Seventh Judicial District Court, Nebraska Document Format Requirements

CRITICAL

Attorneys and parties must attend hearings in person unless Rule 7-10 permits otherwise.

A. Any and all hearings to be heard by the Court shall be attended by the attorneys and parties, in person, except as otherwise permitted by this Rule.

CRITICAL

Participants must keep their microphones muted except when it is their turn to speak or the judge instructs otherwise.

Microphones of all participants shall be muted at all times unless it is their turn to speak or unless otherwise instructed by the judge.

CRITICAL

A video or audio hearing must not occur if appearing remotely would violate the right of confrontation or another statutory or constitutional right.

There shall be no video or audio hearing that shall occur if appearance by way of this method violates a person’s right of confrontation or any other statutory or constitutional right.

CRITICAL

Cell and landline phones must be turned off or disconnected throughout the videoconference hearing.

Any and all cell or landline phones must be turned off or disconnected at all times.

CRITICAL

Participants must ensure that no family member, other person, or animal causes a distraction during the videoconference hearing.

There shall be no distractions from any family member, person, or animal.

CRITICAL

Attorneys must wear ordinary business attire, and other participants must dress appropriately for an in-person court appearance.

Attorneys shall be attired in ordinary business wear; all other participants shall be attired in a manner acceptable for an in-person court appearance.

CRITICAL

A person appearing remotely must be in a room with all access doors closed and no one else present except legal counsel.

Any person who appears must be located in a room with any and all access doors closed and with no one else in the room, except legal counsel.

CRITICAL

Participants must not smoke, eat, drink beverages, or engage in other distracting conduct during the hearing.

No person shall smoke, eat, drink beverages, or engage in other distracting conduct while the hearing is in session.

CRITICAL

If remote-hearing quality is inadequate for a full and fair hearing, the hearing will be rescheduled for counsel and the parties to appear in court.

If the Court determines the quality of the remote hearing is not adequate for a full and fair hearing of the issues, the hearing will be rescheduled to a later date with counsel and the parties appearing in court.

CRITICAL

A television, movie, or other electronic device must not be on if it distracts the remote participant or the Court.

There shall be no television, movie, or any other electronic device turned on such that it provides distraction to the person appearing by way of videoconferencing or to the Court.

CRITICAL

A remote hearing requires advance authorization from the presiding District Court judge, including when a party, counsel, or witness seeks to appear remotely.

B. Any remote hearing, whether by teleconference, videoconference, or both, shall only occur with prior court authorization from the District Court judge presiding over the case. This shall include any hearing where either party, their legal counsel, or any witness desires to appear in court utilizing these methods.

WARNING

Criminal pretrial conferences, non-evidentiary criminal pretrial motion hearings, qualifying criminal sentencing hearings, civil pretrial conferences, and non-evidentiary civil pretrial motion hearings may be held remotely.

C. The following types of hearings may occur by remote teleconferencing or videoconferencing means: - Criminal pretrial conferences - Non-evidentiary criminal pretrial motion hearings - Criminal sentencing hearings when the defendant is in custody - Civil pretrial conferences - Non-evidentiary civil pretrial motion hearings

WARNING

The listed hearings may be held remotely only by party stipulation and/or court permission, at dates and times set by the Court, case by case and in the Court’s sole discretion.

D. The following types of hearings may occur by remote teleconferencing or videoconferencing means, only by way of stipulation of the parties and/or by permission of the Court, at times and dates specifically set by the Court, and on a case-by-case basis. The Court shall grant permission for remote hearings at its sole discretion: - Criminal preliminary hearings - Criminal arraignments - Criminal bond review hearings - The taking of or changing of plea(s) - Appeal hearings - Juvenile detention hearings - Harassment, domestic relations, and sexual assault protection order hearings - Criminal evidentiary hearings - Civil bench trials - Civil evidentiary hearings - Witness testimony during any civil or criminal trial or proceeding before a jury or to the bench - Weekly drug court hearings - Drug court termination and/or sanction hearings

INFO

A party may petition the Court for an on-the-record hearing to seek relief from or amendment of the procedures in Rule 7-10.

Any party may petition the Court and request a hearing, on the record, for relief from, or to amend the proposed procedures, as outlined in this Rule.