Second Judicial District Court, Nebraska
Court-Level Rules, Filing Procedures & Policies
- Rules last changed:
Limits & Logistics
Document Limits
Courtesy Copies
Pleading, Motion, Other Document for Court File
Adjournments
- A party may receive an extension to file or complete a property statement by written motion upon a showing of good cause.
- The continuance motion form asks the filer to state the original date, reasons for the request, the other party’s position, and a proposed rescheduled date.
- If the opposing party objects, or reasonable efforts to contact the party are unsuccessful, the moving party must set the continuance motion for hearing.
- +3 more
Request must include
- A continuance motion must be made at least three working days before the hearing, except in exigent circumstances.
Page & Word Limits1 rule
Except for good cause shown, no more than five (5) affidavits, or alternatively, no more than twenty-five (25) total affidavit pages (including exhibits attached thereto), will be considered by the court at the time of the temporary hearing. Pay stubs, W-2s, and Child Support Worksheets do not count against the total of 25 pages that is allowed for each party.
- Affidavit
- Up to 25 pages
Document Format Requirements7 rules
All documentary evidence which is not impeaching or rebuttal in nature shall be presented to the court reporter prior to trial, marked for identification, and submitted to the opposing party for inspection. They shall be numbered consecutively.
The notice of hearing shall clearly state in bold print that the hearing will be held by remote technology.
The proposed order must be submitted in Microsoft Word format.
Court's wording
Counsel shall set forth in the body of the motion that he/she has had contact with the opposing party and that there is no objection by the same, and shall further submit via email (not e-file) to the Judge's baliff, a proposed order in Microsoft Word for the signature of the Judge.
Counsel shall submit a proposed temporary order in Microsoft Word format.
Formatting
- •Microsoft Word format
All affidavits shall be submitted with standard-sized font and margins.
Real estate shall be described by legal description as opposed to street address.
Formatting
- •Real estate must be described by legal description rather than street address
Email attachments submitted under this permission must be in Word format.
Court's wording
Subject to subsections (A) and (B) below, any unofficial correspondence with the court (letters, briefs, etc.) and all proposed documents (proposed settlement agreement, proposed decree, etc.) may be submitted to the court by counsel as an email attachment in Word format.
Document Filing Requirements28 rules
Barring an emergency, no hearing for temporary orders will be scheduled unless proof is submitted by the moving party showing completion of said parenting course.
Upon completion of the adoption proceedings, an appropriate motion shall be filed together with a proposed order terminating all future support as of the date of the adoption decree. The motion and proposed order shall be accompanied by a copy of the adoptive decree.
- Document
- Motion
Must include
- •Proposed order
Applications for an order consenting to adoption of children subject to jurisdiction of the court must be accompanied by a photocopy or duplicate original of all relinquishments and consents to adoption as required by law.
A party opposing summary judgment must separately identify each fact claimed to present a genuine issue for trial and cite the specific supporting record material by page and line.
Court's wording
B. The party opposing a motion for summary judgment shall set forth in its opposing brief a separate statement of each material fact as to which it is contended there exists a genuine issue to be tried and as to each shall identify the specific documents or discovery response or deposition testimony (by page and line) which it is claimed establishes the issue.
A summary-judgment moving party must state the motion’s basis, separately identify each fact claimed to be undisputed, and cite the specific supporting record material by page and line.
Court's wording
A. The moving party shall set forth in the brief in support of the motion for summary judgment the basis for the motion, including the Rule of Procedure or statute under which the motion is filed, and a separate statement of each material fact as to which the moving party contends there is no genuine issue to be tried and as to each shall identify the specific document or portion thereof or discovery response or deposition testimony (by page and line) which it is claimed established the fact.
Counsel shall submit a proposed temporary order in Microsoft Word format.
When property division is contested at final hearing, the parties shall prepare a joint property statement for use as an exhibit.
Where the action involves a division of property by the court, each party shall prepare a property statement setting forth assets, liabilities, and any other information concerning property germane to the case at bar.
Written waivers of arraignment are required.
Every temporary or permanent child-custody order must contain substantially the stated restriction on moving the child out of Nebraska and the requirements for written application and notice.
Court's wording
Every order for child custody, temporary or permanent, shall contain language substantially as follows: A party exercising custody of a minor child is ordered not to move the child outside the State of Nebraska except by written agreement of the parties and approved by the Court. Anyone intending such a move must first: (a) Make written application to the court; and (b) Give notice of the application and hearing to the other party as required by law.
