First Judicial District Court, Nebraska Document Filing Requirements

CRITICALCivil cases

Applies to

Affidavit

To contest the support reduction, the custodial parent’s affidavit must state that the non-custodial parent lacked possession for the required period.

(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.

CRITICALCivil cases

Applies to

Parenting plan

The parties must file a copy of the parenting plan with the Court before the case is set for an uncontested final hearing.

Prior to setting a case for an uncontested final hearing, the parties shall file a copy of the parenting plan with the Court.

CRITICALCivil cases

Applies to

Brief

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.

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.

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 (1) or more supporting affidavits from a party or his or her witnesses.

CRITICAL

Applies to

Affidavit

When a continuance motion is based on the absence of a witness's testimony, the affidavit must state the substance of that testimony and describe efforts to secure it.

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.

CRITICALCivil cases

Applies to

Child support order

A child-support order providing for a parenting-time reduction must clearly state the reduction period and percentage.

(1) The order shall clearly state the time period and percentage that the non-custodial parent's child support obligation shall be reduced.

CRITICAL

Applies to

Motion for fees

Before a claim for payment is allowed, court-appointed counsel must file a positively verified written fee motion itemizing time and expenses.

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.

CRITICALCivil cases

Applies to

Discovery motion

Must include

certificate of conference

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.

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.

CRITICAL

Applies to

Motion

A motion requesting a remote hearing must clearly state that the hearing will be held by telephone or videoconference.

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.

CRITICAL

Applies to

Virtual proceeding request

A request to participate virtually must be filed with the Clerk 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.

CRITICAL

Applies to

Motion

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.

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.

CRITICALCivil cases

Applies to

Child custody order

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.

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.

CRITICAL

Applies to

Correspondence

Must include

case number

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, and a copy of such correspondence shall be sent to opposing counsel.

CRITICALCivil cases

Applies to

Property statement

Property statements must not be filed with the Court, but proof of service must be filed.

Property Statements shall not be filed with the Court but proof of service shall be filed.

CRITICAL

Applies to

Journal entry order judgment decree

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.

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.

CRITICALCivil cases

Applies to

Mediation agreement

An agreement reached through mediation must be reduced to writing.

If the parties reach an agreement through mediation, the agreement shall be reduced to writing.

CRITICALCivil cases

Applies to

Mediation objection notice

The notice must state that written objections are due within 21 days from the notice date and that objections must be specific.

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.

CRITICALCivil cases

Applies to

Court order

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.

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.

CRITICALCriminal cases

Applies to

Information

An Information in a criminal case must identify the statute for each count, the offense class, and the penalty.

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.

CRITICALCivil cases

Applies to

Fee waiver application

An application by a person claiming indigence for waiver of the fee assessment must include an affidavit establishing poverty.

Such an application must be accompanied by an affidavit establishing poverty.

CRITICALCivil cases

Applies to

Property statement

Each party must prepare a property statement containing assets, liabilities, and other property information germane to the case.

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.

CRITICAL

Applies to

Affidavit

Counsel seeking to withdraw may be permitted to do so upon filing an affidavit that recites service of the motion and hearing notice on the client and all parties of record and provides the client's last known mailing address.

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.

CRITICALCivil cases

Applies to

Brief

Both the moving party and the opposing party must submit a brief on a motion for summary judgment.

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

Filing and service packets

The District Court Clerk must include the order in the filing and service packets distributed by the clerk.

The District Court Clerk shall include this order with the filing and service packets distributed by the clerk.

CRITICALCivil cases

Applies to

Parenting plan

A negotiated Parenting Plan agreement must comply with the Parenting Plan Checklist and 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.

CRITICALCivil cases

Applies to

Property statement

The responding party must add any additional property and estimates of value for all listed property to the statement.

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.

CRITICAL

Applies to

Stipulation

Stipulations must be made in open court and recorded, or put in writing, signed by the parties or counsel, and filed with the Court.

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.

CRITICALCivil cases

Applies to

Joint property statement

For contested property division, the parties must prepare a joint property statement for use as an exhibit and provide it to the Court as an Excel spreadsheet 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.

CRITICAL

Applies to

Notice

The party requesting a remote hearing must file notice of it.

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.

WARNINGCriminal cases

Applies to

Letter

Attorneys seeking criminal appointments must file a request letter with the county and district court clerks where their office is located.

(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.

WARNINGCriminal cases

Applies to

Written request for removal

An attorney seeking removal from the list must file a written request with the county and district court clerks where the attorney’s office is located; removal by court order requires notice and an opportunity for a hearing.

(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.

INFOCriminal cases

Applies to

Letter

An attorney need only file the request for criminal assignments once with the county and district court clerks where the attorney’s office is located.

(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.