Second Judicial District Court, Nebraska Document Filing Requirements

CRITICAL

Applies to

Proposed temporary order

Must include

proposed order

Counsel must submit a proposed temporary order in Microsoft Word format.

Counsel shall submit a proposed temporary order in Microsoft Word format.

CRITICAL

Applies to

Joint property statement

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

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

CRITICALCivil cases

Applies to

Proof of parenting course completion

The moving party must submit proof of parenting-course completion before a temporary-orders hearing is scheduled, unless there is an emergency.

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.

CRITICALCivil cases

Applies to

Motion for service by publication

A motion for service by publication must include an affidavit establishing that reasonable diligence cannot achieve service by the listed methods or another method providing actual notice and an opportunity to be heard.

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.

CRITICALCivil cases

Applies to

Motion

Must include

proposed order

The post-adoption motion must be filed with a proposed order terminating future support as of the decree date, and both must be accompanied by a copy of the adoptive decree.

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.

CRITICAL

Applies to

Property statement

In an action involving division of property, each party must prepare a property statement containing relevant property information, including assets and liabilities.

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.

CRITICAL

Applies to

Written waiver of arraignment

A written waiver of arraignment is required in criminal cases.

Written waivers of arraignment are required.

CRITICAL

Applies to

Child custody order

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.

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.

CRITICAL

Applies to

Affidavit

The non-custodial parent must prepare and sign an affidavit stating the possession dates, the child’s or children’s names, and the amount of support reduction.

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.

CRITICAL

Applies to

Stipulation or agreement

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.

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.

CRITICAL

Applies to

Ex parte order

An ex parte order in a domestic relations case requires one or more supporting affidavits from a party or the party’s witnesses.

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.

CRITICALCivil cases

Applies to

Motion

Motions must be submitted on affidavits.

Motions shall be submitted on affidavits

CRITICAL

Applies to

Affidavit

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.

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.

CRITICALCivil cases

Applies to

Summary judgment opposing brief

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.

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.

CRITICALCivil cases

Applies to

Summary judgment supporting brief

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.

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.

CRITICALCivil cases

Applies to

Continuance motion

When reasonable efforts to contact the opposing party are unsuccessful, an affidavit must verify that circumstance.

after reasonable efforts have been made to contact the opposing party without success as verified by affidavit

CRITICALCivil cases

Applies to

Motion

Must include

proposed order

For qualifying unopposed motions, counsel must submit a proposed order for the judge’s signature.

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.

CRITICALCivil cases

Applies to

Adoption application

An application for an adoption-consent order must include a photocopy or duplicate original of all relinquishments and consents required by law.

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.

CRITICALCivil cases

Applies to

Motion

For a motion that does not require an appearance and is unopposed, counsel must state in the motion body that counsel contacted the opposing party and that the party does not object.

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

CRITICAL

Applies to

Notice of hearing

A notice of hearing for a remote proceeding must clearly state in bold print that the hearing will be held remotely.

The notice of hearing shall clearly state in bold print that the hearing will be held by remote technology.

WARNING

Applies to

Procedures

Procedures for carrying out essential court functions must be put in writing and provided to the other district judges, including any later modifications.

These procedures shall be reduced to writing and provided to the other judges of the district, including any subsequent modifications.

WARNINGCivil cases

Applies to

Certificate of completion parenting education course

The certificate must include the documentation provided after course completion.

Attached to this Certificate of Completion of Parenting Education Course is the documentation that was provided to me after I completed the course.

WARNINGCriminal cases

Applies to

Certification of counsel

The counsel certification states that counsel is expected to notify the defendant of all proceedings and certifies that a signed waiver copy was provided to the County Attorney’s office.

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.

WARNINGCivil cases

Applies to

Transcript preparation invoice

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

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.

WARNINGCivil cases

Applies to

Receipt or satisfaction

Delinquent support remains a judgment unless the party entitled to support files a receipt or satisfaction.

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.

WARNINGCivil cases

Applies to

Adoption consent

Attorneys are advised that substitute consents are required when a natural parent cannot consent, including in cases of abandonment.

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.

WARNINGCriminal cases

Applies to

Waiver of preliminary hearing

The waiver form states that the defendant is responsible for staying in contact with counsel about future appearances and reporting address changes to counsel and the court by the next regular business day.

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.

WARNINGCivil cases

Applies to

Notice

Upon filing of the transcript, the Clerk of the District Court must notify the District Court that the transcript is prepared and the matter is ready for hearing.

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.