Trial or hearing on the merits of a case should be within the following time limits from date of filing:

   Final disposition of probate cases should be within 1 year from filing except when a federal estate tax return is required, and in that event 18 months. A longer interval may be approved where deemed necessary because of extraordinary eventualities, such as exceptionally complicated discovery, stabilization or injury in personal injury cases, or settlement of financial affairs in complex cases.

   (A) Notwithstanding any federal or state law providing for a longer period, the juvenile shall not be held in detention for more than 48 hours without a probable cause hearing being conducted by the appropriate judicial authority.

   (B) Adjudication hearings in dependent/neglect cases under Neb. Rev. Stat. § 43‑247(3)(a) should be held within 90 days of filing of the petition, except in cases with exceptional complications, in which cases adjudication should be held within 180 days. Adjudication hearings in law violation cases should be held within 180 days of filing of the petition.

   (C) A disposition hearing should be held within 60 days from the date of the adjudication hearing, unless good cause is shown.

   (D) Review hearings for children in out‑of‑home placements should be held, on the record, every 6 months.

Rule 3(A) – (D) adopted March 19, 1997. Renumbered and codified as § 6-103, effective July 18, 2008.

   (A) The purpose of these guidelines is to aid judges of the courts of Nebraska in determining whether a proceeding may be closed from the general public, in whole or in part.

   In formulating such guidelines it must be kept in mind that as a general principle it is the view of the judiciary of the State of Nebraska that proceedings should be open to the public at all times and only closed, in whole or in part, where evidence presented to the court establishes that by permitting all or part of the proceeding to remain open to the public, a party's right to a fair trial will be substantially and adversely affected and there are no other reasonable alternatives available to protect against such substantial and adverse effect.

   We therefore establish the following guidelines to aid judges of the courts of the State of Nebraska in determining whether a judicial proceeding of any type should be closed, in whole or in part.

   (B) Except as otherwise specifically provided by law or by these guidelines, the general public should not be excluded from a legal proceeding of any type or nature, including a pretrial criminal hearing, suppression hearing, or trial on the merits.

   Except as otherwise provided herein, upon motion of the defendant or one standing in the position of a defendant, even if known by another name and hereinafter called defendant, the court may consider excluding the general public from all or a portion of a proceeding at which:

   (A) the voluntariness of a confession may be seriously disputed and the admissibility of the confession will be a material issue either at the preliminary proceeding then before the court, or at a subsequent hearing, including the trial on the merits, and the court finds based upon evidence adduced that permitting the general public to be present during such proceeding is likely to result in substantially injuring or damaging the accused's right to a fair proceeding and that no other reasonable alternative exists to assure the defendant of a fair trial, or

   (B) the defendant is seeking to suppress evidence allegedly obtained illegally and the court finds based upon evidence adduced that permitting the general public to be present during such proceeding is likely to result in substantially injuring or damaging the accused's right to a fair proceeding and that no other reasonable alternative exists to assure the defendant of a fair trial.

   (C) If the court believes that by permitting the general public to be present at either of the hearings noted in § 6-202(A) or (B), the defendant may be denied a fair trial, and the defendant has not moved for closure, the court shall inquire of the defendant, on the record, whether the defendant desires to hold all or a part of such proceeding with the public present. If the defendant elects to hold such hearing with the public present, the court shall so proceed after noting the defendant's election on the record. If the defendant, however, elects to close all or a portion of such proceeding and so advises the court, it shall be as if the defendant has so moved and all of the provisions of these guidelines shall apply.

   Before determining to close such proceedings, in whole or in part, the court shall give reasonable notice to all parties to the proceedings and such other persons who have advised the clerk of the court in writing, in advance of a specific trial, of their desire to be notified if such a motion is presented and is to be considered by the court. In giving such notice, the court will advise all such persons of the time and place when hearing on the motion shall be heard and shall afford all interested persons, including the general public, a reasonable opportunity to be present and prepare for such hearing.

   If the trial court determines after hearing that permitting the general public to hear such matters under consideration will result in a substantial likelihood of injury or damage to the accused's right to a fair trial and no other reasonable alternative for assuring a fair trial exists, the trial court may exclude the general public from such proceeding. To the extent that the trial court can isolate the testimony concerning such matter from other matters presented to the court at the same time, the general public should be excluded only from that portion of the hearings in which such matter is being considered or evidence taken.

Upon entering an order of closure, the court shall articulate written findings as follows:

   (A) that the evidence establishes an adequate basis to support a finding that there is a substantial likelihood that irreparable damage to the accused's right to a fair trial will result from conducting the questioned proceedings in public,

   (B) that a substantial likelihood exists that reasonable alternatives to closure will not adequately protect the accused's right to a fair trial, and

   (C) there is a substantial likelihood that closure will be effective in protecting against the perceived harm.

   The burden of establishing such facts shall be upon the moving party.

   Except as otherwise provided by law, all matters heard by the court after the general public has been excluded shall nevertheless be on the record and shall be made available for public inspection within a reasonable time after a final judgment or verdict in the case has been rendered.

   The court may receive preliminary evidence concerning the matters noted in § 6-204 in camera, in the presence of counsel for the parties and such other members of the public who have requested the right to be present.

   Persons desiring to be present not represented by counsel shall be considered as appearing Pro Se and shall be bound by the orders of the court in regard to such hearing.

   A record shall be made of the hearing in camera. The trial court may order such proceedings sealed until after a final judgment or verdict in the trial court has been rendered. The fact that the case in chief is pending on appeal before the Supreme Court of Nebraska shall not prevent the previously sealed tape from being made available to the public upon request. The sealed record, however, shall be made available for purposes of review by the Supreme Court or other court of competent jurisdiction pertaining to the decision to close the proceedings, in whole or in part.

   Nothing in these guidelines shall be construed, however, to limit the powers of the courts to maintain decorum by ordering unruly spectators removed from the courtroom, or by reasonably limiting the number of spectators, or by exercising similar powers of judges at common law, nor shall anything in these guidelines require a judge to exclude the general public from any such proceedings if, after considering such matter, the trial court concludes that permitting the general public to be present will not create a substantial likelihood of injury or damage to the accused's right to a fair hearing. The fact that an accused or other witness may be embarrassed or be subject to public ridicule by reason of the public being present shall not be grounds upon which to close such matters, it being the intention of these guidelines to prescribe extremely limited situations under which courts shall be closed to the general public and otherwise establish a general policy of permitting courts to be open to the general public, consistent with the accused's constitutional rights to a fair hearing.

   (Revisor’s note: The former Nebraska Discovery Rules for All Civil Cases have been renumbered in the revised Nebraska Court Rules as Chapter 6, Article 3, Nebraska Court Rules of Discovery in Civil Cases. Thus, former rule 26 is now Neb. Ct. R. Disc. § 6-326, etc., with the last two numbers of the newly renumbered sections corresponding to the former rule number. Subsections and references within the rule to rules by number and subsection remain unchanged. Thus, a reference in this rule to rule 34(b) should be interpreted and found at Neb. Ct. R. Disc. § 6-334(b), etc.)

   Pursuant to the provisions of Neb. Rev. Stat. § 25-1273.01, the Supreme Court does hereby promulgate the following discovery rules in civil cases, effective as of January 1, 1983.

   These rules shall, as written, apply in the district courts, and in all other courts of Nebraska to the extent not inconsistent with other statutes. Rules 26 and 37 are applicable to county courts as to actions pending in those courts on theeffective date of these rules.

   (a) Discovery Methods. Parties may obtain discovery by one or more of the following methods: depositions upon oral examination or written questions; written interrogatories; production of documents or things or permission to enter upon land or other property for inspection and other purposes; physical and mental examinations; and requests for admission. Unless the court orders otherwise under subdivision (c) of this rule, the frequency of use of these methods is not limited.

   (b) Scope of Discovery. Unless otherwise limited by order of the court in accordance with these rules, the scope of discovery is as follows:

   (1) In General. Parties may obtain discovery regarding any matter, not privileged, which is relevant to the subject matter involved in the pending action, whether it relates to the claim or defense of the party seeking discovery or to the claim or defense of any other party, including the existence, description, nature, custody, condition, and location of any books, documents, or other tangible things and the identity and location of persons having knowledge of any discoverable matter. It is not ground for objection that the information sought will be inadmissible at the trial if the information sought appears reasonably calculated to lead to the discovery of admissible evidence.

   (2) Insurance Agreements. A party may obtain discovery of the existence and contents of any insurance agreement under which any person carrying on an insurance business may be liable to satisfy part or all of a judgment which may be entered in the action or to indemnify or reimburse for payments made to satisfy the judgment. Information concerning the insurance agreement is not by reason of disclosure admissible in evidence at trial. For purposes of this paragraph, an application for insurance shall not be treated as part of an insurance agreement.

   (3) Trial Preparation: Materials. Subject to the provisions of subdivision (b)(4) of this rule, a party may obtain discovery of documents and tangible things otherwise discoverable under subdivision (b)(1) of this rule and prepared in anticipation of litigation or for trial by or for another party or by or for that other party's representative (including his or her attorney, consultant, surety, indemnitor, insurer, or agent) only upon a showing that the party seeking discovery has substantial need of the materials in the preparation of his or her case and that he or she is unable without undue hardship to obtain the substantial equivalent of the materials by other means. In ordering discovery of such materials when the required showing has been made, the court shall protect against disclosure of the mental impressions, conclusions, opinions, or legal theories of an attorney or other representative of a party concerning the litigation.

   A party may obtain without the required showing a statement concerning the action or its subject matter previously made by that party. Upon request, a person not a party may obtain without the required showing a statement concerning the action or its subject matter previously made by that person. If the request is refused, the person may move for a court order. The provisions of Rule 37(a)(4) apply to the award of expenses incurred in relation to the motion. For purposes of this paragraph, a statement previously made is (A) a written statement signed or otherwise adopted or approved by the person making it, or (B) a stenographic, mechanical, electrical or other recording, or a transcription thereof, which is a substantially verbatim recital of an oral statement by the person making it and contemporaneously recorded.

   (4) Trial Preparation: Experts. Discovery of facts known and opinions held by experts otherwise discoverable under the provisions of subdivision (b)(1) of this rule and acquired or developed in anticipation of litigation or for trial may be obtained only as follows:

   (A)(i) A party may through interrogatories require any other party to identify each person whom the other party expects to call as an expert witness at trial, to state the subject matter on which the expert is expected to testify, and to state the substance of the facts and opinions to which the expert is expected to testify and a summary of the grounds for each opinion.

   (ii) Upon motion, the court may order further discovery by other means, subject to such restrictions as to scope and such provisions, pursuant to subdivisions (b)(4)(C) of this rule, concerning fees and expenses as the court may deem appropriate.

   (B) A party may discover facts known or opinions held by an expert who has been retained or specially employed by another party in anticipation of litigation or preparation for trial and who is not expected to be called as a witness at trial, only as provided in Rule 35(b) or upon a showing of exceptional circumstances under which it is impracticable for the party seeking discovery to obtain facts or opinions on the same subject by other means.

   (C) Unless manifest injustice would result,

   (i) the court shall require that the party seeking discovery pay the expert a reasonable fee for time spent in responding to discovery under subdivisions (b)(4)(A)(ii) and (b)(4)(B) of this rule; and

   (ii) with respect to discovery obtained under subdivision (b)(4)(A)(ii) of this rule the court may require, and with respect to discovery obtained under subdivision (b)(4)(B) of this rule the court shall require, the party seeking discovery to pay the other party a fair portion of the fees and expenses reasonably incurred by the latter party in obtaining facts and opinions from the expert.

   (c) Protective Orders. Upon motion by a party or by the person from whom discovery is sought, and for good cause shown, the court in which the action is pending or alternatively, on matters relating to a deposition, the district court in the district where the deposition is to be taken, may make any order which justice requires to protect a party or person from annoyance, embarrassment, oppression, or undue burden or expense, including one or more of the following:

   (1) that the discovery not be had;

   (2) that the discovery may be had only on specified terms and conditions, including a designation of the time or place;

   (3) that the discovery may be had only by a method of discovery other than that selected by the party seeking discovery;

   (4) that certain matters not be inquired into, or that the scope of the discovery be limited to certain matters;

   (5) that discovery be conducted with no one present except persons designated by the court;

   (6) that a deposition after being sealed be opened only by order of the court;

   (7) that a trade secret or other confidential research, development, or commercial information not be disclosed or be disclosed only in a designated way;

   (8) that the parties simultaneously file specified documents or information enclosed in sealed envelopes to be opened as directed by the court.

If the motion for a protective order is denied in whole or in part, the court may, on such terms and conditions as are just, order that any party or person provide or permit discovery. The provisions of Rule 37(a)(4) apply to the award of expenses incurred in relation to the motion.

   (d) Sequence and Timing of Discovery. Unless the court upon motion, for the convenience of parties and witnesses and in the interests of justice, orders otherwise, methods of discovery may be used in any sequence and the fact that a party is conducting discovery, whether by deposition or otherwise, shall not operate to delay any other party's discovery.

   (e) Supplementation of Responses. A party who has responded to a request for discovery with a response that was complete when made is under no duty to supplement his or her response to include information thereafter acquired, except as follows:

   (1) A party is under a duty seasonably to supplement his or her response with respect to any question directly addressed to

   (A) the identity and location of persons having knowledge of discoverable matters, and

   (B) the identity of each person expected to be called as an expert witness at trial, the subject matter on which he or she is expected to testify, and the substance of his or her testimony.

   (2) A party is under a duty seasonably to amend a prior response if he or she obtains information upon the basis of which

   (A) he or she knows that the response was incorrect when made, or

   (B) he or she knows that the response though correct when made is no longer true and the circumstances are such that a failure to amend the response is in substance a knowing concealment.

   (3) A duty to supplement responses may be imposed by order of the court or by agreement of the parties.

   (f) Service of Discovery Papers. Except as otherwise ordered by the court, every discovery paper and every motion relating to discovery and response thereto required to be served upon a party shall be served upon each of the parties not in default for failure to appear.

   (g) Filing of Discovery Materials. Discovery materials that do not require action by the court shall not be filed with the court. All such materials, including notices of deposition, depositions, certificates of filing a deposition, interrogatories, answers and objections to interrogatories, requests for documents or to permit entry upon land and responses or objections to such requests, requests for admissions and responses or objections to such requests, subpoenas for depositions or other discovery and returns of service of subpoenas, and related notices shall be maintained by the parties.

   Discovery materials shall be filed with the court only when ordered by the court or when required by law. If the original of a deposition is not in the possession of a party who intends to offer it in evidence at a hearing, that party may give notice to the party in possession of it that the deposition will be needed at the hearing. Upon receiving such notice the party in possession of the deposition shall either make it available to the party who intends to offer it or produce it at the hearing.

Rule 26(g) amended December 12, 2001; Comments to Rule 26(g) amended December 12, 2001. Renumbered and codified as § 6-326, effective July 18, 2008.

   (a) Before Action.

   (1) Petition. A person who desires to perpetuate his or her own testimony or that of another person regarding any matter that may be cognizable in any court of this state may file a petition verified by affidavit of the petitioner or his or her attorney in the district court in the district of the residence of any expected adverse party. The petition shall be entitled in the name of the petitioner and shall show:

   (i) The petitioner expects to be a party to an action cognizable in a court of this state but is presently unable to bring it or cause it to be brought;

   (ii) the subject matter of the expected action and his or her interest therein;

   (iii) the facts which he or she desires to establish by the proposed testimony and his or her reasons for desiring to perpetuate it;

   (iv) the names or a description of the persons he or she expects will be adverse parties and their addresses so far as known; and

   (v) the names and addresses of the persons to be examined and the substance of the testimony which he or she expects to elicit from each, and shall ask for an order authorizing the petitioner to take the depositions of the persons to be examined named in the petition, for the purpose of perpetuating their testimony.

   (2) Notice and Service. The petitioner shall thereafter serve a notice upon each person named in the petition as an expected adverse party, together with a copy of the petition, stating that the petitioner will apply to the court, at a time and place named therein, for the order described in the petition. At least twenty days before the date of hearing the notice shall be served in the manner provided for service of summons; but if such service cannot with due diligence be made upon any expected adverse party named in the petition, the court shall order service by publication in the manner provided in Rule 30(b)(1)(B), and shall appoint, for persons not served in the manner provided for service of summons, an attorney who shall represent them, and, in case they are not otherwise represented, shall cross-examine the deponent. If any expected adverse party is a minor or incompetent the provisions of Neb. Rev. Stat. § 25-309 shall apply.

   (3) Order and Examination. If the court is satisfied that the perpetuation of the testimony may prevent a failure or delay of justice, it shall make an order designating or describing the persons whose depositions may be taken and specifying the subject matter of the examination and whether the depositions shall be taken upon oral examination or written questions. The depositions may then be taken in accordance with these rules; and the court may make orders of the character provided for by Rules 34 and 35. For the purpose of applying these rules to depositions for perpetuating testimony, each reference therein to the court in which the action is pending shall be deemed to refer to the court in which the petition for such deposition was filed.

   (4) Use of Deposition. If a deposition to perpetuate testimony is taken under these rules or if, although not so taken, it would be admissible in evidence in the courts of the state in which it is taken, it may be used in any action involving the same subject matter subsequently brought in a district court in this state, in accordance with the provisions of Rule 32(a).

   (b) Pending Appeal. If an appeal has been taken from a judgment of a district court, the appellate court, upon motion filed therein and notice and service thereof as if the action was pending in the district court, may remand the motion to the district court for consideration and ruling, may itself overrule the motion, or, if the appellate court finds that the perpetuation of the testimony is proper to avoid failure or delay of justice, may itself enter an order allowing the depositions to be taken and may make orders of the character provided for by Rules 34 and 35, and thereupon the depositions may be taken and used in the same manner and under the same conditions as are prescribed in these rules for depositions taken in actions pending in the district court. The motion shall show

   (1) the names and addresses of persons to be examined and the substance of the testimony which he or she expects to elicit from each;

   (2) the reasons for perpetuating their testimony.

   (c) Perpetuation by Action. This rule does not limit the power of a court to entertain an action to perpetuate testimony.

Rule 27(b) amended January 14, 1998. Renumbered and codified as § 6-327, effective July 18, 2008.

   (a) Within this State. Within this State depositions may be taken before a judge or clerk of the Supreme Court or district court, a county judge, clerk magistrate, notary public, or any person appointed by the court in which the action is pending. A person so appointed has power to administer oaths and take testimony.

   (b) Elsewhere Within the United States. Within other states of the United States or within a territory or insular possession subject to the jurisdiction of the United States depositions may be taken before an officer authorized to administer oaths by the laws of the United States or of the place where the examination is held, or before a person appointed by the court in which the action is pending. A person so appointed has power to administer oaths and take testimony.

   (c) In Foreign Countries. In a foreign country, depositions may be taken

   (1) on notice before a person authorized to administer oaths in the place in which the examination is held, either by the law thereof or by the law of the United States, or

   (2) before a person commissioned by the court, and a person so commissioned shall have the power by virtue of his or her commission to administer any necessary oath and take testimony, or

   (3) pursuant to a letter rogatory.

   A commission or a letter rogatory shall be issued on application and notice on terms that are just and appropriate. It is not requisite to the issuance of a commission or a letter rogatory that the taking of the deposition in any other manner is impracticable or inconvenient; and both a commission and a letter rogatory may be issued in proper cases. A notice or commission may designate the person before whom the deposition is to be taken either by name or descriptive title. A letter rogatory may be addressed "To the Appropriate Authority in [here name the country]." Evidence obtained in response to a letter rogatory need not be excluded merely for the reason that it is not a verbatim transcript or that the testimony was not taken under oath or for any similar departure from the requirements for depositions taken within the United States under these rules.

   (d) Disqualification for Interest. The officer before whom the deposition is taken and the person recording the testimony shall not be a relative, employee, or attorney of any of the parties, nor a relative or employee of such attorney, nor financially interested in the action.

   (e) Depositions for Use in Foreign Jurisdictions. When the deposition of any person is to be taken in this state pursuant to the laws of another state or of the United States or of another country for use in proceedings there, witnesses may be compelled to appear and testify in the same manner and by the same process and proceedings as may be employed for the purpose of taking testimony in proceedings pending in this state. The district court for the county where the deponent is found may make such orders as could be made if the deposition were intended for use in this jurisdiction, having due regard for the laws and rules of such foreign jurisdiction.

   Unless the court orders otherwise, the parties may by written or otherwise recorded stipulation:

   (1) Provide that depositions may be taken before any person, at any time or place, upon any notice, and in any manner and when so taken may be used like other depositions, and

   (2) Modify the procedures provided by these rules for other methods of discovery.

   (a) When Depositions May Be Taken. After commencement of the action, any party may take the testimony of any person, including a party, by deposition upon oral examination. Leave of court, granted with or without notice, must be obtained only if the plaintiff seeks to take a deposition prior to the expiration of thirty days after service of summons, except that leave is not required:

   (1) If a defendant has served a notice of taking a deposition or otherwise sought discovery, or

   (2) If special notice is given as provided in subdivision (b)(2) of this rule.

   The attendance of witnesses may be compelled by subpoena. The deposition of a person confined in prison may be taken only by leave of court on such terms as the court prescribes.

   (b) Notice of Examination: General Requirements; Special Notice; Nonstenographic Recording; Production of Documents and Things; Deposition of Organization.

   (1)(A) A party desiring to take the deposition of any person upon oral examination shall give reasonable notice in writing to every other party to the action. The notice shall state the time and place for taking the deposition and the name and address of each person to be examined, if known, and, if the name is not known, a general description sufficient to identify him or her or the particular class or group to which he or she belongs. If a subpoena duces tecum is to be served on the person to be examined, the designation of the materials to be produced as set forth in the subpoena shall be attached to or included in the notice.

   (B) When the party against whom the deposition is to be used is unknown or is one whose whereabouts cannot be ascertained he or she may be notified of the taking of the deposition by publication. The publication must be made once in some newspaper printed in the county where the action is pending, if there be any printed in such county, and if not, in some newspaper printed in this state of general circulation in that county. The publication must contain all that is required in a written notice and must be made at least ten days prior to the deposition. Publication may be proved in the manner prescribed in Neb. Rev. Stat. § 25-520. A copy of the written notice shall be filed with the clerk before publication.

   (2) Leave of court is not required for the taking of a deposition by plaintiff if the notice:

   (A) States that the person to be examined is about to go out of the State of Nebraska and will be unavailable for examination in the State of Nebraska unless his or her deposition is taken before expiration of the thirty-day period, and

   (B) Sets forth facts to support the statement.

   The plaintiff's attorney shall sign the notice, and his or her signature constitutes a certification by him or her that to the best of his or her knowledge, information, and belief the statement and supporting facts are true.

   If a party shows that when he or she was served with notice under subdivision (b)(2) he or she was unable through the exercise of diligence to obtain counsel to represent him or her at the taking of the deposition the deposition may not be used against him or her.

   (3) The court may for cause shown enlarge or shorten the time for taking the deposition.

   (4) The notice required by subdivision (1) shall state the manner in which the testimony will be recorded and preserved. The court may make any order necessary to assure that the record of the testimony will be accurate and trustworthy.

   (5) The notice to a party deponent may be accompanied by a request made in compliance with Rule 34 for the production of documents and tangible things at the taking of the deposition. The procedure of Rule 34 shall apply to the request.

   (6) A party may in his or her notice and in a subpoena name as the deponent a public or private corporation or a partnership or association or governmental agency and describe with reasonable particularity the matters on which examination is requested. In that event, the organization so named shall designate one or more officers, directors, or managing agents, or other persons who consent to testify on its behalf, and may set forth, for each person designated, the matters on which he or she will testify. A subpoena shall advise a nonparty organization of its duty to make such a designation. The persons so designated shall testify as to matters known or reasonably available to the organization. This subdivision (b)(6) does not preclude taking a deposition by any other procedure authorized in these rules.

   (7) The parties may stipulate in writing, or the court may upon motion order, that a deposition be taken by telephone. For the purposes of theses rules a deposition taken by telephone is taken in the district and at the place where the deponent is to appear to answer questions.

   (8)(A) A party taking a deposition may have the testimony recorded by videotape. The notice of deposition shall specify that a videotape deposition is to be taken.

   (B) Upon the request of any of the parties, the officer before whom a videotape deposition is taken shall provide, at the cost of the party making the request, a copy of the deposition in the form of a videotape, an audio recording, or a written transcript.

   (C) When the videotape deposition has been taken, the videotape shall be shown immediately to the witness for examination, unless such showing and examination are waived by the witness and the parties. Any changes in form or substance which the witness desires to make shall be recorded on the videotape with a statement by the witness on such tape of the reasons given by him or her for making such changes.

   (D) The officer before whom the videotape deposition is taken shall cause to be attached to the original videotape recording a certificate that the witness was duly sworn or affirmed by him or her and that the videotape recording is a true record of the testimony given by the witness. If the witness has not waived the right to a showing and examination of the videotape deposition, the witness shall also sign the certification.

   (c) Examination and Cross-Examination; Record of Examination; Oath; Objections. Examination and cross-examination of witnesses may proceed as permitted at the trial under the provisions of the Nebraska Evidence Rules. The officer before whom the deposition is to be taken shall put the witness on oath and shall personally, or by someone acting under his or her direction and in his or her presence, record the testimony of the witness. The testimony shall be recorded in accordance with subdivision (b)(4) of this rule. If requested by one of the parties, the testimony shall be transcribed. All objections made at time of the examination to the qualifications of the officer taking the deposition, or to the manner of taking it, or to the evidence presented, or to the conduct of any party, and any other objection to the proceedings, shall be noted by the officer upon the deposition. Evidence objected to shall be taken subject to the objections. In lieu of participating in the oral examination, parties may serve written questions in a sealed envelope on the party taking the deposition and he or she shall transmit them to the officer, who shall propound them to the witness and record the answers verbatim.

   (d) Motion to Terminate or Limit Examination. At any time during the taking of the deposition on motion of a party or of the deponent and upon a showing that the examination is being conducted in bad faith or in such manner as unreasonably to annoy, embarrass, or oppress the deponent or party, the court in which the action is pending or the district court in the district where the deposition is being taken may order the officer conducting the examination to cease forthwith from taking the deposition, or may limit the scope and manner of the taking of the deposition as provided in Rule 26(c). If the order made terminates the examination, it shall be resumed thereafter only upon the order of the court in which the action is pending. Upon demand of the objecting party or deponent, the taking of the deposition shall be suspended for the time necessary to make a motion for an order. The provisions of Rule 37(a)(4) apply to the award of expenses incurred in relation to the motion.

   (e) When the testimony is fully transcribed the deposition shall be submitted to the witness for examination and shall be read to or by him or her, unless such examination and reading are waived by the witness and by the parties. Any changes in form or substance which the witness desires to make shall be entered upon the deposition by the officer with a statement of the reasons given by the witness for making them. The deposition shall then be signed by the witness, unless the parties by stipulation waive the signing or the witness is ill or cannot be found or refuses to sign. If the deposition is not signed by the witness, the officer shall sign it and state on the record the fact of the waiver or of the illness or absence of the witness or the fact of the refusal to sign together with the reason, if any, given therefor; and the deposition may then be used as fully as though signed, unless on a motion to suppress under Rule 32(d)(4) the court holds that the reasons given for the refusal to sign require rejection of the deposition in whole or in part.

   (f) Certification; Delivery; Storage.

   (1) The officer shall certify on the deposition that the witness was truly sworn by him or her and that the deposition is a true record of the testimony of the witness. Unless otherwise ordered by the court, he or she shall then deliver the deposition to the party taking the deposition, who must store it under conditions that will protect it against loss, destruction, tampering, or deterioration.

   Documents and things produced for inspection during the examination of the witness shall, upon the request of a party, be marked for identification and annexed to the deposition and may be inspected and copied by any party, except that if the person producing the materials desires to retain them, he or she may (A) offer copies to be marked for identification and annexed to the deposition and to serve thereafter as originals if he or she affords to all parties fair opportunity to verify the copies by comparison with the originals or (B) offer the originals to be marked for identification, after giving to each party an opportunity to inspect and copy them, in which event the materials may then be used in the same manner as if annexed to the deposition. Any party may move for an order that the originals be annexed to the deposition, pending final disposition of the case.

   (2) Upon payment of reasonable charges therefor, the officer shall furnish a copy of the deposition to any party or to the deponent.

   (3) The party taking the deposition shall give prompt notice to all other parties that it has been delivered by the officer before whom taken.

   (g) Failure to Attend or to Serve Subpoena; Expenses.

   (1) If the party giving the notice of the taking of a deposition fails to attend and proceed therewith and another party attends in person or by attorney pursuant to the notice, the court may order the party giving the notice to pay to such other party the reasonable expenses incurred by him or her and his or her attorney in attending, including reasonable attorney fees.

