing party’s brief must separately state each material fact claimed to present a genuine issue and identify the supporting material by page and line.
Court's wording
The party opposing a motion for summary judgment shall set forth in its opposing brief a separate statement of each material fact as to which it is contended there exists a genuine issue to be tried and as to each shall identify the specific document, discovery response, or deposition testimony (by page and line) which is claimed to establish the fact.
Both the moving party and opposing party shall submit a brief in support of or opposition to a motion for summary judgment.
The moving party’s brief must separately state each material fact supporting the absence of a genuine issue and identify the supporting material by page and line.
Court's wording
The brief of the moving party shall contain a separate statement of each material fact supporting the contention that there is no genuine issue to be tried and as to each shall identify the specific document, discovery response, or deposition testimony (by page and line) which is claimed to establish the fact.
(Must include VIN number)
(Give address)
Include
- •Give address
(Must include account number)
The moving party’s hearing notice must clearly state that the hearing will be held by telephone conference call.
Court's wording
(2) Telephone conferences requested by the moving party shall be arranged with the clerk of the district court prior to the filing of the motion, and the notice of hearing shall clearly state that the hearing will be held by telephone conference call.
All motions and pleadings, other than the petition, answer, and reply, shall indicate in the title of the pleading the nature of the relief requested.
All motions requiring hearings and all motions to set trial dates or certificates of readiness for trial shall include a reasonable estimate of time necessary for the requested proceeding. Hearings and trials shall not be scheduled until time estimates are provided.
DO NOT write any values under your spouse’s column.
Following the procedure for completing the columns set forth for Household Furnishings, described above, list any motor vehicle, camper, boat, etc., including serial number, value, and who has current possession of the vehicle – Plaintiff, Defendant, or Joint. The value of the vehicle can be obtained by referring to a “Blue Book” used by car salesmen. If there is a name other than Plaintiff or Defendant on the title, please include this information.
In the next column, Plaintiff should indicate his/her approximate value for the item(s).
Please note that with regard to the household items, in estimating values, we suggest you use whatever you think the item would bring at a garage sale or auction, as it may be the only “real” value of a used item. Do not use replacement value or purchase price, unless the item is new.
Following the procedure for completing the columns set forth for Household Furnishings, described above, list items which would be used to operate a farm or business.
List each checking, savings, or certificate-of-deposit account with its account number, value, and authorized signer(s).
Court's wording
Following the procedure for completing the columns set forth for Household Furnishings, described above, list any checking, savings, or certificate of deposit in this section, including account numbers, the value, and who is authorized to sign – Plaintiff, Defendant, or Joint.
Please complete this document as completely as possible, review it carefully, and return it to your attorney as soon as possible.
In the next column, write “P” for Plaintiff and “D” for Defendant to designate who presently has possession of the item.
In the next column, Defendant should indicate his/her approximate value for the item(s).
In the next column, use the code provided to indicate whether the item is desired by Plaintiff or Defendant and whether it is premarital property, a gift, or an inheritance.
Record the value of the policy in the appropriate column.
List any asset or property not already listed in another section, such as shares, contracts payable to a party, or livestock.
Court's wording
Following the procedure for completing the columns set forth for Household Furnishings, described above, list any asset or property that has not been previously listed under any other section. (E.g., shares or stock, contracts payable to you, livestock, etc.)
The value to be listed shall be the present balance due on such mortgage/contract.
Following the procedure for completing the columns set forth for Household Furnishings, described above, list, by creditor name, any secured creditors.
The value to be listed shall be the present balance of the debt.
List each loan or installment contract owed on real estate by lender and loan number.
Court's wording
Following the procedure for completing the columns set forth for Household Furnishings, described above, list, by lender and loan number, any loan or installment contract for which you and/or your spouse owe on real estate.
Mark each plan as vested [V] or unvested [UV], using the stated cash-accessibility meaning.
Court's wording
Indicate in the first column whether the plan is vested [V] or unvested [UV]. Vested refers to whether or not any part of the plan is accessible for cash, if needed. You can abbreviate Vested or Unvested.
