Twelfth Judicial District Court, Nebraska Document Filing Requirements

CRITICAL

Applies to

Child support guidelines worksheets

When child support is at issue, counsel must prepare Nebraska Child Support Guidelines worksheets for 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.

CRITICAL

Applies to

Temporary hearing evidence

Evidence at a temporary hearing must be submitted by affidavit.

Evidence shall be submitted by affidavits, which shall be exchanged by the parties at least 24 hours prior to the hearing.

CRITICALCriminal cases

Applies to

Court appointed list request

A request concerning placement on or removal from the court-appointed list must state the attorney’s qualifying experience for the referenced case level.

Attorneys must set forth the experience that qualifies them to handle the level of case referenced in their request.

CRITICALCivil cases

Applies to

Request for relief under nebraska discovery rules

Must include

certificate of conference

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.

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.

CRITICAL

Applies to

Court order

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.

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.

CRITICAL

Applies to

Custody order

A copy of the Parenting Guidelines must be attached to and made part of every child-custody order.

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.

CRITICAL

Applies to

Public records as exhibits

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.

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.

CRITICALCivil cases

Applies to

Request for relief under nebraska discovery rules

A request for discovery relief must identify the numbered discovery requests in dispute.

Requests for relief under the Nebraska Discovery Rules shall also specify which numbered discovery requests are in dispute.

CRITICAL

Applies to

Joint property statement

The property statement must be finalized and signed, and a copy 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.

CRITICAL

Applies to

Certificate of readiness

In cases involving parties with no counsel, the parties must complete and file a court-acceptable Certificate of Readiness stating that the case is ready to be set for an uncontested final hearing.

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.

CRITICAL

Applies to

Documentary exhibits

Non-impeaching, non-rebuttal documentary evidence must be presented to the court reporter before trial or hearing and shown to opposing counsel for inspection.

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.

CRITICAL

Applies to

Application to move child

An application to move a child outside Nebraska must be written 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

Mediation agreement

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.

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.

CRITICAL

Applies to

Journal entry order judgment or decree

In criminal matters, the County Attorney is responsible for submitting the journal entry, order, judgment, or decree.

In criminal matters, it is always the responsibility of the County Attorney to submit the same.

CRITICAL

Applies to

Certificate of readiness

Must include

case number

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.

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.

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 subject case by case title, number, and county

CRITICAL

Applies to

Filing and service packets

The district court clerk must include the order in the filing and service packets distributed by the clerk.

The district court clerk shall include this order with the filing and service packets distributed by the clerk.

CRITICAL

Applies to

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. 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.

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.

CRITICAL

Applies to

Joint property statement

In an action involving division of property, the parties must prepare one joint property statement covering assets, liabilities, and other property information relevant to the case.

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.

CRITICAL

Applies to

Written objection

Written objections to a mediated agreement must be specific.

Such objections shall be specific.

CRITICALCriminal cases

Applies to

Plea agreement

Plea agreements must be in writing and signed by the defendant and counsel, unless the court authorizes otherwise.

Unless otherwise authorized by the court, plea agreements in criminal cases shall be in writing and signed by the defendant and counsel.

CRITICAL

Applies to

Temporary hearing exhibits

Each party in a contested temporary-order proceeding concerning parenting functions or custody must offer a Child Information Affidavit as a hearing exhibit.

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.

CRITICAL

Applies to

Correspondence

When correspondence requires the court to transmit papers, it must include preaddressed stamped envelopes.

If the correspondence necessitates the court's transmittal of papers, preaddressed stamped envelopes shall be enclosed.

CRITICAL

Applies to

Judicial notice documents

When requesting judicial notice of court-file documents, the offering party must obtain a photocopy before the hearing to mark and offer as an exhibit.

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.

CRITICAL

Applies to

Certificate of readiness

Before a case is set for an uncontested final hearing, the parties must file a Certificate of Readiness and a copy of the parenting plan with the court.

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.

CRITICAL

Applies to

Custody order

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.

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.

WARNING

Applies to

Motion

Must include

certificate of service

In Scotts Bluff County, a motion requiring a hearing should include a notice stating the hearing date, time, and manner, and a certificate of service.

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.

WARNINGCriminal cases

Applies to

Court appointed counsel request form

Applicants are instructed to initial the acknowledgments on the form.

Please initial: