First Judicial District Court, Nebraska
Court-Level Rules, Filing Procedures & Policies
- Rules last changed:
Limits & Logistics
Document Limits
Adjournments
- A motion for continuance must state whether the opposing party objects.
- If the opposing party does not object, the moving party must arrange a new date and time with all opposing parties and the Court as soon as practical.
- If the opposing party objects, the moving party must set the continuance motion for a hearing.
- +2 more
Request must include
- A motion for continuance must be made at least three working days before the hearing, except in exigent circumstances.
Page & Word Limits1 rule
Except for good cause shown, no more than five (5) affidavits totaling no more than fifty (50) affidavit pages (including exhibits attached thereto), will be considered by the Court at the time of the temporary hearing.
- Affidavit
- Up to 50 pages
Document Format Requirements3 rules
The joint property statement must be provided to the Court as an Excel spreadsheet.
Court's wording
When property division is contested at final hearing, the parties shall prepare a joint property statement for use as an exhibit and provide said joint property statement to the Court in the format of an Excel spreadsheet at least ten (10) days prior to the final hearing.
The property statements shall be in the format of Exhibit A attached hereto.
- Property statement
Formatting
- •Use the format of Exhibit A attached to the rule
Real estate shall be described by legal description as opposed to street address.
Document Filing Requirements32 rules
An Information in a criminal case shall have noted thereon the statute under which each count of the complaint is brought, the class of offense, and the penalty for the same.
In addition to the requirements of the Uniform District Court Rules, counsel may be permitted to withdraw from a matter upon filing an affidavit which: A. recites that the motion to withdraw and notice of hearing has been served upon the client and all parties of record and B. provides the client's last known mailing address.
Each motion must state its specific legal basis and authority; beginning with “Pursuant to . . . .” is one way to satisfy this requirement, and the Court may deny some or all requested relief for noncompliance.
Court's wording
Each and every motion shall state the specific legal basis and authority for the motion, whether it be constitutional, statutory, regulatory, case law, common law, Court rule, prior Court Order, or otherwise. As an example, this provision may be fulfilled by beginning each motion with the phrase “Pursuant to . . . .” At its discretion, the Court may determine that the motion fails to comply with this provision and deny the movant some, or all, of any requested relief.
A motion requesting a remote hearing must clearly state that the hearing will be held by telephone or videoconference.
Court's wording
Telephonic conferences or videoconferences requested by the moving party shall be arranged prior to the filing of the motion, and the motion shall clearly request that the hearing will be held by telephonic conference call or videoconference.
The party requesting a remote hearing must file notice of it.
Court's wording
Absent exigent circumstances, all remote appearances shall be arranged three (3) business days prior to the hearing, and notice shall be filed by the party requesting the hearing, together with proof of service thereof on all opposing parties.
The moving party's brief must separately state each material fact supporting summary judgment and identify the specific supporting record 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 same.
Both the moving party and opposing party shall submit a brief in support of or opposition to a motion for summary judgment.
Before court-appointed counsel's claim for payment is allowed, such attorney shall file a written motion for fees, positively verified, itemizing the time and expenses spent on the case.
All correspondence with the Court regarding pending litigation shall refer to the subject case by case title, number, and county, and a copy of such correspondence shall be sent to opposing counsel.
Requests to participate by virtual proceedings shall be made by filing a request with the Clerk at least three (3) business days in advance of the hearing.
All stipulations shall be made in open court and recorded by the reporter or reduced to writing and signed by the parties or counsel and filed with the Court.
If the motion is based upon the want of testimony by an absent witness, the affidavit shall state the substance of the witness' testimony and relate efforts which have been made to secure such testimony.
A motion to compel disclosure or discovery must include a certification of good-faith conferral or attempted conferral, or the court will not consider it.
- Document
- Discovery motion
Must include
- •Certificate of conference
Court's wording
All motions for an order compelling disclosure or discovery must include a certification that the movant has, in good faith, conferred or attempted to confer with the person or party failing to make disclosure or discovery in an effort to obtain it without court action. Motions to compel that fail to make such certification will not be considered by the Court.
To contest the support reduction, the custodial parent’s affidavit must state that the non-custodial parent lacked possession for the required period.
Court's wording
(2) The reduction shall be automatically deducted unless the custodial parent submits an affidavit within thirty (30) days after the child or children return to him or her stating that the non-custodial parent was not in the possession of the child or children for the requisite time period.
Prior to setting a case for an uncontested final hearing, the parties shall file a copy of the parenting plan with the Court.
