Lancaster County District Court, Nebraska Pre-Motion Conference Requirements

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.

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.

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.