   (2) If the party giving the notice of the taking of a deposition of a witness fails to serve a subpoena upon him or her and the witness because of such failure does not attend, and if another party attends in person or by attorney because he or she expects the deposition of that witness to be taken, the court may order the party giving the notice to pay to such other party the reasonable expenses incurred by him or her and his or her attorney in attending, including reasonable attorney fees.

Rule 30(f)(1) amended December 12, 2001; comments to Rule 30(f) amended December 12, 2001. Renumbered and codified as § 6-330, effective July 18, 2008.

   (a) Serving Questions; Notice. After commencement of the action, any party may take the testimony of any person including a party by deposition upon written questions. The attendance of witnesses may be compelled by subpoena. The deposition of a person confined in prison may be taken only by leave of court on such terms as the court prescribes.

   A party desiring to take a deposition upon written questions shall serve them upon every other party with a notice stating:

   (1) The name and address of the person who is to answer them, if known, and if the name is not known, a general description sufficient to identify him or her or the particular class or group to which he or she belongs, and

   (2) The name or descriptive title and address of the officer before whom the deposition is to be taken.

   A deposition upon written questions may be taken of a public or private corporation or a partnership or association or governmental agency in accordance with the provisions of Rule 30(b)(6).

   Within thirty days after the notice and written questions are served, a party may serve cross questions upon all other parties. Within ten days after being served with cross questions, a party may serve redirect questions upon all other parties. Within ten days after being served with redirect questions, a party may serve recross questions upon all other parties. The court may, for cause shown, enlarge or shorten the time.

   (b) Officer to Take Responses and Prepare Record. A copy of the notice and copies of all questions served shall be delivered by the party taking the deposition to the officer designated in the notice, who shall proceed promptly, in the manner provided by Rule 30(c), (e), and (f), to take the testimony of the witness in response to the questions and to prepare, certify, and deliver the deposition, attaching thereto the copy of the notice and the questions received by him or her.

   (c) The party taking the deposition shall give prompt notice to all other parties that it has been delivered by the officer before whom taken.

   (a) Use of Depositions. Any part or all of a deposition, so far as admissible under the Nebraska Evidence Rules applied as though the witness were then present and testifying, may be used against any party who was present or represented at the taking of the deposition or who had reasonable notice thereof, in accordance with any of the following provisions:

   (1) Any deposition may be used by any party for the purpose of contradicting or impeaching the testimony of deponent as a witness or for any purpose permitted by the Nebraska Evidence Rules.

   (2) The deposition of a party or of anyone who at the time of taking the deposition was an officer, director, or managing agent, or a person designated under Rule 30(b)(6) or 31(a) to testify on behalf of a public or private corporation, partnership or association, or governmental agency which is a party may be used by an adverse party for any purpose.

   (3) The deposition of a witness, whether or not a party, may be used by any party for any purpose if the court finds:

   (A) That the witness is dead; or

   (B) That the witness is at a greater distance than one hundred miles from the place of trial or hearing, or out of the state, or beyond the subpoena power of the court, unless it appears that the absence of the witness was procured by the party offering the deposition; or

   (C) That the witness is unable to attend or testify because of age, illness, infirmity, or imprisonment; or

   (D) That the party offering the deposition has been unable to procure the attendance of the witness by subpoena; or

   (E) That such exceptional circumstances exist as to make it desirable, in the interest of justice and with due regard to the importance of presenting the testimony of witnesses orally in open court, to allow the deposition to be used; or

   (F) Upon application and notice prior to the taking of the deposition, that circumstances exist such as to make it desirable, in the interest of justice and with due regard to the importance of presenting the testimony of witnesses orally in open court, to allow the deposition to be used.

   (4) If only part of a deposition is offered in evidence by a party, an adverse party may require him or her to introduce any other part which ought in fairness to be considered with the part introduced, and any party may introduce any other parts relevant to the issues.

Substitution of parties does not affect the right to use depositions previously taken; and when an action has been brought in any court of the United States or of any state and another action involving the same subject matter is afterward brought between the same parties or their representatives or successors in interest all depositions lawfully taken in the former action may be used in the latter as if originally taken therefor. A deposition previously taken may also be used as permitted by the Nebraska Evidence Rules.

   (b) Objections to Admissibility. Subject to the provisions of subdivision (d)(3) of this rule, objection may be made at the trial or hearing to receiving in evidence any deposition or part thereof for any reason which would require the exclusion of the evidence if the witness were then present and testifying; or if the trial court directs, such objections may be heard and determined prior to trial.

   (c) (Not Used).

   (d) Effect of Errors and Irregularities in Deposition.

   (1) As to Notice. All errors and irregularities in the notice for taking a deposition are waived unless written objection is promptly served upon the party giving the notice.

   (2) As to Disqualification of Officer. Objection to taking a deposition because of disqualification of the officer before whom it is to be taken is waived unless made before the taking of the deposition begins or as soon thereafter as the disqualification becomes known or could be discovered with reasonable diligence.

   (3) As to Taking of Deposition.

   (A) Objections to the competency of a witness or to the competency or relevancy of testimony are not waived by failure to make them before or during the taking of the deposition, unless the ground of the objection is one which might have been obviated or removed if presented at that time. In a deposition recorded and preserved by nonstenographic means, such objections shall be made to the court before the trial or hearing, or such objections will be waived unless otherwise ordered by the court.

   (B) Errors and irregularities occurring at the oral examination in the manner of taking the deposition in the form of the questions or answers, in the oath or affirmation, or in the conduct of parties, and errors of any kind which might be obviated, removed, or cured if promptly presented, are waived unless seasonable objection thereto is made at the taking of the depositions.

   (C) Objections to the form of written questions submitted under Rule 31 are waived unless served in writing upon the party propounding them within the time allowed for serving the succeeding cross or other questions and within ten days after service of the last questions authorized.

   (4) As to Completion and Return of Deposition. Errors and irregularities in the manner in which the testimony is transcribed or recorded, or the deposition is prepared, signed, certified, sealed, endorsed, transmitted, filed, or otherwise dealt with by the officer under Rules 30 and 31 are waived unless a motion to suppress the deposition or some part thereof is made with reasonable promptness after such defect is, or with due diligence might have been, ascertained.

   (a) Availability; Procedures for Use. Any party may serve upon any other party written interrogatories to be answered by the party served or if the party served is a public or private corporation or a partnership or association or governmental agency, by any officer or agent, who shall furnish such information as is available to the party. Interrogatories may, without leave of court, be served upon the plaintiff after commencement of the action and upon any other party with or after service of the summons upon that party. Unless otherwise permitted by the court for good cause shown, no party shall serve upon any other party more than fifty interrogatories. Each question, subquestion, or subpart shall count as one interrogatory.

   Each interrogatory shall be repeated and answered separately and fully in writing under oath, unless it is objected to, in which event the reasons for objection shall be stated in lieu of an answer. The answers are to be signed by the person making them, and the objections signed by the attorney making them. The party upon whom the interrogatories have been served shall serve a copy of the answers, and objections if any, within thirty days after the service of the interrogatories, except that a defendant may serve answers or objections within forty-five days after service of the summons upon that defendant. The court may allow a shorter or longer time. The party submitting the interrogatories may move for an order under Rule 37(a) with respect to any objection to or other failure to answer an interrogatory.

   (b) Scope; Use at Trial. Interrogatories may relate to any matters which can be inquired into under Rule 26(b), and the answers may be used to the extent permitted by the Nebraska Evidence Rules.

An interrogatory otherwise proper is not necessarily objectionable merely because an answer to the interrogatory involves an opinion or contention that relates to fact or the application of law to fact, but the court may order that such an interrogatory need not be answered until after designated discovery has been completed or until a pretrial conference or other later time.

   (c) Option to Produce Business Records. Where the answer to an interrogatory may be derived or ascertained from the business records, including electronically stored information, of the party upon whom the interrogatory has been served or from an examination, audit, or inspection of such business records, including a compilation, abstract, or summary thereof, and the burden of deriving or ascertaining the answer is substantially the same for the party serving the interrogatory as for the party served, it is a sufficient answer to such interrogatory to specify the records from which the answer may be derived or ascertained and to afford to the party serving the interrogatory reasonable opportunity to examine, audit, or inspect such records and to make copies, compilations, abstracts, or summaries. A specification shall be in sufficient detail as to permit the interrogating party to locate and to identify, as readily as can the party served, the records from which the answer may be ascertained.

Rule 33(c) amended June 4, 2008, effective June 18, 2008. Renumbered and codified as § 6-333, effective July 18, 2008.

   (a) Scope. Any party may serve on any other party a request:

   (1) To produce and permit the party making the request, or someone acting on his or her behalf, to inspect, copy, test, or sample any designated documents or electronically stored information  (including writings, drawings, graphs, charts, photographs, sound recordings, images, and other data or data compilations stored in any medium from which information can be obtained) translated, if necessary, by the respondent into reasonably usable form, or to inspect and copy, test, or sample any tangible things which constitute or contain matters within the scope of Rule 26(b) and which are in the possession, custody, or control of the party upon whom the request is served; or

   (2) To permit entry upon designated land or other property in the possession or control of the party upon whom the request is served for the purpose of inspection and measuring, surveying, photographing, testing, or sampling the property or any designated object or operation thereon, within the scope of Rule 26(b).

   (b) Procedure. The request may, without leave of court, be served upon the plaintiff after commencement of the action and upon any other party with or after service of the summons upon that party. The request shall set forth the items to be inspected either by individual item or by category, and describe each item and category with reasonable particularity. The request shall specify a reasonable time, place, and manner of making the inspection and performing the related acts. The request may specify the form or forms in which electronically stored information is to be produced.

   The party upon whom the request is served shall serve a written response within thirty days after the service of the request, except that a defendant may serve a response within forty-five days after service of the summons upon that defendant. The court may allow a shorter or longer time. The response shall state, with respect to each item or category, that inspection and related activities will be permitted as requested, unless the request is objected to, including an objection to the requested form or forms for producing electronically stored information, in which event the reasons for objection shall be stated. If objection is made to part of an item or category, the part shall be specified and inspection permitted of the remaining parts. If objection is made to the requested form or forms for producing electronically stored information, or if no form was specified in the request, the responding party must state the form or forms it intends to use. The party submitting the request may move for an order under Rule 37(a) with respect to any objection to or other failure to respond to the request or any part thereof, or any failure to permit inspection as requested.

   Unless the parties otherwise agree, or the court otherwise orders:

   (1) a party who produces documents for inspection shall produce them as they are kept in the usual course of business or shall organize and label them to correspond with the categories in the request;

   (2) if a request does not specify the form or forms for producing electronically stored information, a responding party must produce the information in a form or forms in which it is ordinarily maintained or in a form or forms that are reasonably usable; and

   (3) a party need not produce the same electronically stored information in more than one form.

   (c) Persons Not Parties. This rule does not preclude an independent action against a person not a party for production of documents and things and permission to enter upon land.

Rule 34(a)(1) and 34(b)(1-3) amended June 4, 2008, effective July 18, 2008. Renumbered and codified as § 6-334, effective July 18, 2008.

   (a) Procedure.

   (1) Scope. Any party may, by subpoena without a deposition:

   (A) require the production for inspection, copying, testing, or sampling of designated books, papers, documents, tangible things, or electronically stored information (including writings, drawings, graphs, charts, photographs, sound recordings, and other data compilations from which information can be obtained) translated if necessary by the owner or custodian into reasonably usable form, that are in the possession, custody, or control of a person who is not a party and within the scope of Rule 26(b); or

   (B) obtain entry upon designated land or other property within the scope of Rule 26(b) that is in the possession or control of a person who is not a party for the purpose of inspection and measuring, surveying, photographing, testing, or sampling the property or any designated object or operation thereon.

   (2) Notice. A party intending to serve a subpoena pursuant to this rule shall give notice in writing to every other party to the action at least 10 days before the subpoena will be issued. The notice shall state the name and address of the person who will be subpoenaed, the time and place for production or entry, and that the subpoena will be issued on or after a stated date. A designation of the materials sought to be produced shall be attached to or included in the notice.

Such notice may be given by a party other than a plaintiff at any time. Such notice may not be given by a plaintiff until the time at which Rule 30(a) would permit a plaintiff to take a deposition.

   (3) Issuance. A subpoena may be issued pursuant to this rule, either by a request to the clerk of the court or by an attorney authorized to do so by statute, at any time after all parties have been given the notice required by subsection (2). The subpoena shall identify all parties who were given notice that it would be issued and the date upon which each of them was given notice. A subpoena pursuant to this rule shall include or be accompanied by a copy of this rule.

   (4) Time, manner, and return of service. A subpoena pursuant to this rule shall be served either personally by any person not interested in the action or by registered or certified mail not less than 10 days before the time specified for compliance. The person making personal service shall make a return showing the manner of service to the party for whom the subpoena was issued.

   (b) Protection of Other Parties.

   (1) Objection Before Issued. Before the subpoena is requested or issued any party may serve a written objection on the party who gave notice that it would be issued. The objection shall specifically identify any intended production or entry that is protected by an applicable privilege, that is not within the scope of discovery, or that would be unreasonably intrusive or oppressive to the party. No subpoena shall demand production of any material or entry upon any premises identified in the objection. If the objection specifically objects that the person served with the subpoena should not have the option to deliver or mail copies of documents or things directly to a party, the subpoena shall not be issued unless all parties to the lawsuit mutually agree on the method for delivery of the copies.

   (2) Order. The party who gave notice that a subpoena would be issued may apply to the court in which the action is pending for an order with respect to any discovery for which another party has served a written objection. Upon hearing after notice to all parties the court may order that the subpoena be issued or not issued or that discovery proceed in a different manner, may enter any protective order authorized by Rule 26(c), and may award expenses as authorized by Rule 37(a)(4).

   (3) Protective Order. After a subpoena has been issued any party may move for a protective order under Rule 26(c).

   (c) Protection of the Person Served with a Subpoena.

   (1) Avoiding Burden and Expense. A party or an attorney who obtains discovery pursuant to this rule shall take reasonable steps to avoid imposing undue burden or expense on a person subject to that subpoena. The court by which the subpoena was issued shall enforce this duty and impose upon the party or attorney in breach of this duty an appropriate sanction, which may include, but is not limited to, lost earnings of the person subject to the subpoena and reasonable attorney fees.

   (2) Responding to the Subpoena.

   (A) A person served with a subpoena pursuant to this rule shall permit inspection, copying, testing, or sampling either where the documents or tangible things are regularly kept or at some other reasonable place designated by that person. If the subpoena states that the person served has an option to deliver or mail legible copies of documents or things instead of inspection, that person may condition the preparation of the copies on the advance payment of the reasonable cost of copying.

   (B) A person served with a subpoena pursuant to this rule may, within 10 days after service of the subpoena, serve upon the party for whom the subpoena was issued a written objection to production of any or all of the designated materials or entry upon the premises. If objection is made, the party for whom the subpoena was issued shall not be entitled to production of the materials or entry upon premises except pursuant to an order of the court. If an objection has been made, the party for whom the subpoena was issued may, upon notice to all other parties and the person served with the subpoena, move at any time in the district court in the county in which the subpoena is served for an order to compel compliance with the subpoena. Such an order to compel production or to permit entry shall protect any person who is not a party or an officer of a party from significant expense resulting from complying with the command.

   (3) Protections. On timely motion, the court by which a subpoena was issued shall quash or modify the subpoena if it:

   (A) fails to allow reasonable time for compliance,

   (B) requires disclosure of privileged or other protected matter and no exception or waiver applies, or

   (C) subjects a person to undue burden.

   (d) Duties in Responding to Subpoena.

   (1) Production. A person responding to a subpoena to produce documents shall produce them as they are kept in the usual course of business or shall organize and label them to correspond with the categories in the demand.

   (2) Objection. When information subject to a subpoena is withheld on an objection that it is privileged, not within the scope of discovery, or otherwise protected from discovery, the claim shall be made expressly and shall be supported by a description of the nature of the documents, communications, or things not produced that is sufficient to enable the party who requested the subpoena to contest the objection.

   (e) Coordination.

   (1) Copies. If the party for whom the subpoena was issued creates or obtains copies of documents or things, that party shall make available a duplicate of such copies at the request of any other party upon advance payment of the reasonable cost of making the copies.

   (2) Inspection. If a notice of intent to serve a subpoena designates that the subpoena will require entry upon land or other property for the purposes permitted by subsection (a)(1)(B), any other party shall, upon request to the party who gave the notice, be named in the subpoena as also attending at the same time and place.

Rule 34A and Comment adopted December 12, 2001; Rule 34A(c)(2)(B) amended May 19, 2004; Rule 34A(a)(1)(A), 34A(a)(2), 34A(b)(1), 34A(c)(2)(A-B) amended June 4, 2008, effective June 18, 2008. Renumbered and codified as § 6-334(A), effective July 18, 2008.

   (a) Order for Examination. When the mental or physical condition (including the blood group) of a party, or of a person in the custody or under the legal control of a party, is in controversy, the court in which the action is pending may order the party to submit to a physical or mental examination by one or more physicians, or other persons licensed or certified under the laws to engage in a health profession, or to produce for examination the person in his or her custody or legal control. The order may be made only on motion for good cause shown and upon notice to the person to be examined and to all parties and shall specify the time, place, manner, conditions, and scope of the examination and the person or persons by whom it is to be made.

   (b) Report of Examining Physician.

   (1) If requested by the party against whom an order is made under subdivision (a) of this rule or the person examined, the party causing the examination to be made shall deliver to him or her a copy of a detailed written report of the examining physician setting out his or her findings, including results of all tests made, diagnoses, and conclusions, together with like reports of all earlier examinations of the same condition. After delivery the party causing the examination shall be entitled upon request to receive from the party against whom the order is made a like report of any examination, previously or thereafter made, of the same condition, unless, in the case of a report of examination of a person not a party, the party shows that he or she is unable to obtain it. The court on motion may make an order against a party requiring delivery of a report on such terms as are just, and if a physician fails or refuses to make a report, the court may exclude his or her testimony if offered at the trial.

   (2) (Not used).

   (3) This subdivision applies to examinations made by agreement of the parties, unless the agreement expressly provides otherwise. This subdivision does not preclude discovery of a report of an examining physician or the taking of a deposition of the physician in accordance with the provisions of any other rule.

Rule 35(b) comment amended February 26, 1997; Rule 35(a) and 35(a) comment amended November 21, 2001. Renumbered and codified as § 6-335, effective July 18, 2008.

   (a) Request for Admission. A party may serve upon any other party a written request for the admission, for purposes of the pending action only, of the truth of any matters within the scope of Rule 26(b) set forth in the request that relate to statements or opinions of fact or of the application of law to fact, including the genuineness of any documents described in the request. Copies of documents shall be served with the request unless they have been or are otherwise furnished or made available for inspection and copying. The request may, without leave of court, be served upon the plaintiff after commencement of the action and upon any other party with or after service of the summons upon that party.

   Each matter of which an admission is requested shall be separately set forth by the party making the request, and shall be repeated by the responding party in the answer or objection thereto. The matter is admitted unless, within thirty days after service of the request, or within such shorter or longer time as the court may allow, the party to whom the request is directed serves upon the party requesting the admission a written answer or objection addressed to the matter, signed by the party or by his or her attorney, but, unless the court shortens the time, a defendant shall not be required to serve answers or objections before the expiration of forty-five days after service of the summons upon him or her. If objection is made, the reasons therefor shall be stated. The answer shall specifically deny the matter or set forth in detail the reasons why the answering party cannot truthfully admit or deny the matter. A denial shall fairly meet the substance of the requested admission, and when good faith requires that a party qualify his or her answer or deny only a part of the matter of which an admission is requested, he or she shall specify so much of it as is true and qualify or deny the remainder. An answering party may not give lack of information or knowledge as a reason for failure to admit or deny unless he or she states that he or she has made reasonable inquiry and that the information known or readily obtainable by him or her is insufficient to enable him or her to admit or deny. A party who considers that a matter of which an admission has been requested presents a genuine issue for trial may not, on that ground alone, object to the request; he or she may, subject to the provisions of Rule 37(c), deny the matter or set forth reasons why he or she cannot admit or deny it.

   The party who has requested the admissions may move to determine the sufficiency of the answers or objections. Unless the court determines that an objection is justified, it shall order that an answer be served. If the court determines that an answer does not comply with the requirements of this rule, it may order either that the matter is admitted or that an amended answer be served. The court may, in lieu of these orders, determine that final disposition of the request be made at a pretrial conference or at a designated time prior to trial. The provisions of Rule 37(a)(4) apply to the award of expenses incurred in relation to the motion.

   (b) Effect of Admission. Any matter admitted under this rule is conclusively established unless the court on motion permits withdrawal or amendment of the admission. The court may permit withdrawal or amendment when the presentation of the merits of the action will be subserved thereby and the party who obtained the admission fails to satisfy the court that withdrawal or amendment will prejudice him or her in maintaining his or her action or defense on the merits. Any admission made by a party under this rule is for the purpose of the pending action only and is not an admission by him or her for any other purpose nor may it be used against him or her in any other proceeding.

   (a) Motion for Order Compelling Discovery. A party, upon reasonable notice to other parties and all persons affected thereby, may apply for an order compelling discovery as follows:

   (1) Appropriate Court. An application for an order to a party may be made to the court in which the action is pending, or alternatively, on matters relating to a deposition, to the district court in the district where the deposition is being taken. An application for an order to a deponent who is not a party shall be made to the district court in the district where the deposition is being taken.

   (2) Motion. If a deponent fails to answer a question propounded or submitted under Rule 30 or 31, or a corporation or other entity fails to make a designation under Rule 30(b)(6) or 31(a), or a party fails to answer an interrogatory submitted under Rule 33, or if a party, in response to a request for inspection submitted under Rule 34, fails to respond that inspection will be permitted as requested or fails to permit inspection as requested, the discovering party may move for an order compelling an answer, or a designation, or an order compelling inspection in accordance with the request. When taking a deposition on oral examination, the proponent of the question may complete or adjourn the examination before he or she applies for an order.

   If the court denies the motion in whole or in part, it may make such protective order as it would have been empowered to make on a motion made pursuant to Rule 26(c).

   (3) Evasive or Incomplete Answer. For purposes of this subdivision an evasive or incomplete answer is to be treated as a failure to answer.

   (4) Award of Expenses of Motion. If the motion is granted, the court shall, after opportunity for hearing, require the party or deponent whose conduct necessitated the motion or the party or attorney advising such conduct or both of them to pay to the moving party the reasonable expenses incurred in obtaining the order, including attorney fees, unless the court finds that the opposition to the motion was substantially justified or that other circumstances make an award of expenses unjust.

   If the motion is denied, the court shall, after opportunity for hearing, require the moving party or the attorney advising the motion or both of them to pay to the party or deponent who opposed the motion the reasonable expenses incurred in opposing the motion, including attorney fees, unless the court finds that the making of the motion was substantially justified or that other circumstances make an award of expenses unjust.

   If the motion is granted in part and denied in part, the court may apportion the reasonable expenses incurred in relation to the motion among the parties and persons in a just manner.

   (b) Failure to Comply with Order.

   (1) Sanctions by Court in District Where Deposition is Taken. If a deponent fails to be sworn or to answer a question after being directed to do so by the district court in the district in which the deposition is being taken, the failure may be considered a contempt of that court.

   (2) Sanctions by Court in Which Action is Pending. If a party or an officer, director, or managing agent of a party or a person designated under Rule 30(b)(6) or 31(a) to testify on behalf of a party fails to obey an order to provide or permit discovery, including an order made under subdivision (a) of this rule or Rule 35, the court in which the action is pending may make such orders in regard to the failure as are just, and among others the following:

   (A) An order that the matters regarding which the order was made or any other designated facts shall be taken to be established for the purposes of the action in accordance with the claim of the party obtaining the order;

   (B) An order refusing to allow the disobedient party to support or oppose designated claims or defenses, or prohibiting him or her from introducing designated matters in evidence;

   (C) An order striking out pleadings or parts thereof, or staying further proceedings until the order is obeyed, or dismissing the action or proceeding or any part thereof, or rendering a judgment by default against the disobedient party;

   (D) In lieu of any of the foregoing orders or in addition thereto, an order treating as a contempt of court the failure to obey any orders except an order to submit to a physical or mental examination;

   (E) Where a party has failed to comply with an order under Rule 35(a) requiring him or her to produce another for examination, such orders as are listed in paragraphs (A), (B), and (C) of this subdivision, unless the party failing to comply shows that he or she is unable to produce such person for examination.

In lieu of any of the foregoing orders or in addition thereto, the court shall require the party failing to obey the order or the attorney advising him or her, or both to pay the reasonable expenses, including attorney fees, caused by the failure, unless the court finds that the failure was substantially justified or that other circumstances make an award of expenses unjust.

   (c) Expenses on Failure to Admit. If a party fails to admit the genuineness of any document or the truth of any matter as requested under Rule 36, and if the party requesting the admissions thereafter proves the genuineness of the document or the truth of the matter, he or she may, within 30 days of so proving, apply to the court for an order requiring the other party to pay him or her the reasonable expenses incurred in making that proof, including reasonable attorney fees. The court shall make the order unless it finds that:

   (1) The request was held objectionable pursuant to Rule 36(a), or

   (2) The admission sought was of no substantial importance, or

   (3) The party failing to admit had reasonable ground to believe that he or she might prevail on the matter, or

   (4) There was other good reason for the failure to admit.

   (d) Failure of Party to Attend at Own Deposition or Serve Answers to Interrogatories or Respond to Request for Inspection. If a party or an officer, director, or managing agent of a party or a person designated under Rule 30(b)(6) or 31(a) to testify on behalf of a party fails

(1) To appear before the officer who is to take his or her deposition, after being served with a proper notice, or

(2) To serve answers or objections to interrogatories submitted under Rule 33, after proper service of the interrogatories, or

(3) To serve a written response to a request for inspection submitted under Rule 34, after proper service of the request, the court in which the action is pending on motion may make such orders in regard to the failure as are just, and among others it may take any action authorized under paragraphs (A), (B), and (C) of subdivision (b)(2) of this rule.

   In lieu of any order or in addition thereto, the court shall require the party failing to act or the attorney advising him or her or both to pay the reasonable expenses, including attorney fees, caused by the failure, unless the court finds that the failure was substantially justified or that other circumstances make an award of expenses unjust.

   The failure to act described in this subdivision may not be excused on the ground that the discovery sought is objectionable unless the party failing to act has applied for a protective order as provided by Rule 26(c).

Rule 37(c) amended July 23, 1997. Renumbered and codified as § 6-337, effective July 18, 2008.

   (A) Electronic Filing System. Electronic filing system (E-Filing System) approved by the Nebraska Supreme Court for filing of pleadings, motions, and other papers (Documents) via the Internet through the court-authorized service provider.

   (B) Electronic Filing. Electronic filing (E-Filing) is the transmission of Documents to the Clerk of the Court, and from the court, via the E-Filing System.

   (C) Electronic Service. Electronic service (E-Service) is the transmission of Documents to any party in a case via the E-Filing System. Any party or attorney who has registered to use the E-Filing System thereby agrees to receive service of any Document, other than service of a summons or initial pleading, via the E-Filing System.

   (D) Durable Medium. Durable medium shall be any information storage medium that is created by a durable process. A process shall be the combination of hardware, software, storage media, techniques, and procedures used to manage, create, store, retrieve, and delete information belonging to the party required to maintain the record. A process shall be durable if it meets the following criteria:

   (1) The process is capable of creating and storing information for the required records retention period.

   (2) The process can be migrated to a successor process when necessary and will retain all information available in the original process after migration to the successor process.

   (3) The process maintains the integrity of information in a readily accessible manner, makes it retrievable, makes it processable through an established usual or routine set of procedures using available hardware and software, and makes it accurately reproducible in a human-readable form.

   (4) The process provides for disaster recovery backups, which are periodically, depending on a retention schedule, verified for restorability and readability, and can be stored in a separate geographical location from the original information.

   (5) The process is demonstrated to create and maintain information for the retention period as specified, in an accurate, reliable, trustworthy, dependable, and incorruptible manner.

   (6) The process allows the removal of information when it reaches the end of its required retention period.

   (7) The process is documented so as to demonstrate to a reasonable person compliance with these criteria.

§ 6-401(A) amended and § 6-401(C) deleted August 12, 2008; § 6-401(C) adopted January 21, 2010; § 6-401(C) renumbered to § 6-401(D) and § 6-401(C) adopted December 22, 2010, effective May 1, 2011.

   E-Filing is authorized on a pilot project basis for certain cases filed in specified district and county courts in Nebraska, as set forth in a schedule by the Administrative Office of the Court, as revised from time to time. At the discretion of the Chief Justice, in consultation with the presiding judge of the particular court, E-Filing may be suspended in certain courts that are experiencing technical difficulties.

