Lancaster County District Court, Nebraska
Court-Level Rules, Filing Procedures & Policies
- Rules last changed:
Limits & Logistics
Courtesy Copies
Trial Notice
- 1 copy
Adjournments
- A continuance is allowed only upon good cause shown and pursuant to Nebraska statutes, by motion or stipulation and affidavit; any motion must request a date and time certain for the court to set.
- Requests for additional time to file briefs must be supported by a showing of good cause.
Request must include
Document Format Requirements9 rules
In the interest of preserving court time at the final hearing or trial, the parties shall offer evidence in the format of Exhibit 1 (see Appendix Form 7).
the hearing will be heard on affidavit(s) only unless otherwise ordered.
Exhibits shall be in PDF format unless approved in advance by the court reporting personnel.
- File type
- Exhibits
Formatting
- •Another format requires advance approval by court reporting personnel
Exhibits or affidavits that exceed an aggregate total, often (10) pages, shall be submitted to the Court in hard copy.
- More than 10 pages
- File type
- Paper
No pleading or other document filed with the court and no exhibit used at trial shall contain a complete account number for any financial accounts or debts of any party. The same shall be redacted to the extent necessary to protect the information from misuse.
Abusive or profane language in a petition or pleading is treated as malicious and results in striking the pleading, with possible additional sanctions.
Court's wording
The inclusion of abusive or profane language in any petition or other pleading shall be considered by the court as "malicious" and result in the striking of such pleading, together with other sanctions which may include the denial or revocation of in forma pauperis status in the case and dismissal of the case.
By agreement of the parties, or as directed by the court, such information shall be identified in such a manner as the parties, counsel, the court, and the jury may be able to distinguish information between similar accounts or debts, or as may be necessary to establish relevance to the matter being litigated.
Social security numbers should not be contained in any other pleading filed with the court.
When a case is at issue and there is no progression order entered, counsel may file with the clerk of the court a Trial Notice on the form contained in the Appendix to these rules.
Document Filing Requirements31 rules
Specialized alternative dispute resolution shall not proceed unless the parties are informed of the process, including any safety protocols that will be in effect and informed consent to proceed is obtained from both parties in writing.
(1) Unless otherwise ordered by the court: (c) If the division of property/debt is at issue, each party shall submit to the court his/her proposed balance sheet (see Appendix Form 2) identifying the assets and debts, providing a value for each, and his/her proposed division.
Each party shall bring a completed Pretrial Memorandum (See Appendix Form 1) to the hearing.
Each parenting plan submitted to the court shall contain a parenting time schedule which complies with the Parenting Act and shall set out, with specificity, parenting responsibilities and cooperation.
If a deviation is proposed, pursuant to Neb. Ct. R. § 4-203, the proposed order shall contain specific findings and/or worksheet 5.
(1) Unless otherwise ordered by the court: (a) If child support is at issue, each party shall submit to the court his/her proposed child support worksheet.
A decree or order submitted for signature must end with the specified paragraph governing conflicts with incorporated attachments or documents.
Court's wording
All decrees or orders on domestic relations matters that are submitted to the court for signature must contain as the last paragraph of the decree or order the following paragraph: To the extent there is any conflict between this Decree (Order) and any attachment or other document incorporated herein by reference, the language of this Decree (Order) shall supersede and control.
Appendix Form 4 contains the minimum parenting responsibilities and cooperation language that must be incorporated into each parenting plan.
(1) Unless otherwise ordered by the court: (b) If custody or parenting time is at issue, each party shall submit to the court his/her proposed parenting plan.
In all cases in which a trial date is sought, the moving party shall state that mediation has been completed unsuccessfully. If the filing party is requesting a waiver of mediation, he/she shall state the basis for the waiver.
In cases involving custody or parenting time, the moving party shall state in the motion to set for trial that he/she has taken the parenting class required by statute and filed a certificate showing completion of the parenting class. If the filing party is requesting a waiver of said requirement, he/she shall state the basis for the waiver.
A covered Complaint to Modify or Application for Order to Show Cause must state the date mediation was held and its outcome.
Court's wording
Any party filing a Complaint to Modify regarding provisions of a Parenting Plan or an Application for Order to Show Cause relating to a Parenting Plan must state in the pleading the date mediation was held and the outcome of mediation.
In all matters in which an order includes the setting of child support, a child support guideline calculation shall be completed by the party submitting the proposed order and attached to the proposed order.
The affidavit shall require the party to list all financial resources relevant to a determination of indigence.