Identify the property which is secured by reference to its paragraph and line number in the assets section of this inventory.
Include in the column marked “lien on property no.” a reference to the property which secures the loan, by referring to the assets listed in this Inventory – such as C.1 (car) or B.2 (bank account).
List each owned real estate property by address and state its current possession and each party’s estimated value.
Court's wording
Following the procedure for completing the columns set forth for Household Furnishings, described above, list any real estate owned, by address. State in whose possession it is at the present time, and each party shall state the estimated value.
Following the procedure for completing the columns set forth for Household Furnishings, described above, identify each policy/plan by company name and policy number and the owner of each policy/plan.
Include in the column marked “lien on property no.” a reference to the property which secures the loan, by referring to the properties listed in Paragraph E – such as E.1, E.2.
This DOES NOT include gifts from either spouse. Gifts between spouses after the date of marriage are marital property and should be listed in the appropriate places on this statement form.
List the purpose of the expense in the category marked “purpose”.
The value to be listed shall be the value of the item at the time of the marriage.
Following the procedure for completing the columns set forth for Household Furnishings, described above, list items or money received as gifts or inheritance by Plaintiff or Defendant since the date of this marriage.
Following the procedure for completing the columns set forth for Household Furnishings, described above, list items owned by Plaintiff or Defendant on the date of this marriage.
The statement must list accounts with payments due to unsecured creditors by creditor name and account number.
Court's wording
Following the procedure for completing the columns set forth for Household Furnishings, described above, list, by creditor name and account number, any accounts on which payment is due to an unsecured creditor.
Following the procedure for completing the columns set forth for Household Furnishings, described above, list, by individual or company name, debts owed by Plaintiff or Defendant on the date of this marriage.
The value to be listed shall be the balance at the time of marriage.
Filing & Service rules
Filing Timing and Cure Windows
Court-appointed counsel must file the fee motion within 90 days after the case closes, unless good cause or excusable delay is shown.
Except for good cause shown or upon a showing of excusable delay, court-appointed counsel shall file the written motion for fees no later than 90 days after the close of the case.
Page 1 | Rule 5-17. Payment of Court-Appointed Counsel
Property statement amendments must be filed at least 10 days before trial unless the parties agree otherwise or the court orders otherwise.
Except by agreement of the parties or by order of the court, amendments to the property statement shall not be permitted unless filed at least 10 days prior to trial.
Civil cases
Page 1 | A. (2) Extensions & Pretrial Filing Deadline
The plaintiff must file the property statement within 30 days after filing the action.
The plaintiff shall have 30 days from filing the action to prepare and file the property statement and furnish a copy to the opposing party.
Civil cases
Page 1 | A. (1) Property Statements
The defendant must file the completed property statement within 30 days after the plaintiff files the initial statement.
The defendant shall file the completed property statement and serve a copy on the plaintiff within 30 days after the plaintiff files the initial statement.
Civil cases
Page 1 | A. (1) Property Statements
Assigned counsel must submit the original formal entry to the judge and mail a copy 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.
Page 1 | A. Journal Entries
In county-court appeals, any briefs must be delivered to the court no later than the last court day before oral argument.
In all appeals from the county court, the parties' briefs, if any, shall be delivered to the court and opposing counsel or parties appealing pro se not later than the last court day before oral argument.
Page 1 | Rule 5-8. Appeals
Briefs must be filed at the time of the hearing unless the court grants leave to file them later.
Briefs shall be filed at the time of hearing unless leave is granted to file thereafter.
Civil cases
Page 1 | Rule 5-13. Summary Judgments
A request for virtual conferencing must be filed with the court at least 48 hours before the scheduled hearing.
A request for virtual conferencing in any court proceeding shall be filed with the court at least forty-eight (48) hours prior to the scheduled hearing.
Page 1 | Rule 5-19. Remote Hearings
An exhibit for a virtual proceeding must be delivered in paper form to the appropriate court representative at least 48 hours before the hearing for pre-marking.