§ 6-402 amended August 12, 2008.

   For purposes of the pilot project, only attorneys licensed to practice law in Nebraska may register to use the E-Filing System. Any attorney so registered may make an entry of appearance through E-Filing.

   Under the pilot project, cases may be commenced under Neb. Rev. Stat. § 25-501 through an E‑Filing; however, service of the initial pleading and the summons shall not be made by E-Service. The electronic filing of a complaint or other initial pleading from which printed copies can be made shall be deemed compliant with the requirement of Neb. Rev. Stat. § 25-504.01 to supply copies of a complaint. The court clerk shall print sufficient copies for service with the summons. The party filing such complaint or pleading electronically shall be deemed to have consented to pay the reasonable expense of printing such copies. The summons and any required attachments to the summons shall be provided in printed form by the court clerk and shall be served in accordance with Neb. Rev. Stat. § 25‑505.01 et seq., unless service is waived or otherwise excused by law. If an attorney who has entered an appearance in a case has not registered for E-Filing, then service of the e-filed pleading upon that attorney shall be made as required by law.

Rule 4 amended December 20, 2006. Renumbered and codified as § 6-404, effective July 18, 2008; § 6-404 amended August 12, 2008; § 6-404 amended December 22, 2010, effective May 1, 2011.

   For cases under the pilot project, Documents which are required by Neb. Ct. R. Pldg. § 6-1105 to be filed in the office of the court clerk may be filed through an E-Filing.

§ 6-405 amended December 22, 2010, effective May 1, 2011.

   All Documents electronically received by the court clerk by 11:59:59 p.m. local time shall be deemed to have been filed on that date.

Rule 6 amended June 4, 2008. Renumbered and codified as § 6-406, effective July 18, 2008.

   (A) Except as provided in subsection (B) of this section, a copy of an E-Filed Document with original signatures shall be maintained either in paper form or in electronic form. A copy maintained in electronic form shall be stored using a durable medium as defined in § 6-401. The copy shall be maintained by the filing party and made available for inspection by other parties or the court upon request, but shall not be filed with the court. Where these rules require a party to maintain a Document, the filer is required to maintain the Document for a period of 2 years after the final resolution of the action, including the final resolution of all appeals.

   (B) Where an E-Filed Document is signed by only the attorney using the E-Filing System, the attorney shall not be required to maintain a copy of the E-Filed Document.

§ 6-407 deleted and § 6-408 renumbered to § 6-407 on August 12, 2008; § 6-407(A) amended January 21, 2010; § 6-407(B) adopted January 21, 2010.

   A motion for leave to file Documents under seal may be E-Filed. Documents to be filed under seal pursuant to an order of the court shall not be E-Filed.

§ 6-409 renumbered to § 6-408 on August 12, 2008.

   Use of the E-Filing System by an attorney shall constitute compliance with the Neb. Ct. R. Pldg. § 6‑1111 signature requirement and the attorney using the E-Filing System shall be subject to all other requirements of Neb. Ct. R. Pldg. § 6-1111 and Neb. Rev. Stat. § 25-824 et seq. Signatures of parties, witnesses, and notaries and notary stamps may be typed using the signature format “/s/ [typed name]” and using the stamp format “seal, notary public, State of [state name],” and commission expiration date and E-filed to satisfy signature and certification requirements. If the notarial commission of the particular notary public whose seal is being depicted is limited by county, the filing party shall use the stamp format "seal, notary public, State of [state name], County of [county name]." Other seals or stamps, such as those of courts, public bodies, agencies, or officials, or corporations, may be typed using the stamp format "seal, [alphanumeric content of seal]." Signatures of parties, witnesses, and notaries, and notary stamps or other seals, shall not be typed or otherwise depicted on E-Filed Documents unless the filing party has possession of the original document or documents bearing such signatures and stamps.

§ 6-410 renumbered to § 6-409 on August 12, 2008; § 6-409 amended December 22, 2010, effective May 1, 2011.

   A court may transmit orders, notices, and other court entries via the E-Filing System to attorneys registered to use the E-Filing System.

§ 6-411 renumbered to § 6-410 on August 12, 2008.

   Neb. Ct. R. Pldg. § 6-1110 shall apply to E-Filed Documents. An E-Filed Document shall not be transmitted to the District Court Clerk/County Court Clerk Magistrate by any other means unless the court at any later time requests a printed copy bearing original signatures.

§ 6-412 renumbered to § 6-411 on August 12, 2008; § 6-411 amended December 22, 2010, effective May 1, 2011.

   A document that requires the signatures of opposing parties or counsel (such as a stipulation) may be electronically filed by typing the names of each signing party or counsel, but the filer is required to first obtain the original signatures of all opposing parties or counsel on a printed document.

 § 6-413 deleted and § 6-414 renumbered to § 6-413 on July 23, 2008; § 6-413 renumbered to § 6-412 on August 12, 2008.

   Attorneys who E-File shall not submit paper, self-addressed, stamped envelopes for the purpose of receiving a signed order or file-stamped copies of pleadings back from the court in active cases. Local courts shall use E-Filing to distribute such court orders or file-stamped copies of pleadings.

§ 6-415 renumbered to § 6-414 on July 23, 2008; § 6-414 renumbered to § 6-413 on August 12, 2008.

   Upon satisfactory proof that E-Filing or E-Service of a Document is not completed because of (1) an error in the transmission of the Document to the E-File System service provider which was unknown to the sending party or (2) a failure to process the electronic filing when received by the court clerk, the court may enter an order permitting the Document to be filed as of the date it was first attempted to be sent electronically. Notwithstanding the foregoing, no order may be entered under this rule which expands the statutory time period for commencing an action or perfecting an appeal unless there is an affirmative showing that the failure to make a timely filing was due solely to an E-Filing System internal transmission error or a processing error by the court clerk.

§ 6-416 renumbered to § 6-415 on July 23, 2008; § 6-415 renumbered to § 6-414 and amended on August 12, 2008; § 6-414 amended December 22, 2010, effective May 1, 2011.

   Upon a showing of substantial good faith compliance with the E-Filing System interim rule, the court may waive nonjurisdictional defects in an E-Filing or E-Service if it finds that no harm has occurred to any party as a result of the defective E-Filing or E-Service.

§ 6-417 renumbered to § 6-416 on July 23, 2008; § 6-416 renumbered to § 6-415 and amended on August 12, 2008; § 6-415 amended December 22, 2010, effective May 1, 2011.

   If an E-Filing court case is appealed, the clerk of the E-Filing court shall prepare a paper file from the electronic files of the case to submit to the appellate court. If the E-Filing court is participating in a project for electronic transmission of appeals to the appellate court or is so directed by the appellate court, the file transmitted to the appellate court shall be in electronic form in accordance with the project or appellate court’s instructions and no paper file shall be prepared by the E-Filing court or submitted to the appellate court.

§ 6-418 renumbered to § 6-417 on July 23, 2008; § 6-417 renumbered to § 6-416 on August 12, 2008; § 6-416 amended December 22, 2010, effective May 1, 2011; § 6-416 amended August 31, 2011.

   In the event of a change of attorneys in an E-Filed case from a registered E-filing attorney to an attorney who is not a registered E-Filing attorney, the case will revert to paper. In that circumstance, the clerk will prepare a paper file from the electronic file.

§ 6-419 renumbered to § 6-418 on July 23, 2008’ § 6-418 renumbered to § 6-417 on August 12, 2008.

   If the clerk of the court ceases to maintain an electronic file, the clerk will prepare a complete and certified copy of the electronic file in paper form.

§ 6-420 renumbered to § 6-419 on July 23, 2008; § 6-419 renumbered to § 6-418 on August 12, 2008; § 6-418 amended December 22, 2010, effective May 1, 2011.

   (A) For cases under the pilot project, E-Service may be used for any document to be electronically filed, except for the initial pleading and summons. Documents which are required to be served pursuant to Neb. Ct. R. Pldg. § 6-1105 and in the manner required by § 6-1105(b)(2) may be served through E-Service or through a combination of E-Service and any other method permitted by § 6-1105. A Document electronically received by the E-Filing provider for service by 11:59:59 p.m. local time shall be deemed to have been served on that date.

   (B)  For purposes of Neb. Ct. R. Pldg. § 6-1105(b), service by E-Service to any party or attorney who has registered to use the E-Filing System shall constitute service pursuant to § 6-1105(b)(2)(F). For purposes of computing a prescribed period pursuant to Neb. Ct. R. Pldg. § 6-1106(e), service by E‑Service shall constitute service pursuant to § 6-1105(b)(2)(F).

§ 6-419 adopted December 22, 2010, effective May 1, 2011.

Rule 21 amended December 20, 2006. Renumbered and codified as § 6-421, effective July 18, 2008; § 6-421 renumbered to § 6-420 on July 23, 2008. § 6-420 deleted August 12, 2008.

   The clerks of the various courts or the official court reporters are authorized to release, under the following conditions, any exhibit offered or received in evidence in any civil, criminal, or juvenile proceeding:

   (A) Upon request of an introducing attorney or owner, release to such introducing attorney or owner at any time during or after trial, if request is made during trial to substitute a copy and permission is granted by the court to do so.

   (B) Upon request of an introducing attorney or owner, release to such introducing attorney or owner at any time after trial or following expiration of appeal time, provided it is stipulated in writing that a copy shall be substituted, or if, in the absence of such a stipulation, the judge who tried the case, or if such judge is unavailable the current presiding judge, determines such substitution to be unnecessary.

   (C) When, in compliance with Supreme Court rules governing preparation of bills of exceptions, counsel shall substitute photographs or mechanical drawings and descriptions for any large or cumbersome exhibits where such would fairly present such exhibits to the appellate court.

   The clerks of the various courts or the official court reporters are authorized to dispose of any exhibits or substitutes which have not been released pursuant to § 6-501 according to the applicable Records Retention and Disposition Schedules of the State Records Administrator.

   Exhibits first shall be sought to be returned to the attorneys who introduced them, if possible, or to the owners, if they can be determined. Questions as to ownership of exhibits shall be submitted to the judge who tried the case, or to the presiding judge. Attorneys or owners of exhibits shall be notified to remove them; in the event of their failure to do so within 30 days, or if the attorneys or owners are not available or cannot be determined, the exhibits shall be disposed of or destroyed as ordered by the judge who tried the case, or the presiding judge.

   Nothing herein shall restrict or contravene the discretion given to a court to dispose of exhibits under Neb. Rev. Stat. § 24‑1004, or in requiring compliance by all parties with Neb. Rev. Stat. §§ 84‑1201 to 84‑1220, and nothing herein shall restrict a court from requiring retention of exhibits in any instance for a period of time in excess of that in the applicable Records Retention and Disposition Schedules of the State Records Administrator.

   Notwithstanding the provisions of §§ 6-501 through 6-504, exhibits constituting visual depiction of sexually explicit conduct involving a child, as defined by Neb. Rev. Stat. § 27-1301 and controlled by Neb. Ct. R. § 6-1801, shall remain constantly and continuously in the care, custody, and control of the court in which the exhibit was introduced, whether or not received into evidence by such court, until it is returned to the introducing attorney or law enforcement or otherwise disposed of as ordered by that court.
§ 6-505 adopted January 27, 2010.

   "Fax" means to transmit and reproduce a facsimile of an original document by electronic means. Every court in the State of Nebraska shall accept for filing a fax transmission of any pleading, motion, or other document, except for briefs, subject to prepayment of statutory filing fees and subject to the following:

Rule 1 amended March 10, 1993; amended September 18, 1996. Renumbered and codified as § 6-601, effective July 18, 2008.

   All fax machines shall use plain paper and shall meet standard minimum CCITT Group III requirements. "CCITT" means Consultative Committee for International Telephone and Telegraph. "Group III" is a standard letter‑size document that takes approximately 1 minute for transmission. The fax machine shall place the date and time of receipt on the transmission received.

   A fax machine in the judicial system shall be used solely for court business. A court may authorize use of fax equipment by other governmental offices or agencies so long as such use does not interfere with the conduct of court business.

   A fax transmission for filing shall be preceded by an attached uniform cover sheet approved by the Supreme Court of Nebraska. The fax cover sheet shall contain the sender's full name, address, telephone number, and fax number, and, if the sender is a lawyer, the lawyer's identification number assigned by the Nebraska State Bar Association. The cover sheet shall specify the number of pages in the transmission. The sender's information supplied on the fax cover sheet shall be typed or printed.

   A plain‑paper original transmission shall constitute a filing. The sender shall retain the original document transmitted by fax for a period not less than the maximum allowable time to complete the appellate process, unless otherwise directed by a court.

   Each transmission shall be limited to 10 pages, excluding the cover sheet. Additional pages may be permitted with prior approval of the clerk at the receiving court. Each transmitted page shall bear its sequential number in the transmission, e.g., "1 of 10," "2 of 10," etc.

   If a filing requires an original and multiple copies of the original, and when the aggregate number of pages in the original and multiple copies exceeds the page limit specified in § 6-606, only the original, which does not exceed the specified page limit, shall be filed by fax transmission. The required multiple copies of the original shall be delivered to the clerk of the receiving court within five days after fax transmission of the original. Delivery of multiple copies to the clerk at the receiving court within the five‑day period constitutes filing the multiple copies on the date that the original fax‑transmitted document was filed in the receiving court.

   In addition to any statutory fee for filing, the following fee shall be paid for fax filings: $3 for the first page and $1 for each additional page in the transmission. Pursuant to Neb. Rev. Stat. § 48-187, the Workers' Compensation Court shall be exempt from charging for receipt of fax filings. No fee is charged for the cover sheet. Fees for use of fax filings shall be paid as prescribed by the receiving court, provided that no fee, except a filing fee required by statute, shall be charged to any agency of the State of Nebraska or to any agency of a political subdivision of the State of Nebraska. At the receiving court's option, the fee for a fax transmission may be paid by credit card. Fees for credit card usage shall be at the rate specified in Neb. Rev. Stat. § 33‑126.05 and amendments thereto.

Rule 8 amended September 18, 1996. Renumbered and codified as § 6-608, effective July 18, 2008; amended June 8, 2011.

   Fees for fax filings received in district court, separate juvenile court, and county court shall be paid to the general fund of the county where the receiving fax machine is located. All fees received for fax filings in the Nebraska Court of Appeals and the Supreme Court of Nebraska shall be remitted to the general fund of the State of Nebraska.

§ 6-609 amended June 8, 2011.

   The sender bears all risk in a fax transmission. Electronic transmission of a document by means of a fax machine does not constitute filing; filing is complete only after the receiving clerk's acceptance for filing in compliance with applicable statutes and these rules. If a receiving clerk determines that there has been an error in transmission, such as failure to complete the cover sheet for a transmission or an interruption in the sequence of pages transmitted, the clerk shall, as soon as practical, fax to the sender notice specifying the error preventing acceptability for filing. Any fax transmission containing an error that prevents filing may be disregarded by a clerk, but shall be retained for 10 days and thereafter disposed of unless within 10 days of the fax transmission the sender shall have requested judicial review of the rejection for filing. If a clerk rejects a filing in a pending proceeding, the clerk's rejection shall be noted on the docket of the court in which the proceeding is pending. A clerk is not required to acknowledge that a fax transmission has been received or accepted for filing. A clerk receiving a transmission has no duty to serve on a party a copy of the faxed transmission.

   A person seeking to file a signed document may fax a copy of the original signed document. Notwithstanding any provision of law to the contrary, a signature reproduced on a fax transmission is an original signature for the purpose of the fax filing only. Anyone who files a signed document by fax represents that the original signed document is physically in his or her possession or control.

   Fax transmission may be used for the issuance of orders or warrants, including, but not limited to:

   (A) an arrest or search warrant;

   (B) release or detention of a defendant in custody for a criminal proceeding;

   (C) an order or warrant for placing a juvenile in custody or for release or detention of a person subject to the Nebraska Juvenile Code;

   (D) a temporary restraining order or protection order; and

   (E) an order in a domestic relations case.

   For all procedural and statutory purposes, a faxed document shall have the same force and effect as the original document issued by a court.

   Filing by fax is allowed during the normal business hours of the receiving court. Unless prior permission is received from the clerk at the receiving court, any fax transmission received after normal business hours shall be deemed to be filed on the next business day. The time at which a document shall be deemed to be received is when the last page of the fax‑transmitted document is received by the recipient clerk.

   A lawyer who is willing to accept service of papers by fax shall so indicate by including his or her fax machine telephone number, designated as a "fax number," as part of the lawyer's name, address, and telephone number on a document filed in an action. A lawyer who files a paper by fax consents to service of papers on him or her by fax in that proceeding.

   Neither the Nebraska Court of Appeals nor the Supreme Court of Nebraska will accept briefs for filing by fax transmission.

Adopted January 13, 1993.

   These rules become effective on September 20, 2000, and will, as amended, govern the use of interpreters in all courts of the State of Nebraska.

Scope and Effective Date amended September 17, 2003. Renumbered and codified as § 6-701, effective July 18, 2008.

   The State Court Administrator will publish and maintain a statewide register of interpreters which will consist of the following:

   (A) Certified Court Interpreters: Court interpreters who have satisfied all certification requirements pursuant to § 6-705.

   (B) Provisionally Certified Court Interpreters. Interpreters for languages other than those for which an oral examination is available through the Consortium for Language Access in the Court. These interpreters are provisionally certified by satisfying the requirements outlined in § 6-706 until such time an oral examination is developed.

   (C) Registered Court Interpreters. Noncertified court interpreters who have not satisfied the requirements of § 6-705, but have completed an interpreter orientation program sponsored by the State Court Administrator and achieved a passing score on a written examination administered by the State Court Administrator, as well as achieved a score of 50 percent or better on each section of the oral legal interpreting examination administered or approved by the State Court Administrator.

   (D) Other Court Interpreters. Non-certified court interpreters who have not satisfied the requirements of § 6-705 or § 6-706.

   (E) Sign Language Court Interpreters. Sign language interpreters must be licensed, as required by Neb. Rev. Stat. § 20-151 and must possess either a Level I, Level II, or Level III classification awarded by the Nebraska Commission for the Deaf and Hard of Hearing, as set forth below:

Level I – Interpreters with current Legal Specialist certification from the Registry of Interpreters for the Deaf (SC:L).

Level II – Interpreters with current certification from the Registry of Interpreters for the Deaf (CI/CT, CSC, NIC Master, NIC Advanced, NIC (basic), and Deaf interpreters certified by the Registry of Interpreters for the Deaf).

Level III - Intrepreters with either a CI or CT certification from the Registry of Interpreters for the Deaf, or Nebraska state certification of QAST 5/5 or 4/4 or a combination of both, or Nebraska licensed Intermediary Interpreters (Deaf Interpreters).

   Diligent efforts must be made to obtain an interpreter with the highest level of certification before allowing an interpreter with a lower level of certification to interpret.

[Originally numbered as] Rule 1(A) – (D) amended September 17, 2003; [originally numbered as] Rule 1(D) amended January 4, 2007, effective July 1, 2007; [originally numbered as] Rule 1(B) – (D) amended June 25, 2008, effective July 1, 2008. Renumbered and codified as § 6-702, effective July 18, 2008; § 6-702 amended October 21, 2009; § 6-702(D) amended May 12, 2010; § 6-702 amended March 16, 2011.

   (A) Use of Certified or Provisionally Certified Court Interpreter. Whenever an interpreter is required to be appointed by a court or probation office, the court or probation office shall first attempt to appoint a certified or provisionally certified court interpreter who is listed on the statewide register of interpreters if one is reasonably available.

   (B) Use of Registered Court Interpreter on Statewide Register. If the court or probation office has made diligent efforts to obtain a certified or provisionally certified court interpreter as required by § 6-703(A) and found none to be available, the court or probation office may appoint a registered court interpreter who is otherwise competent to interpret in the courts.

   (C) Use of Other Court Interpreter. If the court or probation office has made diligent efforts to obtain a certified or provisionally certified court interpreter and a registered court interpreter, and found none to be available, the court or probation office may appoint a court interpreter who is otherwise competent to interpret in the courts. All arrangements for interpreters shall be made by authorized court or probation personnel. Hearings for parties who appear with their own interpreter may be continued pending the court’s determination of language needs of the individual and the qualifications of the interpreter, if a certified, provisionally certified, or registered interpreter is not available. Provided, however, in proceedings in which a Spanish interpreter is utilized, only a certified or registered interpreter shall be allowed. In proceedings in which a sign interpreter is utilized, only an interpreter awarded a Level I or Level II classification by the Nebraska Commission for the Deaf and Hard of Hearing shall be allowed.

   (D) To determine whether a certified or registered interpreter is reasonably available, reasonable advance attempts must be made to arrange for the presence of a certified or provisionally certified interpreter prior to the use of a registered interpreter, and then, for the presence of a registered interpreter prior to the use of an interpreter who is not certified, provisionally certified, or registered.

   (E) Number of Interpreters. For any proceeding that is scheduled for more than one-half day, two language interpreters shall be appointed. For any proceeding that is scheduled for more than one hour, two sign interpreters shall be appointed.

   (F) Rebuttable Presumption. There is a rebuttable presumption that an interpreter must be appointed if an interpreter is requested or it is shown that the party is having difficulty in communicating.

   (G) All interpreters shall be at least 19 years old, shall have read the Code of Professional Responsibility for Interpreters, shall take the Interpreter Oath and shall verify in writing that he/she has read and understands the Code of Professional Responsibility for Interpreters prior to interpreting in the Nebraska Courts or the Nebraska State Probation System.

   (H) Individuals serving as interpreters for the State of Nebraska, pursuant to these rules, shall not be considered employees of the State of Nebraska.

   See Appendix 1 for Code and Interpreter Oath.

[Originally numbered as] Rule 2(B)–(D) amended September 17, 2003; [originally numbered as] Rule 2(D) moved to (G) on January 4, 2007, effective July 1, 2007; [originally numbered as] Rule 2(D)–(F) adopted January 4, 2007, effective July 1, 2007; [originally numbered as] Rule 2(B)–(D) and (G) amended June 25, 2008, effective July 1, 2008. Renumbered and codified as § 6-703, effective July 18, 2008; § 6-703(A)-(C) and (E)-(H) amended October 21, 2009; § 6-703(A)-(D) amended March 16, 2011; § 6-701(A)-(C) amended May 16, 2012, effective July 1, 2012.

   (A) Submission of Application. An individual who is desirous of being considered for certification as a certified, provisionally certified, or a registered interpreter as defined in these rules, in a particular language, must submit an application, on form(s) approved by the State Court Administrator, to the office of the State Court Administrator.

   (B) Evaluation of Application. The State Court Administrator will evaluate the application and determine if the applicant meets the initial qualification requirements of §§ 6-705, 6-706, or 6-707 (minimum age and absence of criminal convictions and/or pending charges based on criminal history record check). If initial qualification requirements are met, applicants will be required to take a 2-day orientation.

   (C) Orientation for interpreters will include an introduction to Nebraska Courts and court proceedings, the ethics of a court interpreter, vocabulary, and the skills needed to assume the responsibilities of a court interpreter and meet the requirements for certification or provisional certification as outlined in §§ 6-705 and 6-706. After completing orientation, applicants will be required to take a written examination. 

   (D) Written Examination. The written examination to qualify to take the oral examination of § 6-705(D) or be considered for provisional certification pursuant to § 6-706(F), shall require no fee and shall consist of three parts: general English language vocabulary, court‑related terms and usage, and ethics and professional conduct. The written examination will be administered at such times and places as the State Court Administrator may designate. The State Court Administrator shall waive this requirement for any interpreter who has previously taken the oral interpreter competency examination of § 6-704(E). If the applicant achieves a passing score (80 percent or higher) on the written examination, the applicant shall then be required to take an oral examination, if available for the interpreter's language, or provide documentation to support consideration for provisional certification.

   (E) Oral Examination. Oral examinations in specific languages will consist of three components: sight interpretation, consecutive interpretation, and simultaneous interpretation. Such examinations will be administered at such times and places as the State Court Administrator may designate. Results of the oral certification examinations will be e-mailed or mailed by regular U.S. Mail to the applicant, per applicant’s request.

   (F) Confidentiality. All information relating to the examination is treated as confidential by the State Court Administrator and test administrators except that statistical information relating to the examinations and applicants may be released at the discretion of the State Court Administrator.

§ 6-704 adopted October 21, 2009; § 6-704(A)-(D) amended March 16, 2011.

   A certified court interpreter must be able to interpret simultaneously and consecutively and provide sight translation from English to the language of the non-English-speaking person and from the language of that person into English. An interpreter will be eligible for certification upon establishing to the satisfaction of the State Court Administrator that he or she has:

   (A) Reached the age of 19;

   (B) Had no past convictions or pending criminal charges, either felony or misdemeanor, which are deemed by the Supreme Court to evidence moral turpitude, dishonesty, fraud, deceit, or misrepresentation. Disposition of criminal charges other than by acquittal or dismissal (e.g., pretrial diversion) may also be the basis for denial of certification;

   (C) Completed the orientation approved by the State Court Administrator;

   (D) Achieved a passing score (80 percent or higher) on a written examination administered by the State Court Administrator; and

   (E) Achieved a passing score (70 percent or higher on each segment) on the oral certification examination (Consortium oral certification examination) administered or approved by the State Court Administrator as described in § 6-704(E). If an interpreter shall have received a passing score of 70 percent on any of the three segments of a previous Consortium oral certification examination that was administered within the last 3 calendar years, the passing grade shall be honored and the applicant shall not be required to repeat that segment of a current examination.

   (F) In addition, any interpreter possessing a Federal Court Certified Court Interpreter Certificate, a Court Interpreter Certification Certificate from any state which is a member of the National Center for State Court’s Consortium for Language Access in the Courts, formerly known as the Consortium for State Court Interpreter Certification, or a sign language Specialist Certificate Legal (SC:L) for interpreters that are fully certified (CI/CT, NIC Master or NIC Advanced, CSC, or CDI) or provisional legal certificate (CLIP) is recognized as a certified court interpreter.

   (G) To maintain certified status, court interpreters must comply with continuing education requirements as outlined in § 6-709. Failure to complete recognized continuing education shall be grounds for removal of the interpreter’s name from the list of Nebraska Certified Court Interpreters.

[Originally numbered as] Rule 3(C)–(E) amended September 17, 2003. Renumbered and codified as § 6-704, effective July 18, 2008; § 6-704 renumbered to § 6-705 and amended October 21, 2009; § 6-705(G) adopted May 16, 2012, effective July 1, 2012.

   In languages for which no oral certification examination is available, an applicant may be provisionally certified upon establishing to the satisfaction of the State Court Administrator that he or she has:

   (A) Reached the age of 19;

   (B) Filed with the State Court Administrator a resume, a completed questionnaire regarding his or her experience and work education and work history, and permission for the State Court Administrator to do a criminal records check on the applicant;

   (C) Had no past convictions or pending criminal charges, either felony or misdemeanor, which are deemed by the Supreme Court to evidence moral turpitude, dishonesty, fraud, deceit, or misrepresentation. Dispositions of criminal charges other than by acquittal or dismissal (e.g., pretrial diversion) may also be the basis for denial of certification;

   (D) Completed the orientation approved by the State Court Administrator;

   (E) Achieved a passing score (80 percent or higher) on a written examination administered by the State Court Administrator;

   (F) In addition, provisional certification requires that the applicant demonstrate both written and oral proficiency in both English and the foreign language by the following:

   (1) Proof of the applicant’s English written proficiency shall be demonstrated by one or more of the following:

   (a) A degree from an accredited college or university in a country where English is the official language; or

   (b) A minimum of 1 year of completed graduate coursework at an accredited university in a country where English is the official language; or

   (c) A score of 400 in the Toefel paper-based language test; a score of 97 in the Toefel PC-based language test; or a score of 32 in the Toefel Internet-based language test; or

   (d) Publication in English where the candidate is the sole or main author; or

   (e) Accreditation from the ATA American Translators Association in translation into English.

   (2) Proof of the applicant’s English oral proficiency shall be demonstrated by one or more of the following:

   (a) A minimum of 2 years of teaching experience at the college level (undergraduate or graduate) using English as the language of instruction; or

   (b) A minimum of 2 years of other professional work experience in the United States or in a country where the official language is English.

   (3) Proof of written proficiency in the foreign language(s) as demonstrated by the following:

   (a) A minimum 4-year college degree from the United States or an equivalent higher education degree from another country where instruction is conducted in that language; or

   (b) Publication in the foreign language in which the applicant is the sole or main author; or

   (c) Accreditation from the ATA American Translators Association in translation into the foreign language.

   (4) Proof of oral proficiency in the foreign language as demonstrated by the following:

   (a) A minimum of 2 years of teaching at the college level (undergraduate or graduate) using the language as the language of instruction; or

   (b) A minimum of 2 years of other professional experience in a country where the language is the official language; or

   (c) A degree from an internationally recognized university or academic institution, ideally in, but not limited to, translation and interpretation with concentration in the foreign language.