The order shall include the name of the attorney assigned to represent the party or shall note the office of the public defender was appointed.
Upon the hearing of a matter, the referee shall prepare, in writing, his or her findings and recommendations to the parties or their attorneys and submit a report to the court containing findings of fact and recommendations and any and all exceptions.
The exception shall be accompanied by a praecipe requesting the preparation of the bill of exceptions of the proceedings before the referee.
If it is impossible to secure a time for hearing, the motion may be filed, but a notice of hearing must be filed with a certificate of service promptly thereafter.
- Document
- Notice of hearing
Must include
- •Certificate of service
A motion requiring a hearing must be filed with a notice stating the hearing date, time, and manner, and a certificate of service.
- Document
- Notice of hearing
Must include
- •Certificate of service
Court's wording
When any motion requiring a hearing is filed, it shall be filed with a notice of hearing with a date, time, manner of hearing, and certificate of service with the Clerk of the District Court (Clerk) not less than 5 days prior to hearing, except by permission of the court.
Each specified dissolution, paternity, or child-support order must be accompanied by a separate document in the prescribed format containing the listed identifying information.
Court's wording
Accompanying and separate and distinct from each decree of dissolution of marriage, order of paternity, or other child support order or order of modification of the same shall be an accompanying document in the format provided in Neb. Ct. R. § 6-1521(B) at Appendix 3, which shall contain necessary social security numbers, gender, and birthdates of each party and any minor child affected by the order.
Any request for court records made to the clerk by an incarcerated person shall be made by motion.
Before the claim of any court-appointed guardian ad litem is allowed, such guardian ad litem shall make a written motion that complies with Neb. Ct. R. § 6-1525(D).
Before the claim of any attorney appointed by the court in a criminal matter is allowed, such attorney shall make a written application as provided in Neb. Ct. R. § 6-1525(D).
Any order entered with respect to such an application for fees, whether approving or denying the fees, along with a copy of all related applications, whether approved or denied, shall be filed by the Clerk of the District Court and recorded in JUSTICE.
The objection shall set forth with specificity the reasons for the objection and a statement of the objector's opinion of when the case will be ready for trial.
Attorneys of record shall, at filing, if known to the party, note related case titles and case numbers, and the Clerk of the District Court shall assign all related cases to the judge with the case that has the lowest case number.
This showing shall recite, additionally, the date, time and place of such conference and the name of all participants.
If permitted by the judge to whom their case has been assigned, the parties may waive a final hearing pursuant to Neb. Rev. Stat. § 42-361 (dissolution) or § 42-361.01 (separation) using the Certificates of Waiver found at Appendix Form 8.
The parties are under a continuing duty to update all information that is required to appear on the Pretrial Memorandum;
A party seeking appointed counsel as an indigent may be required to submit an affidavit under oath concerning financial resources, using the specified form.
Court's wording
A party who desires to proceed as an indigent with an attorney appointed by the court may be required to complete an affidavit under oath concerning his or her financial resources on a form consistent with Attachment A to the Comments associated with this Rule appearing in the Appendix Form 6 to these Rules.
Unless otherwise directed by the court, the parties may elect to waive oral argument and submit a case solely on the briefs. Such notice to waive oral argument shall be filed with the Clerk of the District Court and separately communicated to the judge’s bailiff at least 3 days prior to the date of hearing.
Filing & Service rules
Filing Timing and Cure Windows
Either party may file a motion to set the case for trial after the defendant files a Voluntary Appearance or Answer, or after answer day passes without a response.
After defendant has filed a Voluntary Appearance or Answer or answer day has passed without response, either party may file a motion to set the case for trial.
Page 1 | C. Motion to Set for Trial
however, no amendment may be made to a Pretrial Memorandum 5 or less days prior to trial without consent of the other party or leave of the court.
however, no amendment may be made to a Pretrial Memorandum 5 or less days prior to trial without consent of the other party or leave of the court.
Page 1 | D. Hearing on Motion to Set for Trial
A party must file any exception within 14 days of the date of the referee's Findings and Recommendations.
In all cases referred to a referee, the parties shall have the right to file an exception within 14 days of the date of the referee's Findings and Recommendations.
Civil cases
Page 1 | G. Judicial Review
The notice and certificate for a motion requiring a hearing must be filed at least five days before the hearing, unless the court permits otherwise.
When any motion requiring a hearing is filed, it shall be filed with a notice of hearing with a date, time, manner of hearing, and certificate of service with the Clerk of the District Court (Clerk) not less than 5 days prior to hearing, except by permission of the court.