Any party intending to offer an exhibit in a proceeding authorized to be conducted by virtual conferencing shall deliver the exhibit to the appropriate court representative (Court Reporter, District Court Clerk, Court Bailiff, Clerk Magistrate, Courtroom Clerk, etc.) in paper form, at least forty-eight (48) hours prior to the scheduled hearing, to permit the pre-marking of the exhibit number by the court representative.
Page 1 | Rule 5-19. Remote Hearings
Service and Proof of Service Rules
Either party may submit a memorandum brief, but must serve a copy on the adverse party upon submission.
Either party may submit a memorandum brief and shall thereupon serve a copy thereof upon the adverse party.
Page 1 | B. Hearing
The defendant must serve a copy of the completed property statement on the plaintiff within 30 days after the initial statement is filed.
The defendant shall file the completed property statement and serve a copy on the plaintiff within 30 days after the plaintiff files the initial statement.
Civil cases
Page 1 | A. (1) Property Statements
The plaintiff must furnish the opposing party a copy of the property statement within 30 days from filing the action.
The plaintiff shall have 30 days from filing the action to prepare and file the property statement and furnish a copy to the opposing party.
Civil cases
Page 1 | A. (1) Property Statements
An issued ex parte order must be served on the opposing party or counsel forthwith.
If an ex parte order is issued, it shall be served upon the opposing party or counsel forthwith, and a temporary hearing shall be held forthwith.
Civil cases
Page 1 | C. Ex Parte Custody Orders
A temporary-relief affidavit will not be considered unless it is served on the opposing party at least 24 hours before the hearing, except for statutory ex parte relief.
No affidavit regarding temporary relief applications, other than ex parte relief allowed by statute, shall be considered by the court, unless a copy has been served on the opposing party not less than 24 hours prior to the temporary hearing.
Civil cases
Page 1 | B. Temporary Relief Affidavits
Assigned counsel must mail a copy of the formal entry 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.
Page 1 | A. Journal Entries
In county-court appeals, any briefs must be delivered to opposing counsel or pro se parties no later than the last court day before oral argument.
In all appeals from the county court, the parties' briefs, if any, shall be delivered to the court and opposing counsel or parties appealing pro se not later than the last court day before oral argument.
Page 1 | Rule 5-8. Appeals
A copy of correspondence to the court about pending litigation must be sent to all opposing parties or their attorneys.
A copy of all such correspondence shall be sent to all opposing parties or attorneys.
Page 1 | Rule 5-6. Correspondence with the Court
The party offering an exhibit in a virtual proceeding must provide its pre-marked copy to opposing counsel and self-represented litigants at least 24 hours before the hearing.
The party intending to offer an exhibit in a proceeding authorized to be conducted by virtual conferencing shall provide a copy of the exhibit, as pre-marked by the court representative, to opposing counsel and self-represented litigants, at least twenty-four (24) hours prior to the scheduled hearing.
Page 1 | Rule 5-19. Remote Hearings
The requesting party must file notice of the telephonic hearing together with proof of service on all opposing parties.
Telephone conferences requested by a party other than the moving party shall be arranged with the clerk at least 3 business days prior to the hearing, and notice shall be filed by the party requesting the telephonic hearing, together with proof of service thereof on all opposing parties.
Page 1 | A. Request for Telephone Conference Hearing.
Filing Fees and Waivers
The court may order an initial guardian ad litem fee deposit to be paid to the clerk within 20 days after the order sets the deposit.
In such event, the court also may order an initial guardian ad litem fee deposit to be paid into the clerk’s office within 20 days after the date of the order appointing the guardian ad litem and setting the initial fee deposit.
Civil cases
Page 1 | D. Guardian ad Litem Fees
A party claiming indigence may apply for waiver of an initial or final guardian ad litem fee assessment.
Parties claiming indigence may apply to the court for a waiver of the fee assessment, initial or final.