The non-custodial parent shall prepare and sign an affidavit stating the inclusive dates that the non-custodial parent had possession of the minor child or children with the name of said child or children showing the amount of support to be reduced.
No ex parte order shall be entered in a domestic relations case without one (1) or more supporting affidavits from a party or his or her witnesses.
Except when a self-represented party must provide live testimony or the court orders otherwise, temporary-hearing evidence must be submitted by affidavits exchanged at least 48 business hours before the hearing.
Court's wording
Except where a party appears as a self-represented litigant and live testimony is required, or unless otherwise ordered, evidence shall be submitted by affidavits, which shall be exchanged by the parties at least forty-eight (48) business hours prior to the hearing, i.e., affidavits for a Monday hearing are due by close of business on the previous Wednesday, etc.
All stipulations not made in open court or in chambers and recorded by the reporter and all agreements of counsel or parties to a suit, must be reduced to writing and signed by the parties making the same and filed with the clerk, or they will not be recognized or considered by the court.
The notice of hearing shall clearly state in bold print that the hearing will be held by remote technology.
The motion shall be accompanied by an affidavit of factual matters establishing the defendant(s) cannot, with reasonable diligence, be served by personal service, residence service, certified mail, or any other matter that would provide the party with actual notice of the proceedings and an opportunity to be heard.
Motions shall be submitted on affidavits
after reasonable efforts have been made to contact the opposing party without success as verified by affidavit
For qualifying unopposed motions, counsel must submit a proposed order for the judge’s signature.
Court's wording
Counsel shall set forth in the body of the motion that he/she has had contact with the opposing party and that there is no objection by the same, and shall further submit via email (not e-file) to the Judge's baliff, a proposed order in Microsoft Word for the signature of the Judge.
Counsel shall set forth in the body of the motion that he/she has had contact with the opposing party and that there is no objection by the same
- Document
- Motion
- Placement
- Body of the document
Any delinquent support payments remain a judgment against the party ordered to pay such support, unless a receipt or satisfaction is filed by the party to whom the support is due.
Attorneys should note that in case of abandonment or other situations where one or both of the natural parents are unable to consent, substitute consents are required.
It is my responsibility to maintain contact with my attorney regarding notice of all future court appearances, as well as, report any change of address to my attorney and to the court by the next regular business day.
I understand the Court will expect me to notify the Defendant of all court proceedings in this matter. I have provided a signed copy of this waiver to the ________County Attorney’s office.
The court reporter preparing the transcript shall also submit an invoice for the costs of preparation to be paid from the deposit made by the litigant.
The Clerk of the District Court shall provide notice to the District Court that the transcript is prepared and the matter ready to proceed to hearing upon the filing of the transcript.
These procedures shall be reduced to writing and provided to the other judges of the district, including any subsequent modifications.
Attached to this Certificate of Completion of Parenting Education Course is the documentation that was provided to me after I completed the course.
Filing & Service rules
Electronic Filing Rules
Affidavits, depositions, and proposed motion exhibits may not be filed with the Clerk unless the Court orders otherwise.
Affidavits, depositions, and other proposed exhibits in support of motions shall not be filed with the Clerk unless otherwise ordered by the Court.
Page 1 | A. Exhibit Handling
Counsel must electronically file other documents intended for the court file, and may not submit follow-up copies.
All other pleadings, motions and any other document that will be filed within the court file shall only be electronically filed (e-filed) by counsel; follow-up copies of the same shall neither be submitted nor accepted by the court.
Page 1 | Rule 2-4. Correspondence with the Court
Self-represented litigants must mail correspondence postage prepaid or deliver it personally to the Clerk of the District Court.
For individuals not represented by counsel, i.e., a self-represented litigant, all correspondence shall be mailed by U.S. mail, postage prepaid, or personally delivered to the Clerk of the District Court.
Page 1 | Rule 2-4. Correspondence with the Court
The proposed order must be emailed rather than e-filed.
Counsel shall set forth in the body of the motion that he/she has had contact with the opposing party and that there is no objection by the same, and shall further submit via email (not e-file) to the Judge's baliff, a proposed order in Microsoft Word for the signature of the Judge.
Civil cases
Page 1 | Rule 2-2(A). Motions
Counsel may email unofficial correspondence and proposed documents to the court as Word-format attachments.
Subject to subsections (A) and (B) below, any unofficial correspondence with the court (letters, briefs, etc.) and all proposed documents (proposed settlement agreement, proposed decree, etc.) may be submitted to the court by counsel as an email attachment in Word format.