Page 1 | Rule 3-2. Motions and Other Filings
A motion is deemed abandoned if its notice of hearing and certificate of service are not filed within ten days after the motion is filed.
Failure to file a notice of hearing and certificate of service within 10 days after filing a motion will be deemed an abandonment of the motion without further action by the court.
Page 1 | Rule 3-2. Motions and Other Filings
Cause must be shown within 30 days after entry of the show-cause order to avoid dismissal for want of prosecution.
An order shall then be entered requiring that cause be shown, within 30 days from the entry of said show cause order, as to why said cases shall not be dismissed for want of prosecution.
Page 1 | B
The appellee’s or respondent’s brief must be served and filed within 30 days after the appellant or petitioner serves and files their brief.
Appellee’s or Respondent’s brief must be served and filed within 30 days after the Appellant or Petitioner has served and filed briefs.
Page 1 | A. Briefs
If no bill of exceptions is requested, the appellant’s or petitioner’s brief must be served and filed within 30 days after the transcript is filed in the district court, unless the court directs otherwise.
If no request for preparation of a bill of exceptions is filed, Appellant’s or Petitioner’s briefs must be served and filed within 30 days after the transcript is filed in the district court, unless the court directs otherwise.
Page 1 | A. Briefs
The appellant’s or petitioner’s brief must be served and filed within 30 days after the bill of exceptions is filed in the district court, unless the court orders otherwise.
Appellant’s or Petitioner’s brief must be served and filed within 30 days after the date the bill of exceptions is filed in the district court as provided in Neb. Ct. R. § 6-1518.
Page 1 | A. Briefs
The appellant’s or petitioner’s reply brief must be served and filed within 10 days after the appellee or respondent serves and files their brief.
Appellant’s or Petitioner’s reply brief must be served and filed within 10 days after Appellee or Respondent has served and filed briefs.
Page 1 | A. Briefs
Notice waiving oral argument must be filed and separately communicated at least 3 days before the hearing.
Such notice to waive oral argument shall be filed with the Clerk of the District Court and separately communicated to the judge’s bailiff at least 3 days prior to the date of hearing.
Page 1 | B. Oral argument
An appointed attorney must submit a written fee application within 180 days after the case closes; a later request will be summarily denied unless supported by a good-cause affidavit submitted at that time.
The appointed attorney shall submit a written application for fees within 180 days after the close of the case. Absent a showing of good cause by affidavit at the time of submission, requests for fees submitted after 180 days shall be summarily denied by the court.
Page 1 | Rule 3-14. Payment of Court-Appointed Counsel and Guardians Ad Litem
An objection to a Trial Notice must be filed within 10 days after service of the notice.
An objection to a Trial Notice shall be filed within 10 days of the date of service of the Trial Notice.
Civil cases
Page 1 | E. Objection to Trial Notice
When a hearing time cannot be secured, the required notice and certificate must be filed promptly after the motion.
If it is impossible to secure a time for hearing, the motion may be filed, but a notice of hearing must be filed with a certificate of service promptly thereafter.
Page 1 | Rule 3-2. Motions and Other Filings
When the court acts as an appellate court, a motion to dismiss for lack of jurisdiction may be filed at any time after the appeal is docketed.
When the court is acting as an appellate court, a motion to dismiss for lack of jurisdiction may be filed at any time after an appeal has been docketed.
Page 1 | Rule 3-2. Motions and Other Filings
Service and Proof of Service Rules
For a remote proceeding, a party offering exhibits must provide them to court reporting personnel and all opposing parties timely before the hearing, unless otherwise provided by law.
For court proceedings conducted by remote technology, a party intending to offer exhibits shall provide the exhibits to the court reporting personnel and all opposing parties in a timely manner prior to the hearing, or as otherwise provided by law.
Page 1 | C. Exhibits for Remote Proceedings
For a qualifying motion under Nebraska pleading rule 6-1112(b)(6) that requires evidence beyond the pleadings, the moving party must notify the opposing party of that intention and the parties must follow summary-judgment procedures.
If a party files a motion under Neb. Ct. R. Pldg. § 6-1112(b)(6) intended to secure final disposition of the case without a trial, and the motion will require the admission of evidence beyond the pleadings, the moving party shall notify the opposing party of this intention and the parties shall follow the procedures applicable to motions for summary judgment.
Page 1 | Rule 3-2. Motions and Other Filings
Notice of a hearing must be served at least three full days before the hearing, using any method permitted by the Supreme Court rules.
