Tenth Judicial District Court, Nebraska
Court-Level Rules, Filing Procedures & Policies
- Rules last changed:
Limits & Logistics
Document Limits
Adjournments
- A motion for continuance must be made at least 3 working days before the hearing, except in exigent circumstances.
Page & Word Limits1 rule
Absent prior approval by the court and notwithstanding the Temporary Child Information Affidavit, no more than 20 affidavit pages, exclusive of exhibits, will be considered by the court.
- Affidavit
- Up to 20 pages
Excluded from page count
- •Exhibits
Document Format Requirements12 rules
A. Pro se litigants may submit hand-written pleadings. Such pleadings shall be in ink and shall not contain erasures or interlineations materially defacing the pleading.
- Self-represented parties
B. All pleadings shall have a 1½-inch margin at the top of each page, and the text of the pleading shall be 1½ or double-spaced.
- Margins
- Top 1.5 inches
Formatting
- •The text of the pleading must be 1½- or double-spaced
Except as otherwise provided by law or order of the court, all motions shall be in writing and filed within 10 days of oral notification of a party's intent to file the same.
Affidavits offered by pro se parties must comport with Rule 10-4(A).
- Self-represented parties
Affidavits offered at the temporary hearing must be typed and comport with Rule 10-4(B).
A voluntary appearance must be notarized.
Parties responding to such affidavits shall ensure that their affidavits conform to the same format.
The only form accepted shall be the form attached to these rules. See Appendix #1.
Parties responding to such affidavits shall follow the same format.
Exhibits or affidavits that exceed an aggregate total of twenty (20) pages shall be submitted to the Court in hard copy.
- File type
- Paper
- Exhibits
- Affidavits
Such copies must be of a permanent type and of a quality acceptable to the reporter for use in any record on appeal.
Interrogatories and requests for admission must provide answer space, and answers must be typed after each question; the responding party may instead retype the questions and answer in the appropriate places if space is insufficient or the party prefers.
- Interrogatories
- Requests for admission
Formatting
- •Answers must be typed, with each answer following its question
Court's wording
Interrogatories or requests for admission shall have sufficient space below the interrogatory or request for the responding party to answer. Answers to interrogatories or requests for admission shall be typed with the answers following the question. If there is insufficient space, or if preferred by the responding party, the responding party may simply retype all of the questions and provide the answers in the appropriate places within the new document.
Document Filing Requirements56 rules
a motion for continuance shall set forth whether the opposing party has an objection.
All orders for a continuance of a hearing will specify the date and time of the rescheduled hearing.
Counsel may be permitted to withdraw by filing a motion that states the reason and service, provides the client’s last known mailing address, and states whether a hearing is scheduled.
Court's wording
In addition to the requirements of the Uniform District Court Rules, counsel may be permitted to withdraw from a matter upon filing a motion which: A. Recites a reason for withdrawal and that the motion to withdraw has been served upon the client and all parties of record; B. Provides the client's last known mailing address; and C. Recites whether there is a hearing currently scheduled in the case.
All stipulations shall be made in open court and recorded by the reporter or reduced to writing and signed by the parties or counsel and filed with the court.
C. Pleadings submitted by a pro se party shall contain the name, address, and telephone number of the pro se party offering the pleading.
Every pleading shall contain a proof of service.
Before court-appointed counsel's claim for payment is allowed, such attorney shall file a written motion for fees, positively verified, itemizing the time and expenses spent on the case.
shall contain a separate statement of each material fact with reference to the specific document, (by page and line) establishing that fact.
Briefs shall identify the elements of each cause of action
If the motion is based upon the want of testimony by an absent witness, the affidavit shall state the substance of the witness' testimony and set forth efforts that have been made to secure such testimony.
The property statement includes a sworn declaration that it accurately lists the parties’ property interests and debts.
Court's wording
The undersigned (petitioner/respondent) having been duly sworn, states that the above contains a complete and accurate list of all property in which either party has any interest and a complete and accurate list of their debts.
