Twelfth Judicial District Court, Nebraska
Court-Level Rules, Filing Procedures & Policies
- Rules last changed:
Limits & Logistics
Document Limits
Adjournments
- Either party may seek an extension to file or complete the property statement by written motion showing good cause.
- Once a cause is at issue, it must be tried during the current or next term unless the court orders otherwise or statutory grounds for a continuance exist.
- A motion for continuance must state whether the opposing party objects.
- +2 more
Request must include
Communication
Phone
Phone
Clerk
Page & Word Limits1 rule
Except for good cause shown, no more than 5 affidavits or, alternatively, no more than 20 affidavit pages (excluding exhibits attached thereto), will be considered by the court at the time of the temporary hearing.
- Affidavit
- Up to 20 pages
Excluded from page count
- •Exhibits
Document Format Requirements6 rules
Answers to interrogatories or requests for admission shall be typed with the answers following the question.
- Interrogatory answer
Formatting
- •Type the answers and place each answer following its question
Interrogatories or requests for admission shall have sufficient space below the interrogatory or request for the responding party to answer.
If there is insufficient space, the responding party shall retype the full question and answer.
They shall be numbered consecutively.
Appendix 1 must be used to request placement on or removal from the court-appointed attorney list.
Court's wording
The County Court shall maintain a misdemeanor list and a separate felony appointment list (Appendix 1, attached hereto, shall be used when requesting to be placed or removed from the court-appointed attorney list).
No stipulations of counsel shall be binding unless made in writing or upon the official record.
Document Filing Requirements28 rules
Where child support is an issue, counsel shall also prepare and exchange Nebraska Child Support Guidelines worksheets 24 hours prior to the hearing.
Evidence shall be submitted by affidavits, which shall be exchanged by the parties at least 24 hours prior to the hearing.
The court must prepare an order advising parties and counsel of the parenting-seminar requirement and the listed mediation, trial-setting, delay, and domestic-violence provisions.
Court's wording
The court shall prepare an order, for distribution by the district court clerk, advising the filing parties and their attorneys that attendance at a parenting seminar is mandatory and must be completed within 60 days from the filing of the complaint. The order shall also advise the parties and counsel: (a) that the parenting plans and visitation schedules may be referred for mediation; (b) that no trial date will be set until attendance at the required parent education seminar has been completed and, if required, mediation to resolve custody and/or visitation issues has been attempted; (c) that failure or refusal to participate by a party shall not delay entry of a final judgment by more than 6 months; and (d) that domestic violence issues may, upon consideration by the trial court, disqualify the parties from mediation.
In all cases where custody of children is ordered, a "Parenting Guidelines," obtainable from the office of the judge assigned to the case, shall be attached to and made a part of the custody order.
The property statement shall then be finalized, signed, and a copy delivered to the judge at least 10 days prior to trial.
For cases involving parties with no counsel, the parties shall complete and file with the district court clerk a "Certificate of Readiness" indicating that the case is ready to be set for an uncontested final hearing. Such certificates will be in a form acceptable to the court.
(1) Make written application to the court, including proposed changes in the visitation schedule and costs of transportation;
A mediated agreement must be written, and the mediator must provide the parties and their attorneys copies with a notice explaining the right to make specific written objections.
Court's wording
If the parties reach an agreement through mediation, the agreement shall be reduced to writing. Copies shall be provided by the mediator to the parties and their attorneys, together with a notice informing the parties and their attorneys of their right to express their objections to the written agreement. The notice shall inform the parties and their attorneys that they have 21 days from the date of the notice to notify the mediator of any written objections to the terms of the agreement. Such objections shall be specific. All matters not specifically objected to shall be deemed final.
The final-hearing Certificate of Readiness must include the parties' names, case number, counsel information, filing and service or appearance dates, and the specified parenting, education, child-support, settlement, and mediation information.