Notice of said hearing shall be served at least three full days prior to said hearing. The notice may be served in any manner permitted by the rules of the Supreme Court.
Page 1 | Rule 3-2. Motions and Other Filings
Notice of the show-cause order must be mailed to the attorney of record, or to the parties if there is no attorney of record.
Notice of said order shall be sent by mail to the attorney of record, or parties, if no attorney of record.
Page 1 | B
The appellant’s or petitioner’s reply brief must be served as well as filed.
Appellant’s or Petitioner’s reply brief must be served and filed within 10 days after Appellee or Respondent has served and filed briefs.
Page 1 | A. Briefs
The appellant’s or petitioner’s brief must be served on the opposing party as well as filed, within the applicable deadline.
Appellant’s or Petitioner’s brief must be served and filed within 30 days after the date the bill of exceptions is filed in the district court as provided in Neb. Ct. R. § 6-1518.
Page 1 | A. Briefs
Notice of the hearing must be mailed or personally delivered to opposing counsel, or to the unrepresented opposing party, no later than the date the appellant’s or petitioner’s brief is served and filed.
Notice of said hearing shall be mailed or personally delivered to opposing counsel or party, if not represented by counsel, on or before the date Appellant’s or Petitioner’s brief is served and filed.
Page 1 | B. Oral argument
If no bill of exceptions is requested, the appellant’s or petitioner’s brief must be served as well as filed.
If no request for preparation of a bill of exceptions is filed, Appellant’s or Petitioner’s briefs must be served and filed within 30 days after the transcript is filed in the district court, unless the court directs otherwise.
Page 1 | A. Briefs
The appellee’s or respondent’s brief must be served as well as filed.
Appellee’s or Respondent’s brief must be served and filed within 30 days after the Appellant or Petitioner has served and filed briefs.
Page 1 | A. Briefs
A motion seeking an order requiring Lancaster County to compensate a guardian ad litem must be set for hearing, with notice to the Lancaster County Attorney as to any other party.
If the purpose of the motion is to secure an order requiring Lancaster County to compensate the guardian ad litem, the motion shall be set for hearing with notice given to the Lancaster County Attorney as it is given to any other party.
Page 1 | Rule 3-14. Payment of Court-Appointed Counsel and Guardians Ad Litem
Notice of a hearing for judgment or decree on default must be given as provided in Rule 3-2.
Notice of a hearing for judgment or decree on default shall be given as provided for in Rule 3-2.
Civil cases
Page 1 | Rule 3-4. Default Judgments - Notice
The Trial Notice must be served simultaneously on all opposing counsel of record.
The notice shall be simultaneously served on all opposing counsel of record.
Civil cases
Page 1 | D. Filing of Trial Notice
Courtesy Copy Requirements
A copy of the Trial Notice must be submitted to the assigned judge.
A copy of the Trial Notice shall be submitted to the judge to whom the case is assigned.
Civil cases
Page 1 | D. Filing of Trial Notice
Sealing & Redaction Procedures
The separate filing may not be made available without a further court order, and its image may not be reproduced in a publicly viewable location in Justice.
The separate filing shall not be made available by the parties without further court order. An image of the filing shall not be reproduced into any publicly-viewable location in Justice.
Page 1 | Rule 3-2. Motions and Other Filings
Pre-Motion Conference Requirements
Before filing a contested Parenting Plan modification complaint or related application for an order to show cause, the parties must mediate with a mutually agreed mediator, and the filing must state the mediation date and outcome.
Before filing a contested Complaint to Modify regarding provisions of a Parenting Plan or an Application for Order to Show Cause relating to a Parenting Plan, parties shall mediate by selecting a mutually agreed upon mediator. Any party filing a Complaint to Modify regarding provisions of a Parenting Plan or an Application for Order to Show Cause relating to a Parenting Plan must state in the pleading the date mediation was held and the outcome of mediation. This mediation requirement is in addition to any mediation that occurred prior to the court’s most recent Decree or Order on Modification currently in effect.
Page 1 | K. Mediation
Mediation must be completed unsuccessfully before seeking a trial date, unless a waiver is requested and its basis is stated.
In all cases in which a trial date is sought, the moving party shall state that mediation has been completed unsuccessfully. If the filing party is requesting a waiver of mediation, he/she shall state the basis for the waiver.
Page 1 | C. Motion to Set for Trial
Before seeking discovery-related relief, moving counsel—including a pro se party—must personally consult opposing counsel and make reasonable efforts to resolve the dispute; the motion must include a written showing that reports the consultation details and participants.