At the time any such motion is filed, counsel shall obtain a hearing date from the bailiff and provide a written notice of hearing, unless the same is noted in a previous order. A notice of hearing shall be required for each such motion, even if additional motions are scheduled for hearing in the same case.
An Information in a criminal case shall have noted thereon the statute under which each count of the complaint is brought, the class of offense, and the penalty for the same.
All correspondence with the court regarding pending litigation shall refer to the case by case title, number, and county
If the correspondence requests the court's transmittal of documents, a pre-addressed, stamped envelope shall be enclosed by the requesting party or counsel.
For representation under Neb. Ct. R. of Prof. Cond. § 3-501.2(d), the lawyer must file a Limited Appearance containing the client's written acceptance and a statement directing pleadings, motions, and notices to the lawyer.
Court's wording
If such representation is done pursuant to Neb. Ct. R. of Prof. Cond. § 3-501.2(d), the lawyer shall file a "Limited Appearance." The "Limited Appearance" shall contain: (1) a written acceptance by the client setting forth the client's understanding of the scope, nature, and acceptance of the representation and (2) a statement that all pleadings, motions, and notices should be sent to the lawyer entering the "Limited Appearance."
The certificate shall contain a statement that all future pleadings, motions, and notices should be sent directly to the pro se litigant.
The reporter must file a deposition certificate with the clerk identifying the witness, deposition details, recipient and delivery date, and cost.
Court's wording
The reporter shall, however, file with the clerk of the court a certificate confirming that such deposition was taken, naming the witness, the date and place of the deposition, the person to whom the deposition was delivered, the date of delivery, and the cost of the deposition.
At no time shall any original pleading or filing be incorporated into any transcript or bill of exceptions, but this shall at all times remain in the custody of the clerk of the court unless otherwise ordered by the court.
Requests for relief under the discovery rules of the Supreme Court must be supported by a representation, by the moving party, that sincere efforts have been made to resolve differences before seeking the relief.
Pursuant to the discovery rules of the Supreme Court, depositions will not be filed with the clerk of the court, but delivered by the reporter to the possession of the attorney taking such deposition.
A pleading from another case may be received into evidence only if copies are substituted for the originals offered.
Court's wording
When it becomes necessary or appropriate to introduce any pleading from another case into evidence, such shall be received into evidence by the court only upon the condition that copies be substituted for the originals so offered.
Interrogatories and requests for admission shall not be filed as pleadings in any case, but may be submitted as exhibits to motions to compel or other motions addressed to the performance or limitation of such discovery.
A properly completed Department of Health Bureau of Vital Statistics form shall be filed in each dissolution of marriage or annulment action, and no decree will be entered unless the form is completed in full.
When the action involves the division of property by the court or by property settlement, both parties shall file a property statement.
A voluntary appearance must provide the defendant's mailing address and telephone number and include a receipt for the complaint and parenting brochure.
Court's wording
The voluntary appearance must contain an address to which any notices may be mailed to the defendant and the telephone number where the defendant may be reached. To comply with the statutes, it shall also contain a receipt for a copy of the complaint and Nebraska Parenting Act Information Brochure.
Every temporary or permanent order awarding child custody shall contain language substantially as follows:
Each party has a continuing duty to disclose available insurance.
Temporary orders shall include all matters required by Neb. Rev. Stat. § 43-2930(2).
The defendant must then complete the property statement by adding any additional property and inserting estimates of value.
Each complaint must be accompanied when filed with a fully completed Confidential Party Information Form, including Social Security numbers, a statement of gender, and birthdays.
In all cases where a party seeks a temporary order relating to custody, parenting time, visitation, or other access, that party shall file and offer a Temporary Child Information Affidavit verified to the extent known or reasonably discoverable by the filing party or parties.
A party may present such evidence at trial only if a written motion for leave with a notice of hearing is filed, heard, and granted before trial.
