Ninth Judicial District Court, Nebraska
Court-Level Rules, Filing Procedures & Policies
- Rules last changed:
Limits & Logistics
Document Limits
Adjournments
- If sound, video, or internet access is insufficient or unavailable, the court will continue the hearing and require the parties to appear in person.
- Either party may receive an extension to file or complete the property statement upon written motion and a showing of good cause.
- Either party may receive an extension to file or complete property statements upon written motion and a showing of good cause.
- +6 more
Request must include
- A continuance motion must be made at least 3 working days before the hearing, except in exigent circumstances.
Page & Word Limits1 rule
The total number of pages for all submitted materials, including attachments, shall not exceed fifty (50) pages.
- Page limit
- Up to 50 pages
- Temporary hearing materials
Document Format Requirements1 rule
Unless otherwise ordered by the court, all pretrial and post trial motions or similar filings which require a hearing shall be in writing and shall be filed prior to hearing unless waived by opposing counsel.
Document Filing Requirements35 rules
The county attorney shall attach to the information, memorandum showing where the defendant may be served, either at his or her place of residence or place of employment, together with the name of the attorney for the defendant at preliminary hearing.
The information shall have noted thereon the statute under which each count of the complaint is brought, the class of offense, and the penalty.
If the defendant waives service of the information, he or she shall do so in writing and the waiver shall be filed with the information.
A Limited Appearance must include the client's written acceptance and a statement directing pleadings, motions, and notices to the lawyer.
Court's wording
The "Limited Appearance" shall contain (1) a written acceptance by the client setting forth the client's understanding of the scope, nature, and acceptance of the representation; and (2) a statement that all pleadings, motions, and notices should be sent to the lawyer entering the "Limited Appearance."
The certificate shall contain a statement that all future pleadings, motions, and notices should be sent directly to the pro se litigant.
If such representation is done pursuant to Neb. Ct. R. of Prof. Cond. § 3-501.2(d), the lawyer shall file a "Limited Appearance."
(MUST INCLUDE ACCOUNT NUMBERS)
(MUST INCLUDE LEGAL DESCRIPTION)
The property statement includes a sworn declaration that it completely and accurately lists the parties’ property interests and debts.
Court's wording
The undersigned (petitioner/respondent), having been duly sworn, states that the above contains a complete and accurate list of all property in which either party has any interest and a complete and accurate list of their debts.
All stipulations shall be made in open court and recorded by the reporter or reduced to writing and signed by the parties and/or counsel and filed with the court.
A party may offer no more than six (6) affidavits which include any rebuttal or reply affidavits.
(b) If division of property/debts is at issue, at final hearing each party shall submit to the court their proposed balance sheet identifying the assets and debts, providing a value for each, and their proposed division.
A final hearing or pretrial conference will not be scheduled until one completed property statement is on file.
Court's wording
(4) Failure of the defendant to timely file a property statement in accordance with these rules may result in the court's accepting the plaintiff's property statement and prevent the defendant from disputing the plaintiff's property statement after notice by the court. Final hearing or a pretrial conference will not be scheduled until one completed property statement is on file.
When an action involves property division, both parties must file a property statement in a form similar to the rule's Appendix 1 form.
Court's wording
(1) When the action involves the division of property by the court or by property settlement, both parties shall file a property statement. An acceptable form shall be a form similar to the form attached to these rules. See Appendix 1.
If custody or parenting time is at issue, before obtaining a final hearing date a party must use one of the four stated parenting-plan options: allege no plan will be offered, allege prior ODR review and approval, use the Appendix 3 model plan, or submit a proposed plan to ODR and await a successful disposition report.
