Lancaster County District Court, Nebraska Filing Timing and Cure Windows

CRITICAL

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.

WARNING

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICALCivil cases

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.

CRITICAL

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.

CRITICAL

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.

CRITICALCivil cases

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

INFO

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.