Court's wording
At trial, parties shall not present evidence intended to object to a provision in an approved parenting plan or to show a material change in circumstance subsequent to the filing of the final agreement, unless a written motion asking leave of court to present such evidence at trial, accompanied by a notice of hearing, has been filed with the court and has been heard and granted prior to the trial.
1. Make written application to the court, including proposed changes in the visitation schedule and costs of transportation;
All child support calculations shall be accompanied by the tax returns, current wage stubs, and other information concerning the resources of the parties as required by the Nebraska Child Support Guidelines.
All applications for temporary allowances (child support/ alimony) shall include a fully completed Financial Affidavit for Child Support and a proposed child support calculation using worksheet 1 of the Nebraska Child Support Guidelines and such other worksheets as the parties' circumstances may require.
A dissolution complaint involving children must include counsel's affidavit confirming delivery of the parenting brochure to the plaintiff and service or provision of a copy to the defendant as applicable.
Court's wording
All complaints for dissolution of marriage involving children must be accompanied by an affidavit from plaintiff's counsel stating that counsel has provided the plaintiff the Nebraska Parenting Act Information Brochure and has had a copy of the brochure served with summons upon the defendant or has provided a copy of the brochure to a pro se defendant who has submitted a voluntary appearance.
If the existing notification does not cover the listed matters, the clerk must provide a statement covering the education, mediation, hearing-scheduling, nonparticipation, and disqualification rules and include it in initial service packets.
Court's wording
To the extent that the matters set forth below are not addressed in the Nebraska Parenting Act notification currently provided by the clerk of the district court to the parties, the clerk of the district court shall provide a statement to the parties that their attendance at an approved parenting education class is mandatory and must be completed within the timeframe specified in this rule. The notice shall also notify the parties and counsel that the parenting plans and issues of child custody, parenting time, visitation, or other access with the child will be referred for mediation or specialized alternative dispute resolution if the parties are unable to arrive an appropriate and agreed upon plan; that no trial or other dispositive hearing will be scheduled until attendance at the required parent education seminar has been completed and mediation or specialized alternative dispute resolution to resolve issues of custody, parenting, visitation, or other access has been attempted; that failure or refusal to participate by a party shall not delay entry of a final judgment for more than 6 months; that issues of domestic violence, domestic intimate partner abuse, or child abuse or neglect may, upon consideration by the trial court, disqualify the parties from parent education, mediation, or the specialized alternative dispute resolution process. This notification shall be included in the initial service packets distributed by the clerk.
Specified affidavits must not be filed in the main court file; they must instead be offered at the temporary hearing and retained by the court reporter.
Court's wording
All Temporary Child Information Affidavits, financial affidavits for child support, and other affidavits offered in support of custody, child support, parenting time, and alimony shall not be filed in the main court file but shall be offered at the temporary hearing and retained by the court reporter.
A complaint in a dissolution case involving minor children must include the required information, subject to an alternative-address exception for a plaintiff whose location is undisclosed for safety concerns.
Court's wording
Every party in a dissolution case involving minor children shall file a complaint containing all matters required by statute and court rule. The complaint must contain the name and address of the plaintiff and his or her attorney, except that a plaintiff living at an undisclosed location for safety concerns is only required to disclose the county and state of his or her residence and provide an alternative address for the mailing of notice.
No ex parte order shall be entered in a domestic relations case without one or more supporting affidavits from a party or his or her witnesses.
Parties seeking child support or apportionment of child-related expenses must submit a final child-support financial affidavit and proposed calculation using worksheet 1 and any other required worksheets.
Court's wording
All parties seeking an order for child support and/or apportionment of expenses for medical support, including provisions for medical, dental and eye care, medical reimbursement, daycare, and extraordinary expenses of the child shall submit a Final Financial Affidavit For Child Support and a final proposed calculation of the parties' child support obligations using worksheet 1 of the Nebraska Child Support Guidelines and such other worksheets as the parties' circumstances may require.
If the parties have developed a parenting plan, the complaint shall so plead.
Availability of insurance shall be disclosed in the parties' affidavits.
It shall be the duty of the party directed by the court to promptly prepare a proper journal entry, order, judgment, or decree.