- Document
- Certificate of readiness
Must include
- •Case number
Court's wording
The "Certificate of Readiness" for final hearing shall contain the following information: (i) The full names of the parties; (ii) The case number of the case; (iii) The names, addresses, and bar number of counsel; (iv) The date on which the complaint was filed and the date of service on defendant or the date of filing of the voluntary appearance by the defendant; (v) That the parties have agreed to a parenting plan; (vi) That the parties have attended the parent education seminar required by the court; (vii) That the parties have completed child support calculations pursuant to the Nebraska Child Support Guidelines and have agreed to all financial matters contemplated by the guidelines; (viii) That the parties have entered into a written and signed property settlement agreement; and (ix) That the parties have or have not attended mediation.
The district court clerk shall include this order with the filing and service packets distributed by the clerk.
Where the action involves a division of property, both parties shall prepare a single joint property statement setting forth assets, liabilities, and any other information concerning property germane to the case at bar.
Such objections shall be specific.
Pursuant to Neb. Rev. Stat. § 43-2930, each party to a contested proceeding for a temporary order related to parenting functions or custody shall offer a Child Information Affidavit as an exhibit at the hearing.
Prior to setting a case for an uncontested final hearing, the parties shall file a "Certificate of Readiness" with a copy of the parenting plan with the court.
Every temporary or permanent child-custody order must substantially state that a child may not be moved outside Nebraska unless the moving party first applies in writing, gives notice, and establishes that the move is in the child's best interests.
Court's wording
Every order for child custody, temporary or permanent, shall contain language substantially as follows: A party exercising custody of a minor child is ordered not to move the child outside the State of Nebraska. Anyone intending such a move must first: (1) Make written application to the court, including proposed changes in the visitation schedule and costs of transportation; (2) Give notice of the application and hearing to the other party; and (3) Establish that the move is in the child's best interests.
A request for discovery relief must include the moving party’s certificate of sincere personal consultation and the conference’s date, time, place, participants, and specific results.
- Document
- Request for relief under nebraska discovery rules
Must include
- •Certificate of conference
Court's wording
Requests for relief under the Nebraska Discovery Rules must be accompanied by a certificate by the moving party that sincere efforts have been made by personal consultation to resolve the difference. The statements shall also recite the date, time, and place of the conference, the names of those participating, and the specific results of the conference.
Requests for relief under the Nebraska Discovery Rules shall also specify which numbered discovery requests are in dispute.
The party offering public-office records as evidence or marking them for a pretrial conference must furnish copies to the court reporter before offering them.
Court's wording
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, the party offering the same shall furnish copies to the court reporter before the offer.
All documentary evidence which is not impeaching or rebuttal in nature shall be presented to the court reporter prior to trial or hearing, marked for identification, and exhibited to opposing counsel for inspection.
In all cases where the court is asked to judicially notice pleadings, affidavits, or other documents from the court file, the party offering the same shall obtain a photocopy prior to the hearing to be marked and offered as an exhibit.
Attorneys must set forth the experience that qualifies them to handle the level of case referenced in their request.
Unless otherwise authorized by the court, plea agreements in criminal cases shall be in writing and signed by the defendant and counsel.
All correspondence with the court regarding pending litigation shall refer to the subject case by case title, number, and county
If the correspondence necessitates the court's transmittal of papers, preaddressed stamped envelopes shall be enclosed.
In criminal matters, it is always the responsibility of the County Attorney to submit the same.
It shall be the duty of the party directed by the court to promptly prepare a proper journal entry, order, judgment, or decree. The proposed journal entry shall be submitted to opposing counsel for approval as to form and submitted to the court for its signature within 7 days after entry of the decision or order.
Please initial:
In Scotts Bluff County, when any motion requiring a hearing is filed, it should contain a notice of hearing with a date, time, manner of hearing, and certificate of service.
- Document
- Motion
Should include
- •Certificate of service
Filing & Service rules
Filing Timing and Cure Windows
The plaintiff must prepare the property statement within 40 days after filing the action.
The plaintiff shall have 40 days from filing the action to prepare the property statement and furnish a copy to the opposing party.
Page 1 | C. (1) Joint Property Statements
Property-statement amendments are not permitted unless filed at least 10 days before trial, except by party agreement or court order.
Except by agreement of the parties or by order of the court, amendments to the property statement shall not be permitted unless filed at least 10 days prior to trial.