   (5) Three letters of reference to attest to the applicant’s interpreting and professional experience within the past 2 years.

   (6) The State Court Administrator shall have the responsibility of determining whether an applicant’s degree, coursework, teaching experience, and/or professional work experience meet the requirements of this rule.

   (7) Upon the applicant’s meeting the above requirements, he or she will be assigned to a mentor program developed and approved by the State Court Administrator. Upon completion of the mentor program and a favorable report from the assigned mentor, the applicant shall be considered a provisionally certified interpreter.

   (G) Continuing Education and Reassessment of Provisionally Certified Status. To maintain provisionally certified status, court interpreters must comply with continuing education requirements as outlined in § 6-709. Failure to complete recognized continuing education shall be grounds for removal of the interpreter’s name from the list of Nebraska Provisionally Certified Court Interpreters.

   (H) Provisional certification shall be recognized by the State of Nebraska until such time as an oral examination is available from the Consortium for Language Access in the Courts. The provisional certification will be withdrawn 6 months after an oral test is made available in the interpreter’s target language. Provisionally certified interpreters who are not able to pass the consortium oral examination will be considered registered interpreters.

§ 6-706 adopted March 16, 2011; § 6-706(G) amended May 16, 2012, effective July 1, 2012.

   (A) A registered court interpreter must be able to interpret simultaneously and consecutively and provide sight translation from English to the language of the non-English-speaking person and from the language of that person into English, only when a certified interpreter is not available. See § 6-703(B).

   (B) An interpreter will be eligible for registration as a registered interpreter upon establishing to the satisfaction of the State Court Administrator that he or she has:

   (1) Reached the age of 19;

   (2) Had no past convictions or pending criminal charges, either felony or misdemeanor, which are deemed by the Supreme Court to evidence moral turpitude, dishonesty, fraud, deceit, or misrepresentation. Dispositions of criminal charges other than by acquittal or dismissal (e.g. pretrial diversion) may also be the basis for denial of certification;

   (3) Completed the orientation approved by the State Court Administrator;

   (4) Achieved a passing score (80 percent or higher) on a written examination administered by the State Court Administrator; and

   (5) Achieved a score of 50 percent or better on the oral certification examination administered or approved by the State Court Administrator as described in § 6-704(E). Registered interpreters in languages for which the oral certification is not available will be retained upon the list of registered interpreters only upon submission to the State Court Administrator some other measure of language competence (e.g., a passing score on an oral proficiency exam) acceptable by the State Court Administrator.

   (C) To maintain registered status, court interpreters must comply with continuing education requirements as outlined in § 6-709. Failure to complete recognized continuing education shall be grounds for removal of the interpreter’s name from the list of Nebraska Registered Court Interpreters.

[Originally numbered as] Rule 5(B) amended September 17, 2003. Renumbered and codified as § 6-706, effective July 18, 2008; § 6-706 amended October 21, 2009; § 6-706 renumbered to § 6-707 March 16, 2011; § 6-707(C) adopted May 16, 2012, effective July 1, 2012.

   (A) Grounds for Imposition of Sanctions. Any of the following may be grounds for imposition of sanctions against a certified or registered interpreter:

   (1) Unprofessional or unethical conduct that violates the Code of Professional Responsibility (see Appendix 1);

   (2) Conviction of a criminal charge, either misdemeanor or felony, which is deemed by the Supreme Court to evidence moral turpitude, dishonesty, fraud, deceit, or misrepresentation. Dispositions of criminal charges other than by acquittal or dismissal (e.g., pretrial diversion) may also constitute grounds for suspension or revocation; and

   (3) Incompetence as an interpreter.

   (B) Investigation and Notification of Grounds for Imposition of Sanctions. Upon receipt by the State Court Administrator of a complaint in writing against a certified or registered interpreter, or upon the initiation by the office of the State Court Administrator itself of a complaint, such complaint shall be investigated, to determine if the complaint warrants formal action. In any case where formal action is deemed necessary, written notice of the complaint shall be sent by certified mail to the interpreter, and that interpreter shall have 15 days to file a written response with the Office of the State Court Administrator. Upon receipt and review of any such written response, the State Court Administrator may take any of the following actions:

   (1) immediately suspend the certification of the interpreter and schedule a hearing;

   (2) dismiss the complaint; or

   (3) schedule a hearing to consider the complaint formally.

   (C) Scheduling of Formal Hearing. If the State Court Administrator elects to schedule a formal hearing, such hearing shall be held within 30 days of the receipt by the State Court Administrator of the written response. A panel of three individuals shall be responsible for the conduct of the formal hearing: one of the judge members of the Interpreter Advisory Committee shall preside over the hearing, together with two interpreters from the Interpreter Advisory Committee to be appointed by the judge presiding over the hearing. If requested, any individual whose attendance is sought at the formal hearing shall be permitted to appear telephonically and/or by video connection. Notice of the time and place of the formal hearing shall be given by certified mail to the interpreter under complaint, at least 15 days prior thereto.

   (D) Conduct of Formal Hearing. The hearing panel shall receive such information and/or documentation as it sees fit, including, if deemed appropriate by the panel, the taking of testimony. At the conclusion of the hearing, the panel may take any such action as it determines appropriate, including the immediate suspension or revocation of the interpreter under complaint, the dismissal of the complaint, or the imposition of any of the other sanctions described in § 6-708(E) below. The rules of evidence do not apply to these hearings.

   (E) Sanctions. If sufficient cause exists, the State Court Administrator may impose one or more of the following sanctions:

   (1) Issue a written reprimand;

   (2) Specify corrective action with which the interpreter must comply in order to remain on the statewide register of interpreters, including the completion of educational courses and/or re-taking one or more parts of the legal interpreting competency examination;

   (3) Suspend the interpreter from serving as an interpreter in the Nebraska courts for a specified period of time, or until corrective action is completed; and

   (4) Revoke the standing of and permanently prohibit the interpreter from serving as an interpreter in Nebraska courts.

   (F) No interpreter who has been suspended or revoked shall be utilized as an interpreter in any judicial proceeding in the State of Nebraska, nor shall such interpreter be entitled to any compensation from the State Court Administrator’s Office, during his or her suspension or revocation.

   (G) Complaints made against a sign language interpreter shall be processed pursuant to the procedure set forth in Rules and Regulations Relating to Sign Language Interpreters adopted by the Nebraska Commission for the Deaf and Hard of Hearing.

§ 6-707 adopted October 21, 2009; § 6-707 renumbered to § 6-708 March 16, 2011.

   Continuing education is required by the Nebraska Supreme Court Administrative Office of the Courts (AOC) to ensure that certified, provisionally certified, and registered interpreters who serve in the Nebraska state courts maintain and improve their interpreting skills and expand their vocabulary. Additionally, continuing education is required to ensure that certified interpreters are in compliance with Local Rules in Chapter 6 (Trial Courts), Article 7 (Interpreters in Court), and the Nebraska Code of Professional Responsibility for Court Interpreters (Appendix 1).

   As of July 1, 2012, these requirements apply to all interpreters who are certified, provisionally certified, or registered court interpreters in the State of Nebraska who wish to interpret in the Nebraska state courts. Meeting these requirements is a condition for continued certification, provisional certification, or registered status of court interpreters.

   (A) CONTINUING EDUCATION REQUIREMENT refers to educational activities in which the interpreter engages after successfully passing the certification examination, being provisionally certified, or having registered status.

   Every certified, provisionally certified, or registered interpreter shall complete and report ten (10) credit hours of approved continuing education offered or accredited by the AOC during each two‑year reporting period. At least four (4) continuing education hours must be earned at an AOC-approved ethics and skills building workshop. The two-year reporting period commences as set forth below at § 6-709(C).

   (B) APPROVED/ACCREDITED CONTINUING EDUCATION shall be earned in participatory activities, i.e., a course, conference, workshop, lecture, or other activity, at which attendance is monitored and verified. Participatory continuing education activities may include courses offered at accredited institutions of higher learning or conferences or workshops sponsored by accredited professional organizations.

   Continuing Education credits may be obtained through programs, conferences, and workshops endorsed and credited for continuing education by the Nebraska or other State or Federal Administrative Offices of the Courts, the Nebraska Association for Translators & Interpreters (NATI), the National Association of Judiciary Interpreters and Translators (NAJIT), the American Translators Association, and the Registry of Interpreters for the Deaf (RID), along with educational programs offered by colleges and/or universities, or training programs offered by other Consortium member states. 

   Continuing education credit granted shall be for the actual number granted by accredited programs, conferences, workshops, or training programs. Auditing an academic college level language course for continuing education credit or taking same for academic credit is permitted with education credits under this rule allocated as follows: one academic quarter unit shall be deemed equivalent to 10 continuing education credits and one academic semester unit shall be deemed equivalent to 15 continuing education credits.

   Interpreters for the deaf and hard of hearing must complete the RID required 8.0 continuing education credits (80 hours) in a cycle (4 years). These eight continuing education credits are divided into two Content Areas: Professional Studies and General Studies. Participants must work with a RID-Approved Sponsor to earn continuing education credits.

   Continuing education credit will be awarded only after completion of the entire activity. Partial attendance does not qualify for continuing education credit. Reasonable absences are allowed for academic courses. The academic institution’s attendance requirements for credit must be met to be eligible for continuing education credit. If an educational activity spans two compliance periods, credit will be earned in the period in which the activity is completed. No continuing education hours may be carried over from one compliance period to the next.

   To receive continuing education credit for a particular educational activity, other than those listed above, the interpreter may request credit by submitting information regarding the activity (e.g., description of curriculum, agenda of conference, etc.) to the AOC, and must receive approval prior to attendance at the activity. This information shall be submitted in advance of the program to ensure approval. Retroactive approval may be sought for good cause.

   Any interpreter who wishes to receive continuing education credit must be able to show proof of having taken the course or attended the conference or workshop (e.g., an official transcript from the university or college, or a receipt and/or certificate of completion from the conference or workshop).

   (C)  COMPLIANCE.  Each certified, provisionally certified, or registered interpreter is required to submit a completed Continuing Education Compliance Form (Appendix 2) to the AOC every two years. The 24‑month time period begins on January 1 following the date an interpreter becomes certified and is awarded the Nebraska State Certified Court Interpreter Certificate. The AOC will make available, by the interpreter’s request or online, the approved compliance form to be submitted.

   (D) NONCOMPLIANCE with the continuing education requirement shall result in the interpreter's name being removed from the list of Nebraska Certified Court Interpreters, Nebraska Provisionally Certified Court Interpreters, or the Nebraska Registered Court Interpreters. Interpreters whose names have been removed from the lists for noncompliance with the continuing education requirement shall not be given interpreting assignments with the courts. Interpreters will not be added back onto the list until the continuing education requirement is met.

§ 6-709 adopted May 16, 2012, effective July 1, 2012.

   Nebraska Jury Instructions, Second Edition (NJI 2d), is designed for use when the instruction correctly states the law and the pleadings and evidence call for such an instruction. Where applicable, a trial judge may utilize an appropriate NJI instruction.

   The trial court may and ordinarily should hold a conference before or during the trial with reference to the preparation of proposed instructions. The trial court may direct counsel for either party to prepare designated instructions. Counsel may object at the conference on instructions to any instruction regardless of who prepared it. At the conference on instructions, each counsel should aid the trial court by stating any specific objection that he or she has on any instruction proposed to be given.

   The rule of practice adopted by this court on November 20, 1968, requiring use of the Nebraska Jury Instructions is hereby rescinded.

   Commencing July 1, 2007, any person employed by the Nebraska courts or any person volunteering with or working with the courts who may have contact with jurors or juries as provided by Neb. Rev. Stat. §§ 25-1116 and 29-2022 shall complete specialized training provided by the Office of Judicial Branch Education. For purposes of this rule, persons having contact with jurors or juries shall include, but not be limited to, bailiffs, court reporters, court clerks, volunteers, and any other court staff.

   All training materials, sessions, and information mandated by this rule shall be compiled and updated by the Office of Judicial Branch Education with approval by the Nebraska Supreme Court for use by the individual courts under the direction of the Office of Judicial Branch Education.

   This rule shall become effective on January 1, 2006, and shall govern the content and use of the Nebraska Juror Qualification Form in all district and county courts of the State of Nebraska.

   The Nebraska Juror Qualification Form, attached as Appendix A to this rule, has been adopted by the Nebraska Supreme Court pursuant to Neb. Rev. Stat. § 25-1629.01. All district and county courts shall use the attached form when the use of a juror qualification form is required by statute unless a request for approval of any amendments to such form has been approved by the Supreme Court. Such requests shall be submitted in writing and on a disk or CD in a Microsoft Word compatible format to the Clerk of the Supreme Court for submission to the Court. Any language to be added to the form shall be underscored and any language to be deleted from the form shall be overstruck.

   The CONFIDENTIAL JUROR INFORMATION section of the Nebraska Juror Qualification Form, Part VII, shall be detachable and shall be removed by the clerks of the district and county courts or jury commissioners and stored in a confidential manner by such clerk or commissioner until the end of the jury term. No one shall be permitted access to these detached sections except as set forth in this rule. The clerk or commissioner shall deliver the detached confidential information to an approved research agent of the Nebraska Supreme Court. The Nebraska Minority and Justice Implementation Committee (NMJIC) and the Nebraska Racial Justice Initiative (NRJI) have been approved by the Nebraska Supreme Court as such research agents. The confidential juror information may also be maintained, stored, and transmitted to the approved research agent by electronic means by any court which possesses such capabilities.

   Nothing in this rule shall prohibit the use of case-specific supplemental juror questionnaires to the extent that the supplemental questions do not duplicate any information requested in the Nebraska Juror Qualification Form.

   (Revisor’s note: The former Nebraska Rules of Pleading in Civil Cases have been renumbered in the revised Nebraska Court Rules as Chapter 6, Article 11, Nebraska Court Rules of Pleading in Civil Cases. Thus, former rule 12 is now Neb. Ct. R. Pldg. § 6-1112, etc., with the last two numbers of the newly renumbered sections corresponding to the former rule number. Subsections and references within this rule to rules by number and subsection may remain unchanged. Thus, a reference in this rule to rule 12(a)(1) should be interpreted and found at  § 6-1112(a)(1), etc.)

   These Rules govern pleading in civil actions filed on or after January 1, 2003. They apply to the extent not inconsistent with statutes governing such matters.

   These Rules shall be construed and administered to secure the just, speedy, and inexpensive determination of every action.

   These Rules govern pleading in a forcible entry and detainer action only to the extent they are consistent with a court’s jurisdiction over such actions and are not in conflict with law governing such actions.

Rule 1 amended May 19, 2004. Renumbered and codified as § 6-1101, effective July 18, 2008.

   (a) Service: When Required. Except as otherwise provided in these rules or by statute, every order required by its terms to be served, every pleading subsequent to the original complaint unless the court otherwise orders because of numerous defendants, every paper relating to discovery required to be served upon a party unless the court otherwise orders, every written motion other than one which may be heard ex parte, and every written notice, appearance, demand, offer of judgment, designation of record on appeal, and similar paper shall be served upon each of the parties. No service need be made on parties in default for failure to appear except that pleadings asserting new or additional claims for relief against them shall be served upon them in the manner provided for service of a summons.

In an action begun by seizure of property, in which no person need be or is named as a defendant, any service required to be made prior to the filing of any answer, claim, or appearance shall be made upon the person having custody or possession of the property at the time of its seizure.

   (b) Same: How made.

   (1) Whenever in any action or proceeding, any order, motion, notice, or other document, except a summons, is required by statute or rule of the Supreme Court to be served upon or given to any party represented by an attorney whose appearance has been noted on the record, such service or notice shall be made upon or given to such attorney, unless service upon the party or some other person is ordered by the court.

   (2) Service upon an attorney or upon a party not represented by an attorney shall be made by:

   (A) delivering the paper to the person to be served;

   (B) mailing it to the person to be served by first-class mail at the address designated pursuant to § 6‑1111(a)(1), or if none is so designated, to the last-known address of the person;

   (C) leaving it at the person's office with the person's clerk or other person in charge thereof; or, if the office is closed or the person to be served has no office, leaving it at the person's dwelling house or usual place of abode with some person of suitable age and discretion then residing therein;

   (D) transmitting it by facsimile to the person, if the person has designated a fax number pursuant to § 6‑1111(a)(2);

   (E) sending it to the person by electronic means if the person being served has designated an email address pursuant to § 6-1111(a)(2) or has registered to use the E-Filing System under § 6-403; or

   (F) delivering it by electronic or other means consented to in writing by the party being served.

   (3) Proof of service may be made by certificate of the attorney causing the service to be made or by certificate of the party not represented by an attorney. A certificate of service shall state the manner in which service was made on each person served.

   (4) Service by mail is complete upon mailing. Service by facsimile or electronic means is complete upon transmission, but it is not effective if the person attempting to make service learns that the attempted service did not reach the person to be served.

   (5) Any requirement that a document or notice in a civil action be written or in writing is satisfied if the document or notice is served by electronic means pursuant to § 6-1105(b)(2).

   (c) Same: Numerous Defendants. In any action in which there are unusually large numbers of defendants, the court, upon motion or of its own initiative, may order that service of the pleadings of the defendants and replies thereto need not be made as between the defendants and that any cross‑claim, counterclaim, or matter constituting an avoidance or affirmative defense contained therein shall be deemed to be denied or avoided by all other parties and that the filing of any such pleading and service thereof upon the plaintiff constitutes due notice of it to the parties. A copy of every such order shall be served upon the parties in such manner and form as the court directs.

   (d) Filing: Certificate of Service. All papers after the complaint required to be served upon a party (except Discovery Material), together with a certificate of service, must be filed in the office of the clerk of the court within a reasonable time after service. Neb. Ct. R. of Disc. § 6-326(g) governs filing of all Discovery Material.

   (e) Filing with the Court Defined. [Reserved]

Rule 5(b) amended June 25, 2008, effective date July 18, 2008. Renumbered and codified as § 6-1105(b), effective July 18, 2008; § 6-1105(b)(2)(E) amended August 31, 2011.

(a) Computation. [Reserved]

   (b) Enlargement. When by these rules or by a notice given thereunder or by order of court an act is required or allowed to be done at or within a specified time, the court for cause shown may at any time in its discretion (1) with or without motion or notice order the period enlarged if request therefor is made before the expiration of the period originally prescribed or as extended by a previous order, or (2) upon motion made after the expiration of the specified period permit the act to be done where the failure to act was the result of excusable neglect. The court may not extend the time for taking any action specified in any statute, except to the extent and under the conditions stated in the statutes.

   (c) [Reserved]

   (d) For Motions‑‑Affidavits. [Reserved]

   (e) Additional Time After Service by Mail, Electronic, or Certain Other Methods. Whenever a party has the right or is required to do some act or take some proceedings within a prescribed period after the service of a notice or other paper upon the party and the notice or paper is served under § 6‑1105(b)(2)(B), (D), (E), or (F), three days shall be added to the prescribed period.

Rule 6(e) amended June 25, 2008, effective July 18, 2008. Renumbered and codified as § 6-1106(e), effective July 18, 2008.

   (a) Pleadings. There shall be a complaint and an answer; a reply to a counterclaim denominated as such, if the answer contains a counterclaim; an answer to a cross‑claim, if the answer contains a cross‑claim; a third‑party complaint, if a person who was not an original party is summoned as a third‑party defendant; and a third‑party answer, if a third party complaint is served. No other pleading shall be allowed, except that the court may order a reply to an answer or a third‑party answer.

   A partial list of the proceedings in which the initial pleading is a "petition" includes a petition in error (see § 25-1903), probate procedure (see § 30‑2209), protection from domestic abuse (see § 42‑924), adoption (see § 43‑102), actions under the juvenile code (see § 43‑245 et seq.), workers’ compensation actions (see § 48-173), Commission of Industrial Relations actions (see § 48‑811), mental health commitments (see § 83‑1001 et seq.), and judicial review of administrative action (see § 84-917). The initial pleading in an action for postconviction relief by a prisoner is a "verified motion" (see § 29-3001).

   A separate rules defines the extent to which an action for grandparent visitation is governed by these rules (see § 43-1803 and the Rules adopted by the Supreme Court pursuant thereto).

   (b) Motions and Other Papers. [Reserved]

   (c) Demurrers, Pleas, Etc., Abolished. [Reserved]

Rule 7(a) amended May 19, 2004. Renumbered and codified as § 6-1107, effective July 18, 2008.

   (a) Claims for Relief. A pleading which sets forth a claim for relief, whether an original claim, counterclaim, cross‑claim, or third‑party claim, shall contain (1) a caption, (2) a short and plain statement of the claim showing that the pleader is entitled to relief, and (3) a demand for judgment for the relief the pleader seeks. Relief in the alternative or of several different types may be demanded. If the recovery of money be demanded, the amount of special damages shall be stated but the amount of general damages shall not be stated; and if interest thereon be claimed, the time from which interest is to be computed shall also be stated.

   (b) Defenses; Form of Denials. A party shall state in short and plain terms the party's defenses to each claim asserted and shall admit or deny the averments upon which the adverse party relies. If a party is without knowledge or information sufficient to form a belief as to the truth of an averment, a party shall so state and this has the effect of a denial. Denials shall fairly meet the substance of the averments denied. When a pleader intends in good faith to deny only a part or a qualification of an averment, the pleader shall specify so much of it as is true and material and shall deny only the remainder. The pleader may make denials as specific denials of designated averments or paragraphs, may generally deny all the averments except such designated averments or paragraphs as are expressly admitted, or may controvert all the averments of the preceding pleading by general denial.

   (c) Affirmative Defenses. In pleading to a preceding pleading, a party shall set forth affirmatively accord and satisfaction, arbitration and award, assumption of risk, contributory negligence, discharge in bankruptcy, duress, estoppel, failure of consideration, fraud, illegality, injury by fellow servant, laches, license, payment, release, res judicata, statute of frauds, statute of limitations, waiver, and any other matter constituting an avoidance or affirmative defense. When a party has mistakenly designated a defense as a counterclaim or a counterclaim as a defense, the court on terms, if justice so requires, shall treat the pleading as if there had been a proper designation.

   (d) Effect of Failure to Deny. Averments in a pleading to which a responsive pleading is required, other than those as to value or the amount of damage, are admitted when not denied in the responsive pleading. Averments in a pleading to which no responsive pleading is required or permitted shall be taken as denied or avoided.

   (e) Pleadings to Be Concise and Direct; Consistency.

   (1) Each averment of a pleading shall be simple, concise, and direct. No technical forms of pleadings or motions are required.

   (2) A party may set forth two or more statements of a claim or defense alternately or hypothetically, either in one count or defense or in separate counts or defenses. When two or more statements are made in the alternative and one of them if made independently would be sufficient, the pleading is not made insufficient by the insufficiency of one or more of the alternative statements. A party may also state as many separate claims or defenses as the party has regardless of consistency and whether based on legal or equitable grounds. All statements shall be subject to the standards set forth in § 25‑824.

   (3) Construction of Pleadings. [Reserved]

   (a) Capacity. It is not necessary to aver the capacity of a party to sue or be sued or the authority of a party to sue or be sued in a representative capacity or the legal existence of an organized association of persons that is made a party, except to the extent required to show the jurisdiction of the court. When a party desires to raise an issue as to the legal existence of any party or the capacity of any party to sue or be sued or the authority of a party to sue or be sued in a representative capacity, the party desiring to raise the issue shall do so by specific negative averment, which shall include such supporting particulars as are peculiarly within the pleader's knowledge.

   (b) Fraud, Mistake, Undue Influence, Condition of the Mind. In all averments of fraud, mistake, or undue influence, the circumstances constituting fraud, mistake, or undue influence shall be stated with particularity. Malice, intent, knowledge, and other condition of mind of a person may be averred generally.

   (c) Conditions Precedent. In pleading the performance or occurrence of conditions precedent, it is sufficient to aver generally that all conditions precedent have been performed or have occurred. A denial of performance or occurrence shall be made specifically and with particularity.

   (d) Official Document or Act. In pleading an official document or official act it is sufficient to aver that the document was issued or the act done in compliance with law.

   (e) Judgment. In pleading a judgment or decision of a domestic or foreign court, judicial or quasi‑judicial tribunal, or of a board or officer, it is sufficient to aver the judgment or decision without setting forth matter showing jurisdiction to render it.

   (f) Time and Place. For the purpose of testing the sufficiency of a pleading, averments of time and place are material and shall be considered like all other averments of material matter.

   (g) Special Damage. When items of special damage are claimed, they shall be specifically stated.

   (h) If, after consultation, the client consents in writing, an attorney may enter a “Limited Appearance” on behalf of an otherwise unrepresented party involved i n a court proceeding, and such appearance shall clearly define the scope of the lawyer’s limited representation. A copy shall be provided to the client and
opposing counsel or opposing party if unrepresented.

   (i) Upon completion of the limited representation, the lawyer shall within 10 days file a “Certificate of Completion of Limited Appearance” with the court. Copies shall be provided to the client and opposing counsel or opposing party if unrepresented. After such filing, the lawyer shall not have any continuing obligation to represent the client. The filing of such certificate shall be deemed to be the lawyer’s withdrawal of appearance which shall not require court approval.

§ 6-1109(h) and (i) adopted September 3, 2008; Comment amended September 3, 2008.

   (a) Caption: Names of Parties. Every pleading shall contain a caption setting forth the name of the court, the title of the action, the file number, and a designation as in § 6-1107(a). In the complaint the title of the action shall include the names of all the parties, but in other pleadings it is sufficient to state the name of the first party on each side with an appropriate indication of other parties.

   (b) Paragraphs; Separate Statements. All averments of claim or defense shall be made in numbered paragraphs, the contents of each of which shall be limited as far as practicable to a statement of a single set of circumstances; and a paragraph may be referred to by number in all succeeding pleadings. Each claim founded upon a separate transaction or occurrence and each defense other than denials shall be stated in a separate count or defense whenever a separation facilitates the clear presentation of the matters set forth.

   (c) Adoption by Reference; Exhibits. Statements in a pleading may be adopted by reference in a different part of the same pleading or in another pleading or in any motion. A copy of any written instrument which is an exhibit to a pleading is a part thereof for all purposes.

   (a)(1) Every pleading, written motion, and other paper shall be signed by at least one attorney of record in the attorney's individual name, or, if the party is not represented by an attorney, shall be signed by the party. Each paper shall state the signer's address and telephone number, if any. Each paper signed by an attorney shall state the attorney’s bar identification number. Except when otherwise specifically provided by statute, pleadings need not be verified or accompanied by an affidavit. An unsigned paper shall be stricken unless omission of the signature is corrected promptly after being called to the attention of the attorney or party.

   (2) The signature block on any paper may designate a fax number to which papers addressed to the signer may be sent by facsimile. The signature block on any paper may designate an e-mail address to which papers addressed to the signer may be sent electronically.

   (3) An electronically filed document which requires an attorney's signature shall be signed in the following manner: "/s/(attorney name)."

   (b) When a lawyer is not an attorney of record, such lawyer may prepare pleadings, briefs, and other documents to be filed with the court so long as such filings clearly indicate thereon that said filings are “Prepared By” along with the name, business address, and bar number of the lawyer preparing the same, and that preparing such filings shall not be deemed an appearance by the lawyer in the case.

   (c)‑(d) [Reserved]

Rule 11(a)(1-3) amended June 25, 2008, effective July 18, 2008. Renumbered and codified as § 6-1111(a)(1-3), effective July 18, 2008; § 6‑1111(b) adopted September 3, 2008.

   (a) When Presented.

   (1) A defendant shall serve an answer within 30 days after being served with the summons and complaint or completion of service by publication.

   (2) A party served with a pleading stating a cross‑claim against that party shall serve an answer thereto within 30 days after being served. A plaintiff shall serve a reply to a counterclaim in the answer within 30 days after being served with the answer, or, if a reply is ordered by the court, within 15 days after service of the order, unless the order otherwise directs.

   (3) [Reserved]

   (4) Unless a different time is fixed by court order, the service of a motion permitted under this rule alters these periods of time as follows:

   (A) if the court denies the motion or postpones its disposition until the trial on the merits, the responsive pleading shall be served within 20 days after notice of the court's action; or

   (B) if the court grants a motion for a more definite statement, the responsive pleading shall be served within 20 days after the service of the more definite statement.

   (b) How Presented. Every defense, in law or fact, to a claim for relief in any pleading, whether a claim, counterclaim, cross‑claim, or third‑party claim, shall be asserted in the responsive pleading thereto if one is required, except that the following defenses may at the option of the pleader be made by motion:

   (1) lack of jurisdiction over the subject matter;

   (2) lack of jurisdiction over the person;

   (3) [reserved]

   (4) insufficiency of process;

   (5) insufficiency of service of process;

   (6) that the pleading fails to state a claim upon which relief can be granted;

   (7) failure to join a necessary party.