As to all journal entries which constitute a judgment within the meaning of Neb. Rev. Stat. § 25-1301.01 (Reissue 2008), the clerk shall file a certificate in the court file showing that a notice has been mailed to all parties of record or their attorneys.
The proposed journal entry shall be submitted to opposing counsel or party for approval as to form and content and then submitted to the court for its signature within 10 days after the entry of the decision or order.
The clerk shall refuse to issue an execution, order of the sale, fee bill, or other final process founded upon such decision or order in any case until the same is properly journalized and signed.
The notice of hearing shall clearly state in bold print that the hearing will be held by remote technology.
THIS FORM SHOULD BE SUBMITTED TO THE CLERK OF THE DISTRICT COURT IN THE APPLICABLE 10TH JUDICIAL DISTRICT COUNTY, WHO WILL FORWARD THE INFORMATION TO THE PRESIDING DISTRICT COURT JUDGE.
The list shall include the name, address, phone number, email, and Nebraska bar number for each attorney who is willing to accept appointments to criminal and civil (paternity/child support) cases in the judicial district.
(MUST INCLUDE ACCOUNT NUMBERS)
(MUST INCLUDE VIN #’S)
(MUST INCLUDE LEGAL DESCRIPTION)
Alternatively, if there are issues of custody, parenting time, or other matters that are not contested, those items should be pled as well.
Attorneys may contact the district court clerk in each county and, by completing and submitting a registration form, request the clerk of the district court place them on the court's court-appointed list.
Filing & Service rules
Electronic Filing Rules
Affidavits must not be filed electronically.
No affidavits will be e-filed.
Page 1 | C. TEMPORARY HEARING
Filing Timing and Cure Windows
Without oral notification of intent to file, a motion must be filed within 5 working days of the requested hearing, unless the court orders otherwise.
In the absence of such oral notification the motion shall be filed within 5 working days of the requested hearing, unless otherwise ordered by the court.
Page 1 | Rule 10-21. Motions and Hearings
A motion must be filed within 10 days after oral notification of a party's intent to file it, unless law or court order provides otherwise.
Except as otherwise provided by law or order of the court, all motions shall be in writing and filed within 10 days of oral notification of a party's intent to file the same.
Page 1 | Rule 10-21. Motions and Hearings
An Information must be filed within 30 calendar days after bind over from county court unless good cause is shown; otherwise, the case will be dismissed without prejudice.
Except for good cause shown, an Information shall be filed within 30 calendar days after bind over from county court or the case will be dismissed without prejudice.
Criminal cases
Page 1 | Rule 10-19. Criminal Informations
A party must show cause within 30 days after entry of an order why an inactive case should not be dismissed, or the case will be dismissed if good cause is not shown.
An order may then be entered requiring that cause be shown, within 30 days from entry of order, as to why said case should not be dismissed for lack of prosecution. Notice of said order shall be sent to all attorneys of record and pro se parties. If good cause is not shown, such cases shall be dismissed.
Page 1 | Rule 10-10. Case Progression, B.
When limited representation is complete, the lawyer must file a Certificate of Completion of Limited Representation within 10 days.
When the representation is complete, the lawyer shall file within 10 days a "Certificate of Completion of Limited Representation" with the court.
Page 1 | Rule 10-18. Limited Scope Representation
The deposition certificate must be filed before trial or another disposition of the case.
The certificate shall be filed prior to the trial or other disposition of the case.
Civil cases
Page 1 | Rule 10-9. Depositions, Interrogatories, Requests for Admissions, and Pleadings
If responsive affidavits are required, the court must receive them within three business days after the hearing.
If responsive affidavits are required, they shall be received by the court within 3 business days after the hearing.
Page 1 | C. TEMPORARY HEARING
Property-statement amendments or value changes must be filed at least 10 days before trial to be used, unless the parties agree or the court grants special permission; bank-account and debt amounts may be corrected at trial.
