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

CRITICAL

Service

Mail to opposing party

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.

CRITICAL

Applies to

Modification complaint

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.

CRITICALCivil cases

Applies to

Brief

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.

CRITICAL

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;

CRITICAL

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.

CRITICAL

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.

CRITICAL

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;

CRITICAL

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

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.

CRITICAL

Deadline

5 working days

Applies to

Notice of hearing

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.

CRITICAL

Deadline

2 business days

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).

CRITICAL

Deadline

5 working days

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;

CRITICAL

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.

CRITICAL

Deadline

14 calendar days

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.

CRITICAL

Service

Mail to all parties

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

Service

Mail to opposing party

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.

CRITICAL

Deadline

48 hours

Applies to

Exhibits

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

Deadline

30 calendar days

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;

WARNING

Service

Mail

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.

WARNING

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.

WARNING

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.

INFO

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.