Court's wording
(c) If custody or parenting time is at issue, prior to obtaining a final hearing date, a party must either: (i) Allege no parenting plan is to be offered on their behalf; (ii) Allege their parenting plan has previously been reviewed by the Office of Dispute Resolution (ODR) for Parenting Act compliance and been approved; (iii) Utilize the model parenting plan made in compliance with the Parenting Act attached as Appendix 3; or (iv) Submit their proposed parenting plan to ODR at nsc.odr@nejudicial.gov at least 3 weeks prior to pretrial hearing for ODR to review for Parenting Act compliance and await a successful disposition report from ODR regarding their parenting plan.
The court reporter preparing the transcript shall also submit an invoice for the cost of preparation to be paid from the deposit made by the litigant.
One affidavit shall be the Child Information Affidavit required by Neb. Rev. Stat. § 43-2930 which shall have attached a proposed child support calculation.
Before the claim of any court-appointed guardian ad litem is allowed, such guardian ad litem shall make a written motion pursuant to Neb. Ct. R. § 6-1525(D).
Those claiming indigence may apply to the court with an accompanying affidavit for waiver of such fee assessment.
Hearings on motions for temporary orders shall be submitted on affidavit and heard in chambers unless: (1) Otherwise ordered by the court; (2) Either party is self-represented and present for the hearing; or (3) Either party or counsel request the matter be heard in the courtroom.
(5) When property division is contested at final hearing, the parties shall prepare a combined property statement for use as an exhibit.
(3) The defendant must then complete the property statement by adding any additional property and inserting estimates of value.
(a) If child support is at issue, at final hearing each party shall submit to the court their proposed child support worksheet
Attorneys seeking appointments must request placement on each applicable county’s list and submit the registration form indicating whether they will accept misdemeanor and/or felony appointments.
Court's wording
Attorneys shall contact the County Court of each county in which they wish to be considered for court appointments, request to be placed on the court-appointed list, and indicate whether they will accept misdemeanor and/or felony appointments by completing and submitting a registration form, said form being attached as Appendix 2.
A person seeking publicly funded appointed counsel must file a notarized financial affidavit stating the defendant’s income, assets, and obligations.
Court's wording
An individual requesting an appointment of an attorney at public expense shall complete and file with the court a notarized financial affidavit provided by the clerk of the district court setting forth the defendant’s income, assets, and obligations.
Attorneys shall notify the County Court in writing when they no longer wish to receive court appointments.
Fee requests shall be verified and shall itemize the service provided, time involved, and expenses incurred.
All orders for a continuance of a hearing will specify the date and time of the rescheduled hearing.
It shall be the duty of the party directed by the court to promptly prepare a proper journal entry, order, judgment, or decree.
The proposed journal entry shall be submitted to opposing counsel or party for approval as to form and content and then submitted to the court for its signature within 14 days after the decision or order is announced.
As to all journal entries which constitute a judgment within the meaning of Neb. Rev. Stat. § 25-1301.01, the clerk shall file a certificate in the court file showing that a notice has been mailed to all parties of record or their attorneys.
All correspondence with the court regarding pending litigation shall refer to the subject case by case title, number, and county
A defendant who has been bound over on a felony charge and is represented by counsel may file a written waiver and plea of not guilty pursuant to Neb. Rev. Stat. § 29-4206.
An order of the court allowing the lawyer to withdraw is not required.
Filing & Service rules
Filing Timing and Cure Windows
The written waiver and plea must be filed at least 24 hours before the scheduled arraignment.
This waiver must be filed not less than 24 hours prior to the scheduled arraignment.
Criminal cases
Page 1 | C. Arraignment
Informations must be filed within 10 days after the defendant is bound over for trial.
Informations shall be filed within 10 days after a defendant is bound over for trial.
Criminal cases
Page 1 | A. Informations
When the representation is complete, the lawyer must file a Certificate of Completion of Limited Representation within 10 days.
When the representation is complete, the lawyer shall file within 10 days a "Certificate of Completion of Limited Representation" with the court.
Page 1 | Rule 9-11. Limited Scope Representation
Property statement amendments or changes to stated values must be filed at least 10 days before trial, unless the parties agree or the court gives special permission.