No ex parte order shall be entered in a domestic relations case without one (1) or more supporting affidavits from a party or his or her witnesses.
(1) The order shall clearly state the time period and percentage that the non-custodial parent's child support obligation shall be reduced.
Every temporary or permanent child-custody order must substantially include the specified restriction on moving a child out of Nebraska and the requirement of a written court application and notice to the other party.
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.
Property Statements shall not be filed with the Court but proof of service shall be filed.
If the parties reach an agreement through mediation, the agreement shall be reduced to writing.
The notice must state that written objections are due within 21 days from the notice date and that objections must be specific.
Court's wording
The notice shall inform the parties and their attorneys that they have twenty-one (21) days from the date of the notice to notify the mediator or the local Mediation Services Office of any written objections to the terms of the agreement. Such objections shall be specific.
The Court’s order must advise parties and counsel of the mandatory parenting seminar, its six-month completion period, and the stated mediation, trial-delay, and domestic-violence provisions.
Court's wording
The Court shall prepare an order, for distribution by the District Court Clerk, advising the filing parties and their attorneys that attendance at an approved parenting seminar is mandatory and must be completed within six months (6) from the filing of the complaint. The order shall also advise the parties and counsel: (1) the parenting plans and visitation schedules may be referred for mediation; (2) that the trial date may be delayed until attendance at the required parent education seminar has been completed, and if required, mediation to resolve custody and/or visitation issues has been attempted; (3) that failure or refusal to participate by a party shall not delay entry of a final judgment by more than six (6) months; and (4) that domestic-violence issues may, upon consideration by the trial court, disqualify the parties from mediation.
Such an application must be accompanied by an affidavit establishing poverty.
Each party must prepare a property statement containing assets, liabilities, and other property information germane to the case.
Court's wording
Where the action involves a division of property by the Court, each party shall prepare a property statement setting forth assets, liabilities, and any other information concerning property germane to the case at bar.
The District Court Clerk shall include this order with the filing and service packets distributed by the clerk.
If the parties and counsel negotiate a Parenting Plan agreement, which agreements shall comply with the Parenting Plan Checklist, the agreement shall be forwarded to the local Mediation Services Office immediately after signing pursuant to subsection (c) below.
The responding party shall then complete the property statement by adding to it any additional property and that party's estimates of value of all property listed.
When property division is contested at final hearing, the parties shall prepare a joint property statement for use as an exhibit and provide said joint property statement to the Court in the format of an Excel spreadsheet at least ten (10) days prior to the final hearing.
It shall be the duty of the party directed by the Court to promptly prepare a proper journal entry, order, judgment, or decree. The proposed journal entry shall be submitted to opposing counsel for approval as to form and submitted to the Court for its signature within ten (10) days after entry of the decision or order.
Attorneys seeking criminal appointments must file a request letter with the county and district court clerks where their office is located.
Court's wording
(7) All active practicing attorneys who have offices located within any of the categories listed above who want appointments in criminal cases shall file a letter with such request with the clerks of the county and district court in the county in which their office is located. The clerks in such counties will then send copies of the letters to all county and district clerks within the First District for filing in those counties.
(8) No attorney will be removed from the list unless: (a) The attorney files a written request for removal with the clerks of the county and district court in the county in which their office is located, or (b) the attorney is ordered removed from the list by a judge in the First District after notice and opportunity for hearing.
(10) It is the intent of this rule that a practicing attorney need only file his/her request for criminal assignments once with the county and district court clerks of the county in which his/her office is located.
Filing & Service rules
Filing Timing and Cure Windows
Motions other than requests for continuances must be filed with the Clerk at least ten working days before the hearing, unless the Court authorizes otherwise.
Unless otherwise authorized by the Court, all motions, except requests for continuances, shall be filed with the Clerk not less than ten (10) working days prior to the hearing.
Page 1 | Rule 1-9. Motions and Other Filings
Remote appearances must be arranged at least three business days before the hearing, absent exigent circumstances.
Absent exigent circumstances, all remote appearances shall be arranged three (3) business days prior to the hearing
Page 1 | A. Request for remote appearance
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 1-14. Summary Judgments
The request to participate virtually must be filed at least three business days before the hearing.
Requests to participate by virtual proceedings shall be made by filing a request with the Clerk at least three (3) business days in advance of the hearing.
Page 1 | Rule 1-22. Protocol for Virtual Meetings
A response showing cause why a civil case should not be dismissed must be made within 30 days after the order is entered.
An order shall then be entered requiring that cause be shown, within thirty (30) days from entry of order, as to why said case should not be dismissed for lack of prosecution.