Amendments to property statements or values thereon shall not be used unless filed at least 10 days before trial, except by agreement of the parties or special permission of the court. Parties will, however, be permitted to correct amounts for bank accounts and debts at the time of trial.
Page 1 | B. PROPERTY DIVISION AND PROPERTY STATEMENTS
The motion for leave must be filed, heard, and granted before trial for the specified evidence to be presented.
At trial, parties shall not present evidence intended to object to a provision in an approved parenting plan or to show a material change in circumstance subsequent to the filing of the final agreement, unless a written motion asking leave of court to present such evidence at trial, accompanied by a notice of hearing, has been filed with the court and has been heard and granted prior to the trial.
Page 1 | J. MEDIATION
The party filing the action must file a property statement within 60 days after filing the complaint and furnish a copy to the defendant if self-represented or to the defendant's attorney.
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 pro se, or to defendant's attorney of record.
Page 1 | B. PROPERTY DIVISION AND PROPERTY STATEMENTS
The defendant must file the completed property statement within 30 days after the plaintiff's statement and furnish a copy to the plaintiff if self-represented or to the plaintiff's attorney.
The defendant's completed property statement must be filed within 30 days after the plaintiff's property statement, and a copy furnished to plaintiff, if pro se, or to the plaintiff's attorney of record.
Page 1 | B. PROPERTY DIVISION AND PROPERTY STATEMENTS
The proposed journal entry must be submitted to the court for signature within 10 days after the decision or order is entered.
The proposed journal entry shall be submitted to opposing counsel or party for approval as to form and content and then submitted to the court for its signature within 10 days after the entry of the decision or order.
Page 1 | Rule 10-3. Journal Entries
Service and Proof of Service Rules
The motion to withdraw must have been served upon the client and all parties of record.
A. Recites a reason for withdrawal and that the motion to withdraw has been served upon the client and all parties of record;
Page 1 | Rule 10-11. Withdrawal of Counsel
After the initial pleading is filed, all other pleadings must be served on every party of record or, for a represented party, that party's attorney.
After filing of the initial pleading, copies of all other pleadings shall be served upon all parties of record or if represented, the attorney.
Page 1 | D. After filing of the initial pleading
Unless a statute or court order provides otherwise, proof of service may be made by a certificate with the served party's name and address, the opposing party's or attorney's written receipt, the server's affidavit, the county sheriff's return, or other proof satisfactory to the court.
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 or the pro se party showing the name and address of any party 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; or (5) other proof satisfactory to the court.
Page 1 | E. Proof of Service of Papers
The moving party must provide its brief to opposing counsel three days before the hearing.
The moving party shall provide opposing counsel its brief 3 days prior to the hearing.
Civil cases
Page 1 | Rule 10-14. Summary Judgments
Serve the hearing notice on opposing counsel or a pro se defendant by prepaid regular U.S. mail or personal delivery at least 5 working days before the hearing.
The notice of hearing shall be mailed by regular U.S. mail, postage prepaid, or personally delivered to opposing counsel or a pro se defendant at least 5 working days prior to said hearing.
Page 1 | Rule 10-21. Motions and Hearings
A copy of court correspondence must be mailed to opposing counsel or, if unrepresented, the opposing party.
a copy of the correspondence shall be mailed to opposing counsel or party if not represented.
Page 1 | Rule 10-7. Correspondence with the Court
Notice of the order must be sent to all attorneys of record and self-represented parties.
Notice of said order shall be sent to all attorneys of record and pro se parties.
Page 1 | Rule 10-10. Case Progression, B.
For the listed temporary hearings, restraining orders, civil motions, and criminal motions or arraignments, notice must be served at least five working days before the hearing to constitute prima facie reasonable notice, unless a statute requires a longer period.
The following schedule denotes the number of days prior to a date of hearing a notice of such hearing shall be served upon a party to constitute prima facie proof of "reasonable notice" (unless a longer period is required by a specific statute): 1. Five (5) working days for all temporary hearings and restraining orders in dissolution actions, motions in civil actions, and all motions or arraignments in criminal actions;
Page 1 | Rule 10-10. Case Progression, A.