(6) Amendments to property statements or values thereon shall not be permitted unless filed at least 10 days before trial, except by agreement of the parties or special permission of the court.
Page 1 | C. Property Division and Property Statements
Under the proposed-plan option, the plan must be submitted to ODR at the stated email address at least three weeks before the pretrial hearing, and the party must await a successful disposition report.
(iv) Submit their proposed parenting plan to ODR at nsc.odr@nejudicial.gov at least 3 weeks prior to pretrial hearing for ODR to review for Parenting Act compliance and await a successful disposition report from ODR regarding their parenting plan.
Page 1 | E. Pre-Trial/Final Hearing
Affidavits intended for the temporary hearing must be provided to the court at least one working day before the hearing.
All affidavits to be offered at the temporary hearing shall be provided to the court one (1) working day prior to the hearing.
Page 1 | B. Temporary Hearings
The transcript must be prepared and filed with the district court clerk within 45 days after the deposit is paid.
(3) A transcript of the proceedings shall be prepared and filed with the clerk of the district court within forty-five (45) days of the deposit being paid. The court reporter preparing the transcript shall also submit an invoice for the cost of preparation to be paid from the deposit made by the litigant.
Page 1 | F. Child Support Referee Exception
The defendant must file the completed property statement within 90 days after the complaint is filed.
(3) The defendant's completed property statement must be filed within 90 days after the filing of the complaint and a copy furnished to the plaintiff, if self-represented, or to the plaintiff's attorney of record.
Page 1 | C. Property Division and Property Statements
The party filing the action must file a property statement within 60 days after the complaint is filed.
(2) To avoid problems in identification of specific property, the party filing the action shall have 60 days from the date of filing of the complaint to prepare and file a property statement, furnishing a copy to the defendant, if self-represented, or to defendant's attorney of record.
Page 1 | C. Property Division and Property Statements
Pretrial and post-trial motions or similar filings requiring a hearing must be filed before the hearing, unless waived by opposing counsel or otherwise ordered by the court.
Unless otherwise ordered by the court, all pretrial and post trial motions or similar filings which require a hearing shall be in writing and shall be filed prior to hearing unless waived by opposing counsel.
Page 1 | A. Pretrial and Post Trial Motions.
When a motion is overruled and further pleading is required, the pleading must be filed within 10 days unless the court orders otherwise.
When a motion is overruled and a party is required to plead further, the pleading shall be filed within 10 days unless otherwise ordered by the court.
Page 1 | A. Pretrial and Post Trial Motions.
The order must require cause to be shown within 30 days after its entry as to why the case should not be dismissed for lack of prosecution.
An order shall then be entered requiring that cause be shown, within 30 days from entry of order, as to why said case should not be dismissed for lack of prosecution.
Page 1 | C. When directed by the court, the clerk shall prepare a list of pending civil cases in which no action has been taken for 6 months prior thereto.
The proposed journal entry must be submitted to the court for signature within 14 days after the decision or order is announced.
The proposed journal entry shall be submitted to opposing counsel or party for approval as to form and content and then submitted to the court for its signature within 14 days after the decision or order is announced.
Page 1 | Rule 9-3. Journal Entries
Service and Proof of Service Rules
The clerk must send the information’s original and one copy to the sheriff for service upon the defendant.
The clerk will make two copies of the information, delivering the original and one copy to the sheriff with instructions for service upon the defendant.
Criminal cases
Page 1 | A. Informations
Exhibits for a virtual hearing must be provided electronically to the court, court reporter, and opposing parties at least 24 hours before the hearing, unless the court orders otherwise.
If exhibits are to be offered at a virtual hearing, the exhibits must be provided electronically to the court, court reporter, and all opposing parties not less than 24 hours prior to the hearing, unless otherwise ordered by the court.
Page 1 | B. Exhibits at virtual hearings
The filing party must furnish the property statement to the defendant if self-represented, or to the defendant's attorney of record.