Page 1 | Rule 1-15. Case Progression
Parties and counsel must notify the mediator or local Mediation Services Office of written objections within 21 days from the notice date.
The notice shall inform the parties and their attorneys that they have twenty-one (21) days from the date of the notice to notify the mediator or the local Mediation Services Office of any written objections to the terms of the agreement.
Civil cases
Page 1 | I. Rule for Mediation in Domestic Relations Cases, 6.a
The joint property statement must be provided to the Court at least 10 days before the final hearing.
When property division is contested at final hearing, the parties shall prepare a joint property statement for use as an exhibit and provide said joint property statement to the Court in the format of an Excel spreadsheet at least ten (10) days prior to the final hearing.
Civil cases
Page 1 | A. Property Statements
A negotiated Parenting Plan agreement must be forwarded to the local Mediation Services Office immediately after signing.
If the parties and counsel negotiate a Parenting Plan agreement, which agreements shall comply with the Parenting Plan Checklist, the agreement shall be forwarded to the local Mediation Services Office immediately after signing pursuant to subsection (c) below.
Civil cases
Page 1 | I. Rule for Mediation in Domestic Relations Cases, 6.a
Property-statement amendments are not permitted unless filed at least 10 days before trial, except by party agreement or court order.
Except by agreement of the parties or order of the Court, amendments to the property statement shall not be permitted unless filed at least ten (10) days prior to trial.
Civil cases
Page 1 | A. Property Statements
The party filing the action must prepare the initial property statement within 60 days after filing the action.
The party filing the action shall have sixty (60) days from the date of filing to prepare, furnishing a copy to the opposing party.
Civil cases
Page 1 | A. Property Statements
The support reduction is automatically deducted unless the custodial parent submits the specified affidavit within 30 days after the child returns; if filed, a hearing determines whether the reduction is allowed.
(2) The reduction shall be automatically deducted unless the custodial parent submits an affidavit within thirty (30) days after the child or children return to him or her stating that the non-custodial parent was not in the possession of the child or children for the requisite time period. If such an affidavit is filed, a hearing shall be held to determine whether the reduction shall be allowed.
Civil cases
Page 1 | H. Reduction in Support for Periods of Parenting Time
The proposed journal entry must be submitted to opposing counsel for approval as to form and to the Court for signature within ten days after the decision or order is entered.
The proposed journal entry shall be submitted to opposing counsel for approval as to form and submitted to the Court for its signature within ten (10) days after entry of the decision or order.
Page 1 | Rule 1-3. Journal Entries
Each party appearing by video must be logged in five minutes before the hearing.
Each party appearing by video will need to be logged in 5 minutes in advance of the hearing.
Page 1 | Rule 1-22. Protocol for Virtual Meetings
Service and Proof of Service Rules
For counsel to be potentially permitted to withdraw, the motion to withdraw and notice of hearing must have been served on the client and all parties of record.
In addition to the requirements of the Uniform District Court Rules, counsel may be permitted to withdraw from a matter upon filing an affidavit which: A. recites that the motion to withdraw and notice of hearing has been served upon the client and all parties of record and B. provides the client's last known mailing address.
Page 1 | Rule 1-11. Withdrawal of Counsel
At filing, the moving party must provide notice to the opposing party.
At the time of filing, the moving party shall obtain a date for hearing from the Bailiff or Clerk, depending on local practice, and provide notice to the opposing party.
Page 1 | Rule 1-9. Motions and Other Filings
The requesting party must serve notice of the remote hearing on all opposing parties and file proof of service.
Absent exigent circumstances, all remote appearances shall be arranged three (3) business days prior to the hearing, and notice shall be filed by the party requesting the hearing, together with proof of service thereof on all opposing parties.
Page 1 | A. Request for remote appearance
All fee motions must be served on the County Attorney.
All motions for fees shall be served on the County Attorney.
Page 1 | Rule 1-19. Payment of Court-Appointed Counsel
A copy of correspondence to the Court about pending litigation must be sent to opposing counsel.
All correspondence with the Court regarding pending litigation shall refer to the subject case by case title, number, and county, and a copy of such correspondence shall be sent to opposing counsel.
Page 1 | Rule 1-7. Correspondence with Court
Notice of the order must be sent to all attorneys of record and self-represented parties.
Notice of said order shall be sent to all attorneys of record and pro se parties.
Page 1 | Rule 1-15. Case Progression
Proof of service must be filed for property statements.
Property Statements shall not be filed with the Court but proof of service shall be filed.