The following schedule denotes the number of days prior to a date of hearing a notice of such hearing shall be served upon a party to constitute prima facie proof of "reasonable notice" (unless a longer period is required by a specific statute): 3. Fourteen (14) calendar days for release of liens, consent to adoption, modifications, final hearings in dissolution actions, pretrials in civil actions, and other non-jury civil actions.
The following schedule denotes the number of days prior to a date of hearing a notice of such hearing shall be served upon a party to constitute prima facie proof of "reasonable notice" (unless a longer period is required by a specific statute): 3. Fourteen (14) calendar days for release of liens, consent to adoption, modifications, final hearings in dissolution actions, pretrials in civil actions, and other non-jury civil actions.
Page 1 | Rule 10-10. Case Progression, A.
For contempt actions, the schedule specifies 30 calendar days from service as prima facie reasonable notice, subject to any longer period required by statute.
The following schedule denotes the number of days prior to a date of hearing a notice of such hearing shall be served upon a party to constitute prima facie proof of "reasonable notice" (unless a longer period is required by a specific statute): 2. Thirty (30) calendar days from date of service for contempt actions;
Page 1 | Rule 10-10. Case Progression, A.
If the voluntary appearance lacks a brochure receipt, the district court clerk must mail the brochure to the defendant.
If no receipt is included, the clerk of the district court shall mail a copy of the brochure to the defendant.
Page 1 | G. VOLUNTARY APPEARANCE
A complaint to modify a child-support or custody decree requires issuance and service of summons as in a new action.
Complaints for modification of a child support decree or custody decree require the issuance and service of summons as in a new action.
Page 1 | N. NOTICE OF MOTIONS OR MODIFICATIONS AND JUDGMENT
The filing party must furnish the property statement to the defendant if self-represented or to the defendant's attorney of record.
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 pro se, or to defendant's attorney of record.
Page 1 | B. PROPERTY DIVISION AND PROPERTY STATEMENTS
A party seeking to move a child outside Nebraska must serve the application and give the other party notice of the hearing.
2. Obtain service of the application and give notice of the hearing to the other party;
Page 1 | M. LEAVING THE STATE
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 | D. EX PARTE CUSTODY ORDER
The defendant must furnish the completed property statement to the plaintiff if self-represented or to the plaintiff's attorney of record.
The defendant's completed property statement must be filed within 30 days after the plaintiff's property statement, and a copy furnished to plaintiff, if pro se, or to the plaintiff's attorney of record.
Page 1 | B. PROPERTY DIVISION AND PROPERTY STATEMENTS
Initial affidavits will be considered only if served on the opposing party during the business day two business days before the hearing.
Initial affidavits shall NOT be considered unless they are served upon the opposing party during the business day, 2 business days before the hearing (i.e., for a temporary hearing on Monday, the affidavits need to be served during the business day on Thursday).
Page 1 | C. TEMPORARY HEARING
For other defendants, plaintiff's counsel must serve the brochure with the summons and include verification of service in the return.
For all other defendants, counsel for plaintiff shall serve a copy of the Nebraska Parenting Act Information Brochure with summons with verification of service contained in the return.
Page 1 | A. FILINGS
For postjudgment proceedings other than motions for new trial, serving only the party's attorney is insufficient.
Except for motions for new trial, it is not sufficient to serve a party's attorney for postjudgment proceedings.
Page 1 | N. NOTICE OF MOTIONS OR MODIFICATIONS AND JUDGMENT
Both parties must receive notice of the final hearing unless service was by publication and no answer was filed.
In all cases, except where service was obtained by publication and no answer has been filed, notice of final hearing is required to both parties.
Page 1 | F. NOTICE
For journal entries that constitute a judgment under the cited statute, notice must be mailed to all parties of record or their attorneys.
As to all journal entries which constitute a judgment within the meaning of Neb. Rev. Stat. § 25-1301.01 (Reissue 2008), the clerk shall file a certificate in the court file showing that a notice has been mailed to all parties of record or their attorneys.