   A motion making any of these defense shall be made before pleading if further pleading is permitted. No defense or objection is waived by being joined with one or more other defenses or objections in a responsive pleading or motion.

   If a pleading sets forth a claim for relief to which the adverse party is not required to serve a responsive pleading, the adverse party may assert at the trial any defense in law or fact to that claim for relief.

   If, on a motion asserting the defense numbered (6) to dismiss for failure of the pleading to state a claim upon which relief can be granted, matters outside the pleading are presented to and not excluded by the court, the motion shall be treated as one for summary judgment and disposed of as provided in §§ 25‑1330 to 25‑1336, and all parties shall be given reasonable opportunity to present all material made pertinent to such a motion by statute.

   (c) Motion for Judgment on the Pleadings. After the pleadings are closed but within such time as not to delay the trial, any party may move for judgment on the pleadings. If, on a motion for judgment on the pleadings, matters outside the pleadings are presented to and not excluded by the court, the motion shall be treated as one for summary judgment and disposed of as provided in §§ 25‑1330 to 25‑1336 and all parties shall be given reasonable opportunity to present all material made pertinent to such a motion by statute.

   (d) Preliminary Hearings. The defenses specifically enumerated (1)‑(2) and (4)‑(7) in subdivision (b) of this rule, whether made in a pleading or by motion, and the motion for judgment mentioned in subdivision (c) of this rule shall be heard and determined before trial on application of any party, unless the court orders that the hearing and determination thereof be deferred until the trial.

   (e) Motion for More Definite Statement. If a pleading to which a responsive pleading is permitted is so vague or ambiguous that a party cannot reasonably be required to frame a responsive pleading, the party may move for a more definite statement before interposing a responsive pleading. The motion shall point out the defects complained of and the details desired. If the motion is granted and the order of the court is not obeyed within 10 days or within such time as the court may fix, the court may strike the pleading or make such order as it deems just.

   (f) Motion to Strike. Upon motion by a party before responding to a pleading, or if no responsive pleading is permitted by these rules, upon motion made by a party within 30 days after the service of the pleading upon the party or upon the court's own initiative at any time, the court may order stricken from any pleading any insufficient defense or any redundant, immaterial, impertinent, or scandalous matter.

(g) Consolidation of Defenses in Motion. A party who makes a motion under this rule may join with it any other motions then available to the party. If a party makes a motion under this rule but omits therefrom any defense or objection then available to the party which this rule permits to be raised by motion, the party shall not thereafter make a motion based on the defense or objection so omitted, except a motion as provided in subdivision (h)(2) hereof on any of the grounds there stated.

   (h) Waiver or Preservation of Certain Defenses.

   (1) A defense of lack of jurisdiction over the person, insufficiency of process, or insufficiency of service of process is waived

   (A) if omitted from a motion in the circumstances described in subdivision (g), or

   (B) if it is neither made by motion under this rule nor included in a responsive pleading or an amendment thereof permitted by § 6-1115(a) to be made as a matter of course.

   (2) A defense of failure to state a claim upon which relief can be granted, a defense of failure to join a necessary party, and an objection of failure to state a legal defense to a claim may be made in any pleading permitted or ordered under § 6-1107(a), or by motion for judgment on the pleadings, or at the trial on the merits.

   (3) Whenever it appears by suggestion of the parties or otherwise that the court lacks jurisdiction of the subject matter, the court shall dismiss the action.

   (a) Counterclaims. A pleading may state as a counterclaim any claim which at the time of serving the pleading, the pleader has against an opposing party.

   (b) Failure to Include Counterclaim; Effect in Subsequent Action. A party who does not assert a counterclaim that arises out of the transaction or occurrence that is the subject matter of an opposing party's claim cannot recover costs against that party in any subsequent action thereon.

   (c) Counterclaim Exceeding Opposing Claim. A counterclaim may or may not diminish or defeat the recovery sought by the opposing party. It may claim relief exceeding in amount or different in kind from that sought in the pleading of the opposing party.

   (d) Counterclaim Against the State and Political Subdivisions. These rules shall not be construed to enlarge beyond the limits now fixed by law the right to assert counterclaims or to claim credits against the State of Nebraska, an officer or agency of the State, or a political subdivision of the State.

   (e) Counterclaim Maturing or Acquired After Pleading. A claim which either matured or was acquired by the pleader after filing a pleading may, with the permission of the court, be presented as a counterclaim by supplemental pleading.

   (f) Omitted Counterclaim. When a pleader fails to set up a counterclaim through oversight, inadvertence, or excusable neglect, or when justice requires, the pleader may by leave of court set up the counterclaim by amendment.

   (g) Cross‑Claim Against Co‑Party. A pleading may state as a cross‑claim any claim by one party against a co‑party arising out of the transaction or occurrence that is the subject matter either of the original action or of a counterclaim therein or relating to any property that is the subject matter of the original action. Such cross‑claim may include a claim that the party against whom it is asserted is or may be liable to the cross‑claimant for all or part of a claim asserted in the action against the cross‑claimant.

   (h) Joinder of Additional Parties. [Reserved]

   (i) Separate Trials; Separate Judgments. [Reserved]

   (a) Amendments. A party may amend the party's pleading once as a matter of course before a responsive pleading is served or, if the pleading is one to which no responsive pleading is permitted, the party may amend it within 30 days after it is served. Otherwise a party may amend the party's pleading only by leave of court or by written consent of the adverse party, and leave shall be freely given when justice so requires. A party shall plead in response to an amended pleading within the time remaining for response to the original pleading or within 10 days after service of the amended pleading, whichever period may be longer, unless the court otherwise orders.

   (b) Amendments to Conform to the Evidence. When issues not raised by the pleadings are tried by express or implied consent of the parties, they shall be treated in all respects as if they had been raised in the pleadings. Such amendment of the pleadings as may be necessary to cause them to conform to the evidence and to raise these issues may be made upon motion of any party at any time, even after judgment; but failure so to amend does not affect the result of the trial of these issues. If evidence is objected to at the trial on the ground that it is not within the issues made by the pleadings, the court may allow the pleadings to be amended and shall do so freely when the presentation of the merits of the action will be subserved thereby and the objecting party fails to satisfy the court that the admission of such evidence would prejudice the party in maintaining the party's action or defense upon the merits. The court may grant a continuance to enable the objecting party to meet such evidence.

   (c) Relation Back of Amendments. [Reserved]

   (d) Supplemental Pleadings. Upon motion of a party the court may, upon reasonable notice and upon such terms as are just, permit the party to serve a supplemental pleading setting forth transactions or occurrences or events which have happened since the date of the pleading sought to be supplemented. Permission may be granted even though the original pleading is defective in its statement of a claim for relief or a defense. If the court deems it advisable that the adverse party plead to the supplemental pleading, it shall so order, specifying the time therefor.

   Sections 6-1201 and 6-1202 shall become effective March 1, 2007, and shall govern all problem-solving courts established by and within the Nebraska judicial system. Problem-solving courts shall exist and be established only upon approval of the Nebraska Supreme Court.

   For purposes of §§ 6-1201 and 6-1202, problem-solving courts shall mean programs and services established within the district, county or juvenile courts and shall include, but are not limited to, drug court programs established pursuant to Neb. Rev. Stat. § 24-1302 and programs established for the treatment of problems related to issues such as substance abuse, mental health, and domestic violence.

Adopted January 24, 2007, effective March 1, 2007. Renumbered and codified as § 6-1202, effective July 18, 2008.

   Sections 6-1203 through 6-1209 are promulgated under the authority of article V, § 1, of the Nebraska Constitution and Neb. Rev. Stat. § 24-1302

   The purpose of §§ 6-1203 through 6-1209 is to institute requirements for the establishment and operation of drug courts in Nebraska.

   Sections 6-1203 through 6-1209 shall apply to all Nebraska drug court judges and personnel regardless of funding source.

   For the purpose of §§ 6-1203 through 6-1209, “drug court,” “drug court program,” “drug court treatment program,” or “program” means a postplea or postadjudicatory drug and alcohol intensive supervision treatment program for eligible offenders. The purpose of the program is to reduce offender recidivism by fostering a comprehensive and coordinated court response composed of early intervention, appropriate treatment, intensive supervision, and consistent judicial oversight.

   (A) In order to establish a drug court program, approval must first be granted by the Nebraska Supreme Court pursuant to §§ 6-1201 and 6‑1202.

   (B) Drug courts shall adhere to the 10 Key Components as identified by the National Association of Drug Court Professionals and utilize evidence-based practices as identified by applicable social science research and literature.

   (C) Drug courts shall submit to the Administrative Office of the Courts, in writing for approval by the Nebraska Supreme Court, the following:

   (1) A general program description;

   (2) A description of the target population it intends to serve;

   (3) Program goals and how they will be measured;

   (4) An established eligibility criteria for participation in the drug court which includes a standardized, validated risk instrument as approved by the Administrative Office of the Courts;

   (5) The process or procedure by which an individual gains acceptance to participate in the drug court;

   (6) Drug/alcohol testing protocol;

   (7) A protocol for adhering to appropriate and legal confidentiality requirements and a plan to provide all team members with an orientation regarding the confidentiality requirements of 42 U.S.C. § 290dd-2 and 42 C.F.R. part 2, if applicable;

   (8) The terms and conditions of participation in the drug court, including, but not limited to, treatment, drug testing requirements, phase requirements, graduation/completion requirements, graduated sanctions and rewards, and any applicable program service fees;

   (9) The process or procedure by which a participant’s progress in the drug court is monitored;

   (10) Developed policies and procedures governing its general administration, including those relating to organization, personnel and finance.

   (D) Any changes in the material submitted pursuant to § 6-1207(C) shall be submitted to the Administrative Office of the Courts in a timely manner for approval by the Nebraska Supreme Court.

   (E) Screening and treatment for substance abuse shall adhere to Neb. Ct. R., Ch. 6, Art. 13, Substance Abuse Services adopted by the Nebraska Supreme Court.

   (F) The Court may from time to time modify the requirements set forth in § 6-1207(A) through (E).

   (G) The Court shall reserve the right to allow exemptions to any of the requirements set forth in § 6‑1207(A) through (E). Any request for an exemption shall be made to the Court in writing. Exemptions shall also be terminated at the discretion of the Court.

   (A) All drug courts shall be postplea or postadjudication in nature.

   (B) Following the effective date of these rules, all new drug courts, with the exception of family dependency drug courts, shall utilize probation personnel.

   (C) Before receiving any funding from the Administrative Office of the Courts, drug courts shall have an interlocal agreement or other contract in place. Drug courts directly utilizing probation personnel shall have an interlocal agreement with the Office of Probation Administration outlining the roles, responsibilities, obligations, and the collection of probation fees. Drug courts that are not directly utilizing probation personnel shall have an interlocal agreement or other contract with the Administrative Office of the Courts outlining the roles, responsibilities, and obligations of each.

   (D) Drug courts applying for access to treatment funds managed by the Office of Probation Administration shall enter into an interlocal agreement with the Office of Probation Administration outlining roles, responsibilities, obligations, and the collection of fees. Such drug courts shall adhere to all Office of Probation Administration policies and procedures in regard to the Offender Fee for Service Voucher Program.

   (E) Drug courts shall not deny participation to anyone based on a person’s financial status, gender, age, race, religion, physical or mental disability, or ethnicity.

   (F) Participants must sign an appropriate consent for disclosure upon application for entry into a drug court in accordance with confidentiality requirements of 42 U.S.C. 290dd-2 and 42 C.F.R. part 2.

   (G) Drug courts shall have a core team of professionals responsible for the case management of participants.

   (H) Drug courts shall advise the Administrative Office of the Courts, in writing, of the source(s) of all program funding. Drug courts eligible for available federal funding or other grant-based funding are encouraged to make all reasonable efforts to secure such funding.

   (I) Drug courts in which the collection of state or local fees applies shall not deny entrance nor terminate from the program based on an individual’s inability to pay.

   (J) All drug court participants shall remit all state or local fee payments to the clerk of the court. The clerk of the court shall collect all required state and local fees and shall disperse and report such fees according to law and the policies of the Administrative Office of the Courts.

   (K) The Court shall reserve the right to allow exemptions to any of the requirements set forth in § 6‑1208(A) through (J). Any request for an exemption shall be made to the Court in writing. Exemptions shall also be terminated at the discretion of the Court.

   (A) Drug courts shall collect and record the data necessary to permit the Administrative Office of the Courts to facilitate outcome and process evaluations. At a minimum, the data to be collected and recorded shall include:

   (1) Information regarding participant census, including numbers of:

   (a) active participants

   (b) total participants served since program’s inception

   (c) graduates

   (d) participants terminated

   (2) Participant demographics including, but not limited to:

   (a) age

   (b) race

   (c) ethnicity

   (d) gender

   (3) Participant program compliance, including, but not limited to:

   (a) attendance in treatment

   (b) drug testing

   (c) phase movement

   (d) attendance in other services

   (B) Drug courts shall utilize the statewide case management system as approved by the Administrative Office of the Courts to record its data when such statewide case management system becomes available. Until then, such courts shall, in a timely manner, provide data to the Administrative Office of the Courts as requested.

   (C) Drug courts shall participate fully in any process or outcome evaluation facilitated by the Administrative Office of the Courts.

   (D) Unauthorized disclosure of confidential information regarding participants is prohibited.

   (E) The Court shall reserve the right to allow exemptions to any of the requirements set forth in § 6‑1209(A) through (D). Any request for an exemption shall be made to the Court in writing. Exemptions shall also be terminated at the discretion of the Court.

   Substance abuse evaluations and treatment referrals for adult felony drug offenders ordered by the courts of the State of Nebraska, or by judges presiding over non-probation-based programs or services such as a drug court or other similar specialized programs as defined herein, shall comply with the minimum standards established by the Standardized Model for Delivery of Substance Abuse Services as promulgated by the Nebraska Supreme Court Office of Probation Administration, set forth in Appendix A of this rule, if all or any portion of the cost for such evaluation or treatment referral is reimbursed by funds provided pursuant to Neb. Rev. Stat. § 29-2262.07 or state funds appropriated to the Community Corrections Council for substance abuse treatment which is made available by the Council to Probation Administration. Nothing in this rule shall preclude an offender from obtaining, at his or her own expense, additional substance abuse evaluations or treatment referrals which may or may not comply with the minimum standards referred to herein.

   For purposes of this rule, non-probation-based programs and services shall mean those programs and services defined and authorized by Neb. Rev. Stat. §§ 29-2246(12) and 29-2252(16) which are operating pursuant to an interlocal agreement with state probation. 

   The Supreme Court recommends the use of the Standardized Model for all other offenders in Nebraska courts when substance abuse evaluations and treatment referrals are ordered. 

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I. Policy:

The Standardized Model for Delivery of Substance Abuse Services for juvenile and adult probation clients is used to recognize the connection between substance abuse and crime and address it effectively through treatment.  Reliable data indicates that treatment, even coerced treatment, works.  It is the intent of the Administrative Office of Probation (hereinafter Probation Administration) to provide a meaningful opportunity for offender rehabilitation in an effort to reduce recidivism, promote good citizenship, and enhance public safety.  It is the Chief Probation Officer’s responsibility, as well as that of the Intensive Supervision Probation (hereinafter ISP) Coordinator and the Drug Court Coordinator, to ensure that communication between probation officers and providers be consistent, open, and focused on criminogenic risk and need factors that, when reduced, will improve the offender’s ability to live a productive and crime-free life.

Each probation district officer, under the direction of the Chief Probation Officer; each ISP Officer, under the direction of the ISP Coordinator; and each Drug Court Officer, under the direction of the Drug Court Coordinator, shall maintain an updated Registered Substance Abuse Providers List which shall be provided by and maintained in the office of Probation Administration.

II. Definitions:

For purposes of the Standardized Model for Delivery of Substance Abuse Services, the following definitions shall apply:

Case Manager — Working under the general supervision of the Chief Probation Officer, this is a highly responsible support staff position.  The work involves managing and coordinating activities associated with the supervision of administrative and low-risk probation cases.

Chief Probation Officer — A Probation Administration administrative and supervisory employee appointed by the Probation Administrator pursuant to Neb. Rev. Stat. § 29-2253(3) and (4) who is charged with the management of a probation district or assigned ISP region. 

Drug Court Coordinator — A Probation Administration employee appointed via an interlocal agreement as authorized by Neb. Rev. Stat. § 29-2252(16) and who reports directly to the Chief Probation Officer of the district.

Drug Court Officer — A Probation Administration employee appointed via an interlocal agreement as authorized by Neb. Rev. Stat. § 29-2252(16).  This person is charged with the responsibility of case management for adult and juvenile offenders and reports directly to the Drug Court Coordinator of the district. 

ISP Coordinator — A supervising probation officer employed by Probation Administration who is responsible for the daily operation of the ISP unit within the respective ISP region.  The ISP Coordinator reports directly to the ISP Chief Probation Officer of the region. 

ISP Officer — This position has the same statutory responsibilities and authority as a traditional probation officer and is primarily responsible for the case management of high-risk offenders placed on Intensive Supervision Probation.  The ISP Officer reports directly to the ISP Coordinator.

Probation Officer — This position routinely engages in performing a wide variety of investigatory and supervisory responsibilities involving offenders.  Probation Officers have the authority to arrest and detain offenders as provided by Neb. Rev. Stat. § 29-2266(2) and (3). 

Registered Substance Abuse Provider (Registered Provider) — An individual or agency with a clear understanding of the Standardized Model which (1) agrees to adhere to all elements of this Model; (2) holds a valid license, which includes within its scope of practice the ability to administer substance abuse evaluations and/or treatment; (3) meets the basic educational requirements set forth at Section III. F(2) of this Model; and (4) registers its services with and is approved by Probation Administration.

Registered Substance Abuse Providers List — An up-to-date list of Registered Substance Abuse Providers maintained by Probation Administration.  

III. Procedures:

A. Screening Assessment 
The Simple Screening Instrument (SSI) (Attachment 1) is an assessment tool used to determine the presence of a current substance abuse problem and identify the need for further evaluation. The SSI is effective for adults and juveniles; is highly sensitive and detects all substances; and requires 10 to 15 minutes for completion.

The SSI shall be utilized by probation officers or designated staff to screen offenders for alcohol and other drug abuse (AOD) as a stand-alone assessment or in combination with Probation’s computerized assessment screening. 

   1. The SSI shall be administered face-to-face by a trained probation officer or case manager.
   2. The SSI shall be completed in conjunction with the presentence investigation (PSI) or predisposition investigation (PDI) as part of the body of the investigation.  It shall be incorporated into the “Drugs and Alcohol” section of the investigation. A copy of the SSI shall be attached to the investigation.
   3. If a chemical dependency issue is suspected and no PDI or PSI is ordered, the probation officer/case manager shall administer the SSI and use the results as a screen for further evaluation, referral, or modified order of probation.
   4. The SSI shall be utilized as a tool of case management guiding the probation officer/case manager regarding the need for referral for a substance abuse service.
   5. If the court orders a substance abuse evaluation prior to a Simple Screening Instrument (SSI) (Attachment 1) and Standardized Risk Assessment Reporting Format for Substance Abusing Offenders (SRARF) (Attachment 2) being completed, these instruments shall be administered for data purposes in conjunction with a referral for an evaluation.  In the event the court has already ordered and received a completed substance abuse evaluation, a SSI shall still be completed for case management purposes.
   6. Administration of the SSI:
   Explain purpose to client.

• Ask questions in a straightforward manner.
• Probe, listen, and empathize.
• Pause between questions; allow time to discuss when appropriate.
• Generally, adhere to the exact wording.
• Feedback responses to offender when appropriate.
• Don’t “lead” offender into answers.

   7. Scoring the SSI:

• DO NOT score questions #1 and #15 - too general.
• DO NOT score questions #17 and #18 - gambling.  *
• DO NOT score observational items.
• Persons with AOD problems will usually score 4 or higher -- refer for substance abuse evaluation.
• Score of less than 4 does not rule out an AOD problem; use observations to assist with decision to refer for substance abuse evaluation.

* If either #17 or #18 on the SSI is answered “Yes,” refer for gambling evaluation.

B. Risk Assessment

The Standardized Risk Assessment Reporting Format for Substance Abusing Offenders (SRARF) is used to give treatment providers an indication of the offender’s risk of re-arrest.

The probation officer/case manager will use his or her professional judgment and information gleaned from other Probation risk assessment tools (OSW, Risk/Needs) to complete the SRARF.

   1. The probation officer/case manager shall record on the SRARF the relative level of risk of re-arrest posed by the offender as either low, medium, or high.
   2. Special concerns, comments, or complicating factors important to the provider’s understanding the offender’s current risk shall be documented,  for example, sexual assault on a 3-year-old, 2nd offense DUI but really is the 3rd, family member’s death.

C. Evaluation Referral and Confidentiality

To ensure consistent and accurate diagnoses and recommendations for treatment and to formalize information-sharing between the justice system and substance abuse providers, all referrals for substance abuse evaluations shall be made to a Registered Provider who is chosen by the offender from the Registered Substance Abuse Providers List.

   1. When referring an offender for a substance abuse evaluation, a Referral for Substance Abuse Evaluation Form (Attachment 3) shall be completed and signed by the offender.  This affords a preliminary release to the Registered Provider concerning the need for collateral information from the Probation office. A copy of this form shall be retained in the offender’s probation file.
   2. The probation officer shall provide upon request of the offender’s agency of choice (Registered Substance Abuse Providers List) collateral information concerning the results of the SSI, the SRARF, the prior offense record, and BAC (Blood Alcohol Content) if applicable.  
   3. After a Registered Provider has been selected by the offender, probation officers shall ensure a release of information has been signed and remains on file during the period an offender is under presentence investigation, is on probation, is involved in non-probation-based services/programs and being supervised by a probation officer, or remains in treatment.

D. Evaluations

Only substance abuse evaluations in compliance with the Standardized Model shall be received by the Probation office.  Pursuant to the Standardized Model, each substance abuse evaluation received shall be completed and signed by a Registered Provider, who, within his or her scope of practice, is permitted to conduct substance abuse evaluations and has agreed to adhere to all elements of Nebraska’s Standardized Model.  All Registered Providers shall use the Nebraska Standardized Reporting Format for Substance Abuse Evaluations for all Justice Referrals (Attachment 4).

   1. Substance abuse evaluations not adhering to this format shall be reported to your direct supervisor, Chief Probation Officer, ISP Coordinator, or Drug Court Coordinator to determine whether referral to Probation Administration is necessary.
   2. A Registered Substance Abuse Providers List shall be provided by and maintained in the office of  Probation Administration. It is the responsibility of the district to obtain and maintain up-to-date copies.  Chief Probation Officers, ISP Coordinators, and Drug Court Coordinators are expected to provide input to Probation Administration concerning the addition and/or deletion of local providers to the Registered Substance Abuse Providers List.
   3. As determined by Probation Administration, certain offenders may be eligible for payment of their evaluations via the Fee for Service Voucher Program as long as the referring probation officer receives supervisory approval and a Registered Provider is utilized for this service.

E. Treatment

To ensure that programs serving substance abusing offenders are meeting minimum standardized levels of care, probation officers/case managers shall refer such offenders to Registered Providers who have agreed to adhere to these levels of care.  It is critical that levels of care are consistent with and linked to criminogenic risk and need factors.

   1. Probation officers/case managers shall refer offenders for substance abuse services pursuant to either the Substance Abuse Services for Adult Criminal Justice Clients Continuum of Care (see Attachment 5) or the Substance Abuse Services for Juvenile Justice Clients Continuum of Care (Attachment 6).
   2. When referring an offender for substance abuse treatment, a Referral for Substance Abuse Evaluation Form shall be completed by the probation officer and signed by the offender.  This affords a preliminary release (if necessary) for the Registered Provider to obtain collateral information from the Probation office.  A copy of the form shall be retained in the offender’s probation file.
   3. The probation officer shall provide upon request of the offender’s agency of choice (Registered Substance Abuse Providers List) collateral information concerning the results of the SSI, the SRARF, the prior offense record and BAC (Blood Alcohol Content) if applicable.  
   4. After a Registered Provider has been selected by the offender, probation officers shall ensure a release of information has been signed and remains on file during the period of time an offender is under a presentence investigation or under supervision.
   5. A Registered Substance Abuse Providers List shall be provided by Probation Administration. It is the responsibility of the district/region to obtain and maintain up-to-date copies.  Chief Probation Officers are expected to provide input to Probation Administration concerning the addition and/or deletion of local providers to the Registered Provider list.
   6. As determined by Probation Administration, certain offenders may be eligible for payment of their treatment via the Fee for Service Voucher Program as long as the referring probation officer receives supervisory approval and a Registered Provider is utilized for this service.

F. Registered Providers

Probation shall consider for registration only those individuals or agencies who have a clear understanding of the connection between substance abuse and criminal offending and meet the following criteria:

   1. Registered Providers must hold a valid license that includes in its scope of practice the ability to administer substance abuse evaluations and/or treatment.
   2. Registered Providers must have completed an approved basic education course regarding criminogenic factors contributing to an offender’s law violating behavior and participate in 12 continuing education hours every 2 years following.  A curriculum list and further information regarding the basic education course requirements shall be available through Probation Administration and the Judicial Branch Web site.
   3. Registered Providers must have an understanding of the model process and agree to the requirements of the Standardized Model for Substance Abuse Services for probation clients to include:

• The Simple Screening Instrument (SSI)
• The Standardized Risk Assessment Reporting Format for Substance Abusing Offenders (SRARF)
• The Nebraska Standardized Reporting Format for Substance Abuse Evaluations for all Justice Referrals
•  Substance Abuse Services for Adult Criminal Justice Clients Continuum of Care
• Use The Addiction Severity Index (ASI) for adult offenders or the Comprehensive Adolescent Severity Inventory (CASI) for juvenile offenders to assist in appropriate data collection and objective placement level of treatment recommendations
• Use a validated assessment tool developed and approved for assisting in the diagnosis of addiction
• Use the Nebraska Standardized Reporting Format for Substance Abuse Evaluation
• Register their services prior to delivery in a database and provide data from those services in accordance with all confidentiality requirements
• Provide services in accordance with defined levels of care and minimum standards

   4. Registered Providers may be entitled to a direct payment for delivery of a substance abuse service depending on the eligibility of the offender referred for service.  The criteria for offender eligibility are determined by Probation Administration and payment for services is coordinated through the Fee for Service Voucher Program.
   5.   Providers may register their services, at no cost, with Probation Administration’s office.  Application forms and a complete listing of Registered Providers will be posted on the Judicial Branch Web site. 
   6.   Investigation of Complaints and Imposition of Sanctions
   a. Grounds for Imposition of Sanctions. Any of the following may be grounds for imposition of sanctions or removal as a registered provider:

   i. Unprofessional or unethical conduct that violates the code of ethics for behavioral health treatment providers;
   ii. Conviction of a criminal charge, either misdemeanor or felony, which is deemed by the Nebraska Supreme Court to evidence moral turpitude, dishonesty, fraud, deceit, or misrepresentation. Dispositions of criminal charges other than by acquittal or dismissal (e.g., pretrial diversion) may also constitute grounds for removal; 
   iii. Failure to maintain licensure in good standing within the behavioral health scope of practice. A licensing investigation may be grounds for temporary removal until such investigation and disposition has concluded; and
   iv. Failure to comply with the Standardized Model or incompetence as a provider.

   b. Investigation and Notification of Grounds for Removal. Complaints against a registered provider shall be investigated to determine if the complaint warrants formal action. Investigation shall commence when the Deputy Probation Administrator receives a written complaint against a registered provider from the Department of Health and Human Services Division of Public Health, or upon the initiation by the Office of Probation Administration-Program and Services Division itself. In any case where formal action is deemed necessary, written notice of the complaint shall be delivered by certified mail to the provider. The provider shall have 15 days to file a written response with the Office of Probation Administration-Program and Services Division. Upon receipt and review of any such written response, the Deputy Probation Administrator may take any of the following actions: (1) immediately remove the registered provider and schedule a hearing, (2) dismiss the complaint, or (3) schedule a hearing to consider the complaint formally.
   c. Scheduling of Formal Hearing. If the Deputy Probation Administrator elects to schedule a formal hearing, such hearing shall be held within 30 days of the receipt by the Deputy Probation Administrator of the written response. A panel of three individuals shall be responsible for the conduct of the formal hearing, to include: (1) one member of the Fee for Service Voucher Committee; (2) the Probation Administrator, who shall preside over the hearing; and (3) one provider who serves as a Registered Provider, to be appointed by the Probation Administrator. If requested, any individual whose attendance is sought at the formal hearing shall be permitted to appear telephonically and/or through video connection. Notice of the time and place of the formal hearing shall be given by certified mail to the provider under investigation of a complaint, at least 15 days prior thereto.
   d. Conduct of Formal Hearing. The hearing panel shall receive such information and/or documentation as it sees fit, including if deemed appropriate by the panel, the taking of testimony. At the conclusion of the hearing, the panel may take any such action as it determines appropriate, including the immediate removal of the provider under investigation of a complaint, the dismissal of the complaint, or the imposition of any of the other sanctions listed under Section E. The rules of evidence do not apply to these hearings.
   e. Sanctions. If sufficient cause exists, the Deputy Probation Administrator, in consultation with the panel, may impose one or more of the following sanctions:

   i. Issue a written reprimand;
   ii. Specify corrective action with which the provider must comply in order to remain on the statewide register of providers, including the completion of educational courses;
   iii. Suspend the provider from serving as a provider in the Nebraska courts for a specified period of time, or until corrective action is completed; or
   iv. Remove and permanently prohibit the provider from serving as a Registered Provider for the Delivery of Substance Abuse Services in Nebraska courts.

   f. Consequences of Sanctions.  No provider who has been suspended or removed shall be utilized for services by the Nebraska Probation and Judicial System, nor shall such provider be entitled to any compensation from the Office of Probation Administration, during his or her suspension or removal.