Page 1 | C. (2) Extensions and Pretrial Filing Deadline
Within 30 days after service of the plaintiff's initial statement, the defendant must add any additional property and liabilities, estimate the value of all listed property and liabilities, and serve the completed statement on the plaintiff.
The defendant shall then complete the property statement by adding any additional property/liabilities and the defendant's estimates of the value of all property and the amount of all liabilities listed by the plaintiff. The defendant shall complete the property statement and serve a copy on the plaintiff within 30 days after the plaintiff served the initial statement.
Page 1 | C. (1) Joint Property Statements
A copy of the finalized and signed property statement must be delivered to the judge at least 10 days before trial.
The property statement shall then be finalized, signed, and a copy delivered to the judge at least 10 days prior to trial.
Page 1 | C. (1) Joint Property Statements
The proposed journal entry must be submitted to the court for signature within 7 days after entry of the decision or order.
The proposed journal entry shall be submitted to opposing counsel for approval as to form and submitted to the court for its signature within 7 days after entry of the decision or order.
Page 1 | Rule 12-13. Journal Entries / Orders / Decrees
Plea agreements and jury trial waivers in criminal cases will not be accepted after the last motion day before the trial session unless good cause is shown.
Plea agreements and jury trial waivers in criminal cases will not be accepted after the last motion day preceding the trial session, except for good cause shown.
Page 1 | B. Trial Calendars and Scheduling
All other motion-calendar items must be heard on the first calendar scheduled 10 days after filing.
All other motion calendar items shall be heard on the first calendar that is scheduled 10 days after filing.
Page 1 | B. Items Placed on the Motion Calendar.
After a motion is ruled upon, a party required to plead further is allowed 10 days to do so, or 20 days to answer, unless the court sets another time.
When any motion is ruled upon, the party required to plead further shall be allowed 10 days to further plead or 20 days to answer, unless given another time by the court.
Page 1 | E. Time for Pleading Over.
A summary-judgment hearing must be calendared at least 10 days after service on an adverse party.
Hearings on motions for summary judgment shall be on the motion calendar scheduled at least 10 days after its service on an adverse party.
Page 1 | B. Items Placed on the Motion Calendar.
Applications for temporary relief in domestic relations cases must be calendared for the motion day 3 days after filing.
Applications for temporary relief in domestic relations cases shall be calendared for hearing on the motion day 3 days after filing.
Page 1 | B. Items Placed on the Motion Calendar.
An appeal must be placed on the next motion calendar after the bill of exceptions is filed when demanded, or otherwise after the transcript is filed.
Appeals shall be placed on the next motion calendar after the bill of exceptions is filed in district court, where such a demand is made, otherwise the appeal shall be placed on the next motion calendar after the transcript is filed.
Page 1 | B. Items Placed on the Motion Calendar.
A motion is deemed abandoned if notice of a hearing date is not secured and served within 10 days after filing.
Failure to secure and serve notice of a date for hearing within 10 days after filing a motion will be deemed an abandonment of the motion.
Page 1 | A. Maintenance and Notice of the Motion Calendar.
Unless the court orders otherwise, documentary evidence must be submitted to the court at least 3 working days before the hearing.
Unless otherwise ordered by the court, all documentary evidence shall be submitted to the court at least 3 working days in advance of the hearing with copies to other counsel or pro se parties.
Page 1 | D. Telephonic or Videoconference Hearings.
If securing a hearing time is impossible, the motion may be filed, but hearing notice must be furnished promptly afterward.
If it is impossible to secure a time for hearing, the motion may be filed, but notice of hearing must be furnished promptly thereafter.
Page 1 | A. Maintenance and Notice of the Motion Calendar.
Service and Proof of Service Rules
The plaintiff must furnish the property statement to the opposing party.
The plaintiff shall have 40 days from filing the action to prepare the property statement and furnish a copy to the opposing party.
Page 1 | C. (1) Joint Property Statements
When child support is at issue, counsel must exchange the worksheets 24 hours before the hearing.
Where child support is an issue, counsel shall also prepare and exchange Nebraska Child Support Guidelines worksheets 24 hours prior to the hearing.
Page 1 | D. Temporary Hearing
The parties must exchange hearing affidavits at least 24 hours before the hearing.