Page 1 | Rule 10-3. Journal Entries
For a remote proceeding, a party intending to offer exhibits must provide them to the court reporter and all opposing parties 48 hours before the hearing, unless law or local 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
A failure to prove service does not invalidate the service, and the court may allow 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.
Page 1 | E. Proof of Service of Papers
When notice is given by U.S. mail instead of personal service, add one, two, or three days depending on the addressee's location.
Where notice is given by U.S. mail rather than by personal service, add 1 day for addressee in the same city, 2 days for addressee in state but outside the city, and 3 days for addressee outside state.
Page 1 | Rule 10-10. Case Progression, A.
The service period is waived if the party to be served appears personally or through an attorney without specifically objecting to that period.
Period of service will be considered waived when party to be served appears in person or by attorney without making specific objection to the period of service.
Page 1 | Rule 10-10. Case Progression, A.
The court may approve notice that does not meet the guideline periods if the facts show that reasonable notice was given.
The court may approve notices served or mailed not meeting the above guideline requirements where the court determines from the facts that "reasonable notice" has been given.
Page 1 | Rule 10-10. Case Progression, A.
Filing Fees and Waivers
Except in criminal cases and proceedings with a court-approved poverty affidavit, court costs must be paid when an action is commenced and when liability for additional costs accrues.
Except for criminal cases and proceedings wherein a poverty affidavit is filed and approved by the court, court costs shall be paid when actions are commenced and thereafter, when liability for additional costs accrue.
Page 1 | I. Costs
An attorney is responsible to the clerk for costs incurred at the attorney's request and must pay them immediately upon receiving the clerk's statement.
An attorney is responsible to the clerk for costs incurred at the attorney's request and shall immediately pay the same upon receipt of the clerk's statement of such fees.
Page 1 | I. Costs
The statutory filing fee must accompany the complaint unless the plaintiff has requested to proceed in forma pauperis.
Unless a plaintiff has requested to proceed in forma pauperis, the statutory filing fee must accompany the complaint.
Page 1 | A. FILINGS
Sealing & Redaction Procedures
Court-filed documents and trial exhibits must not contain complete financial account or debt numbers; the numbers must be redacted as needed, while still being identifiable by agreement or court direction.
No pleading or other document filed with the court and no exhibit used at trial shall contain a complete account number for any financial accounts or debts of any party. The same shall be redacted to the extent necessary to protect the information from misuse. By agreement of the parties, or as directed by the court, such information shall be identified in such a manner so the parties, counsel, and court can distinguish information between similar accounts or debts.
Page 1 | O. SOCIAL SECURITY NUMBERS AND ACCOUNT NUMBERS
Attorneys submitting affidavits must redact irrelevant material and hearsay before offering them.
It is the obligation of attorneys submitting affidavits to redact from the affidavits all irrelevant material and hearsay prior to them being offered.
Page 1 | C. TEMPORARY HEARING
Social Security numbers should not be contained in any pleading filed in the court file.
Social Security numbers should not be contained in any pleading filed in the court file.
Page 1 | O. SOCIAL SECURITY NUMBERS AND ACCOUNT NUMBERS
Pre-Motion Conference Requirements
Parties must submit supporting or opposing briefs for summary judgment and dismissal motions.
Parties shall submit briefs in support of, or in opposition to, a motion for summary judgment or motion to dismiss.
Civil cases
Page 1 | Rule 10-14. Summary Judgments
Before seeking discovery relief, the moving party must make sincere efforts to resolve the differences and provide a representation that those efforts were made.
Requests for relief under the discovery rules of the Supreme Court must be supported by a representation, by the moving party, that sincere efforts have been made to resolve differences before seeking the relief.
Civil cases
Page 1 | Rule 10-9. Depositions, Interrogatories, Requests for Admissions, and Pleadings
Opposing counsel may respond for the time the court authorizes at the hearing.
Opposing counsel shall have such time to respond as authorized by the court at the time of the hearing.