Page 1 | Rule 2-4. Correspondence with the Court
Filing Timing and Cure Windows
Upon completion of adoption proceedings, a motion must be filed with a proposed order terminating future support as of the adoption-decree date.
Upon completion of the adoption proceedings, an appropriate motion shall be filed together with a proposed order terminating all future support as of the date of the adoption decree.
Civil cases
Page 1 | Rule 2-6. Consents to Adoption
The custodial parent may file an objection or counter-affidavit within 30 days after receiving the copy; failure to do so waives the right to contest the support reduction.
Within thirty (30) days after receipt of the copy of said affidavit, the custodial parent may file an objection or counter-affidavit, and if this is done, a hearing date will be set to determine the matter. (d) Failure of the custodial parent to file an objection or counter-affidavit within thirty (30) days shall constitute a waiver to contest the reduction of child support issue.
Page 1 | C. Domestic Actions
The non-custodial parent must file the affidavit within 30 days after possession and mail a copy to the custodial parent, or possession will be presumed not to have occurred for the affected period.
This affidavit shall be filed with the Clerk of the District Court within thirty (30) days after said possession and a copy mailed to the custodial parent or it shall be presumed that the non-custodial parent did not have possession of the child or children for the affected time period.
Page 1 | C. Domestic Actions
Property-statement amendments must be filed at least 10 days before trial unless the parties agree or the court orders otherwise.
Except by agreement of the parties or order of the court, amendments to the property statement shall not be permitted unless filed at least ten (10) days prior to trial.
Page 1 | C. Domestic Actions
The transcript must be prepared and filed with the Clerk of the District Court within six weeks after the deposit is paid.
A transcript of the proceedings shall be prepared and filed with the Clerk of the District Court within six (6) weeks of the deposit being paid.
Civil cases
Page 1 | Rule 2-14. Child Support Referree Exception Transcripts
After a motion is ruled upon, the party required to plead further is allowed ten days to do so, unless the court orders otherwise.
When a motion is ruled upon, the party required to plead further shall be allowed ten (10) days to further plead, except as is otherwise ordered by the court.
Civil cases
Page 1 | Rule 2-2(C). Further pleading
Service and Proof of Service Rules
Affidavits must be exchanged at least 48 business hours before a temporary hearing, subject to the stated self-represented-litigant and court-order exceptions.
Except where a party appears as a self-represented litigant and live testimony is required, or unless otherwise ordered, evidence shall be submitted by affidavits, which shall be exchanged by the parties at least forty-eight (48) business hours prior to the hearing, i.e., affidavits for a Monday hearing are due by close of business on the previous Wednesday, etc.
Page 1 | C. Domestic Actions
The responding party must add any additional property and value estimates to the statement and serve those additions on the initiating party within 30 days after the initial statement is filed.
The responding party shall then complete the property statement by adding to it any additional property and that party's estimates of value of all property listed. The responding party's additions shall be served upon the initiating party within thirty (30) days after the filing of the initial statement.
Page 1 | C. Domestic Actions
An issued ex parte order must be served on the opposing party or counsel forthwith.
If an ex parte order is issued, it shall be served upon the opposing party or counsel forthwith, and a temporary hearing shall be held forthwith.
Page 1 | C. Domestic Actions
If Nebraska is a party, it must receive notice and an opportunity to object under the same procedure.
If the State of Nebraska is a party to the action, the same shall be given notice and an opportunity to object in a matter consistent herein.
Page 1 | C. Domestic Actions
A copy of the affidavit must be mailed to the custodial parent; if the affidavit is not filed and copied as required, possession will be presumed not to have occurred for the affected period.
This affidavit shall be filed with the Clerk of the District Court within thirty (30) days after said possession and a copy mailed to the custodial parent or it shall be presumed that the non-custodial parent did not have possession of the child or children for the affected time period.
Page 1 | C. Domestic Actions
Property statements must not be filed with the court, but proof of their service must be filed.
Property statements shall not be filed with the court, but proof of service shall be filed.
Page 1 | C. Domestic Actions
For a fee application in a case involving claimed indigence, copies of the application and hearing notice must be served on the County Attorney, who may appear and object.
When a guardian ad litem/attorney for the minor child makes application for payment of fees in a case involving a claim of indigence, copies of the fee application and notice of hearing shall be served upon the County Attorney, who may appear at the hearing to object to payment of the same.
Page 1 | C. Domestic Actions
The petitioner must prepare a property statement within 60 days of service and furnish a copy to the opposing party.