(2) To avoid problems in identification of specific property, the party filing the action shall have 60 days from the date of filing of the complaint to prepare and file a property statement, furnishing a copy to the defendant, if self-represented, or to defendant's attorney of record.
Page 1 | C. Property Division and Property Statements
The defendant must furnish a copy of the completed property statement to the plaintiff if self-represented, or to the plaintiff's attorney of record.
(3) The defendant's completed property statement must be filed within 90 days after the filing of the complaint and a copy furnished to the plaintiff, if self-represented, or to the plaintiff's attorney of record.
Page 1 | C. Property Division and Property Statements
Notice of final hearing is required, except when service was completed by publication.
(1) In all cases notice of final hearing is required, except when service was completed by publication.
Page 1 | E. Pre-Trial/Final Hearing
The parties must exchange initial affidavits at least three working days before the temporary hearing.
Initial affidavits shall be exchanged between the parties three (3) working days prior to the temporary hearing.
Page 1 | B. Temporary Hearings
A motion seeking an order requiring a Ninth Judicial District county to compensate a guardian ad litem must be set for hearing, with notice to the county attorney as to any other party.
If the purpose of the motion is to secure an order requiring a county of the Ninth Judicial District to compensate the guardian ad litem, the motion shall be set for hearing with notice given to the county attorney of that county as it is given to any other party.
Page 1 | D. Guardian Ad Litem
At least twenty-one calendar days’ notice before the hearing constitutes prima facie proof of reasonable notice for the listed matters, unless a statute requires a longer period.
The following schedule denotes the minimum number of days prior to the date of hearing that a notice of such hearing shall be served upon a party to constitute a prima facie proof of "reasonable notice" unless a longer period is required by a specific statute; (3) Twenty-one calendar days for release of liens, modification, pretrials, final hearings in dissolution actions, temporary injunctions, permanent injunctions, or trials in civil cases.
Page 1 | B. The following schedule denotes the minimum number of days prior to the date of hearing that a notice of such hearing shall be served upon a party to constitute a prima facie proof of "reasonable notice" unless a longer period is required by a specific statute;
At least fourteen calendar days’ notice before a contempt hearing or a pretrial in a civil action constitutes prima facie proof of reasonable notice, unless a statute requires a longer period.
The following schedule denotes the minimum number of days prior to the date of hearing that a notice of such hearing shall be served upon a party to constitute a prima facie proof of "reasonable notice" unless a longer period is required by a specific statute; (2) Fourteen calendar days for contempt hearings (order to show cause and appointment of attorney) and pretrials in civil actions;
Page 1 | B. The following schedule denotes the minimum number of days prior to the date of hearing that a notice of such hearing shall be served upon a party to constitute a prima facie proof of "reasonable notice" unless a longer period is required by a specific statute;
Notice of the order must be sent to all attorneys of record and pro se parties.
Notice of said order shall be sent to all attorneys of record and pro se parties.
Page 1 | C. When directed by the court, the clerk shall prepare a list of pending civil cases in which no action has been taken for 6 months prior thereto.
Hearing notice must be mailed or personally delivered to opposing counsel or an unrepresented party; ordinary mail suffices unless a statute or Supreme Court rule specifically requires otherwise.
Notice of hearing shall be mailed or personally delivered to the opposing counsel or party, if not represented by counsel, as provided in Rule 9-7(B). The use of ordinary mail shall constitute sufficient compliance with this rule except as otherwise specifically required by statute or rule of the Supreme Court.
Page 1 | A. Pretrial and Post Trial Motions.
At least eight calendar days’ notice before the hearing constitutes prima facie proof of reasonable notice for the listed matters, unless a statute requires a longer period.
