Ninth Judicial District Court, Nebraska Service and Proof of Service Rules

CRITICAL

Applies to

Property statement

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.

CRITICAL

Applies to

Property statement

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.

CRITICAL

Applies to

Final hearing notice

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.

CRITICAL

Deadline

21 calendar days

Applies to

Notice of hearing

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.

CRITICAL

Deadline

14 calendar days

Applies to

Notice of hearing

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;

CRITICAL

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.

CRITICAL

Deadline

3 working days

Applies to

Initial affidavit

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.

CRITICAL

Applies to

Guardian ad litem compensation motion

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.

CRITICAL

Deadline

24 hours

Applies to

Exhibits

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.

CRITICALCriminal cases

Applies to

Information

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.

CRITICAL

Applies to

Notice of hearing

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.

CRITICAL

Deadline

8 calendar days

Applies to

Notice of hearing

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;

WARNING

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.