Ninth Judicial District Court, Nebraska Document Filing Requirements

CRITICALCriminal cases

Applies to

Service memorandum

The county attorney must attach a memorandum to the information stating where the defendant may be served and the name of the defendant’s attorney at the preliminary hearing.

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.

CRITICALCivil cases

Applies to

Property statement

The property statement must include the legal description of real estate.

(MUST INCLUDE LEGAL DESCRIPTION)

CRITICAL

Applies to

Temporary hearing affidavits

A party may offer no more than six affidavits at a temporary hearing, counting rebuttal and reply affidavits.

A party may offer no more than six (6) affidavits which include any rebuttal or reply affidavits.

CRITICAL

Applies to

Stipulation

Stipulations must be made in open court and recorded, or written, signed by the parties and/or counsel, and filed with the court.

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.

CRITICAL

Applies to

Proposed balance sheet

(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.

(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.

CRITICAL

Applies to

Continuance order

An order continuing a hearing must specify the rescheduled hearing's date and time.

All orders for a continuance of a hearing will specify the date and time of the rescheduled hearing.

CRITICAL

Applies to

Registration form

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.

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.

CRITICALCivil cases

Applies to

Property statement

The property statement includes a sworn declaration that it completely and accurately lists the parties’ property interests and debts.

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.

CRITICAL

Applies to

Property statement

A final hearing or pretrial conference will not be scheduled until one completed property statement is on file.

(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.

CRITICAL

Applies to

Property statement

When an action involves property division, both parties must file a property statement in a form similar to the rule's Appendix 1 form.

(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.

CRITICAL

Applies to

Parenting plan

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.

(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.

CRITICAL

Applies to

Financial affidavit

A person seeking publicly funded appointed counsel must file a notarized financial affidavit stating the defendant’s income, assets, and obligations.

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.

CRITICAL

Applies to

Transcript

The court reporter must submit an invoice for transcript preparation costs, to be paid from the litigant's deposit.

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.

CRITICAL

Applies to

Journal entry order judgment or decree

A party directed by the court must promptly prepare the proper journal entry, order, judgment, or decree.

It shall be the duty of the party directed by the court to promptly prepare a proper journal entry, order, judgment, or decree.

CRITICAL

Applies to

Temporary hearing affidavit

One temporary-hearing affidavit must be the required Child Information Affidavit, with a proposed child support calculation attached.

One affidavit shall be the Child Information Affidavit required by Neb. Rev. Stat. § 43-2930 which shall have attached a proposed child support calculation.

CRITICAL

Applies to

Guardian ad litem claim

A court-appointed guardian ad litem must make a written motion under 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 pursuant to Neb. Ct. R. § 6-1525(D).

CRITICAL

Applies to

Journal entry

The proposed journal entry must go to opposing counsel or the party for approval as to form and content before submission to the court for signature.

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.

CRITICAL

Applies to

Limited appearance

A Limited Appearance must include the client's written acceptance and a statement directing pleadings, motions, and notices to the lawyer.

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."

CRITICAL

Applies to

Certificate of completion of limited representation

The certificate must state that future pleadings, motions, and notices should be sent directly to the pro se litigant.

The certificate shall contain a statement that all future pleadings, motions, and notices should be sent directly to the pro se litigant.

CRITICALCriminal cases

Applies to

Information

The information must identify the statute for each count, the offense class, and the penalty.

The information shall have noted thereon the statute under which each count of the complaint is brought, the class of offense, and the penalty.

CRITICALCriminal cases

Applies to

Service waiver

A defendant waiving service of the information must do so in writing and file the waiver with the information.

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.

CRITICAL

Applies to

Limited appearance

For representation under Neb. Ct. R. of Prof. Cond. § 3-501.2(d), the lawyer must file a Limited Appearance.

If such representation is done pursuant to Neb. Ct. R. of Prof. Cond. § 3-501.2(d), the lawyer shall file a "Limited Appearance."

CRITICAL

Applies to

Guardian ad litem fee waiver application

A person claiming indigence who seeks waiver of guardian ad litem fees must apply to the court with an accompanying affidavit.

Those claiming indigence may apply to the court with an accompanying affidavit for waiver of such fee assessment.

CRITICAL

Applies to

Written notice

An attorney who no longer wishes to receive appointments must notify the County Court in writing.

Attorneys shall notify the County Court in writing when they no longer wish to receive court appointments.

CRITICAL

Applies to

Certificate

For journal entries that constitute a judgment under the cited statute, the clerk must file a court-file certificate showing notice was mailed to all parties of record or their attorneys.

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.

CRITICALCivil cases

Applies to

Property statement

The property statement must include account numbers for checking and savings accounts.

(MUST INCLUDE ACCOUNT NUMBERS)

CRITICAL

Applies to

Temporary order hearing submission

Temporary-order hearings must be submitted on affidavits and heard in chambers, unless the court orders otherwise, a self-represented party is present, or a party or counsel requests a courtroom hearing.

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.

CRITICAL

Applies to

Fee request

Fee requests must be verified and itemize the services provided, time spent, and expenses incurred.

Fee requests shall be verified and shall itemize the service provided, time involved, and expenses incurred.

CRITICALCivil cases

Applies to

Property statement

The property statement must include vehicle identification numbers for automobiles.

(MUST INCLUDE VIN #’S)

CRITICAL

Applies to

Combined property statement

When property division is contested at the final hearing, the parties must prepare a combined property statement for use as an exhibit.

(5) When property division is contested at final hearing, the parties shall prepare a combined property statement for use as an exhibit.

CRITICAL

Applies to

Defendant property statement

The defendant must complete the property statement by adding any additional property and estimated values.

(3) The defendant must then complete the property statement by adding any additional property and inserting estimates of value.

CRITICAL

Applies to

Child support worksheet

If child support is at issue, each party must submit a proposed child support worksheet to the court at the final hearing, unless the court orders otherwise.

(a) If child support is at issue, at final hearing each party shall submit to the court their proposed child support worksheet

WARNING

Applies to

Correspondence

Correspondence with the court about pending litigation must identify the case by title, number, and county.

All correspondence with the court regarding pending litigation shall refer to the subject case by case title, number, and county

INFOCriminal cases

Applies to

Arraignment waiver and plea

A counseled defendant bound over on a felony charge may file a written waiver and plea of not guilty under Neb. Rev. Stat. § 29-4206.

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.

INFO

The lawyer does not need a court order allowing withdrawal after limited representation is complete.

An order of the court allowing the lawyer to withdraw is not required.