The following schedule denotes the minimum number of days prior to the date of hearing that a notice of such hearing shall be served upon a party to constitute a prima facie proof of "reasonable notice" unless a longer period is required by a specific statute; (1) Eight calendar days for all temporary hearings and restraining orders in dissolution actions, motions in civil actions, and all motions or arraignments in criminal actions;
Page 1 | B. The following schedule denotes the minimum number of days prior to the date of hearing that a notice of such hearing shall be served upon a party to constitute a prima facie proof of "reasonable notice" unless a longer period is required by a specific statute;
A copy of correspondence with the court must be provided to opposing counsel or, if the opposing party is unrepresented, to that party.
a copy of the correspondence shall be provided to the opposing counsel or party if not represented.
Page 1 | Rule 9-6. Correspondence with Court
Filing Fees and Waivers
Guardian ad litem fees are charged at the current court-appointed rate, with an initial deposit payable into court within 20 days as allocated by the court; those claiming indigence may apply with an affidavit for a fee waiver.
The guardian ad litem shall be paid at the current district court court-appointed rate. The court will order an initial deposit for fees to be paid by the parties into court within 20 days. Initial fees shall be allocated between the parties in the discretion of the court subject to modification and assessment of additional fees at the time of final hearing. Those claiming indigence may apply to the court with an accompanying affidavit for waiver of such fee assessment.
Page 1 | D. Guardian Ad Litem
A party filing an exception must deposit $100 with the district court clerk for transcript preparation when filing; remaining funds are refunded, and a person granted in forma pauperis status need not pay the deposit.
(1) A party filing an exception shall deposit the sum of $100 with the clerk of the district court for the preparation of a transcript. This deposit shall be made at the time of the filing the exception. Any amounts remaining after the preparation of the transcript shall be refunded to the depositing party. (2) Indigent persons who request, and are granted, in forma pauperis status shall not be required to pay a deposit for the preparation of the transcript.
Page 1 | F. Child Support Referee Exception
Pre-Motion Conference Requirements
Absent an emergency, parents who cannot agree on a future change to the Plan must first attempt to resolve the disagreement through a mediator, attorney, or mutually agreeable third party before seeking court intervention.
Unless an emergency exists, in the event one or both parents wish to change the terms of this Plan in the future and are unable to agree on the terms of the change, the parents must attempt to resolve their disagreements through a mediator, attorney, or mutually agreeable third-party prior to Court intervention.
Civil cases
Page 6 | Resolution of Future Disputes
Adjournment & Extension Requirements
If sound, video, or internet access is insufficient or unavailable, the court will continue the hearing and require the parties to appear in person.
If the sound and/or video quality is insufficient or the internet connection is insufficient or unavailable, the court will require the hearing to be continued and the parties to appear in person.
Page 1 | C. Insufficient sound, video, or internet connection
If the opposing party does not object, the moving party must arrange a new date and time with all opposing parties and the court as soon as practical.
If the opposing party does not object to the continuance, the party filing the motion shall be responsible for arranging, as soon as practical, a new date and time with all opposing parties and the court.
Page 1 | Rule 9-2. Continuances
Unless an order granting the continuance has issued, the parties must appear as previously ordered.
If no order granting a continuance has been issued, the parties are required to appear as previously ordered.
Page 1 | Rule 9-2. Continuances
A motion for continuance must state whether the opposing party objects.
In addition to the requirements set forth in Neb. Rev. Stat. § 25-1148, a motion for continuance shall set forth whether the opposing party has any objection.
Page 1 | Rule 9-2. Continuances
A continuance motion must be made at least 3 working days before the hearing, except in exigent circumstances.
Except for exigent circumstances, a motion for a continuance shall be made at least 3 working days prior to the hearing for which the continuance is requested.
Page 1 | Rule 9-2. Continuances
The court must approve continuance stipulations, considering the reasons given, the progression schedule, and the availability of an alternate date.
Stipulations for continuances are subject to the approval of the court based upon the reasons given, the progression schedule, and the availability of an alternate date.
Page 1 | Rule 9-2. Continuances
If the opposing party objects, the moving party must set the continuance motion for hearing.
