Lancaster County District Court, Nebraska Document Filing Requirements

CRITICALCriminal cases

Applies to

Affidavit of indigency

An affidavit of indigency must list all financial resources relevant to determining indigence.

The affidavit shall require the party to list all financial resources relevant to a determination of indigence.

CRITICAL

Applies to

Court record request

An incarcerated person must request court records from the clerk by motion.

Any request for court records made to the clerk by an incarcerated person shall be made by motion.

CRITICAL

Applies to

Motion

The written showing included with a discovery-related motion must state the conference date, time, and place, and identify all participants.

This showing shall recite, additionally, the date, time and place of such conference and the name of all participants.

CRITICAL

Applies to

Specialized alternative dispute resolution process

Specialized alternative dispute resolution may not proceed until both parties are informed about the process and applicable safety protocols and provide written informed consent.

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.

CRITICAL

Applies to

Proposed balance sheet

Unless the court orders otherwise, each party must submit a proposed balance sheet identifying assets and debts, their values, and the party’s proposed division if property or debt division is at issue.

(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.

CRITICAL

Applies to

Pretrial memorandum

Each party must bring a completed Pretrial Memorandum to the hearing on the motion to set for trial.

Each party shall bring a completed Pretrial Memorandum (See Appendix Form 1) to the hearing.

CRITICAL

Applies to

Parenting plan

Each parenting plan submitted to the court must include a Parenting Act-compliant parenting-time schedule and specify parenting responsibilities and cooperation.

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.

CRITICAL

Applies to

Guardian ad litem fee motion

A court-appointed guardian ad litem must submit a written motion complying with Neb. Ct. R. § 6-1525(D) before the claim is allowed.

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).

CRITICAL

Applies to

Proposed order

If a child support deviation is proposed under Neb. Ct. R. § 4-203, the proposed order must contain specific findings and/or Worksheet 5.

If a deviation is proposed, pursuant to Neb. Ct. R. § 4-203, the proposed order shall contain specific findings and/or worksheet 5.

CRITICAL

Applies to

Proposed child support worksheet

Unless the court orders otherwise, each party must submit a proposed child support worksheet if child support is at issue.

(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.

CRITICAL

Applies to

Decree or order

A decree or order submitted for signature must end with the specified paragraph governing conflicts with incorporated attachments or documents.

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.

CRITICAL

Applies to

Attorney fee application

A court-appointed attorney in a criminal matter must submit a written application complying with Neb. Ct. R. § 6-1525(D) before the claim is allowed.

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).

CRITICAL

Applies to

Parenting plan

Each parenting plan must incorporate the minimum parenting-responsibilities and cooperation language in Appendix Form 4.

Appendix Form 4 contains the minimum parenting responsibilities and cooperation language that must be incorporated into each parenting plan.

CRITICAL

Applies to

Fee order and related applications

The Clerk of the District Court must file and record in JUSTICE any order concerning a fee application and copies of all related applications, whether approved or denied.

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.

CRITICAL

Applies to

Proposed parenting plan

Unless the court orders otherwise, each party must submit a proposed parenting plan if custody or parenting time is at issue.

(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.

CRITICAL

Applies to

Notice of hearing

Must include

certificate of service

If a hearing time cannot be secured, the motion may be filed, but the notice and certificate of service must be filed promptly afterward.

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.

CRITICALCivil cases

Applies to

Referee report

After a hearing, the referee must prepare written findings and recommendations for the parties or their attorneys and submit a report to the court containing findings of fact, recommendations, and any exceptions.

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.

CRITICALCivil cases

Applies to

Exception

An exception must be accompanied by a praecipe requesting preparation of the bill of exceptions for the proceedings before the referee.

The exception shall be accompanied by a praecipe requesting the preparation of the bill of exceptions of the proceedings before the referee.

CRITICALCivil cases

Applies to

Trial notice objection

An objection to a Trial Notice must state specific reasons for the objection and the objector's opinion about when the case will be ready for trial.

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.

CRITICAL

Applies to

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.

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.

CRITICAL

Applies to

Motion to set for trial

A motion seeking a trial date must state that mediation was completed unsuccessfully, or state the basis for requesting a mediation waiver.

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.

CRITICAL

Applies to

Accompanying document

Each specified dissolution, paternity, or child-support order must be accompanied by a separate document in the prescribed format containing the listed identifying information.

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.

CRITICALCriminal cases

Applies to

Order for appointment of counsel

An order appointing counsel must name the assigned attorney or note that the public defender’s office was appointed.

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.

CRITICAL

Applies to

Motion to set for trial

A motion to set for trial in a custody or parenting-time case must state that the moving party completed the required parenting class and filed its completion certificate, or state the basis for requesting a 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.

CRITICALCivil cases

Applies to

Filing

At filing, attorneys of record must note known related case titles and numbers; related cases are assigned to the judge handling the case with the lowest case number.

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.

CRITICAL

Applies to

Complaint to modify or application for order to show cause

A covered Complaint to Modify or Application for Order to Show Cause must state the date mediation was held and its outcome.

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.

CRITICAL

Applies to

Proposed order

When an order sets child support, the party submitting the proposed order must complete a child support guideline calculation and attach it to the order.

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.

WARNINGCriminal cases

Applies to

Affidavit of indigency

A party seeking appointed counsel as an indigent may be required to submit an affidavit under oath concerning financial resources, using the specified form.

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.

WARNING

Applies to

Final hearing waiver

If the assigned judge permits it, the parties may waive a final hearing under the cited statutes using the Certificates of Waiver in Appendix Form 8.

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.

WARNING

Applies to

Notice to waive oral argument

Unless the court directs otherwise, the parties may waive oral argument and submit the case on the briefs, but must file notice with the Clerk and separately notify the judge’s bailiff at least 3 days before the hearing.

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.

WARNING

Applies to

Pretrial memorandum

The parties have a continuing duty to update all information required to appear on the Pretrial Memorandum.

The parties are under a continuing duty to update all information that is required to appear on the Pretrial Memorandum;