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

Civil cases

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.

Deadline

24 hours

Applies to

Exhibit

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.

Civil cases

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.

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.

Service

Mail to opposing party

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.

Civil cases

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.

Applies to

Memorandum brief

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.

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.

Civil cases

Deadline

24 hours

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.

Applies to

Notice of hearing

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.