Evidence shall be submitted by affidavits, which shall be exchanged by the parties at least 24 hours prior to the hearing.
Page 1 | D. Temporary Hearing
The other party must receive notice of the application and hearing concerning a proposed move.
(2) Give notice of the application and hearing to the other party;
Page 1 | A. Leaving the State
The defendant must serve the completed property statement on the plaintiff within 30 days after the plaintiff serves the initial statement.
The defendant shall complete the property statement and serve a copy on the plaintiff within 30 days after the plaintiff served the initial statement.
Page 1 | C. (1) Joint Property Statements
The mediator must provide copies of the written agreement and the objection-rights notice to the parties and their attorneys.
Copies shall be provided by the mediator to the parties and their attorneys, together with a notice informing the parties and their attorneys of their right to express their objections to the written agreement.
Page 1 | E. (4)(a)
A copy of correspondence to the court must be mailed to opposing counsel or the pro se party.
a copy of such correspondence shall be mailed to opposing counsel or pro se party.
Page 1 | Rule 12-1. Correspondence with the Court
The motion calendar must be mailed to the listed recipients at least 4 days before each motion day.
It shall be mailed to attorneys, pro se parties, court reporters, and judges of the court at least 4 days before each motion day.
Page 1 | A. Maintenance and Notice of the Motion Calendar.
The motion must be served on all other parties by personal delivery or mail.
It shall be served by personal delivery or mail on all other parties to the case.
Page 1 | A. Maintenance and Notice of the Motion Calendar.
When an adverse party has made no valid appearance, the movant must give that party notice of the hearing.
If no valid appearance has been made for an adverse party, responsibility for giving notice of hearing to that party shall be upon the movant.
Page 1 | A. Maintenance and Notice of the Motion Calendar.
Unless the court orders otherwise, copies of documentary evidence must be provided to other counsel or pro se parties at least 3 working days before the hearing.
Unless otherwise ordered by the court, all documentary evidence shall be submitted to the court at least 3 working days in advance of the hearing with copies to other counsel or pro se parties.
Page 1 | D. Telephonic or Videoconference Hearings.
If briefs are furnished and served, they should be furnished and served at least 3 days before the hearing.
If briefs are furnished and served, it should be done at least 3 days before the hearing.
Page 1 | C. Submission of Motions.
Posting and mailing the calendar is sufficient hearing notice unless a statute requires a different service method.
Posting and mailing is sufficient notice of hearing where no different method of service is required by statute.
Page 1 | A. Maintenance and Notice of the Motion Calendar.
Pre-Motion Conference Requirements
Before requesting discovery relief, the moving party must make sincere efforts to resolve the dispute through personal consultation.
Requests for relief under the Nebraska Discovery Rules must be accompanied by a certificate by the moving party that sincere efforts have been made by personal consultation to resolve the difference.
Civil cases
Page 1 | Rule 12-6. Discovery
Adjournment & Extension Requirements
Once a cause is at issue, it must be tried during the current or next term unless the court orders otherwise or statutory grounds for a continuance exist.
Unless otherwise ordered by the court, after a cause is at issue it shall be tried at the term of court then in progress or at the next succeeding term of court unless statutory grounds for a continuance exist.
Civil cases
Page 1 | A. Trials; (2) Disposition of Untried Cases
A motion for continuance without agreement must be set for hearing.
Motions for continuance that lack agreement must be set for hearing.
Page 1 | F. Continuance or Additional Time to Plead.
A continuance may not be granted ex parte.
No order granting a continuance shall be made ex parte.
Page 1 | F. Continuance or Additional Time to Plead.
A motion for continuance must state whether the opposing party objects.
In addition to the requirements set forth in Neb. Rev. Stat. § 25-1148, a motion for continuance shall set forth whether the opposing party has any objection to the continuance.
Page 1 | F. Continuance or Additional Time to Plead.
Either party may seek an extension to file or complete the property statement by written motion showing good cause.
Either party may obtain an extension of the time for filing or completing the property statement on written motion for good cause shown.
Page 1 | C. (2) Extensions and Pretrial Filing Deadline
Chambers Communication Rules
Counsel must be available on short notice, in person or by telephone as ordered, during jury deliberations if a verdict or jury question arises.
