Call - Nebraska Court of Appeals

             WHEN PLACED UPON THE FINAL CALL, CASES WILL NOT BE CONTINUED EXCEPT ON MOTION AND FOR URGENT NECESSITY SHOWN. All cases placed on the Call of the Court of Appeals are subject to review for possible submission without oral argument pursuant to Neb. Ct. R. App. P. § 2-111(B)(1).  Unless a case is removed from the Call by order of the court on or before January 19, 2010, the case will proceed to oral argument as set out below.

            Unless otherwise indicated, the time allotted for the presentation of arguments is limited to 10 minutes per side.  This is a maximum allowance and counsel are not required to use the full time allotted.

            DURING ORAL ARGUMENT, WHEN THE TIMING LIGHT CHANGES FROM GREEN TO AMBER, THIS MEANS YOU ARE INTO YOUR REBUTTAL TIME, WHICH IS 2 MINUTES, UNLESS YOU HAVE RESERVED A GREATER OR LESSER TIME.  HOWEVER, WHATEVER REBUTTAL TIME YOU HAVE ASKED TO BE RESERVED, YOUR ONLY NOTIFICATION WILL BE THE AMBER LIGHT.  IF YOU CHOOSE TO CONTINUE ARGUING AFTER THE AMBER LIGHT, AND THE RED LIGHT APPEARS, YOU ARE COMPLETELY OUT OF TIME AND HAVE WAIVED REBUTTAL.

View Case Summaries

            Below will be found a list of cases which will be called for hearing in the Court of Appeals Courtroom, State Capitol Building, Lincoln, Nebraska, commencing January 26, 2010.

Panel I Judges:  Inbody, Chief Judge, Irwin, and Cassel, Judges.

TUESDAY, JANUARY 26, 2010, subject to call at 9:00 a.m.

WEDNESDAY, JANUARY 27, 2010, subject to call at 9:00 a.m.

            SIGN-IN:  Irrespective of the order in which listed, each case is subject to call for argument at 9:00 a.m. on the scheduled day.  Accordingly, attorneys and pro se parties appearing for argument must sign in at the Clerk’s Office before 8:45 a.m.

Panel II Judges:  Sievers, Carlson, and Moore, Judges.

TUESDAY, JANUARY 26, 2010, subject to call at 1:00 p.m.

WEDNESDAY, JANUARY 27, 2010, subject to call at 1:00 p.m.

            SIGN-IN:  Irrespective of the order in which listed, each case is subject to call for argument at 1:00 p.m. on the scheduled day.  Accordingly, attorneys and pro se parties appearing for argument must sign in at the Clerk’s Office before 12:45 p.m.

* * *    Special time limits previously established.

            RECORDS:  The transcript and bill of exceptions must be returned to the Clerk of the Court of Appeals no later than January 18, 2010, unless requested sooner by the Clerk.

Back-up Docket

             In order to ensure that the Court hears a full calendar of argued cases during each argument session and is not left short of cases for argument by virtue of settlements or dismissals after the Call has been printed, the Court has established the following cases as “back-up cases.”  These cases are subject to being called for oral argument upon short notice in order to ensure a full argument calendar, but such cases will not be called after 4:00 p.m. on January 20, 2010.  If called, a case will be heard in accordance with its placement on the back-up docket which appears hereafter.  Counsel should attempt to maintain availability.  If not called, these cases may be placed on the March Proposed Call of the Court of Appeals. Please see the Proposed Calls for oral argument dates and conflict deadline.

JANUARY 26 or 27, 2010, at 9:00 a.m. or 1:00 p.m.

Proposed Call

Papillion/Lincoln

             The following cases may be scheduled for argument before the Nebraska Court of Appeals at 9:00 a.m. on March 16, 17 or 18, 2010, in the County Boardroom, Room #1114, Sarpy County Administrative Building, Papillion, Nebraska or at 9:00 a.m. on March 16, 17 or 18, 2010, in the Court of Appeals Courtroom, State Capitol Building, Lincoln, Nebraska.  Check the Proposed Call for your case and mark your calendar.  Please notify the Clerk’s Office in writing by February 1, 2010, if you have a conflict on a date.  NOTE:  This deadline date will be strictly enforced.  If you can’t argue at any time during the session, ask the Court to continue the case by stipulation or by motion and proof of service.  You must show cause for the continuance.

