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

Civil cases

Applies to

Property statement

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.

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.

Civil cases

Deadline

24 hours

Applies to

Responsive affidavit

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.

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.

Applies to

Motion for fees

All fee motions must be served on the County Attorney.

All motions for fees shall be served on the County Attorney.

Civil cases

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

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.

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.

Civil cases

Deadline

48 hours

Applies to

Affidavit

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

Applies to

Mediation agreement

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

Applies to

Ex parte order

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

Applies to

Fee application

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.

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.

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.