The party filing the action, i.e., the petitioner, shall have sixty (60) days from the date of service to prepare the property statement, and then will furnish a copy to the opposing party.
Page 1 | C. Domestic Actions
Unless a statute or court order provides otherwise, proof of service must use one of the listed forms of proof.
Except as otherwise provided by statute, or by order of the court, proof of service of any pleading, motion, or other paper required to be served shall be made by: (1) a certificate by or on behalf of counsel showing the name and address on whom service was had; (2) written receipt of the opposing party or his or her attorney; (3) affidavit of the person making service; (4) return of the county sheriff; (5) E-Service in accordance with Neb. Ct. R. § 6-419; or (6) other proof satisfactory to the court.
Page 1 | Rule 2-5. Proof of Service
The party offering public-office records as evidence or marking them for identification at a pretrial conference must furnish true copies to the court reporter and opposing counsel before the offer.
In all cases where books, files, or records, or parts thereof belonging to or taken from the records of public offices are offered in evidence or are marked for identification to be offered at a pretrial conference, it shall be the duty of the party offering the same to furnish true copies of the same to the court reporter and the opposing counsel before the offer.
Page 1 | A. Exhibit Handling
Non-impeaching, non-rebuttal documentary evidence must be presented to the court reporter before trial and submitted to the opposing party for inspection.
All documentary evidence which is not impeaching or rebuttal in nature shall be presented to the court reporter prior to trial, marked for identification, and submitted to the opposing party for inspection. They shall be numbered consecutively.
Page 1 | A. Exhibit Handling
For a remote proceeding, exhibits must be provided to the court reporter and opposing parties 48 hours before the hearing, unless law or local court rules provide otherwise.
For court proceedings conducted by remote technology, a party intending to offer exhibits shall provide the exhibits to the court reporter and all opposing parties 48 hours prior to the hearing, or as otherwise provided by law or the local court rules.
Page 1 | C. For court proceedings conducted by remote technology
An omission of proof does not invalidate service, and the court may allow the proof to be amended or supplied unless doing so would materially prejudice a party's substantial rights.
Failure to make proof of service will not affect the validity of the service, and the court may at any time allow the proof of service to be amended or supplied unless it clearly appears that to do so would result in material prejudice to substantial rights of any party affected thereby.
Page 1 | Rule 2-5. Proof of Service
Filing Fees and Waivers
A party filing an exception must deposit $150 for transcript preparation when filing; any remaining amount is refunded, and any additional amount due is collected.
A party filing an exception shall deposit the sum of $150 with the Clerk of the District Court for the preparation of a transcript. This deposit shall be made at the time of filing the exception. Any amounts remaining after the preparation of the transcript shall be refunded to the depositing party or any additional amounts due after preparation of the transcript shall be collected from the depositing party.
Civil cases
Page 1 | Rule 2-14. Child Support Referree Exception Transcripts
Indigent persons granted in forma pauperis status are not required to pay the transcript-preparation deposit.
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.
Civil cases
Page 1 | Rule 2-14. Child Support Referree Exception Transcripts
Courtesy Copy Requirements
Follow-up copies of electronically filed documents may not be submitted to or accepted by the court.
All other pleadings, motions and any other document that will be filed within the court file shall only be electronically filed (e-filed) by counsel; follow-up copies of the same shall neither be submitted nor accepted by the court.
Page 1 | Rule 2-4. Correspondence with the Court
Sealing & Redaction Procedures
The adoption decree must be redacted to comply with Neb. Ct. R. § 6-1521.
The decree of adoption shall be redacted to comply with Neb. Ct. R. § 6-1521.
Civil cases
Page 1 | Rule 2-6. Consents to Adoption
Documents filed in the public record must not contain complete vehicle identification numbers, account numbers, Social Security numbers, birth dates, or other personal identification information.
No document filed in the public record of a case shall have complete vehicle identification numbers, account numbers, Social Security numbers, dates of birth, or other personal identification information.
Page 1 | C. Domestic Actions
Adjournment & Extension Requirements
The continuance motion form asks the filer to state the original date, reasons for the request, the other party’s position, and a proposed rescheduled date.
COMES NOW ___________________________________ and moves the Court for a (Your full name) continuance for the matter set for the ______ day of _______________________, 20______. I am (Day) (Month) (Year) unable to participate in said matter for the following reasons: I have consulted with the other party who has □ no objection □ not responded. WHEREFORE, ______________________________________ moves that this Motion for (Your full name) Continuance be set for hearing, and that upon said hearing, the Court continue the matter for the ______ day of ________________________________, 20_____.