            AFTER THE CASES HAVE BEEN SCHEDULED ON THE CALL, CASES WILL NOT BE CONTINUED EXCEPT UPON A SHOWING OF URGENT NECESSITY.

CRIMINAL CASES

ADVANCED CIVIL CASES (all will be heard unless otherwise ordered)

NON-ADVANCED CIVIL CASES

If auxiliary aids or reasonable accommodations are needed for attendance at this hearing, please call the State Court Administrator's Office, (402) 471-3730, or for people with hearing impairments, please call the Nebraska Relay System, (800) 833-7352 TDD or (800) 833-0920 Voice.  Advance notice of seven days is needed when requesting an interpreter.

NOTICE

1.             Security.  When oral arguments are scheduled, admittance to the courtrooms of the Nebraska Supreme Court and Nebraska Court of Appeals is permitted only upon compliance with security requirements.  Before entering the courtrooms you will be required to walk through a metal detecting device.  Personal items, such as brief cases and purses, will be inspected by security personnel on duty.  Therefore, it would be helpful not to bring unnecessary materials to oral arguments. 

2.             Entering and exiting the courtroom.  Entering and exiting the courtroom is limited to the following time periods:

a.             before and after the court session.
b.             when a recess is taken by the court.
c.             between cases when attorneys are changing places.

3.             Restrictions. 
a.             Under no circumstances are food or drinks to be taken into the courtroom.  Hats and caps shall be removed.
b.             Except for assigned oral arguments, silence shall be maintained at all times during the court session.
c.             No photographs or recordings of court proceedings are allowed except as provided by Supreme Court Rule 17.
All cellular telephones and pagers shall be turned off.

4.             Lawyer's room.  The lawyer's room is located near the entrance of the courtrooms.  Security personnel will be happy to assist you in locating the room. 

5.             Display equipment.  A document stand camera and 50" plasma TV are now available in the courtroom for use in displaying exhibits or other documents during oral argument.  If you wish to utilize this equipment, please advise the bailiff prior to the start of the court session.  Instructions regarding the use of this equipment are available on our web site at www.supremecourt.ne.gov/appellate-court/av-instructional-sheet.pdf.  If you require additional information, please contact the Clerk's Office at 2413 State Capitol, 402-471-3731.

6.             Restrooms.  A restroom is located outside the lawyer's room.  A women's restroom is located at the end of the hallway to the west of the courtrooms.  A men's restroom is located down the west hallway and around the corner.

7.             Nebraska Supreme Court Policy for Audio Files Available over the internet.
a.     Notice to Attorneys:
Beginning September 1, 2008, the Nebraska Supreme Court and Court of Appeals will make digital audio files of appellate court proceedings available to the public over the Internet through the Judicial Branch Web site, www.supremecourt.ne.gov. Audio files of all appellate court proceedings held in the Supreme Court and Court of Appeals court rooms will be uploaded to the Web site, unless otherwise specified by the Court.
                               
b.     Limiting Personal Information:
If otherwise confidential information is stated on the record in open court, it will become publicly available through the audio files of the Court. Since counsel and the parties are solely responsible for guaranteeing that confidential information be protected, the better practice is to avoid stating confidential or sensitive information during the audio recording of oral argument. Also, counsel and the parties are advised that audio files cannot be edited before they are uploaded to the Web site.
If confidential information is divulged during oral argument, counsel or the parties may move the Court to seal, restrict, or otherwise prohibit placement of the audio file on the Web site.
                                                          
c.     Privacy Rules:
Nebraska court rules protect certain personal and financial information from public disclosure at the trial court level. See Neb. Ct. R. § 6-1521 and Neb. Ct. R. § 6-1464.  Both rules are available in the “Chapter 6 Trial Courts” section of www.supremecourt.ne.gov under Uniform District Court Rules of Practice and Procedure and County Court Rules of Practice and Procedure.  If such protected information is divulged during oral argument before the Supreme Court or Court of Appeals, it will become available to the public through the placing of audio files on the Internet.