G. Special Considerations

When a probation officer/case manager receives and finds an evaluation or recommendation to be inconsistent or lacking information (criminal history, prior evaluation or treatment, drug testing self-report, other collateral, etc.) and/or fails to address other criminogenic risk factors, he or she shall: 

   1. Call the Registered Provider to discuss missing or conflicting information.
   2. Inquire of the Registered Provider whether the new or missing information changes the evaluation/recommendation.
   3. Bring any unresolved discrepancies to the court’s attention with a recommendation for a subsequent evaluation.

H. Data Collection

Data collected through the SSI and SRARF provides an understanding of Nebraska’s substance abusing population. Probation staff will enter SSI and SRARF data into the Nebraska Criminal Justice Information System (NCJIS) and the Nebraska Probation Management Information System (NPMIS). NCJIS and NPMIS are currently not integrated data systems, and therefore, data entry is necessary in both systems.

   1. Probation officers/case managers or designated staff shall enter online SSI and SRARF data directly into NCJIS.
   2. Probation officers/case managers or designated staff shall capture SSI scores and SRARF risk levels and submit to a support staff person designated by the Chief Probation Officer, ISP Coordinator, or Drug Court Coordinator for data collection or entered directly by a probation officer into NPMIS.
   3. Upon the completion of a substance abuse evaluation, the following information shall be entered into NPMIS (under the “Model” tab) by probation officers/case managers or designated staff:

• the date completed
• ideal level of care
• available level of care

I. Training

Through the Administrative Office of Courts/Probation, training for probation officers/case managers is required concerning basic and continuing education pertaining to substance abuse, the Standardized Model, and instruments utilized, in order to properly assess and supervise offenders under Probation’s authority.  All probation officers/case managers shall:

• Understand the policies and procedures associated with the Standardized Model.
• Be trained on the principles of criminogenic risk and need factors (to include but not limited to criminal thinking and motivational interviewing).
• Be trained on the nature of substance abuse addiction in adults and juveniles during the first year of employment (35 hours required).  Subsequent yearly training (8 hours) to include, but not limited to, relapse prevention, strength-based treatment principles, and American Society for Addiction Medicine (ASAM ) criteria.
• Understand the operation of the Nebraska Substance Abuse Service Delivery System.
• Be trained on the Standardized Model, the process and tools utilized, to include:
  • Administration of the Simple Screening Instrument (SSI)
  • Administration of the Standardized Risk Assessment Reporting Format for Substance Abusing Offenders  (SRARF)
  • Nebraska Standardized Reporting Format for Substance Abuse Evaluations for all Justice Referrals
  • Understanding the Addiction Severity Index (ASI) and Comprehensive Adolescent Severity Inventory (CASI)
  • Standardized Levels of Care Continuum for Substance Abuse Services for Juvenile and Adult Criminal Justice Clients
• Understand the incorporation of the Standardized Model into the presentence investigation and case management.   
• Understand the proper use of NCJIS and NPMIS concerning data collection associated with the Standardized Model.

Attachments:

Attachment 1 — Simple Screening Instrument (SSI)
Attachment 2 — Standardized Risk Assessment Reporting Format for Substance Abusing Offenders (SRARF) 
Attachment 3 — Referral for Substance Abuse Evaluation Form - General Letter to Providers
Attachment 4 — Nebraska Standardized Reporting Format for Substance Abuse Evaluations for all Justice Referrals
Attachment 5 — Substance Abuse Services for Adult Criminal Justice Clients Continuum of Care
Attachment 6 — Substance Abuse Services for Juvenile Justice Clients Continuum of Care

Ch. 6, Art. 13, Appendix A amended September 30, 2009.

   All statements and communications by counsel will be clearly and audibly made from the counsel table. While court is in session, counsel shall not leave their places at the counsel table for a conference at the bench unless permitted by the judge to do so. Counsel shall address witnesses, other counsel, and prospective jurors by their surnames. Counsel shall not comment on answers given by witnesses. Arguments by counsel shall be addressed to the court and not to each other. Counsel shall orally identify themselves on the record in open court.

Rule 1 amended September 1991. Renumbered and codified as § 6-1401, effective July 18, 2008.

   All parties and their attorneys shall be present in the courtroom and prepared to proceed at the hour set for hearing by the court. Unjustified failure to appear shall subject the case to dismissal or disciplinary action to the attorneys concerned. Attorneys shall be attired in ordinary business wear.

§ 6-1402 amended June 9, 2010.

   All persons entering the courtroom while court is in session shall be seated immediately and shall conduct themselves in a quiet and orderly manner. No person shall smoke, eat, drink beverages, or engage in other distracting conduct in the courtroom while court is in session.

   No person shall possess any firearm or other dangerous weapon in the courtroom or in any public area adjacent to it without the permission of the court.

   Upon order of the court, any person may be subjected to a search of his or her person and possessions for any weapons, destructive device, or components thereof.

§ 6-1403 amended June 9, 2010.

   All stipulations and private agreements or understandings of counsel or of parties to a suit, unless made in open court during the trial, must be reduced to writing and signed by the parties or counsel for the parties making the same.

   (A) All proceedings in county court shall be recorded, and such proceedings shall be preserved as set forth in the County Court Records Retention Schedule. Requests for a transcription of such recording shall be made and paid for as in § 6-1452.

   (B) Except for “restricted hearings,” as defined herein, in cases where the county court proceedings have been digitally recorded by the court, any person may request a copy of the audio record of a court proceeding. The request shall be made on a form approved by the State Court Administrator as set out at Appendix 9 and shall contain:

   (1) The case number, case name, date, time and location, and judge of the hearing for which the copy of the recording is sought;

   (2) That portion of the hearing requested;

   (3) Acknowledgment that the recording is not the official court record; and

   (4) Requesting party’s agreement that it will comply with all laws regarding privacy of information; and agreement not to publish or disseminate any content that may be protected, including, but not limited to, the information described in §§ 6-1521, 6-1464, and 6-1701.

   (C) A request to limit public access to information in a court recording may be made by any party to a case, an individual identified in the court record, or on the court’s own motion. For good cause, the court may limit the manner or extent of public access. In limiting the manner or extent of access, the court will use the least restrictive means that achieves the purposes of these access rules and the needs of the requestor.

   (D) “Restricted hearings” shall mean any court proceeding that is closed to the public for any reason or any proceeding subject to an order pursuant to § 6-1405(C). Parties, counsel of record, and individuals present and participating in “restricted hearings” may request a copy of the audio record of such restricted hearings. The requesting party shall be required to give notice of the request to all interested parties and advise them of their right to file, with the court within 10 days, an objection to the requested copy. If an objection is filed, the court shall set a hearing giving the objector an opportunity to show cause why the copy should not be provided, or why it should be redacted in some manner.

   (E) Before providing an electronic copy, court staff shall review the court file of the proceeding subject to the request to determine if any access limitation under § 6-1405(C) has been ordered or is pending. Court staff shall also notify the judge presiding at the hearing which is the subject of the request(s), or the presiding judge of the jurisdiction, of the request for an electronic copy.

   (F) The cost of the copy shall be paid prior to preparation of the copy. The cost shall be $10 for the first hearing copied ($5 for materials to the county and $5 for court staff time spent on the recording). There shall be a $5 charge for each additional hearing copied onto the same compact disc (CD) and a charge of $5 for each additional CD required.

Rule 5 amended November 10, 2004. Renumbered and codified as § 6-1405, effective July 18, 2008; § 6-1405 amended June 8, 2011; § 6-1405(A) - (F) amended November 23, 2011.

   Upon timely application and good cause shown, counsel shall be permitted to withdraw from a matter in which there has been filed with the application an affidavit which recites that counsel has served a copy of the application upon the client and all parties and which further recites the client's current address.

Rule 6 amended November 1991. Renumbered and codified as § 6-1406, effective July 18, 2008.

   Before the claim of any attorney appointed by the court is allowed in criminal and juvenile matters, such attorney shall make a written application for fees, positively verified, stating time and expenses in the case. Counsel shall also state in the application that counsel has not received and has no contract for the payment of any compensation by such defendant or anyone in the defendant’s behalf, or, if counsel has received any fee or has a contract for the payment of same, shall disclose the same fully so that the proper credit may be taken on counsel’s application. The application shall be filed with the clerk. If a hearing is required, the time and date of hearing shall be set by court order.

   (A) All pleadings presented for filing with the county court shall comply with the rules as required for filing any matters with the Nebraska Supreme Court as to size, weight, color, and form.

   (B) Attorneys: Active status verification. The court’s automated case management system may notify a court clerk that a filing has been received from an attorney who does not have an active license to practice law in Nebraska. Upon receipt of this notice, the clerk shall attempt to verify the attorney’s status as active. If the clerk cannot do so, the clerk shall notify the judge assigned to the case. If no judge has been assigned to the case, the clerk shall notify the presiding judge. See Neb. Rev. Stat. § 7-101.

§ 6-1408 amended May 8, 2013.

   A pleading offered for filing shall plainly show the caption of the case, the description and designation of its contents, and in whose behalf the same is filed. All pleadings subsequent to the pleading initiating the proceeding shall also show the case number.

   Except where the action is filed electronically, upon the initial filing of a civil action, there shall be presented to the clerk clear and legible duplicate copies of each pleading, together with all exhibits, in sufficient number to provide one copy for each adverse party. After the filing of the initial pleading, copies of all other pleadings shall be served upon or mailed to all opposing parties or their counsel, and the pleading shall contain the certificate of counsel stating the date and manner thereof, the address to which said service was mailed or delivery was made, and that said service was made upon all attorneys of record and any party appearing pro se.

   For electronically filed cases, the court shall provide copies, or shall return the summons to the filing party electronically for attachment of copies for service.

Rule 10 amended September 1991. Renumbered and codified as § 6-1410, effective July 18, 2008; § 6-1410 amended June 8, 2011.

   The name, address, Nebraska attorney identification number, and telephone number of the attorney handling the matter shall be typed on each pleading except for original charging documents in traffic, criminal, and juvenile matters.

Rule 11 adopted November 1990. Renumbered and codified as § 6-1411, effective July 18, 2008.

   Amendments to pleadings may be allowed within the discretion of the court. In no instance shall an amendment to a pleading be made by interlineation or otherwise except by leave of the court. A party who has obtained leave to amend a pleading but fails to do so within the time limit shall be considered as electing to abide by the former pleading.

   In all cases where books, files, 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, it shall be the duty of the party offering the same to furnish copies to the court reporter or judge and to opposing counsel. All exhibits marked at a pretrial conference for later admission shall be retained by the counsel intending to offer them and counsel shall be responsible for their production at the time of trial.

§ 6-1413 amended June 8, 2011.

   Except for criminal cases, juvenile cases, and proceedings in habeas corpus cases wherein a poverty affidavit is filed and approved by the court, costs shall be payable when actions are commenced and thereafter when liability for additional costs accrues. Counsel are responsible to the clerks for costs incurred at their request.

   To insure a complete record and for the protection of all concerned, the personal right of a preliminary hearing may be waived by the defendant on the record only in the presence of a judge and the defendant’s attorney, if any.

   When any person shall be taken into custody and charged with any misdemeanor, the sheriff or the jailer may admit such person to bail in an amount not in excess of that prescribed by the bond schedule furnished by the judges of that court, conditioned for his or her appearance in this court to answer the offense charged. In unusual cases, the sheriff or jailer may consult a judge of this court about the bond; a judge’s verbal order setting such person’s bond shall supersede the bond schedule.

   For purposes of these rules, the word “motion” shall include Neb. Ct. R. Pldg. § 6-1112(b) motions and all requests for an order of the court and the word “serve” shall mean service in accordance with Neb. Ct. R. Pldg. §§ 6-1105(b) and 6-1106(e). Motions shall be served not less than 10 days prior to date of hearing.

§ 6-1417 amended May 20, 2010.

   If oral argument is waived or the moving party fails to appear when the motion is set for argument, the motion shall be considered submitted. Failure to appear or serve a memorandum brief will not be considered as a confession of the motion.

   JUSTICE will prepare daily and the clerk review a list of all pending civil and criminal cases in which no action has been taken for at least 6 months prior thereto. The court shall examine the list and, in those cases in which it is deemed proper, shall enter an order to show cause why such cases should not be dismissed for want of prosecution. A written response to the order to show cause must be filed in the action and a copy of the same provided to other counsel and the judges of the courts within 30 days, or said action shall be dismissed.

§ 6-1419 amended June 8, 2011.

   Interrogatories shall be in the format prescribed by Neb. Ct. R. Disc. § 6-333.

   The rules of the district court in the same county shall govern the procedure for pretrial conferences.

   All complaints filed in the county court in criminal matters shall have noted thereon the citation of the statute under which said complaint is brought together with the citation of the section prescribing the penalty and class of offense.

   In misdemeanor cases, demands for a jury trial must be made within 10 days following entry of a not guilty plea.

   The rules of the district court in the same county shall govern the procedure for instructions to the jury.

   The rules of the district court in the same county shall govern the procedure for arguments to the jury.

   The rules of the district court in the same county shall govern the procedure for identification of exhibits.

   The rules of the district court in the same county shall govern the procedure for exhibits.

   After a judgment in a civil or probate case has become final, the exhibit(s) shall be claimed by the party to whom they belong. Any exhibit(s) not claimed and withdrawn within 60 days after judgment has become final may be destroyed or otherwise disposed of by the custodian after attorneys of record and parties appearing pro se in the case have been given written notice by the clerk. Said notice shall be by ordinary mail, postage prepaid, to the last known address as reflected in the particular file. The written notice shall provide the recipient a period of 30 days after the date of said written notice within which to claim the exhibit(s) pertaining to said file.

Rule 28 amended September 1991. Renumbered and codified as § 6-1428, effective July 18, 2008.

   Upon the final disposition of a case and after the time for making an appeal has expired, the trial judge may, upon application for motion of the parties or upon the court’s own motion, direct the reporter or the clerk having custody thereof to return to the offering party any exhibits and to make a receipt therefore to be filed as a pleading in the case.

   A receipt specifying the exhibits withdrawn shall be filed in the case by the party withdrawing them. Exhibits destroyed or otherwise disposed of will be accounted for by a statement prepared and filed by the custodian showing the date such action was taken and the date notice of intention to do so was given to the attorneys of record.

   Unless upon good cause shown the court in its discretion has ruled otherwise, the prosecuting attorney shall be present at all arraignments in all cases, all bond settings in felony cases, and all first hearings in juvenile cases. No trial of any such case will be conducted without the prosecuting entity being represented by a prosecutor. The court will not act as a prosecutor, nor will any law enforcement representative or any other nonattorney be permitted to act as a prosecutor. In all cases, the prosecuting attorney shall obtain the defendant's criminal history and provide the same to the court and the defendant prior to the setting of any bond or the imposing of any sentence.

Rule 31 amended April 1998. Renumbered and codified as § 6-1431, effective July 18, 2008.

   In cases where the defendant fails to answer, demur, or otherwise plead, the plaintiff may, after the day on which said action shall be set for answer, take default judgment upon a verified petition, affidavits, or sworn testimony establishing a claim. No judgment will be entered on a negotiable instrument unless the original is surrendered for cancellation to the court.

Rule 32 amended September 1987. Renumbered and codified as § 6-1432, effective July 18, 2008.

   (A) In all probate matters, it shall be the duty of the petitioner or applicant for probate of a will or appointment of a personal representative, guardian, or conservator to show in the petition or the application the names, relationship to the subject of the petition or application, and last known post office address of all interested persons. If any interested person is known by the petitioner, applicant, or the attorney for either to be incompetent or a minor, such fact shall be disclosed to the court.

   (B) It shall be the duty of a guardian or conservator to:

   (1) notify the court of the change of address of the ward or protected person within 3 days of the change;

   (2) notify the court of the ward or protected person’s death within 3 days;

   (3) send a notice of right to object form with all inventories, notices of newly discovered assets, annual accountings, and condition of ward reports that are sent to interested parties;

   (4) send a notice of interested party form to all interested parties at the time of mailing the initial inventory; and

   (5) send all annual accountings, all inventories, all notices of newly discovered assets, and all condition of ward reports filed with the court to all interested parties.

   (C) All courts shall:

   (1) hand out the Quick Reference Guide with sample forms attached to guardians and conservators when Letters are delivered;

   (2) ensure that all interested parties are on the affidavit of mailing for inventories, annual accounting, condition of ward reports, and motions that are filed with the court. If all interested parties are not on the affidavit of mailing, the court shall issue a Notice of Need for Corrective Action(s) form and send it to the person who filed the document(s) to correct the affidavit of mailing and send the document to all interested parties; and

   (3) send out reminders to guardians and conservators indicating annual filing deadlines 45 days prior to the annual filing due date.

§ 6-1433 amended August 31, 2011, effective January 1, 2012.

   In matters of decedents’ estates, if the surviving spouse is not the parent of all the children of the deceased, such fact shall be stated in the petition or application filed at the commencement of the proceeding.

   If the person nominated as personal representative, guardian, or conservator is indebted to the estate or is a creditor of the estate, it shall be his or her duty and the duty of his or her attorney to so inform the court in writing before the appointment is made.

   Probate matters shall be presented to the judge for action at the time fixed by the order for hearing. In all cases where the matter is not heard at the time fixed by the original order or by an order of continuance, and it is desired to have the matter continued to a specific time rather than from day to day as a matter of law pursuant to statute, a written order of continuance shall be prepared by the attorney, presented to the court, and filed at the time the continuance is obtained.

   (A) Personal Representatives; Individual Claims. No personal representative who has individual claims of his or her own which arose against the decedent prior to the death of the decedent shall pay the claims in excess of an aggregate amount of $250 without first specifically informing the court of his or her adverse interest and obtaining the approval of the court.

   (B) Guardian or Conservator; Individual Claims. No guardian or conservator who has individual claims of his or her own (other than compensation governed by § 6-1443) against the estate of the ward or protected person shall pay the claims which aggregate in excess of $250 without first specifically informing the court of his or her adverse interest and obtaining the approval of the court.

   (C) Form of Order. Any order entered pursuant to this section shall provide that any person aggrieved by payment of the claim may petition the court for a formal review of the claim.

Rule 37 amended September 1987. Renumbered and codified as § 6-1437, effective July 18, 2008.

   In all probate matters where an interlocutory or final report is filed, or an account of administration to distributees is made in closing an estate by a sworn statement, or a schedule of distribution is filed with the court and any such document reports payment of any fee paid or to be paid to a personal representative, guardian, conservator, or attorney, the document must specify whether the fee was by agreement of the parties or was fixed by the court.

   (A) Where the amount of a personal representative's, guardian's, or conservator's bond has been fixed on the basis of known or anticipated assets only, and there is a subsequent material increase in the value of the assets or an increase is anticipated, the judge shall be promptly informed of such fact and an adequate bond to cover the increased responsibility of the personal representative, guardian, or conservator shall be furnished and filed if required by the judge.

   (B) All initial inventories shall be reviewed by the judge prior to Letters being issued to determine if a bond needs to be set or if the previously set bond is adequate. If the judge finds the bond should be changed, the matter shall be set for hearing unless the hearing on the bond is waived by all interested parties present at the time the guardian or conservator is appointed.

   (C) Every updated inventory filed with an accounting and every notice of newly discovered asset form filed with the court shall be reviewed by a clerk magistrate, probate supervisor, court staff, or guardian ad litem, if one is appointed, or by an independent third party approved by the State Court Administrator’s Office, if available, to determine whether the bond previously set is adequate pursuant to Neb. Rev. Stat. § 30-2640 and § 6-1441. If there is a concern that the bond previously set is not adequate, the matter shall be set for hearing before the court with notice to all interested parties.

Rule 39 amended June 1988. Renumbered and codified as § 6-1439, effective July 18, 2008; § 6-1439 amended August 31, 2011, effective January 1, 2012.

   Where a personal bond is tendered by fiduciary, it shall be accompanied by a justification of surety, which shall include the description (exact, if possible) of the property of the surety, the names of joint owners if any, its value above encumbrances and exemptions, and whether a homestead or not, and if signed by a married woman, the bond must include a “married woman” clause. Whenever any individual is offered as surety on any bond, the court may in its discretion require that the surety make justification in compliance with Neb. Rev. Stat. § 25‑2223.

   In all guardianship/conservatorship cases, the court shall order that an approved corporate surety bond be filed in estates with a net value of more than $10,000. The bond shall be in an amount of the aggregate capital value of the personal property of the estate in the guardian/conservator’s control plus 1 year’s estimated income from all sources minus the value of securities and other assets deposited under arrangements requiring an order of the court for their removal. The court, in lieu of sureties on a bond, may accept other security for the performance of the bond, including a pledge of securities or a mortgage of land owned by the conservator/guardian. This bond shall be reviewed by the court periodically and adjusted to reflect any increase as set out in § 6-1439.

   The court may eliminate the requirement of bond or decrease or increase the required amount of any such bond previously furnished for good cause shown.

   The court shall not require a bond if the protected person executed a written, valid power of attorney that specifically nominates a guardian or conservator and specifically does not require a bond.

   The court shall consider as one of the factors of good cause, when determining whether a bond should be required and the amount thereof, the protected person’s choice of any attorney in fact or alternative attorney in fact.

   No bond shall be required of any financial institution, as that term is defined in Neb. Rev. Stat. § 8-101(12), or any officer, director, employee, or agent of the financial institution serving as a conservator, or any trust company serving as a conservator.

Rule 41 amended May 1990. Renumbered and codified as § 6-1441, effective July 18, 2008; § 6-1441 amended August 31, 2011, effective January 1, 2012.

   (A) Within 30 days after appointment, every guardian or conservator, except a guardian appointed by a juvenile court pursuant to the Nebraska Juvenile Code, shall prepare and file with the court a complete inventory of the estate of the protected person pursuant to Neb. Rev. Stat. § 30‑2647, together with his or her oath or affirmation that it is complete and accurate as far as he or she is informed. The inventory shall be sent to all interested parties with a notice to object form, notice of interested party form, and affidavit of mailing showing copies were sent to all interested parties by first-class mail. If an inventory is not filed within 30 days after the date it is due, the court shall issue an order to show cause why the conservator should not be removed and shall set the same for hearing.

   (B) Unless otherwise ordered by the court, every conservator or guardian that has control of the ward's estate shall, not later than 30 days after the expiration of 1 year after Letters are issued and annually thereafter, file with the court a complete accounting of his or her administration with a certificate of proof of possession form, along with the required fee and an affidavit of mailing showing that copies and a notice to object form were sent to all interested parties, including the bonding company by first-class mail postage prepaid. The accounting shall include an updated inventory. Bank statements and brokerage reports or statements shall be submitted with all accountings.

   (C) All guardians who do not have control of the ward’s estate shall file an updated inventory every year based on reasonably available information.

   (D) A conservator who has restricted accounts shall file with the court a proof of restricted account form within 10 days of being appointed.

   (E) A notice of newly discovered asset form is required to be filed within 30 days after the guardian or conservator becomes aware of additional assets, gifts, awards, settlements, or inheritances over $500 not disclosed in the current inventory.

   (F) The court shall monitor all cases in which annual accountings are required to see that the accountings are filed in a timely manner. If an accounting is not filed within 30 days after the date it is due, the court shall issue an order to show cause why the guardian/conservator should not be removed and shall set the same for hearing.

   (G) All accountings, inventories, and condition of ward reports filed with the court shall be reviewed by a clerk magistrate, probate supervisor, court staff, or guardian ad litem, if one is appointed, or by an independent third party approved by the State Court Administrator’s Office, if available, unless waived by the court. If there is a problem and/or concern with the report, the matter shall be set for hearing before the court with notice to all interested parties.

   (H) The court shall schedule a formal due process hearing to approve the accounting upon (1) a petition requesting approval by the guardian/conservator, (2) the request or objection of any interested party, or (3) the court's own motion. Notice of such hearing must be given to all interested parties and the protected person's interest safeguarded as provided in the filing of the original petition (see Neb. Rev. Stat.§ 30-2636).

Rule 42 amended June 1988. Renumbered and codified as § 6-1442, effective July 18, 2008; § 6-1442 amended August 31, 2011, effective January 1, 2012; § 6-1442(A) amended October 17, 2012.

   (A) Prior to being issued Letters, the guardian or conservator shall file the following with the court:

   (1) an acceptance, address information sheet, general information sheet, inventory with an affidavit of due diligence, and a bond if required; and

   (2) an acknowledgment of financial institution form showing that the order appointing them guardian or conservator was provided to each financial institution in which the ward, protected person, or minor has an account/assets;

   (B) After the guardian or conservator has been issued Letters, the guardian or conservator shall file with the court an acknowledgment of financial institution form showing that Letters have been provided to each financial institution in which the ward, protected person, or minor has an account/assets. This form shall be filed with the court within 10 days of the Letters being issued. Failure to file the form shall result in suspension of your authority.

   (C) Language expressly limiting powers shall be included on all Letters of guardian/conservator in the following language: “You shall not pay yourself or your attorney compensation from the assets or income of your ward, nor sell real property of the estate, without first obtaining an order therefor, after an application, notice to the interested persons, and hearing thereon. The order may be entered ex parte if all interested persons have waived notice of hearing or have executed their written consent to the fee.”

   At the same time the annual accounting is filed with the court, the guardian/conservator shall file with the court an application for payment of the previous year’s fees to the attorney and to the guardian/conservator. The specific amount of the fees requested shall be set out in the application.

   (D) The filing requirements of the guardian/conservator shall be included on all Letters of guardianship/conservatorship.

   The language on the Letters should be as follows for a conservatorship:

You are further directed to file a complete accounting of your administration of this estate, along with the required fee, notice of right to object form, and an affidavit of mailing showing copies were sent to all interested parties, including the bonding company, by first-class mail, postage prepaid, not later than 30 days after the expiration of 1 year after the date of these Letters and annually thereafter. The accounting shall include an updated inventory at the end of the accounting period and shall include certificates of proof of possession for all intangible personal property existing at the end of the accounting period.

   For a guardianship:

You are further directed to file a condition of ward report, a complete accounting of your administration of  this estate, if you have possession of the estate, along with the required fee, notice of right to object form, and an affidavit of mailing showing copies were sent to all interested parties, including the bonding company, by first-class mail, postage prepaid, not later than 30 days after the expiration of 1 year after the date of these Letters and annually thereafter. If you are filing an accounting, the accounting shall include an updated inventory at the end of the accounting period and shall include certificates of proof of possession for all intangible personal property existing at the end of the accounting period.

   For a guardianship and conservatorship:

You are further directed to file a condition of ward report and a complete accounting of your administration of this estate, along with the required fee, notice of right to object form, and an affidavit of mailing showing copies were sent to all interested parties, including the bonding company, by first-class mail, postage prepaid, not later than 30 days after the expiration of 1 year after the date of these Letters and annually thereafter. The accounting shall include an updated inventory at the end of the accounting period and shall include certificates of proof of possession for all intangible personal property existing at the end of the accounting period.

   (E) Guardians/Conservators shall not make ATM withdrawals or receive cash back on a debit transaction on a ward’s or protected person’s bank account without first receiving a court order to do so. The following language shall be included on all Letters:

No ATM withdrawals or cash back on debit transactions without court order.

   (F) The court shall order guardians/conservators to file Letters with the Register of Deeds in any county where the ward has real property or an interest in real property. The following language shall be included on all Letters.

Guardians/conservators shall file Letters with the Register of Deeds in any county where the ward has real property or an interest in real property.

Rule 43 amended November 1988. Renumbered and codified as § 6-1443, effective July 18, 2008; § 6-1443 amended August 31, 2011, effective January 1, 2012.