Page 1 | Motion for Continuance and Notice of Hearing
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.
Civil cases
Page 1 | Rule 2-2(B). Continuance(s)
A continuance motion must be made at least three working days before the hearing, except in exigent circumstances.
Except for exigent circumstances, a motion for a continuance shall be made at least three (3) working days prior to the hearing for which the continuance is requested.
Civil cases
Page 1 | Rule 2-2(B). Continuance(s)
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 an objection.
Civil cases
Page 1 | Rule 2-2(B). Continuance(s)
If the opposing party objects, or reasonable efforts to contact the party are unsuccessful, the moving party must set the continuance motion for hearing.
If the opposing party does object, or after reasonable efforts have been made to contact the opposing party without success as verified by affidavit, it is the responsibility of the party filing the motion to set the motion for a continuance hearing.
Civil cases
Page 1 | Rule 2-2(B). Continuance(s)
A party may receive an extension to file or complete a property statement by written motion upon 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. Domestic Actions
If the moving party fails to attempt contact with opposing counsel, the motion for continuance may be summarily denied.
If the moving party fails to attempt contact with opposing counsel, the motion for continuance may be summarily denied.
Civil cases
Page 1 | Rule 2-2(B). Continuance(s)
Chambers Communication Rules
For a motion, pleading, or other document e-filed after 2:00 p.m. that requires a hearing within 72 hours, the filer must contact the Clerk in person or by phone on the filing day to provide notice.
When a party e-files any motion, including a motion for ex parte order, pleading, or other document after 2:00 p.m. on a given day that requires a hearing within the next 72 hours, he/she shall also follow up with the Clerk of the District Court, whether in person or by phone call on the day of filing, in order to give the Clerk adequate notice so that the court is made aware of the request in a timely manner.
Page 1 | B. Electronic Filing
Ex parte communication with the court is prohibited unless all interested parties expressly permit it.
Ex parte communication with the court shall not be tolerated in the absence of express permission by all interested parties.
Page 1 | Rule 2-4. Correspondence with the Court
Parties scheduling a remote proceeding must contact the Court’s bailiff at least 5 days before the hearing for instructions.
To schedule a court proceeding that is to be conducted by remote technology, the parties shall contact the Court’s bailiff at least 5 days prior to the hearing to receive instructions on how they shall proceed.
Page 1 | B. To schedule a court proceeding that is to be conducted by remote technology
Counsel must email the proposed order to the judge’s bailiff.
Counsel shall set forth in the body of the motion that he/she has had contact with the opposing party and that there is no objection by the same, and shall further submit via email (not e-file) to the Judge's baliff, a proposed order in Microsoft Word for the signature of the Judge.
Civil cases
Page 1 | Rule 2-2(A). Motions
The parties must notify the court if a temporary hearing is expected to exceed 15 minutes; it will then receive a special setting beyond the otherwise stated 14-day period.
Parties to notify the court if a temporary hearing is expected to take longer than 15 minutes, and it will be set for special setting beyond the aforementioned 14 days.
Page 1 | C. Domestic Actions
The district and juvenile court presiding judges must contact the district court clerks and the Nebraska Supreme Court Administrative Office about an event and implementation of emergency modified operations.
The Presiding Judges of the District Court and the Juvenile Court shall contact the Clerks of the District Court and the Administrative Office of the Nebraska Supreme Court concerning the event and the implementation of Emergency Modified Court Operations.
Page 1 | Rule 2-12. Emergency Modified Court Operations
The county court presiding judge must contact the county court clerks about an event and implementation of emergency modified operations.
The Presiding Judge of the County Court shall contact the Clerks of the County Courts concerning the event and the implementation of Emergency Modified Court Operations.
Page 1 | Rule 2-12. Emergency Modified Court Operations
Attorneys may contact the County Court to ask the Clerk Magistrate to add them to or remove them from the court-appointed list.
Attorneys may contact the County Court in each county and request the Clerk Magistrate to place them on or remove them from the court-appointed list.
Criminal cases
Page 1 | IV. COURT-APPOINTED ATTORNEY LIST
Junior Lawyer Participation Incentives
Less-experienced attorneys should receive suitable assignments and opportunities to build experience under supervision.
Less-experienced attorneys should be assigned cases which are within their capabilities, but should be given the opportunity to expand their experience under supervision.
Criminal cases
Page 1 | III. GENERAL