Counsel shall be available on short notice, personally or by telephone as ordered by the court, during jury deliberations in the event of a verdict or a question by the jury.
Page 1 | A. Availability of Counsel During Jury Deliberations
Attorneys seeking placement on or removal from the court-appointed list must contact the County Court and make the request to the Clerk Magistrate.
Attorneys must contact the County Court in each county and request the Clerk Magistrate to place them on, or remove them from, the court-appointed list.
Criminal cases
Page 1 | IV. COURT-APPOINTED ATTORNEY LIST
The party requesting a telephone conference call is responsible for arranging it, notifying participating parties, initiating the call on time, paying call expenses, and using adequate equipment.
The party requesting the telephone conference call shall be responsible for:
Page 1 | D. Telephonic or Videoconference Hearings.
The requesting party must initiate the conference call promptly at the scheduled time and pay all call expenses.
(c) initiating the call promptly at the time scheduled and providing for all expenses of the call; and
Page 1 | D. Telephonic or Videoconference Hearings.
A time of hearing shall be secured by contacting the office of the judge responsible for the case.
A time of hearing shall be secured by contacting the office of the judge responsible for the case.
Page 1 | A. Maintenance and Notice of the Motion Calendar.
The requesting party must arrange the conference-call time with the clerk for a motion-day call or with the judge otherwise.
(a) arranging the time for the conference call, with the clerk if scheduled for a motion day and with the judge if scheduled otherwise;
Page 1 | D. Telephonic or Videoconference Hearings.
In Scotts Bluff County, counsel must notify the judge in chambers that the bill of exceptions was filed and obtain a hearing date to submit the appeal.
In Scotts Bluff County, counsel shall notify the judge in chambers that the bill of exceptions has been filed and obtain a hearing date to submit the appeal.
Page 1 | B. Items Placed on the Motion Calendar.
The party requesting the conference call must notify all other parties who will participate.
(b) notifying all other parties who will participate in the conference call;
Page 1 | D. Telephonic or Videoconference Hearings.
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.
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.
Page 1 | A. Availability of Counsel During Jury Deliberations
Counsel must immediately notify the County Court of changes to the information provided.
I acknowledge that if any of the above information changes, I shall immediately notify the County Court.
Criminal cases
Page 2 | Appointment Eligibility and Acknowledgments
Counsel who no longer wishes to receive appointments must immediately notify the County Court, after which their name will be removed from the list.
I acknowledge that if I no longer wish to receive court appointments, I will immediately notify the County Court. My name will then be removed from the list.
Criminal cases
Page 2 | Appointment Eligibility and Acknowledgments
If appointed counsel believes they cannot properly represent the defendant, they must immediately inform the presiding judge and request permission to withdraw.
Therefore, if I feel I cannot properly represent the defendant on his/her charges, I shall immediately inform the judge of the court presiding over the case and request that I be allowed to withdraw from the case.
Criminal cases
Page 2 | Appointment Eligibility and Acknowledgments
The requesting party must use equipment that provides adequate sound quality and volume; if it is insufficient, the court may require other means to complete the telephone hearing.
(d) utilizing appropriate equipment and systems to ensure that all persons participating have adequate sound quality and volume. If the court determines that the sound quality or volume is insufficient, the court may require the party initiating the call to utilize other means to complete the hearing by telephone.
Page 1 | D. Telephonic or Videoconference Hearings.
Attorneys may contact the appropriate County Court to request the current court-appointed counsel list.
Attorneys may contact the appropriate County Court and request the current court-appointed counsel list.
Criminal cases
Page 1 | V. METHOD OF SELECTION FROM COURT-APPOINTED LIST
Counsel may arrange trial-setting motions and other noncontested motions by contacting the responsible judge instead of placing them on the motion calendar.
Motions to set cases for trial or other noncontested motions may be accomplished by counsel directly contacting the judge responsible for the case rather than placing the matter on the motion calendar.
Page 1 | A. Maintenance and Notice of the Motion Calendar.
Junior Lawyer Participation Incentives
Less experienced attorneys should receive cases within their capabilities and opportunities 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:
Criminal cases
Page 1 | III. GENERAL