   No rule adopted by this court shall be or be construed to be jurisdictional, nor shall failure to comply with any such rule in any proceeding impair or otherwise affect the legality of such proceedings.

   (A) Any order, notice signed by the court or the registrar, and the petition application or pleading on which it is based, is deemed to be immediately filed upon affixing of the court file stamp. In no instance shall any documents be taken from this court until they have been filed, posted, filed for permanent record, and placed in the court file.

   (B) All courts shall accept for filing only the standardized forms approved by the State Court Administrator’s Office as provided on the Nebraska Judicial Branch Web site in guardianship and conservatorship matters.

§ 6-1445 amended June 8, 2011; § 6-1445 amended August 31, 2011, effective January 1, 2012.

   In all cases where a personal representative, guardian, or conservator has been formally or informally appointed and has failed to qualify by filing the required bond and acceptance within 60 days of appointment, and nothing appears in the records of the court which may explain or excuse the delay, the appointment may be set aside by the court on its own motion with or without prior notice to interested persons. If prior notice is not given, the clerk shall promptly mail a copy of the order of the court to the petitioner or petitioner’s attorney, and to the personal representative, guardian, or conservator.

   A petition or application for probate of will, adjudication of intestacy, appointment of a personal representative, guardian or conservator shall be subject, on the court’s own motion and with or without prior notice to interested persons, to dismissal without prejudice when it appears from the records of the court that no action on the petition or application has been taken by the petitioner or applicant for 4 months or longer, and nothing appears in the records of the court which may explain or excuse the delay. If the dismissal is ordered without notice, the clerk of the court shall promptly notify the petitioner or applicant and attorney of record of such action.

   Each county court by action of a majority of its judges may from time to time recommend other local rules not inconsistent with these rules nor inconsistent with any directive of the Supreme Court or statutes of the State of Nebraska. Any such recommended rule shall not become effective until approved by the Supreme Court and published in the Nebraska Advance Sheets.

Rule 48 amended September 1987. Renumbered and codified as § 6-1448, effective July 18, 2008.

   (A) Disclosure of the content of the following reports to nonparties of this pending action is prohibited without the court’s written consent. All reports filed pursuant to this rule are confidential and shall be handled in the same manner as personal and financial information in court records under § 6-1464.

   (1) A person, except for a financial institution as that term is defined in subsection (12) of Neb. Rev. Stat. § 8-101 or its officers, directors, employees, or agents or a trust company, who has been nominated for appointment as a guardian or conservator shall obtain a national criminal history record check, a check of the Abuse and Neglect Registries for adults and children, a check with the sex offender registry, and a credit check through a process approved by the State Court Administrator’s Office. The nominated guardian or conservator shall file the results of the reports with the court at least 10 days prior to the appointment hearing date, unless waived or modified by the court (a) for good cause shown by affidavit filed simultaneously with the petition for appointment or (b) in the event the protected person requests an expedited hearing under Neb. Rev. Stat. § 30-2630.01.

   (2) An order appointing a guardian or conservator shall not be signed by the judge until such reports have been filed with the court and reviewed by the judge. Such reports, or the lack thereof, shall be certified either by affidavit or by obtaining a certified copy of the reports. No reports or national criminal history record check shall be required by the court upon the application of a petitioner for an emergency temporary guardianship or emergency temporary conservatorship. The court may waive the requirements of this section for good cause shown.

   (B) If there are no interested parties identified for a ward or a protected person, the court shall appoint a guardian ad litem.

Rule 49 renumbered and codified as § 6-1449, effective July 18, 2008; § 6 -1449 amended August 31, 2011, effective January 1, 2012.

   (A) Public Moneys Paid to County Court Officials; Depository Banks; Designation; Pledged Securities; List.

   (1) All funds paid to any county court shall be deposited in such bank or banks as have been designated as official depositories for such funds. Depository banks shall be such banks as designated by the county judge or judges.

   (2) Deposits in excess of the amount insured by the Federal Deposit Insurance Corporation shall be made only as authorized by the provisions of Neb. Rev. Stat. §§ 77‑2326.04 through 77‑2326.09.

   (3) The clerk magistrate of each county court shall submit to the State Court Administrator a current and correct list and description of the securities pledged or in which a security interest has been granted by any depository bank to secure the deposits.

   (B) Investment of Moneys Not Otherwise Provided for by Law.

   (1) Individual trust funds. Trust funds in excess of $5,000 that can be expected to be held in excess of 90 days in trust by a county court may be placed, upon written request of an interested party, in interest-bearing certificates of deposit or a savings account of a bank or other financial institution or interest-bearing obligations of the federal government. This provision is effective only for individual deposits in excess of $5,000.

   (2) Pooled trust funds. Other funds received by the court and pooled should be invested wherever possible with consideration to:

   (a) the highest possible interest (such as NOW or SUPER NOW accounts);

   (b) the least restrictions (such as minimum balances, limitations on withdrawals, or number of checks per month); and

   (c) minimum or no service charges (to the extent service charges are incurred, such charges shall be paid out of state fees received that month).

   (C) Distribution of Earned Interest.

   (1) Individual funds. The interest earned from income accumulated from the investment of moneys from § 6‑1450(B)(1) shall be retained for the benefit of the owner of the funds.

   (2) Pooled funds. Each clerk of the court shall transmit the net of any interest from § 6-1450(B)(2), and fees for credit card use reduced first by any costs incurred as a result of credit card use and any other bank charges, to the State Treasurer along with the regular submissions of fees and costs.

Rule 50 amended June 1988. Renumbered and codified as § 6-1450, effective July 18, 2008.

   (A) Minimum Requirements. County court records shall be organized as set out in the Records Model in the County Court Procedures Manual.

   (B) Media Used. County court records may be maintained on any media approved by the State Court Administrator. The requirements contained in the Rules and Regulations of the State Records Administrator shall be observed. Docket books, registers of action, and indexes are not required for that portion of a court's caseload which is part of the county court automation system.

   (C) Paper Size. Pleadings filed in the county courts shall be on white paper measuring 8½ by 11 inches. Forms used in the courts shall be on paper no larger than 8½ by 11 inches and no smaller than 8½ by 5½ inches.

   (D) Standard Forms. Approved standard forms contained on the Nebraska Supreme Court Web site shall be used without modification where possible. Modifications must be approved by the State Court Administrator before a modified form can be printed or used.

   (E) Transcript and Bill of Exceptions Checkout. Any bill of exceptions prepared for appeal of a case to the Supreme Court or Court of Appeals and filed in the office of the clerk of the county court shall be made available for checkout to an attorney of record for a period of 30 days. A receipt shall be signed for such record and left with the clerk. If counsel is notified by the clerk of the county court within the 30‑day checkout period that the bill of exceptions is required for filing with the appellate courts pursuant to Neb. Ct. R. App. P. § 2‑105(B)(3)(d) the attorney shall immediately return the record to the clerk of the county court.

   In the event that a brief date extension is requested by counsel of record pursuant to Neb. Ct. R. App. P. § 2‑109, and the same is granted, the clerk of the county court shall afford counsel additional time to retain such bill of exceptions to complete the appellate brief. Such additional time shall be for either (1) a period not to exceed the date established as the Final Brief Date in the appellate court order or (2) a period of 30 days if no Final Brief Date is set therein. A copy of such extension request and order granting the same shall be sent to the clerk of the county court by counsel making such request.

   Any litigant is entitled to inspect the original transcript and bill of exceptions in his or her case at the office of the clerk of the trial court. Transcripts and bills of exceptions shall not be checked out to litigants. Any nonincarcerated litigant is entitled to obtain a copy of his or her transcript or bill of exceptions by filing a written request with the clerk of the trial court. A copy of the transcript shall be prepared by the clerk of the trial court and a copy of the bill of exceptions shall be prepared by the court stenographer at litigant’s cost unless the litigant has been allowed to proceed in forma pauperis in the action in which the request for a record has been made. Except for good cause shown, any additional copies of the transcript and/or the bill of exceptions once provided to a litigant on an in forma pauperis basis shall be prepared at the litigant’s costs.

   When a request is made to the clerk of the trial court for a transcript of pleadings by or on behalf of any incarcerated person, the clerk of the trial court shall prepare two copies, one to be filed in the court to which the matter is being appealed and one to be sent to the incarcerated person at the correctional center where he or she resides. The cost shall be paid by the person making the request unless the person has been allowed to proceed in forma pauperis in the action in which the request for a record has been made. Except for good cause shown, any additional copies of the transcript once provided to a litigant on an in forma pauperis basis shall be prepared at the litigant’s cost.

   When a request is made by or on behalf of any incarcerated person for a bill of exceptions, the court stenographer shall prepare the original to be filed with the clerk of the trial court. The court stenographer shall also prepare a duplicate copy at the statutory rate for copies and send it to the incarcerated person at the correctional center where he or she resides. The copy shall contain the index of exhibits but shall not include exhibits. The cost shall be paid by the person making the request unless that person has been allowed to proceed in forma pauperis in the action in which the request for a record has been made. Except for good cause shown, any additional copies of the bill of exceptions once provided to a litigant on an in forma pauperis basis shall be prepared at the litigant’s cost. An incarcerated person may request copies of exhibits by filing a motion with the court having jurisdiction of the case.

   Where a request for a copy of a transcript or a bill of exceptions is made on an in forma pauperis basis and an action is not pending, good cause must be shown by the litigant making the request for the necessity of a copy. A copy shall be provided only upon an order of the court.

Rule 51 adopted September 1987; amended May 21, 2003. Renumbered and codified as § 6-1451, effective July 18, 2008.; §§ 6-1451(A), (C), and (D) amended June 8, 2011.

   (A) Appeals from County Court to District Court.

   (1) Transcript of pleadings; how ordered.

   (a) Appellant shall file a request for preparation of the transcript of pleadings at the time of filing the notice of appeal. The request shall designate the pleadings to be included in the transcript by listing the name of the pleading and its date of filing.

   (b) The transcript shall contain the documents set out in § 6-1452(A)(2)(a)(i) through (v).

   (2) Transcript of pleadings; content.

   (a) The transcript of pleadings shall contain:

   (i) In criminal cases, the complaint and arraignment sheet showing the plea entered. In civil cases, a copy of the last amended petition and last amended answer;

   (ii) The judgment, decree, or final order sought to be reversed, vacated, or modified, and the county court's opinion, if any;

   (iii) Copies of the notice of appeal and request for transcript, and copies of the request for bill of exceptions, and the application to proceed in forma pauperis and accompanying poverty affidavit if those documents were filed;

   (iv) A copy of any bond or undertaking given in the county court; and

   (v) Any other parts of the county court record which appellant believes to be necessary. Only those portions of the record which are material to the assignments of error may be requested. Requests must be made in the manner set out in § 6-1452(A)(1)(b).

   (b) The county court shall, in the absence of a request for the inclusion of additional filings, prepare a transcript containing the documents set out in § 6-1452(A)(2)(a)(i) through (iv). In appeals to the Supreme Court, the notice of appeal, praecipes for transcript and bill of exceptions, and poverty affidavits shall not be included in the transcript, since they have been previously certified and sent to the Supreme Court.

   (c) In appeals to the district court involving small claims cases, the county court shall certify the complete transcript of pleadings to the district court if the appellant is not represented by counsel.

   (3) Transcript of pleadings; form.

   (a) The transcript shall be photocopied. The image shall be permanent, black on a white background, and sharply and clearly legible. Each document in the transcript shall bear a clear and distinct stamp or writing showing the date the document was filed by the clerk of the court.

   (b) Transcripts shall be submitted on paper measuring 8½ x 11 inches. If the pleadings were filed in the county court on paper measuring 8½ x 14 inches, the entire transcript may be reproduced on 8½ x 14 inch paper. The paper shall be of standard 12‑ to 16‑pound substance.

   (c) The transcript shall be securely bound at the top center of each page with a fastener with prongs 2¾ inches apart on center. No pages in the transcript may be stapled.

   (d) For appeals to the district court, the first two pages of the transcript shall be unnumbered and shall consist of (1) the clerk's certificate as set forth in Appendix 1 of these rules and (2) a properly prepared index. The index shall bear the caption of the case and the county court case identification number. The rest of the index shall be divided into three columns. The first column shall be used to number each item included in the transcript; the second column shall contain a brief description of the item; the third column shall show the transcript page number of the first page of the item described. Each page after the index shall be consecutively numbered. The number shall be centered at the bottom of each page.

   (4) Payment for transcript.

   (a) The party making the request shall pay the estimated cost of the transcript to the county court before preparation of the transcript may begin.

   (b) An appeal may be dismissed for failure to make payment for the transcript except in cases where a poverty affidavit has been filed. If payment for the transcript has not been received within the time allowed under Neb. Rev. Stat. § 25‑2731, and no poverty affidavit has been filed, the clerk of the county court shall send a certified copy of the notice of appeal to the clerk of the district court, together with a statement that the fee has not been paid.

   (5) Supplemental transcript. After the original transcript is filed in the office of the clerk of the district court, any party may, without leave of court, request a supplemental transcript containing matters omitted from the original transcript and which are necessary to the proper presentation of the case in the district court.

   (a) The request for a supplemental transcript shall be in writing and in the same form prescribed in § 6‑1452(A)(1).

   (b) Supplemental transcripts shall be filed within 10 days after the county court receives the request, unless the district court has extended the due date.

   (c) Supplemental transcripts shall be in the form prescribed in § 6-1452(A)(3).

   (d) No change in the original or supplemental transcript shall be made after filing, or papers added to or withdrawn from the transcript, without leave of the district court.

   (6) Cases previously appealed. When a final order is appealed in a case which was previously appealed, the transcript should not contain pleadings already on file in the district court.

   (7) Statement of errors. Within 10 days of the filing of the bill of exceptions in the district court, the appellant shall file with the district court a statement of errors, which shall consist of a separate, concise statement of each error a party contends was made by the trial court. Each assignment of error shall be separately numbered and paragraphed. Consideration of the case will be limited to errors assigned and discussed. The district court may, at its option, notice a plain error not assigned. This rule shall not apply to small claims appeals.

   (B) Bills of Exceptions.

   (1) How ordered. An appellant may order a bill of exceptions by filing a request with the clerk of the county court at the time the notice of appeal is filed. The request shall specifically identify each portion of the evidence and exhibits offered at any hearing which the party appealing believes material to the issues to be presented for review.

   (2) Preparation. The county court stenographer shall prepare only the portions of evidence specified in the request for preparation of the bill of exceptions. At the same time, the appellant shall serve a copy of the request upon all parties.

   (3) Supplements. If the appellee believes additional evidence should be included in the bill of exceptions, the appellee may, within 10 days after service of the request for bill of exceptions filed by the appellant, file a supplemental request for preparation of a bill of exceptions with the clerk of the county court. At the same time, a copy of the supplemental request shall be served upon all parties. The supplemental request shall be processed in the same way as the initial request.

   (4) Settlement, signature, and allowance. When the bill of exceptions has been prepared, it shall be reviewed by the county judge or court stenographer, as the county judge elects, to determine whether the bill of exceptions conforms to applicable rules and is an accurate transcription of the tape recording. The person who completes the review and finds the bill of exceptions acceptable shall sign a certificate to be included in the bill of exceptions certifying that it is an accurate transcription of the proceeding.

   (5) Filing. The bill of exceptions shall be filed in the office of the clerk of the district court by a county court employee as soon as the certificate is signed.

   (6) Relevance. The bill of exceptions shall contain only matters of evidence or exhibits which are necessary to decide the issues presented on appeal.

   (7) Payment. Except in cases where payment of the cost of preparing the bill of exceptions will be paid by the state, county, or other governmental subdivision, the cost shall be estimated at the time the request is received. The estimate shall be given or mailed to the party making the request.

   (a) The appellant shall deposit the amount of the estimated cost with the clerk of the county court within 14 days after receipt of the estimate. Preparation of the bill of exceptions will not begin until the payment of the estimate is received.

   (b) If the appellant fails to pay the deposit on time, the clerk magistrate shall notify the court stenographer and the district court in writing that the deposit has not been made. The time allowed the court stenographer for preparation shall be stayed until the deposit has been made. Appellant's time shall not be stayed by failure to make the deposit on time.

   (8) Preparation and delivery.

   (a) The bill of exceptions shall be filed with the clerk of the district court as soon as possible. 
   The following time limits apply unless an extension of time is approved by the district court in accordance with these rules. The time period begins on the date the request is filed in the county court.

   (b) If the bill of exceptions cannot be prepared within the time allowed by § 6-1452(B)(8)(a), the district court may grant additional time for preparation.

   (i) The clerk magistrate or court stenographer shall file a request with the clerk of the district court for additional time at least 1 week prior to the date the bill of exceptions is due to be filed.

   (ii) The request shall be in the form of a pleading, captioned and bearing the district court case number. The request shall specify the length of time requested for the extension and shall bear the signature of the clerk magistrate or court stenographer. A brief affidavit of the clerk magistrate or court stenographer shall accompany the request for extension of time and shall set forth the reasons why the bill of exceptions cannot be completed by the date due.

   (iii) Copies of the request shall be served on all parties to the action or their attorneys at the time the request for extension of time is filed.

   (iv) The district court shall rule upon the request as soon as possible. The clerk of the county court shall be notified of the decision as soon as possible, but not later than 2 business days after the decision.

   (v) Requests for extension shall be allowed only upon a showing of good cause, and first extensions of time shall not be routinely granted.

   (9) Notice of district court action. The clerk of the district court shall notify the clerk of the county court of action taken by the district court on the appeal as follows:

   (a) Within 2 judicial days after the decision of the district court becomes final, the clerk of the district court shall issue a mandate and transmit the same to the clerk of the county court on the form prescribed by the Supreme Court together with a copy of the district court's decision.

   (b) The following shall be the procedure in appeals to the Supreme Court from the district court:

   (i) The clerk of the district court shall notify the clerk of the county court if any matter appealed from the county court is appealed to the Supreme Court. Such notice shall be sent to the county court within 2 days after the date the notice of appeal is filed in the district court.

   (ii) The clerk of the district court shall notify the clerk of the county court of receipt of a mandate from the Supreme Court within 2 days after the mandate is received by the district court.

   (C) Direct Appeals from County Courts to the Court of Appeals or Supreme Court.

   (1) Notice of appeal; requests to prepare record. The appellant's notice of appeal to the Court of Appeals or Supreme Court shall be filed with the clerk of the county court within the time established by Neb. Rev. Stat. § 25‑1912.

   (a) At the same time the notice of appeal is filed, the appellant shall file a request for preparation of the transcript of pleadings and may file a request for preparation of the bill of exceptions. Those requests shall be in the form prescribed in § 6-1452(A) and (B).

   (b) The court stenographer shall commence preparation of the bill of exceptions when notified to do so by counsel for the appellant. The time limits for preparation of the bill of exceptions contained in § 6‑1452(B)(8)(a) shall apply, and the time shall begin from the date the notice of appeal is filed.

   (c) The party requesting the preparation of the bill of exceptions may, at any time before the bill of exceptions is completed by the court stenographer, file with the clerk of the county court and serve upon the court stenographer a statement advising the court stenographer that settlement has been reached. Upon receipt of such statement, the court stenographer shall cease any further work upon the bill of exceptions. The county court shall be entitled to payment by the party ordering such bill of exceptions for the work performed up to the time that such notice was served upon the court stenographer, and rules with regard to payment of the fees to the county court for the bill of exceptions, as otherwise provided herein, shall apply.

   (d) The court stenographer shall file the completed bill of exceptions with the clerk magistrate of the county court, who shall notify all parties and the Clerk of the Supreme Court and Court of Appeals of the filing.

   (2) Payment of filing fee. The filing fee in the Court of Appeals or Supreme Court set by Neb. Rev. Stat. § 33‑103 shall be first deposited with the clerk of the county court, who shall record receipt of the fee. The clerk of the county court may then write a check to the Clerk of the Supreme Court and Court of Appeals for the docket fee. If the county is to pay the fee (filing in forma pauperis), then the docket fee is not prepaid.

   (3) Filing notice of appeal with the Court of Appeals or Supreme Court. The clerk of the county court shall, within 2 business days of receipt of a notice of appeal to the appellate court, send the following to the Clerk of the Supreme Court and Court of Appeals:

   (a) A copy of the notice of appeal.

   (b) The request for preparation of the transcript of pleadings.

   (c) The request for preparation of the bill of exceptions (if filed).

   (d) The clerk's certificate, set forth in Appendix 2 of these rules, which shall contain the following information:

   (i) The caption of the case, including the names and adversary relationships of all the parties as the case was filed;

   (ii) The name, address, city, state, zip code, telephone number, and Nebraska attorney identification number of each principal Nebraska attorney, and the name of the party or parties the attorney represents; or, if a party or parties represent themselves, the above information except for the identification number.

   (iii) The date the notice of appeal was filed and the date the docket fee was paid.

   (e) The court's check for the docket fee, or the application to proceed in forma pauperis and a poverty affidavit if the filing is in forma pauperis. If the State is prosecuting the appeal, no other notice is required.

   (4) Processing appeals in the Court of Appeals or Supreme Court. Appeals from the county court will be processed in the same manner as other appeals. The Supreme Court and Court of Appeals Rules of Practice and Procedure shall be followed in appeals from the county courts. The county court transcript shall be certified by the clerk as a true copy of the proceedings contained therein. See Appendix 3.

   (5) Notification of decision. The Clerk of the Supreme Court and Court of Appeals shall issue a mandate in appeals from county courts as in other cases. The county court will be officially notified of the action of the appellate court through the mandate.

Rule 52(A)(7) amended October 27, 1993; Rule 52(A)(3)(d) and (C)(3)(d) and (C)(4) amended April 13, 1994; Rule 52(C), (C)(1), (C)(1)(d), (C)(2), (C)(3), (C)(4), and (C)(5) amended June 2, 1994; Rule 52(C), (C)(3)(d), and (C)(4) amended January 31, 1996; Rule 52(C)(1)(c) amended September 17, 1997; Rule 52(A)(2)(a)(iii) and (C)(3)(e) amended October 14, 1999. Renumbered and codified as § 6-1452, effective July 18, 2008; §§ 6-1452(A)(4)(a) and (B)(7)(a) and (b) amended June 8, 2011; § 6-1452(C)(2) amended August 31, 2011.

   (A) Transcript of Pleadings. In cases where the defendant is ordered bound over to the district court, the original case file shall be transmitted to the clerk of the district court. The register of actions of the case in the county court shall be updated to show the actions in the county court, and the action of transmitting the record shall be recorded on the register of actions.

   (B) Transcript of Testimony.

   (1) Request for transcription. A transcript of testimony may be ordered by a party to the action. The request shall specify which portions of the evidence should be included in the transcript.

   (2) Payment. A transcript of testimony, when ordered, shall be prepared and paid for as described in § 6‑1452(B)(7)(a).

   (C) Cover Sheet. The county court shall prepare a cover sheet and a certificate of costs, showing whether costs have been paid or are still owed.

Rule 53 adopted September 1987. Renumbered and codified as § 6-1453, effective July 18, 2008.

   Each clerk magistrate in the State of Nebraska is authorized to conduct arraignments, accept pleas of guilty and nolo contendere, and impose penalties as set forth below:

   (A) Waivers. The clerk magistrate may accept pleas of guilty and impose fines on all offenses set out in the waiver/fine schedule approved by the Nebraska Supreme Court.

   (B) Arraignments. The clerk magistrate may conduct arraignments and accept pleas of guilty, not guilty, and nolo contendere on any waiverable offense, on any other infractions, misdemeanors, or violations of city ordinances. The clerk magistrate may impose penalties on any infractions, Class III, IV, or V misdemeanors, first offense Class W misdemeanors, or any violations of city ordinances. Penalties imposed by the clerk magistrate under this section are not limited to the fines on the uniform waiver schedule and may include probation. Such penalties shall not be in excess of statutory limits and shall not include imprisonment. A record shall be made of all arraignments conducted by the clerk magistrate. The presiding judge of each judicial district shall provide the clerk magistrate with a written verbatim arraignment form which shall be followed by the clerk magistrate to ensure that the defendant is properly advised of the charges made against him or her, the statutory language stating the offense, the possible penalties which could be imposed, and the necessary constitutional rights.

   (C) Bond Setting. When a defendant appears before the clerk magistrate and the case is continued for further hearing, the clerk magistrate shall order the defendant to appear on a date certain and shall release the defendant or set bond with appropriate conditions as statutorily provided.

   (D) Other Duties. All other duties of clerk magistrate shall be pursuant to state statute.

Rule 54 adopted September 1987. Renumbered and codified as § 6-1454, effective July 18, 2008.

   (A) Uniform Waiver System. Each county court shall accept waivers of appearance and pleas of guilty in cases involving nonhazardous traffic violations, carrier violations, game and parks violations, and other violations in accordance with a schedule adopted by Supreme Court rule. Such waivers shall be on a form with uniform language in accordance with the Supreme Court rule.

   (B) Guidelines for Use of Waiver System. Waivers shall be accepted in the following ways:

   (1) Mail. Violators may be allowed by the law enforcement officer issuing the citation to use the waiver form contained on the defendant's copy of the citation. If the defendant is a resident of a state which is a member of the Nonresident Violator Compact, the defendant may then be released without the necessity of immediate collection of fine and costs.

If the defendant is a resident of a state which is not a member of the Nonresident Violator Compact, or is charged with an offense not covered by that compact, the officer shall

   (a) allow the defendant to sign the waiver and pay the fine and costs or

   (b) allow the defendant to sign the waiver and place it in an envelope along with the fine and costs in the presence of the officer. The officer shall then accompany the defendant to the nearest U.S. mailbox to observe the deposit therein of the envelope. The officer shall at no time take possession of the fine and costs.

   (2) Locked waiver boxes. Carrier Enforcement officers who have a locked waiver box permanently attached to the inside of their portable unit or permanently affixed within the building of a fixed scale facility may allow the defendant, in the presence of the officer, to sign the waiver and to place it and the fine and costs in an envelope. The officer shall then, in the presence of the defendant, seal and place the envelope in the locked waiver box.

   (3) Personal appearance. Violators may appear personally at the office of the clerk of the appropriate court on or before the court appearance date.

   (4) Application. Violators may make application for waiver of appearance prior to the court appearance date. Upon receipt of an application, the court shall determine whether or not the waiver privilege shall be granted and shall send either a waiver or a notice of an appearance date. If the waiver privilege is denied, the judge shall set forth within the notice of appearance a written explanation showing good and sufficient cause as to why the privilege was denied.

   (5) Internet. Violators may access a web site approved by the Supreme Court and upon successful completion of required information and agreeing to all waiver and plea instructions, pay the fine and costs plus any convenience fees by using a credit/debit card processor authorized by the court. Convenience fees are established by the credit/debit car processor authorized by the court and are not a part of the fine and costs to the state.

   (C) Fine Schedule. The Supreme Court shall establish a schedule of the amount of fines to be imposed for violations which are to be paid by waiver.

   (D) Other Violations. Notwithstanding the provisions of § 6-1455(C), and except for violations in which mandatory jail time is required to be imposed as punishment, a waiver may be allowed for violations not listed on the schedule in individual cases when authorized by the county judge or judges of the county.

Rule 55 amended March 1991; Rule 55(B)(5) adopted September 20, 2007. Renumbered and codified as § 6-1455, effective July 18, 2008; § 6-1455(D) amended June 9, 2010; § 6-1455(B)(1)(a) amended June 8, 2011.

Rule 56 amended January 1991. Renumbered and codified as § 6-1456, effective July 18, 2008; § 6-1456 amended August 25, 2010.

   Pursuant to Neb. Rev. Stat. § 25‑2703, the State Court Administrator established the following guidelines to prescribe the form that city or village ordinances shall be filed in the county courts:

   (A) Initial Filing of City or Village Ordinances. City or village ordinances shall be compiled in either book or pamphlet form. The preferred format is a looseleaf book form. For municipal code books or pamphlets which have been adopted in their entirety by an adopting ordinance, such books or pamphlets shall be accompanied by a copy of the adopting ordinance with a certificate of the municipal clerk, under the seal of the municipality, certifying that such ordinance was passed and approved as required by law. For municipal code books or pamphlets containing a compilation of ordinances passed by the municipality, such books or pamphlets shall be accompanied with a certificate of the municipal clerk, under the seal of the municipality, certifying that such ordinances were passed and approved as required by law. Each municipal code book or pamphlet shall contain a date of publication and purport that it is being published by the authority of the city council or village board of trustees. Each municipal code book or pamphlet shall contain an index.