Civil cases
Page 1 | A. Property Statements
Responsive affidavits must be exchanged at least 24 hours before the hearing.
Responsive affidavits shall be exchanged at least twenty-four (24) hours prior to the hearing.
Civil cases
Page 1 | B. Temporary Hearing
The party filing the action must furnish the opposing party a copy of the initial property statement within the 60-day preparation period.
The party filing the action shall have sixty (60) days from the date of filing to prepare, furnishing a copy to the opposing party.
Civil cases
Page 1 | A. Property Statements
The responding party must serve its additions on the initiating party within 30 days after receiving the initial statement.
The responding party's additions shall be served upon the initiating party within thirty (30) days after the receipt of the initial statement.
Civil cases
Page 1 | A. Property Statements
Unless a party appears pro se and live testimony is required or the Court orders otherwise, evidence must be submitted by affidavits exchanged at least 48 hours before the hearing.
Except where a party appears pro se and live testimony is required, or unless otherwise ordered, evidence shall be submitted by affidavits, which shall be exchanged by the parties at least forty-eight (48) hours prior to the hearing.
Civil cases
Page 1 | B. Temporary Hearing
The mediator or local Mediation Service Office must provide the parties and their attorneys copies of the written agreement with notice of their right to object.
Copies shall be provided by the mediator or local Mediation Service Office to the parties and their attorneys, together with a notice informing the parties and their attorneys of their right to express their objections to the written agreement.
Civil cases
Page 1 | I. Rule for Mediation in Domestic Relations Cases, 6.a
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
In an indigence case, the guardian ad litem’s or attorney’s fee application and hearing notice must be served on the County Attorney.
When a guardian ad litem/attorney for the minor child makes application for payment of fees in a case involving a claim of indigence, copies of the fee application and notice of hearing shall be served upon the County Attorney, who may appear at the hearing to object to payment of the same.
Civil cases
Page 1 | D. Contested Custody
Filing Fees and Waivers
If the Court appoints a guardian ad litem or attorney for a minor, it may order the parties to deposit fees with the Court; absent a specified deadline, payment is due within 20 days, and indigent parties may apply for a waiver.
If an issue concerning custody of a minor child exists, the Court may appoint a guardian ad litem/attorney for the minor(s). In such event, the Court will order an initial deposit of fees to be paid by the parties into the Court within a specified time period. If no time period is specified by the Court, it shall be 20 days. Initial fees shall be allocated between the parties in the discretion of the Court, subject to modification and the assessment of additional fees at the time of the final hearing. Those claiming indigent status may apply to the Court for a waiver of such fee assessment.
Civil cases
Page 1 | D. Contested Custody
Sealing & Redaction Procedures
Publicly filed documents must not contain complete vehicle identification numbers, account numbers, Social Security numbers, dates of birth, or other personal identification information.
No document filed in the public record of a case shall have complete vehicle identification numbers, account numbers, Social Security numbers, dates of birth, or other personal identification information.
Civil cases
Page 1 | F. No document filed in the public record of a case shall have complete vehicle identification numbers, account numbers, Social Security numbers, dates of birth, or other personal identification information
Pre-Motion Conference Requirements
A moving party requesting a remote hearing must arrange it before filing the motion.
Telephonic conferences or videoconferences requested by the moving party shall be arranged prior to the filing of the motion, and the motion shall clearly request that the hearing will be held by telephonic conference call or videoconference.
Page 1 | A. Request for remote appearance
Before seeking an order compelling disclosure or discovery, the movant must confer or attempt to confer in good faith; the court may inquire into those efforts and deny the motion until satisfactory resolution efforts have been made.
All motions for an order compelling disclosure or discovery must include a certification that the movant has, in good faith, conferred or attempted to confer with the person or party failing to make disclosure or discovery in an effort to obtain it without court action. Motions to compel that fail to make such certification will not be considered by the Court. At any hearing on such motions, the Court may inquire of the parties what good faith efforts have been employed to resolve the discovery dispute and may deny a motion to compel until satisfactory efforts at resolution have been made.
Civil cases
Page 1 | Rule 1-23. Discovery
Adjournment & Extension Requirements
If the opposing party objects, the moving party must set the continuance motion for a hearing.
If the opposing party does object, it is the responsibility of the party filing the motion to set the motion for a continuance hearing.
Civil cases
Page 1 | Rule 1-2. Continuances
A motion for continuance must state whether the opposing party objects.
In addition to the requirements set forth in Neb. Rev. Stat. § 25-1148 (Reissue 2016), a Motion for Continuance shall set forth whether the opposing party has an objection.
