Tenth Judicial District Court, Nebraska Document Filing Requirements

CRITICALCriminal cases

Applies to

Motion for fees

Court-appointed counsel must file a positively verified written fee motion itemizing time and expenses before payment is allowed.

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.

CRITICAL

Applies to

Dissolution or annulment action

A completed Department of Health Bureau of Vital Statistics form must be filed in each dissolution or annulment action, and a decree will not be entered unless it is complete.

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.

CRITICAL

Applies to

Property statement

When property division is at issue, both parties must file a property statement.

When the action involves the division of property by the court or by property settlement, both parties shall file a property statement.

CRITICAL

Applies to

Voluntary appearance

A voluntary appearance must provide the defendant's mailing address and telephone number and include a receipt for the complaint and parenting brochure.

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.

CRITICALCivil cases

Applies to

Deposition certificate

The reporter must file a deposition certificate with the clerk identifying the witness, deposition details, recipient and delivery date, and cost.

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.

CRITICAL

Applies to

Child custody order

Every temporary or permanent child-custody order must contain the specified language governing a proposed move outside Nebraska.

Every temporary or permanent order awarding child custody shall contain language substantially as follows:

CRITICAL

Each party has an ongoing duty to disclose available insurance.

Each party has a continuing duty to disclose available insurance.

CRITICALCriminal cases

Applies to

Information

A criminal Information must identify the statute for each count, the offense class, and the penalty.

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.

CRITICALCivil cases

Applies to

Original pleading or filing

Original pleadings and filings must not be incorporated into a transcript or bill of exceptions and must remain with the clerk unless the court orders otherwise.

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.

CRITICALCivil cases

Applies to

Brief

Briefs must include a separate statement of each material fact and cite the specific document by page and line.

shall contain a separate statement of each material fact with reference to the specific document, (by page and line) establishing that fact.

CRITICAL

Applies to

Temporary order

Temporary orders must include all matters required by Neb. Rev. Stat. § 43-2930(2).

Temporary orders shall include all matters required by Neb. Rev. Stat. § 43-2930(2).

CRITICALCivil cases

Applies to

Discovery relief request

A request for discovery relief must be supported by the moving party's representation that sincere efforts were made to resolve the differences.

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.

CRITICAL

Applies to

Property statement

The defendant must complete the property statement by adding additional property and estimated values.

The defendant must then complete the property statement by adding any additional property and inserting estimates of value.

CRITICAL

Applies to

Pleading

A pro se party's pleading must include that party's name, address, and telephone number.

C. Pleadings submitted by a pro se party shall contain the name, address, and telephone number of the pro se party offering the pleading.

CRITICAL

Applies to

Complaint

Each complaint must be filed with a completed Confidential Party Information Form containing Social Security numbers, gender, and birthdays.

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.

CRITICALCivil cases

Applies to

Deposition

Depositions must not be filed with the clerk; the reporter must deliver them to the attorney who took the deposition.

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.

CRITICAL

Applies to

Temporary child information affidavit

A party seeking a temporary order regarding custody, parenting time, visitation, or other access must file and offer a Temporary Child Information Affidavit verified to the extent known or reasonably discoverable.

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.

CRITICAL

Applies to

Journal entry order judgment decree

A party directed by the court must promptly prepare a proper journal entry, order, judgment, or decree.

It shall be the duty of the party directed by the court to promptly prepare a proper journal entry, order, judgment, or decree.

CRITICAL

Applies to

Motion

When filing a motion, counsel must obtain a hearing date and provide a written notice unless a previous order notes it; each motion requires its own notice even when motions share a hearing.

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.

CRITICAL

Applies to

Limited appearance

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.

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."

CRITICAL

Applies to

Written motion

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.

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.

CRITICAL

Applies to

Certificate

For journal entries that constitute a judgment under the cited statute, the clerk must file a certificate showing that notice was 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.

CRITICALCriminal cases

Applies to

Court appointment list registration form

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.

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.

