Rule 8. Service of Notices, Briefs, Pleadings, and Motions

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Rule 8. Service of Notices, Briefs, Pleadings, and Motions

   8.1  Notices of Hearings:

   a. Written notice of all hearings shall advise all counsel (or parties, if unrepresented by counsel), and the Court Administrator's Office for scheduling in JUSTICE, of the date, time, courtroom, or location at which the hearing will be held upon the particular motion or pleading involved.

   b. Written notice of all hearings, excluding child support hearings in the juvenile court (which are governed by Rule 9 below), shall be mailed or personally delivered to all other counsel in the case (or to a party, if such party is not represented by counsel) at least three (3) full judicial days prior to the hearing upon the motion.

   c. Service of notice of hearing may be faxed to any and all attorneys involved in an action if that attorney(s) has consented to receive service via fax transmission. An attorney who consents to this mode of service and to accept notice of hearing via fax shall so indicate by including his or her fax number with the attorney’s signature, name, address, and telephone number on a document filed in an action.

   d. Service of notice of hearing may be emailed to any and all attorneys involved in an action if that attorney(s) has consented to receive service via email. An attorney who consents to this mode of service and to accept notice of hearing via email shall so indicate by including his or her email address with the attorney’s name, address, and telephone number on a document filed in an action.

   8.2  Service of all other notices or requests, pleadings, and briefs should be made so as to allow opposing counsel a reasonable time for response or preparation, or as governed by applicable statutes or Supreme Court Rules, or in accordance with such timeline as the court may direct.

   8.3  All pleadings, motions, notices, and briefs, excluding the initial petition and the initial ex parte motion for custody of the juvenile, shall contain a certificate of service certifying the manner and date upon which service of such pleading, motion, notice, or brief was made upon all attorneys of record (and parties, if unrepresented by counsel). The certificate of service must be signed by the attorney or attorney’s representative (or by the party, if unrepresented by counsel) who filed the pleading, motion, notice, or brief.

   8.4  The use of first-class mail for service of pleadings, motions, notices, and briefs shall constitute sufficient compliance with this Rule, except as may be otherwise required by statute or rule of the Nebraska Supreme Court, or as the juvenile court may direct.

Rule 8.1.a. amended August 5, 2016.