Civil cases
Page 1 | D. Guardian ad Litem Fees
Adjournment & Extension Requirements
The court may continue a motion hearing upon a properly made continuance motion showing good cause.
Hearings on motions may be continued by the court upon motion for continuance duly made with a showing of good cause therefor.
Page 1 | D. Continuances
A party may request an extension to file or complete the property statement by written motion showing good cause.
Either party may obtain an extension of the time for filing or completing the property statement on written motion for good cause shown.
Civil cases
Page 1 | A. (2) Extensions & Pretrial Filing Deadline
A motion for continuance must state whether any opposing party objects.
In addition to the requirements of Neb. Rev. Stat. § 25-1148, motions for continuance shall state whether any opposing party objects.
Civil cases
Page 1 | Rule 5-2. Continuances
A party filing a motion for continuance must arrange a new date with all opposing parties and the court as soon as practicable.
A party filing a motion for a continuance shall arrange as soon as practicable a new date with all opposing parties and the court.
Civil cases
Page 1 | Rule 5-2. Continuances
Chambers Communication Rules
Counsel must notify the clerk as soon as possible, and at least 10 days before a hearing, when a court interpreter is necessary.
It is the duty of counsel to notify the clerk that a court interpreter is necessary. Such notice will be given as soon as possible and in no event less than 10 days prior to hearing.
Page 1 | Rule 5-14. Interpreters
Virtual hearing participants must contact the appropriate court representative at least 24 hours before the hearing to obtain instructions and an invitation.
All parties authorized to participate in a proceeding by virtual conferencing shall contact the appropriate court representative, (Court Reporter, District Court Clerk, Court Bailiff, Clerk Magistrate, Courtroom Clerk, etc.) at least twenty-four (24) hours prior to the scheduled hearing, to obtain instructions and an invitation to participate in the proceeding by virtual conferencing.
Page 1 | Rule 5-19. Remote Hearings
The moving party must arrange the telephone conference with the district court clerk before filing the motion.
(2) Telephone conferences requested by the moving party shall be arranged with the clerk of the district court prior to the filing of the motion, and the notice of hearing shall clearly state that the hearing will be held by telephone conference call.
Page 1 | A. Request for Telephone Conference Hearing.
A party other than the moving party must arrange the telephone conference with the clerk at least three business days before the hearing.
Telephone conferences requested by a party other than the moving party shall be arranged with the clerk at least 3 business days prior to the hearing, and notice shall be filed by the party requesting the telephonic hearing, together with proof of service thereof on all opposing parties.
Page 1 | A. Request for Telephone Conference Hearing.
Court consent is required before a matter may be heard by telephone conference, unless a statute allows otherwise.
(1) Unless otherwise allowed by statute, no matter will be heard by telephone conference call unless consent is obtained from the court.
Page 1 | A. Request for Telephone Conference Hearing.
On regular motion/service days, hearing times are approximate unless the judge sets a specific time; parties must call at the appointed time and coordinate any callback with the clerk.
(2) When a matter has been assigned for telephonic hearing on a regular motion/service day, the matter will not necessarily be heard at a specific time, unless the judge specifically sets a time certain. On such days, the assignment of a hearing time is approximate and may be intermingled with other matters scheduled for hearings by personal appearance. The parties shall call at the appointed time and make arrangments with the clerk as to when to call back, if necessary. The matter will be heard at a time reasonably convenient to the court and to those parties who appear personally on motion/service days.
Page 1 | D. Initiation of Telephone Conference Call.
At the request of the judge serving the clerk's county, the clerk must maintain correspondence about pending litigation in the relevant case files.
The clerk shall maintain all correspondence with and from the court regarding pending litigation in the subject case files, if requested to do so by the judge serving the clerk's county.
Page 1 | Rule 5-6. Correspondence with the Court
Junior Lawyer Participation Incentives
Less experienced attorneys should receive cases within their capabilities and opportunities to expand their experience under supervision.
Less experienced attorneys should be assigned cases which are within their capabilities, but should be given the opportunity to expand their experience under supervision.