Lincoln County Superior Court Service and Proof of Service Rules

CRITICAL

A party intending to use qualifying newly discovered exhibits or documents must immediately show them to opposing counsel and submit them to the court for identification.

Additional Exhibits: If additional exhibits or documents are discovered which could not have been discovered by reasonable diligence before the Pretrial Conference, the party intending to use them shall immediately exhibit them to opposing counsel and submit them to the court to be marked for identification.

CRITICAL

A party seeking permission for a non-party to attend mediation must give every opposing party reasonable advance written notice of the request.

A party seeking permission for a non-party to attend shall give reasonable advance written notice of the request to every opposing party.

CRITICAL

Unless making copies is impractical, legible exhibit copies numbered as marked by the Clerk must be furnished to opposing counsel and the court.

Unless making copies is impractical, legible copies of exhibits shall be furnished to opposing counsel and the court, numbered the same as marked by the Clerk.

CRITICAL

The mediator must ensure that each party receives a copy of the endorsed agreement before mediation concludes.

The mediator will cause a copy of the endorsed agreement to be provided to each party before the conclusion of the mediation.

CRITICAL

Opposing counsel must immediately tell the court which of the listed exhibit positions applies.

Opposing counsel shall immediately indicate to the court his or her position with respect to such exhibit, i.e., whether his or her position falls under (a), (b), or (c) above.

CRITICAL

A party intending to use qualifying newly discovered witnesses must immediately report their names, addresses, and expected testimony to opposing counsel and the court.

If additional witnesses are discovered, who by the use of reasonable diligence could not have been discovered before Pretrial Conference, the party intending to use such witnesses shall immediately report the names, addresses and summary of the testimony of such witnesses to opposing counsel and the court.

CRITICAL

The mediator must provide copies of the declaration to the parties and attorneys who participated in mediation.

Within seven (7) days after completion of mediation, the mediator shall file with the Court, and provide copies to the parties and attorneys who participated in the mediation, a declaration setting forth (1) the date(s) of mediation; (2) the contested issues mediated; and (3) the manner in which any party failed, in the judgment of the mediator, to participate in good faith.

CRITICAL

The exhibits must be forwarded to the court with any objections within five days of receipt; the time for sending them to opposing counsel is left blank in the form.

The following exhibits will be sent to opposing counsel within ______ days and within five (5) days of receipt forwarded to the court with any objections thereto; in the event no objections are raised the exhibits will be admitted in accordance with the provisions of (a) above:

CRITICAL

Service

Personal service to opposing party

When any decree or order is filed in a dissolution matter, the attorney for the party presenting the order, or the party if the matter is presented pro se, shall promptly personally deliver to the opposing party or mail to the opposing party’s last known address or to opposing counsel, if so represented, a conformed copy of the decree or order with the date of entry indicated on each copy.

When any decree or order is filed in a dissolution matter, the attorney for the party presenting the order, or the party if the matter is presented pro se, shall promptly personally deliver to the opposing party or mail to the opposing party’s last known address or to opposing counsel, if so represented, a conformed copy of the decree or order with the date of entry indicated on each copy.

WARNING

Applies to

Partial transcription

If a partial transcription is made of a record during Superior Court proceedings being argued before the court, a copy must be furnished to the judge and opposing counsel or the pro se litigant.

If partial transcriptions are made of the record during proceedings in Superior Court, a copy of such transcription shall be furnished to the judge and to opposing counsel or the pro se litigant if such matters are being argued before the court.