Civil cases
Page 1 | Rule 1-2. Continuances
A motion for continuance must be made at least three working days before the hearing, except in exigent circumstances.
Except for exigent circumstances, a motion for a continuance shall be made at least three (3) working days prior to the hearing for which the continuance is requested.
Civil cases
Page 1 | Rule 1-2. Continuances
If the opposing party does not object, the moving party must arrange a new date and time with all opposing parties and the Court as soon as practical.
If the opposing party does not object to the continuance, the party filing the motion shall be responsible for arranging, as soon as practical, a new date and time with all opposing parties and the Court.
Civil cases
Page 1 | Rule 1-2. Continuances
A criminal case set for trial may not be continued or taken out of order unless the Court grants a written continuance motion supported by sufficient affidavits.
No criminal case set for trial will be continued or taken out of order unless a written motion for a continuance, supported by sufficient affidavits, is granted by the Court.
Page 1 | B
Either party may request an extension to file or complete property statements by written motion showing good cause.
Either party may receive an extension of time for filing or completing property statements on written motion and good cause shown.
Civil cases
Page 1 | A. Property Statements
Chambers Communication Rules
When filing a motion, the moving party must obtain a hearing date from the Bailiff or Clerk, as local practice requires.
At the time of filing, the moving party shall obtain a date for hearing from the Bailiff or Clerk, depending on local practice, and provide notice to the opposing party.
Page 1 | Rule 1-9. Motions and Other Filings
Videoconference invitations must be emailed to attorneys of record and self-represented litigants who provided an email address; recipients may forward invitations to others as needed.
Invitations to the videoconference shall be sent by e-mail to attorneys of record and any self-represented litigant who has provided an e-mail address to the Court. Invitations may be forwarded to others as needed (e.g., parties, clients, witnesses, etc.).
Page 1 | D. Initiation of Videoconference
The party requesting a telephonic conference must initiate the call and pay its expenses.
The party requesting the telephonic conference call shall be responsible for initiating the call and shall provide for all expenses of the call.
Page 1 | C. Initiation of Telephonic Conference Call
As ordered by the Court, counsel must be available on short notice, personally or by telephone, during jury deliberations if the jury returns a verdict or has a question.
Counsel will be available on short notice personally or by telephone, as ordered by the Court, during jury deliberations in the event of a verdict or a question by the jury.
Page 1 | A. Availability of Counsel During Jury Deliberations
If the case is not settled, the parties must notify the Bailiff or Clerk to schedule a pretrial.
If the case is not settled, the parties shall notify the Bailiff or Clerk for setting of a pretrial.
Civil cases
Page 1 | E. Final Hearings/Pretrial Conferences
A hearing may be held by telephone or videoconference only with the court's permission.
A matter may be heard by telephonic conference call or videoconference only by permission of the court.
Page 1 | A. Request for remote appearance
The call initiator must use equipment that provides adequate sound quality and volume; the court may require other means if sound is insufficient.
The party initiating the call shall utilize appropriate equipment and systems to ensure that all persons participating have adequate 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.
Page 1 | C. Initiation of Telephonic Conference Call
Counsel should keep the Bailiff or Clerk informed of counsel’s whereabouts throughout jury deliberations, unless excused by the Court.
The Bailiff or Clerk should be kept informed of where counsel will be at all times when the jury is deliberating, unless excused by the Court.
Page 1 | A. Availability of Counsel During Jury Deliberations
The Court should be advised at the opening of the term which jury cases are ready for trial.
The Court should be advised of jury cases which are ready for trial at the opening of the term.
Page 1 | A
If the parties have not agreed on a parenting plan, child-support calculations, or a property settlement agreement, they should contact the bailiff to schedule further hearings.
If the parties have not agreed to any of the following: parenting plan, child support calculations, or a property settlement agreement, they should contact the bailiff to schedule further hearings.
Civil cases
Page 1 | I. Rule for Mediation in Domestic Relations Cases, 6.e
The court will initiate the videoconference.
The Court will initiate the videoconference.
Page 1 | D. Initiation of Videoconference
The list of attorneys eligible for appointments is open to public inspection upon request to the clerk.
The list shall be held by the court clerk and be open for public inspection on request.
Criminal cases
Page 1 | Rule 1-20. First Judicial District Rule of Appointment of Counsel for Indigent Defendant in Criminal Cases
The list of case appointments is open to public inspection upon request to the clerk.
This list shall also be open to public inspection upon request.
Criminal cases
Page 1 | Rule 1-20. First Judicial District Rule of Appointment of Counsel for Indigent Defendant in Criminal Cases