Fifth Judicial District Court, Nebraska Document Filing Requirements

CRITICALCivil cases

Applies to

Property statement

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.

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.

CRITICALCivil cases

Applies to

Child custody order

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.

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.

CRITICALCivil cases

Applies to

Property statement

The property statement must include the VIN number for automobiles and other vehicles.

(Must include VIN number)

CRITICAL

Applies to

Correspondence

If the court must transmit papers in response to correspondence, preaddressed, stamped envelopes must accompany the correspondence.

If the correspondence requires the court's transmittal of papers, preaddressed, stamped envelopes shall be provided with the correspondence to the court.

CRITICALCivil cases

Applies to

Proposed order

A proposed order granting a child support deviation must include supporting factual findings, completed worksheet 5, or both.

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.

CRITICALCivil cases

Applies to

Opposing summary judgment brief

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.

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.

CRITICAL

Applies to

Motion or certificate of readiness for trial

Covered motions and trial-readiness certificates must include a reasonable time estimate, and hearings and trials will not be scheduled until estimates are provided.

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.

CRITICAL

Applies to

Notice of hearing

The moving party’s hearing notice must clearly state that the hearing will be held by telephone conference call.

(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.

CRITICALCivil cases

Applies to

Property statement

Each party must complete the Property Statement before a final hearing or trial can be scheduled.

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).

CRITICAL

Applies to

Stipulation or agreement

Stipulations not made in open court or chambers and recorded by the reporter, and all agreements of counsel or parties, must be written, signed by the parties making them, and filed with the clerk to be recognized or considered by the court.

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.

CRITICALCivil cases

Applies to

Guardian ad litem fee waiver application

A guardian ad litem fee waiver application must include a completed affidavit of indigence on the Supreme Court-prescribed form.

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.

CRITICALCivil cases

Applies to

Ex parte order

An ex parte order in a domestic relations case must be supported by at least one affidavit from a party or the party’s witnesses.

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.

CRITICALCivil cases

Applies to

Property statement

The property statement must provide the address of real estate.

(Give address)

CRITICALCivil cases

Applies to

Summary judgment brief

Both the moving party and the opposing party must submit a brief supporting or opposing a summary-judgment motion.

Both the moving party and opposing party shall submit a brief in support of or opposition to a motion for summary judgment.

CRITICALCivil cases

Applies to

Property statement

The form must list all marital assets and liabilities separately.

This form is intended to list all assets and liabilities of your marriage. Assets and debts are listed separately on the form.

CRITICALCivil cases

The document must be executed before a Notary Public, the Clerk, or a Deputy Clerk.

This document is to be executed in front of a Notary Public or the Clerk or Deputy Clerk.

CRITICAL

Applies to

Motion for fees

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.

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.

CRITICAL

Applies to

Motion for fees

Court-appointed counsel must file a positively verified fee motion itemizing the time and expenses spent before the payment claim can be allowed.

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.

CRITICALCivil cases

Applies to

Parenting plan

For cases involving the specified parenting issues, the rule required submission of a parenting plan for court approval before July 1, 2010.

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.

CRITICAL

Applies to

Formal journal entry order judgment or decree

The party assigned by the court must promptly prepare the formal journal entry, order, judgment, or decree.

It shall be the duty of the party assigned by the court promptly to prepare a formal journal entry, order, judgment, or decree.

CRITICALCivil cases

Applies to

Moving party summary judgment brief

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.

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.

CRITICALCivil cases

Applies to

Property statement

Attach copies of applicable deeds, purchase contracts, or other documents showing each property’s legal description and label them to correspond with the E-section property entries.

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.

CRITICALCivil cases

Applies to

Motion or pleading

Motions and pleadings, except petitions, answers, and replies, must state the nature of the requested relief in the pleading’s title.

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.

CRITICALCivil cases

Applies to

Property statement

The property statement must include the account number for checking and savings accounts.

(Must include account number)

CRITICALCivil cases

Applies to

Child support guidelines calculation

When a final order sets child support, the parties must complete and submit a child support guidelines calculation to 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.

CRITICAL

Applies to

Correspondence

Correspondence to the court about pending litigation must identify the case by title, number, and county.

All correspondence with the court regarding pending litigation shall refer to the subject case by case title, number, and county.

CRITICALCivil cases

Applies to

Proposed order

Every proposed order submitted to the court must include a copy of the child support guidelines calculation.

A copy of said child support guidelines calculation shall be attached to every proposed order submitted to the court.

CRITICALCivil cases

Applies to

Property statement

When property division is involved, the parties must file one property statement containing the relevant property information.

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.

WARNINGCivil cases

Applies to

Property statement

Do not enter values in the column for the other spouse.

DO NOT write any values under your spouse’s column.

WARNINGCivil cases

Applies to

Property statement

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.

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.

WARNINGCivil cases

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.

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.

WARNINGCivil cases

Applies to

Property statement

Plaintiff should indicate an approximate value for the household items in Plaintiff’s value column.

In the next column, Plaintiff should indicate his/her approximate value for the item(s).

WARNINGCivil cases

Applies to

Property statement

Record the policy value in the appropriate column.

Record the value of the policy in the appropriate column.

WARNINGCivil cases

Applies to

Property statement

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.

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.

WARNINGCivil cases

Applies to

Property statement

List items used to operate a farm or business.

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.

WARNINGCivil cases

The statement must identify the purpose of each expense in the category marked “purpose.”

List the purpose of the expense in the category marked “purpose”.

WARNINGCivil cases

The value to be listed shall be the value of the item at the time of the marriage.

The value to be listed shall be the value of the item at the time of the marriage.

WARNINGCivil cases

The statement must list items or money either Plaintiff or Defendant received as gifts or inheritance since the date 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.

WARNINGCivil cases

Applies to

Property statement

List any asset or property not already listed in another section, such as shares, contracts payable to a party, or livestock.

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.)

WARNINGCivil cases

Applies to

Property statement

List each checking, savings, or certificate-of-deposit account with its account number, value, and authorized signer(s).

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.

WARNINGCivil cases

Applies to

Property statement

For a real estate mortgage or contract, list the present balance due.

The value to be listed shall be the present balance due on such mortgage/contract.

WARNINGCivil cases

Applies to

Property statement

Complete the Property Statement as fully as possible, review it carefully, and return it to your attorney as soon as possible.

Please complete this document as completely as possible, review it carefully, and return it to your attorney as soon as possible.

WARNINGCivil cases

The statement must list items owned by either Plaintiff or Defendant on the date of the 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.

WARNINGCivil cases

The statement must list accounts with payments due to unsecured creditors by creditor name and account number.

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.

WARNINGCivil cases

The statement must list debts owed by either Plaintiff or Defendant on the date of the marriage, identifying the individual or company owed.

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.

WARNINGCivil cases

Applies to

Property statement

Use “P” or “D” to show who presently possesses each household item.

In the next column, write “P” for Plaintiff and “D” for Defendant to designate who presently has possession of the item.

WARNINGCivil cases

Applies to

Property statement

List each secured creditor by name.

Following the procedure for completing the columns set forth for Household Furnishings, described above, list, by creditor name, any secured creditors.

WARNINGCivil cases

Applies to

Property statement

Defendant should indicate an approximate value for the household items in Defendant’s value column.

In the next column, Defendant should indicate his/her approximate value for the item(s).

WARNINGCivil cases

Applies to

Property statement

For a secured debt, list the present balance of the debt.

The value to be listed shall be the present balance of the debt.

WARNINGCivil cases

Applies to

Property statement

List each loan or installment contract owed on real estate by lender and loan number.

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.