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

CRITICAL

Deadline

48 hours

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.

CRITICAL

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.

CRITICAL

Applies to

Ex parte order

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

Service

Mail to opposing party

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.

CRITICAL

Applies to

Property statement

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

Deadline

48 hours

Applies to

Exhibits

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.

WARNING

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.