To curtail undue delay in the administration of justice, the court shall refuse to consider any and all motions relating to discovery, unless moving counsel, as part of the motion, makes a written showing that after personal consultation with counsel for opposing party(ies) and reasonable efforts to resolve differences, counsel are unable to reach an accord. This showing shall recite, additionally, the date, time and place of such conference and the name of all participants. As used herein, "counsel" includes parties who are acting pro se.
Page 1 | Rule 3-5. Discovery
Adjournment & Extension Requirements
A continuance is allowed only upon good cause shown and pursuant to Nebraska statutes, by motion or stipulation and affidavit; any motion must request a date and time certain for the court to set.
No continuances shall be allowed, except for good cause shown, upon motion or stipulation and affidavit, pursuant to Nebraska statutes, and any motion for a continuance shall request continuance to a date and time certain to be set by the court.
Page 1 | Rule 3-3. Continuances
Requests for additional time to file briefs must be supported by a showing of good cause.
Requests for additional time to file briefs shall be supported by a showing of good cause.
Page 1 | A. Briefs
Chambers Communication Rules
To schedule a remote proceeding, the parties must contact the appropriate court representative for instructions and, if necessary, a case-specific invitation.
To schedule a court proceeding that is to be conducted by remote technology, the parties shall contact the appropriate court representative (i.e., Bailiff, Judicial Assistant, etc.) to receive instructions and, if necessary, a case-specific invitation to participate in the court proceeding.
Page 1 | B. Scheduling Remote Proceedings
Once counsel is appointed or appears for a party, the party's filings and other communications with the court must go through counsel unless the court permits otherwise.
Once counsel is appointed by any court, or enters an appearance on behalf of a party, all filings and other communications with the court shall be through counsel, unless the court permits otherwise.
Page 1 | Rule 3-2. Motions and Other Filings
A separate hearing date must be obtained for each motion unless the judge approves otherwise, even when other motions in the case are already scheduled.
Unless approved by the judge, a hearing date must be obtained for each motion, even if motions in the same case are already scheduled.
Page 1 | Rule 3-2. Motions and Other Filings
A hearing time must be secured by contacting the judge's bailiff.
A time of hearing shall be secured by contacting the judge's bailiff.
Page 1 | Rule 3-2. Motions and Other Filings
Notice waiving oral argument must be separately communicated to the judge’s bailiff at least 3 days before the hearing.
Such notice to waive oral argument shall be filed with the Clerk of the District Court and separately communicated to the judge’s bailiff at least 3 days prior to the date of hearing.
Page 1 | B. Oral argument
When a person requests disposition of untried charges, the county attorney must promptly notify the assigned judge; if the request was made while the case was pending in county court, the judge must be notified when the case is bound over to district court.
Therefore, if a person makes a request for disposition of untried charges under either the Agreement on Detainers, Neb. Rev. Stat. § 29-759, or the provisions addressing disposition of untried charges, Neb. Rev. Stat. § 29-3801 et seq., the county attorney shall promptly notify the judge to whom the case is assigned. If the request was made while the case was pending in county court the judge shall be notified when the case is bound over to district court.
Criminal cases
Page 1 | Rule 3-17. Detainer Cases
If a question arises about whether a file or documents relating to a particular criminal case older than 20 years should be destroyed, the judge to whom the case is assigned or, if not specifically assigned to a sitting judge, then the sentencing judge's successor, should be asked about the status of the case. (If there is not a successor judge, the case should be randomly reassigned and presented to the judge to whom it is assigned.)
If a question arises about whether a file or documents relating to a particular criminal case older than 20 years should be destroyed, the judge to whom the case is assigned or, if not specifically assigned to a sitting judge, then the sentencing judge's successor, should be asked about the status of the case. (If there is not a successor judge, the case should be randomly reassigned and presented to the judge to whom it is assigned.)
Criminal cases
Page 1 | Rule 3-16. File Retention
Documents or communications a represented party submits directly to the court may be returned unfiled or forwarded unfiled to that party's counsel.
Any documents or communications submitted to the court by a party who has counsel may be (a) returned unfiled to the sending party or (b) forwarded unfiled to the sending party’s counsel.
Page 1 | Rule 3-2. Motions and Other Filings
A hearing time must be arranged by contacting the judge’s bailiff.
A time of hearing shall be secured by contacting the judge’s bailiff.
Page 1 | B. Oral argument