CRITICALCivil cases

Applies to

Pleading from another case

A pleading from another case may be received into evidence only if copies are substituted for the originals offered.

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.

CRITICAL

Applies to

Written application

A party intending to move a child outside Nebraska must apply to the court in writing and include proposed visitation-schedule changes and transportation costs.

1. Make written application to the court, including proposed changes in the visitation schedule and costs of transportation;

CRITICAL

Applies to

Notice of hearing

A notice of hearing for a remote proceeding must 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.

CRITICALCivil cases

Applies to

Property statement

The property statement includes a sworn declaration that it accurately lists the parties’ property interests and debts.

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.

CRITICALCivil cases

Applies to

Brief

Briefs must identify the elements of each cause of action.

Briefs shall identify the elements of each cause of action

CRITICAL

Applies to

Child support calculation

Child-support calculations must be accompanied by tax returns, current wage stubs, and other information about the parties' resources required by the guidelines.

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.

CRITICAL

Applies to

Application for temporary allowances

Applications for temporary child support or alimony must include a completed child-support financial affidavit and a proposed calculation using worksheet 1 and any other required worksheets.

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.

CRITICALCriminal cases

Applies to

Affidavit

For a continuance motion based on an absent witness, the affidavit must describe the substance of the witness's testimony and efforts to secure it.

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.

CRITICALCivil cases

Applies to

Interrogatories and requests for admission

Interrogatories and requests for admission must not be filed as pleadings but may be submitted as exhibits to motions addressing that discovery.

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.

CRITICAL

Applies to

Complaint

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.

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.

CRITICAL

Applies to

Pleading

Every pleading must contain proof of service.

Every pleading shall contain a proof of service.

CRITICAL

Applies to

Initial service packet notice

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.

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.

CRITICALCivil cases

Applies to

Motion for continuance

A motion for continuance must state whether the opposing party objects.

a motion for continuance shall set forth whether the opposing party has an objection.

CRITICAL

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.

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.

CRITICAL

Applies to

Correspondence

Correspondence to the court about pending litigation must identify the case by title, number, and county.

All correspondence with the court regarding pending litigation shall refer to the case by case title, number, and county

CRITICAL

Applies to

Proposed journal entry

A proposed journal entry must be submitted to opposing counsel or the party for approval as to form and content before it is submitted to the court for signature.

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.

CRITICAL

Applies to

Temporary hearing affidavit

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.

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.

CRITICAL

Applies to

Complaint

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.

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.

CRITICAL

Applies to

Ex parte order request

An ex parte order requires at least one supporting affidavit from a party or the party's witnesses.

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.

CRITICAL

Applies to

Child support application

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.

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.

CRITICAL

Applies to

Final process

The clerk must not issue final process founded on a decision or order until it has been properly journalized and signed.

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.

CRITICAL

Applies to

Certificate of completion of limited representation

The Certificate of Completion of Limited Representation must state that future pleadings, motions, and notices should be sent directly to the pro se litigant.

The certificate shall contain a statement that all future pleadings, motions, and notices should be sent directly to the pro se litigant.

CRITICAL

Applies to

Complaint

If the parties have developed a parenting plan, the complaint must plead that fact.

If the parties have developed a parenting plan, the complaint shall so plead.

CRITICAL

Applies to

Stipulation

Stipulations must either be made in open court and recorded by the reporter, or be written, signed by the parties or counsel, and filed with the court.

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.

CRITICAL

Applies to

Party affidavit

The parties must disclose available insurance in their affidavits.

Availability of insurance shall be disclosed in the parties' affidavits.

CRITICALCivil cases

Applies to

Continuance order

Every order continuing a hearing must specify the rescheduled hearing's date and time.

All orders for a continuance of a hearing will specify the date and time of the rescheduled hearing.

CRITICAL

Applies to

Correspondence

A party or counsel requesting that the court transmit documents must enclose a pre-addressed, stamped envelope.

If the correspondence requests the court's transmittal of documents, a pre-addressed, stamped envelope shall be enclosed by the requesting party or counsel.