If the opposing party does object, it is the responsibility of the party filing the motion to set the motion for hearing.
Page 1 | Rule 9-2. Continuances
Either party may receive an extension to file or complete property statements upon written motion and a showing of good cause.
Either party may receive an extension of time for filing or completing property statements on written motion and good cause shown.
Page 1 | C. Property Division and Property Statements
Either party may receive an extension to file or complete the property statement upon written motion and a showing of good cause.
Either party may receive an extension of time for filing or completing the property statement upon written motion and good cause shown.
Page 1 | C. Property Division and Property Statements
After a continuance motion is filed, the court may grant or deny it ex parte unless another party promptly requests a hearing.
Upon the filing of a motion for continuance, absent a prompt request for hearing by another party, the court may grant or deny the motion for continuance ex parte.
Page 1 | Rule 9-2. Continuances
Chambers Communication Rules
A pro se party or counsel for a party needing an interpreter must notify the bailiff at least 10 days before a hearing and specify whether the interpreter is needed for a party, a witness, or both.
It is the duty of a pro se party needing an interpreter or counsel for a party needing an interpreter to notify the bailiff not less than 10 days prior to any hearing of the need for an interpreter. It shall be specified whether an interpreter is needed for one of the parties and/or one or more witnesses.
Page 1 | Rule 9-12. Interpreters
Defense counsel must arrange a confined defendant’s virtual appearance with the bailiff at least 48 hours before the hearing.
It shall be the responsibility of counsel for the defendant to arrange the virtual appearance with the bailiff not less than 48 hours before the hearing.
Criminal cases
Page 1 | B. Virtual Appearances
For a valid and timely request to dispose of untried charges, the county attorney must promptly notify the assigned judge; if the request was made in county court, the judge must be notified when the case is bound over to district court.
Therefore, if a person makes a valid and timely request for disposition of untried charges, 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 the county court, the judge shall be notified when the case is bound over to the district court.
Criminal cases
Page 1 | G. Detainer Cases
Counsel offering evidence through a witness who requires an interpreter must notify the court at least 10 days before the hearing.
It is the duty of counsel offering evidence through a witness requiring an interpreter to notify the court not less than 10 days prior to any hearing.
Criminal cases
Page 1 | E. Interpreters
Defense counsel must notify the court of the defendant’s need for an interpreter at least 10 days before the hearing.
It is the duty of defense counsel to notify the court of the defendant's need for an interpreter not less than 10 days prior to any hearing.
Criminal cases
Page 1 | E. Interpreters
Requests to participate virtually must be made to the Bailiff or Courtroom Clerk at least 48 hours before the hearing.
Requests to participate by virtual proceedings shall be made to the Bailiff/Courtroom Clerk at least 48 hours in advance of the hearing.
Page 1 | A. Telephonic/virtual hearings
At the time of filing, the attorney must obtain a hearing date from the judge or the judge's office staff.
The attorney at the time of filing shall obtain a date for hearing from the judge or the judge's office staff.
Page 1 | A. Pretrial and Post Trial Motions.
A party or attorney who objects to the journal entry's form or content should immediately notify the court of the requested change.
Should a party or attorney object to the form or content of the journal entry, he or she should notify the court immediately of any requested change.
Page 1 | Rule 9-3. Journal Entries
The clerk or bailiff should be kept informed of counsel’s and self-represented litigants’ contact information during jury deliberations.
The clerk or bailiff should be kept informed of contact information for counsel and any self-represented litigants when the jury is deliberating.
Page 1 | A. Availability of Counsel During Jury Deliberations
Junior Lawyer Participation Incentives
Less-experienced attorneys should receive cases within their capabilities and should have the opportunity to gain experience under supervision.
Less-experienced attorneys shall be assigned cases which are within their capabilities, but should be given the opportunity to expand their experience under supervision.
Page 1 | II. Appointment of Counsel