Civil cases
Page 1 | Rule 10-14. Summary Judgments
Adjournment & Extension Requirements
If the opposing party objects to a continuance, the movant must set the motion for hearing.
If the opposing party does object, it is the responsibility of the party filing the motion to set the motion for hearing.
Civil cases
Page 1 | Rule 10-2. Continuances
If the opposing party does not object, the movant must arrange a new hearing 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 10-2. Continuances
A motion for continuance must be made at least 3 working days before the hearing, except in exigent circumstances.
Except for exigent circumstances, a motion for a continuance shall be made at least 3 working days prior to the hearing for which the continuance is requested.
Civil cases
Page 1 | Rule 10-2. Continuances
Stipulations to continue hearings scheduled for more than 1 hour require court approval.
Stipulations for continuances for hearings scheduled for more than 1 hour are subject to the approval of the court.
Civil cases
Page 1 | Rule 10-2. Continuances
A criminal case set for trial may be continued only if the moving party files a written continuance motion supported by sufficient affidavits.
No criminal case set for trial will be continued unless a written motion for a continuance, supported by sufficient affidavits, is filed by the moving party.
Criminal cases
Page 1 | Rule 10-22. Trials and Continuances
When considering a continuance stipulation, the court will consider the reasons given, the progression schedule, and the availability of an alternate date.
The court will consider the reasons given, the progression schedule, and the availability of an alternate date.
Civil cases
Page 1 | Rule 10-2. Continuances
Either party may request an extension to file or complete a property statement by written motion showing good cause.
Either party may receive an extension of time for filing or completing a property statement upon written motion and good cause shown.
Page 1 | B. PROPERTY DIVISION AND PROPERTY STATEMENTS
Chambers Communication Rules
Defense counsel must notify the district court clerk 10 days before a hearing if an interpreter is needed for the defendant or a defense witness.
It is the duty of defense counsel to notify the clerk of the district court 10 days prior to any hearing of the need for an interpreter for the defendant or any of its witnesses.
Criminal cases
If the county attorney needs an interpreter for a witness, it must notify the district court clerk within the 10 days before a hearing.
If the county attorney needs an interpreter for its witnesses, it shall notify the clerk of the district court within 10 days prior to any hearing.
Criminal cases
The court must be advised of jury cases ready for trial at each criminal pretrial session.
The court shall be advised of jury cases ready for trial at each criminal pretrial session held by the court.
Criminal cases
Page 1 | Rule 10-22. Trials and Continuances
A party needing an interpreter, or that party’s counsel, must notify the district court clerk at least 10 days before a hearing and specify whether an interpreter is needed for a party, witnesses, or both.
It is the duty of a pro se party needing an interpreter or counsel for a party needing an interpreter to notify the clerk of the district court 10 days prior to any hearing of the need for an interpreter. It shall be specified whether an interpreter is needed for one of the parties and/or one or more witnesses.
Page 1 | Rule 10-15. Interpreters
To schedule a remote proceeding, the parties 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
The clerk or bailiff should be kept informed of counsel’s whereabouts during jury deliberations unless the court excuses counsel.
The clerk or bailiff should be kept informed of where counsel will be at all times when the jury is deliberating, unless excused by the court.
Civil cases
Page 1 | A. Availability of Counsel During Jury Deliberations
A party or attorney who objects to a journal entry’s form or content should immediately notify the court of the requested change.
Should a party or attorney object to the form or content of the journal entry, he or she should notify the court immediately of any requested change.
Page 1 | Rule 10-3. Journal Entries
Attorneys may contact the district court clerk and submit a completed registration form to request placement on the court-appointed list.
Attorneys may contact the district court clerk in each county and, by completing and submitting a registration form, request the clerk of the district court place them on the court's court-appointed list.
Page 1 | IV. COURT-APPOINTED ATTORNEY LIST
Junior Lawyer Participation Incentives
Less experienced attorneys should receive cases within their capabilities and the opportunity to expand their 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.
Page 1 | III. GENERAL