   (B) Filing of New or Amended Ordinances. Copies of new or amended ordinances may be filed in the county court in typewritten, printed, or page form. For municipalities filing new or amended ordinances in ordinance form, such ordinances shall be accompanied with a certificate of the municipal clerk, under the seal of the municipality, certifying the date that such ordinances were passed and approved. For municipalities filing new pages for insertion in their municipal codes, such pages shall be accompanied with a certificate of the municipal clerk, under the seal of the municipality, listing the ordinance numbers which effectuated the changes therein and certifying the dates that such ordinances were passed and approved. The county court shall insert the new pages or firmly affix all new or amended ordinances to the published version of the respective city or village ordinances.

   (C) Need for Record. The foregoing provisions do not in any way modify the rule of appellate practice that when an ordinance charging an offense is not properly made a part of the record on appeal, an appellate court presumes the existence of a valid ordinance creating the offense charged, and will not otherwise take judicial notice of an ordinance.

Rule 57 adopted May 1994. Renumbered and codified as § 6-1457, effective July 18, 2008.

   Whenever the need exists, a clerk magistrate, with the concurrence of the county judges of his or her district, may establish and maintain a petty cash fund of not more than $50. The fund shall be used only in the event of special circumstances which require the item or expense to be purchased and paid for immediately in cash. The creation of the fund is contingent upon budget approval by the local county board. If the local county board approves the budget request, the clerk magistrate shall maintain an accurate, detailed accounting of the fund which shall be submitted to the auditors at the time of their annual audit.

Rule 58 adopted July 1995. Renumbered and codified as § 6-1458, effective July 18, 2008.

   The presiding judge has primary responsibility for overseeing the delivery of county court services within the geographical area of the judicial district.

   In districts where there is a judicial administrator, the presiding judge, in accordance with Nebraska Supreme Court Personnel Policies and Procedures, bears the responsibility for the hiring, evaluation, and discipline of the judicial administrator. The presiding judge is to provide direction to the judicial administrator in matters of local district policy. A presiding judge is to provide direction to the judicial administrator to ensure that state statutes, Supreme Court rules, and policies of the Administrative Office of the Courts are appropriately carried out. The presiding judge is the immediate supervisor of the judicial administrator and shall meet with the judicial administrator on a regular basis to coordinate the work of the judges and staff within the district.

   In districts where there is no judicial administrator, the presiding judge bears the responsibility for the hiring, evaluation, and discipline of the clerk magistrates in the district. The presiding judge is to provide direction to the clerk magistrates in matters of local district policy. A presiding judge is to provide direction to the clerk magistrates to ensure that state statutes, Supreme Court rules, and policies of the Administrative Office of the Courts are appropriately carried out. The presiding judge is the immediate supervisor of the clerk magistrates and shall meet with the clerk magistrates on a regular basis to coordinate the work of the judges and staff within the district. In districts with more than one county, these duties may be assigned to individual judges on a county-by-county basis.

   It shall be the responsibility of the presiding judge to coordinate the work of all judges within the district. This may include assigning judges to various duties within a single county or among various counties of the district.

   The presiding judge shall bear the responsibility of notifying the Administrative Office of the Courts if there is a need for a substitute judge anywhere in the district.

   The presiding judge shall delegate appropriate administrative responsibility to the judicial administrator and the rest of the administrative staff of the district or to the clerk magistrates and the rest of the administrative staff of the counties relating to budget preparation and general administration, case management, facilities, personnel administration, and court records management. In districts with more than one county, these duties may be assigned to individual judges on a county-by-county basis.

   The presiding judge shall be the liaison with the Administrative Office of the Courts and Supreme Court.

It shall be the responsibility of the presiding judge to plan and chair each year a meeting of all judges, judicial administrators, and clerk magistrates within a district. The presiding judge may plan and chair additional meetings as deemed necessary in the discretion of the presiding judge of all judges, judicial administrators, and clerk magistrates within a district.

   The presiding judge shall be the liaison to the Nebraska State Bar Association and the press for the courts of the district. In districts with more than one county, these duties may be assigned to individual judges on a county-by-county basis.

   The presiding judge shall be the liaison to other agencies of local and state government for the courts of the district. In districts with more than one county, these duties may be assigned to individual judges on a county-by-county basis.

   It shall be the responsibility of the presiding judge of the district to review the audits of all county courts of the district to make sure that the accounting practices being followed are in accordance with the County Court Accounting Manual. It is the duty of the presiding judge to respond to any audit recommendation. It is also the duty of the presiding judge to make all records and information available to the individuals doing the audit.

   It shall be the duty of the presiding judge to approve any reinstatement of bonds which have been forfeited for more than 90 days when the presiding judge determines it is in the best interests of justice. In districts with more than one county, these duties may be assigned to individual judges on a county-by-county basis.

   The presiding judge shall be elected each year by a majority vote of the judges of the district subject to approval by the Supreme Court. Notification of the name of the individual elected as presiding judge of the district shall be given to the State Court Administrator no later than the last day of November of each year.

   A presiding judge shall hold the position for a term of 1 year from the first day of January to the last day of December of the same year. There is no limit on the number of terms a presiding judge may serve. A judge who has served for two or more consecutive terms may decline to serve another consecutive term. The election of a presiding judge must be approved by the Supreme Court. If notice of disapproval of the person elected to be presiding judge is not given within 15 days of the submission of the name to the State Court Administrator, then the person shall be deemed approved. If the Supreme Court disapproves of the person elected to be presiding judge, the district shall elect another person and submit that name to the State Court Administrator within 10 days of the notice of disapproval.

Rule 59 adopted October 1996. Renumbered and codified as § 6-1459, effective July 18, 2008; § 6-1459 amended August 27, 2008; amended June 8, 2011.

   The Uniform district court rules of practice and procedure, Chap. 6, Art. 15, shall govern the procedure for domestic relations cases heard by a county court judge.

Rule 60 adopted November 1997. Renumbered and codified as § 6-1460, effective July 18, 2008.

   Any of the foregoing rules shall be subject to such modification by the court as may be necessary in special instances to meet emergencies or to avoid injustice or great hardship.

Renumbered to Rule 59, July 19, 1995; renumbered to Rule 60, October 17, 1996; renumbered to Rule 61 November 26, 1997. Renumbered and codified as § 6-1461, effective July 18, 2008.

   (A) County Court Civil Jurisdiction. The Nebraska Supreme Court has determined, pursuant to Neb. Rev. Stat. § 24‑517(5), that on or after July 1, 2010, each county court shall have concurrent original jurisdiction with the district court in all civil actions of any type where the amount in controversy is $52,000 or less.

   (B) Small Claims Court Jurisdiction. The Nebraska Supreme Court has determined, pursuant to Neb. Rev. Stat. § 25‑2802(4), that from July 1, 2010, through June 30, 2015, each small claims court shall have jurisdiction in all civil actions set forth in Neb. Rev. Stat. § 25‑2802(1) and (2) where the amount in controversy is $3,500 or less.

Rule 62 adopted June 22, 2005. Renumbered and codified as § 6-1462, effective July 18, 2008; § 6-1462 amended June 30, 2010.

   (A) Traffic Complaint and Notice to Appear; Form.

   (1) Form: hand‑written citation and complaint. In traffic cases, the complaint and notice to appear shall be in the form known as the "Uniform Traffic Citation and Complaint," substantially the same as set out in Appendix 5 hereto. The Uniform Traffic Citation and Complaint shall consist of four parts:

   (a) the complaint, printed on white paper;

   (b) the officer's copy, printed on yellow paper;

   (c) the prosecutor's copy, printed on blue paper; and

   (d) the defendant's copy, printed on card stock, with the waiver and plea printed on the reverse side.

The citation shall be 4.5 by 8 inches in size and printed in precisely the format approved by the Supreme Court. Three inches from the top of the citation there will be a 2‑inch section listing offenses and statute numbers. Any agency wishing to replace the offenses in that section with other offenses unique to its enforcement responsibility may submit a proposal to the Administrative Office of the Courts and request approval for the same.

   (2) Form: computer‑generated citation and complaint. The "Uniform Traffic Citation and Complaint" may be created on a computer and printed. The information on the form shall be the same as on the hand‑written form and shall be substantially the same as set out in Appendix 5 hereto. The law enforcement officer or prosecutor preparing the Uniform Traffic Citation and Complaint shall print at least two copies‑‑the complaint, to be filed with the Court, and the defendant's copy, which shall contain the waiver and plea section if applicable. A copy may be printed for the law enforcement officer or her or his agency, and another for the prosecutor.

All computer‑generated Uniform Traffic Citation and Complaint forms shall be at a minimum printed on letter‑sized (8.5 by 11 inches) white paper with black printing, in the format approved by the Supreme Court. For agencies that use Mobile Data Terminals with continuous paper rolls, it is acceptable to exceed the minimum length described above. The offenses and statute numbers the defendant is accused of violating shall be listed in a separate section of the form.

   (3) Numbering. All citations shall be numbered in consecutive order. Each number shall contain up to two alpha characters and up to seven numerals with no leading zeros. Any agency wishing a specific alpha designation shall request assignment of the same from the Administrative Office of the Courts.

   The citation number shall be displayed at the top of the citation in Arabic characters and numerals. A machine‑readable "3 of 9" barcode shall appear at the top of every copy of the citation.    The barcode will not be required during the initial test period of citations generated electronically.

   (4) When used. The complaint form shall be used in traffic cases in county courts, whether the complaint is made by a peace officer, prosecutor, or any other person.

   (5) The motorist's signature promising to appear may be captured on paper which is filed with the court or a digital representation of the motorist's signature may be captured, stored, and filed with the court.

   (B) Uniform Citation in Lieu of Arrest.

   (1) Form. Any citation in lieu of arrest issued pursuant to Neb. Rev. Stat. §§ 29‑422 through 29‑430 or Neb. Rev. Stat. § 60‑684 shall comply with the following minimum standards:

   (a) the name and address of the cited person;

   (b) the offense charged;

   (c) the time and place the cited person is to appear in court;

   (d) a written promise to appear in court (applicable only to citations issued by law enforcement personnel);

   (e) a line on which the cited person shall place his or her signature thereby promising to appear in court (applicable only to citations issued by law enforcement personnel);

   (f) a warning that failure to appear in accordance with the command of the citation is a punishable offense;

   (g) the citation may constitute a complaint filed in the trial court (applicable only to citations issued by law enforcement personnel); and

   (h) on computer-generated citations and complaints, a checkbox indicating if the cited person will require an interpreter when he or she appears in court.

Rule 63 adopted September 26, 2006. Renumbered and codified as § 6-1463, effective July 18, 2008; § 6-1463(B)(1)(f)-(h) amended June 8, 2011.

   The following privacy rules shall apply to all pleadings, documents, exhibits, court orders, judgments, and decrees filed in all civil actions in the county courts of Nebraska:

   (A) This rule seeks to prevent birth dates, Social Security numbers, and financial account numbers of all persons, including minor children, from being included in court records generally available to the public.

   (B) The personal and financial information identified in § 6-1464(A) shall be set forth in a separate document as set forth in Appendices 7 and 8 to these rules. Appendix 7 shall be used in general civil cases filed in the county court, and Appendix 8 shall be used in any case filed in the county court arising under Chapter 30 of the Nebraska Revised Statutes. Such separate document shall be submitted in either electronic form or paper form. If the document is submitted in paper form, it shall contain, at the top of the first page, the following language, in bold type: This document is confidential and shall not be made part of the court file or provided to the public pursuant to Neb. Ct. R. § 6-1464. The clerk of the court shall keep the document separate from the case file but accessible to judges and court staff. If the document is submitted in electronic form, or converted from paper form to electronic form, the electronic document or the data contained therein may be reproduced or stored in JUSTICE or other court case and financial management system and the paper form shall not be submitted. Such electronic document, image, or data shall be electronically marked and shall not be accessible or viewable by the public, except as expressly authorized by written court order. Otherwise, access to such electronic documents, images, or data by governmental agencies and officials shall be implemented by agency agreements approved by the Nebraska Supreme Court. Application for access to such electronic document, image, or data by government agencies and officials shall be made by such agency or official on the form provided at Appendix 10 and submitted to the Administrative Office of the Courts, Deputy State Court Administrator for Information Technology, and shall set forth statutory citation(s) or other express authority authorizing the agency or official such access to personal and financial information as identified in § 6-1464(A) and/or information as contained on the Appendices 7 and 8 document. The Appendices 7 and 8 information shall be provided to the child support division of the Nebraska Department of Health and Human Services, but shall not otherwise be made available without further court order.

   (C) The personal and financial information identified in § 6-1464(A) shall not be included in any pleading or document submitted by a party or counsel for filing with the court, except by reference to a separate Appendix 7 or 8 document. An Appendix 7 or 8 document shall be separately tendered with any such pleading or other document, and if the Appendix 7 or 8 document is submitted in electronic form, it shall be identified in the filing transmittal as a confidential Appendix 7 or 8 submission. The forms in Appendix 7 and 8 are mandatory with respect to the information identified in § 6-1464(A), but a party, attorney, or court may include in the Appendices 7 and 8 forms additional personal or financial information sought to be protected.

   (D) The personal and financial information identified in § 6-1464(A) shall not be included in any court order, judgment, or decree, including, but not limited to, any decree of dissolution of marriage, decree of legal separation, order of paternity, qualified domestic relations order, or other child support order or order of modification, except by reference to a separate Appendix 7 or 8 document. Where the court finds that an order, judgment, or decree must contain Social Security numbers or other personal information stated in § 6‑1464(A), the court shall have the original order sealed and provide in the case file a redacted version of the order for public view.

   (E) No exhibit used at trial shall contain a complete account number for any financial accounts or debts of any party. The same shall be redacted by the person offering the exhibit to the extent necessary to protect the information from misuse. By agreement of the parties, or as directed by the court, financial account information shall be identified in all pleadings, other documents and court orders, judgments, or decrees in such a manner as the parties, counsel, court, and jury may be able to distinguish information between similar accounts or debts, or as may be necessary to establish relevance to the matter being litigated.

   (F) The name, birth date, gender, and Social Security number information of parties sought to be protected by this rule may be furnished to the clerk of the court by the parties prior to issuance of any order or decree. This information shall be furnished in electronic form through the e-filing application or by submitting the form provided in Appendix 7 or 8. Protection of this information shall be as set forth in § 6-1464(B). Where a party or counsel is required by statute or rule to furnish information identified in § 6-1464(A) to a court or clerk of the court but such information is not required to be filed, the clerk of the court shall not place such information in the court file or allow such information to be accessible, either in paper or electronic form, to the public.

   (G) The responsibility for redacting personal and financial data set forth in § 6-1464(A) rests solely with counsel and the parties. The clerk of the court shall not be required to review documents for compliance with this rule. If a clerk of the court identifies a violation of this rule, the clerk may, at his or her option, provide a redacted document for public access. However, the clerk electing to provide a redacted copy for public access shall maintain the original document without any alterations thereof, which document shall only be available to the court and the parties or the parties’ counsel.

Rule 64 adopted April 16, 2008. Renumbered and codified as § 6-1464, effective July 18, 2008. § 6-1464 amended September 24, 2008; § 6-1464(B) and (F) amended January 27, 2010; § 6-1464 amended July 13, 2010; § 6-1464(B) amended May 16, 2012; § 6-1464 amended February 27, 2013.

   (A) Civil Cases in Which a Party Has Been Named as a Debtor in a Voluntary or Involuntary Bankruptcy Petition. In any civil case pending before this court in which a party has been named as a debtor in a voluntary or an involuntary bankruptcy petition, a Suggestion of Bankruptcy petition and either (1) a certified copy of the bankruptcy petition, (2) a copy of the bankruptcy petition bearing the filing stamp of the clerk of the bankruptcy court, or (3) a copy of a "Notice of Bankruptcy Case Filing" generated by the Bankruptcy Court’s electronic filing system shall be filed by the party named as a debtor or by any other party with knowledge of the bankruptcy petition. Upon the filing of the Suggestion of Bankruptcy and one of the three bankruptcy documents noted immediately above, no further action will be taken in the case by the court or by the parties until it can be shown to the satisfaction of the court that the automatic stay imposed by 11 U.S.C. § 362 does not apply or that the automatic stay has been terminated, annulled, modified, or conditioned so as to allow the case to proceed. Such a showing shall be made by motion.

   (B) Request for Disbursements of Funds or Distribution of Property of or to a Party Named as a Debtor in a Bankruptcy Proceeding. In any civil case before the court in which a Suggestion of Bankruptcy and one of the three bankruptcy documents noted in § 6-1465(A) have been filed, no request for a disbursement of funds or distribution of property of or to a party named as a debtor shall be made, and no order disbursing funds or distributing property of or to a party named as a debtor will be entered. A request for disbursement of funds or distribution of property may be made after a showing, satisfactory to the court, that such funds or property has been abandoned by the trustee in bankruptcy or that the funds or property has been exempted by the debtor in the bankruptcy proceedings or that the party named as the debtor in the bankruptcy petition, rather than the trustee in bankruptcy, is otherwise entitled to disbursement of such funds or distribution of such property. Such a showing shall be made by affidavit.

Rule 64(A) and (B) amended October 23, 2002; Rule 64 renumbered to Rule 65 April 15, 2008. Renumbered and codified as § 6-1465, effective July 18, 2008.

   The following privacy rules shall apply to all pleadings and documents filed in all criminal actions in the county courts of Nebraska.

   (A) Redacted Filings. In any electronic or paper filing with the court that contains an individual’s Social Security number; a taxpayer identification number; a birth date; the name of an individual known to be a minor; or a financial account number, a party or nonparty making the filing may include only, unless otherwise ordered by the court:

   (1) a reference to Social Security number or taxpayer identification number (no digits);

   (2) the year of the individual’s birth;

   (3) a minor child’s initials;

   (4) the last four digits of a financial account number.

   (B) Exemptions. The redaction requirement does not apply to the following:

   (1) the date of birth of a defendant or person subject to detention;

   (2) the name of a defendant or person subject to detention;

   (3) a financial account number or real property address that identifies the account or property allegedly subject to forfeiture in a forfeiture proceeding;

   (4) the record of an administrative or agency proceeding;

   (5) the record of a court or tribunal, if that record was not subject to this rule when originally filed;

   (6) a filing covered by § 6-1466(C).

   (C) Filings Made Under Seal. The court may, on its own motion or for good cause shown, order that a filing be made under seal without redaction. The court may later unseal the filing or order the person who made the filing to file a redacted version for the public record.

   (D) Protective Orders. For good cause, the court may by order in a case:

   (1) require redaction of additional information; or

   (2) limit or prohibit a nonparty’s remote electronic access to a document filed with the court.

   (E) Option for Additional Unredacted Filing Under Seal. A person making a redacted filing may also file an unredacted copy under seal. The court shall retain the unredacted copy as part of the record, under seal.

   (F) Option for Filing a Reference List. A filing that contains information set forth as provided by § 6-1466(A) may be filed together with a reference list that identifies each item of redacted information and specifies an appropriate identifier that uniquely corresponds to each item listed. The reference list shall be filed under seal and may be amended as of right. The court shall retain the reference list as part of the record, under seal. Any reference in the case to a listed identifier will be construed to refer to the corresponding item of information as stated on the reference list.

   (G) The responsibility for redacting information set forth in § 6-1466(A) rests solely with counsel of record. The clerk of the court shall not be required to review documents for compliance with this rule. If a clerk of the court identifies a violation of this rule, the clerk may, at his or her option, provide a redacted document for public access. However, the clerk electing to provide a redacted copy for public access shall maintain the original document without any alterations thereof, which document shall only be available to the court and to the parties or counsel of record.

§ 6-1466 adopted February 27, 2013.

   These rules become effective September 1, 1995, supersede all existing local rules of practice, and shall govern the procedures in the district courts of the State of Nebraska.

   Each district court by action of a majority of its judges may from time to time recommend local rules concerning matters not covered by these rules and which are not inconsistent with any directive of the Nebraska Supreme Court or statutes of the State of Nebraska. Such recommended rules shall be submitted in writing and on a disk in a Microsoft Word compatible format. Any language that creates a rule or is to be added to a rule shall be underscored, and any language to be deleted from a rule shall be overstruck. Such recommended rules shall become effective upon the approval of the Supreme Court, at which time they shall be filed with the Clerk of the Supreme Court and Court of Appeals and be published in the Nebraska Advance Sheets. Once approved and published, copies thereof shall be made available to the bar and public through the office of the Clerk of the District Court recommending the rules.

Rule 1 amended October 14, 1999; amended June 5, 2002. Renumbered and codified as § 6-1501, effective July 18, 2008.

   The court may divide itself into such divisions in each district as it deems necessary for the effective administration of justice and may elect a presiding judge if necessary from among its number.

   (A) Form: All pleadings shall be on 8½ x 11-inch paper; type shall be 12 point (10 pitch pica) and black in color. Exhibits attached to pleadings shall be similarly prepared in permanent form, shall be readable, and shall not be subject to unusual fading or deterioration.

   (B) Identification of Pleadings: All petitions offered for filing shall plainly show the caption of the case, a description or designation of the contents, and on whose behalf they are filed. All further pleadings shall show the number of the case and the docket and page numbers, and a proof of service shall be endorsed upon the original copy.

   (C) Orders: All proposed orders shall be by separate document and not a part of any other pleadings.

   (D) Copies: Upon request, parties shall immediately furnish to the clerk clear and legible copies of any pleading, order, judgment, exhibit, or any other matter of record, in such numbers as necessary to enable the clerk to comply with the provisions of any statute or rule. This direction includes, but is not limited to, requirements or service of process and preparation of records on appeal.

   (E) Identification of Attorney: All pleadings shall be signed by an individual attorney, whether for himself or herself or on behalf of a firm; the name, address, telephone number, and bar identification number shall be typed under all signatures of attorneys appearing on each pleading.

   (F) Criminal Case Informations: Informations in criminal cases shall cite the statute under which each count of the information is brought and shall cite the class of offense and statute prescribing the penalty.

   (G) Improperly Filed Pleadings: Any pleading which does not conform to these rules will be subject to a motion to strike from the file or such other action as the court deems proper.

   (H) Attorneys: Active status verification. The court’s automated case management system may notify a court clerk that a filing has been received from an attorney who does not have an active license to practice law in Nebraska. Upon receipt of this notice, the clerk shall attempt to verify the attorney’s status as active. If the clerk cannot do so, the clerk shall notify the judge assigned to the case. If no judge has been assigned to the case, the clerk shall notify the presiding judge. See Neb. Rev. Stat. § 7-101.

§ 6-1503(H) amended May 8, 2013.

   (A) All applications for temporary custody, support, and maintenance shall comply with Nebraska statutes.

   (B) All applications for temporary support and allowances shall be determined without testimony upon argument and affidavits setting forth information required by Nebraska Child Support Guidelines and Nebraska statutes.

   (C) A properly completed Department of Health Bureau of Vital Statistics form shall be filed with each petition for dissolution of marriage, and no decree will be entered unless each form is completed in full.

   (D) If any case contains an order or judgment for child or spousal support, or for the payment of medical expenses, the order shall include the following statements:

   (1) Delinquent child or spousal support shall accrue interest at the following rate: (insert the rate in effect on judgments as published in the applicable issue of the Nebraska Advance Sheets).

   (2) If immediate income withholding is not required by law to be ordered in a case and is not so ordered, the following statement shall be included:

In the event the obligor fails to pay any child support, spousal support, or other payment ordered to be made through the clerk of the district court, as such failure is certified each month by said clerk in cases in which court-ordered support is delinquent in an amount equal to the support due and payable for a one-month period of time, the obligor shall be subject to income withholding and may be required to appear in court and show cause why such payment was not made. In the event the obligor fails to pay and appear as ordered, a warrant shall be issued for his or her arrest.

   (3) If, regardless of whether payments are in arrears, the court orders income withholding pursuant to Neb. Rev. Stat. § 43-1718.01 or § 43-1718.02, the statement specified in § 6-1504(D)(2) shall be altered to read as follows:

   In the event the obligor fails to pay any child, spousal support, or medical payment, as such failure is certified each month by the district court clerk in cases in which court-ordered support is delinquent in an amount equal to the support due and payable for a one-month period of time, the obligor may be required to appear in court and show cause why such payment was not made. In the event the obligor (respondent or petitioner) fails to pay and appear as ordered, a warrant shall be issued for his or her arrest.

   (E) Any order for support presented to the court shall require the obligor to furnish to the clerk of the court his or her address, telephone number, social security number, the name of his or her employer, and the name of his or her health insurance carrier, if any, together with the number of the policy and the address at which claims are to be submitted. The order shall further require the obligor to advise the clerk of any changes in such information until the judgment has been fully paid. If both parents are parties to the action, such order shall provide that each be required to furnish to the clerk of the court whether he or she has access to employer-related health insurance coverage and, if so, the health insurance policy information.

   (F) A worksheet showing calculations under the Nebraska Child Support Guidelines shall be attached to every child support application, order, or decree and shall be prepared by the party requesting child support, except that in a contested matter the worksheet shall be prepared by the court and attached to the order or decree.

Rule 4(D)(2) and (3) amended April 17, 1996; Rule 4(F) amended January 3, 1997; Rule 4 amended May 19, 2004; Rule 4(D) deleted and (4)(E)-(G) renumbered to (4)(D)-(F)). Renumbered and codified as § 6-1504, effective July 18, 2008.

   (A) Paper: Briefs shall be typed on 8½ x ll-inch paper; type shall be 12 point (10 point pica) and black in color.

   (B) Distribution: The original brief shall be presented to the judge and not filed with the clerk, with a copy served upon opposing counsel; proof of such service shall be endorsed on the original brief.

   (C) Citations: Citation to authorities shall conform to generally accepted uniform standards of citation; citation of Nebraska cases shall include  the Nebraska Reports or the Nebraska Appellate Reports and North Western Reporter citation.

   (A) Civil cases in which a party has been named as a debtor in a voluntary or involuntary bankruptcy petition. In any civil case pending before this court in which a party has been named as a debtor in a voluntary or involuntary bankruptcy petition, a Suggestion of Bankruptcy and either (1) a certified copy of the bankruptcy petition, (2) a copy of the bankruptcy petition bearing the filing stamp of the clerk of the bankruptcy court, or (3) a copy of a "Notice of Bankruptcy Case Filing" generated by the Bankruptcy Court’s electronic filing system shall be filed by the party named as a debtor or by any other party with knowledge of the bankruptcy petition. Upon the filing of the Suggestion of Bankruptcy and one of the three bankruptcy documents noted immediately above, no further action will be taken in the case by the court or by the parties until it can be shown to the satisfaction of the court that the automatic stay imposed by 11 U.S.C. § 362 does not apply or that the automatic stay has been terminated, annulled, modified, or conditioned so as to allow the case to proceed. Such a showing shall be made by motion.

   (B) Requests for disbursement of funds or distribution of property of or to a party named as a debtor in a bankruptcy proceeding. In any civil case in which a Suggestion of Bankruptcy and one of the three bankruptcy documents noted in § 6-1506(A) have been filed, no request for a disbursement of funds or distribution of property of or to a party named as a debtor shall be made, and no order disbursing funds or distributing property of or to a party named as debtor will be entered. A request for disbursement of funds or distribution of property may be made after a showing, satisfactory to the court, that such funds or property has been abandoned by the trustee in bankruptcy or that the funds or property has been exempted by the debtor in the bankruptcy proceedings or that the party named as debtor in the bankruptcy petition, rather than the trustee in bankruptcy, is otherwise entitled to disbursement of such funds or distribution of such property. Such a showing shall be made by affidavit.

Rule 6(A) and (B) amended October 23, 2002. Renumbered and codified as § 6-1506, effective July 18, 2008.

   Upon the filing of a foreign judgment and affidavit as required by statute, the clerk of the district court shall, within 10 days of such filing, mail notice of the filing of the foreign judgment to the judgment debtor at the address provided within the affidavit.

Rule 7 amended June 28, 1995. Renumbered and codified as § 6-1507, effective July 18, 2008.

   When a party is entitled to have a monetary judgment or an amount determined to be due by default based upon a contract action, such party shall submit, with the order entering judgment, a statement of the principal amount due, which shall not exceed the amount sued for, showing credit for any payments and the amounts and dates thereof, and a separate computation of interest, if prayed for, to date of judgment. To such statement shall be appended an affidavit of the party or his or her attorney showing that the party against whom judgment is sought is not a minor or incompetent person or in the military service, that such amount shown by the statement is justly due and owing, and that no part thereof has been paid except as set forth in the statement.

   When a party is entitled to a monetary judgment on all other actions, such party shall adduce evidence in proof of damages. Such evidence shall be under oath unless waived by the court. Such party, in addition, shall submit an affidavit of the party or the party's attorney that the party against whom the judgment is sought is not a minor or incompetent person or in the military service.

   If further documentation, proof, or hearing is required, the court shall so notify the moving party.

   It shall be the duty of attorneys to immediately notify the court of the dismissal, settlement, or other final disposition of any case. Upon notice to the court or to the clerk that an action has been settled, counsel shall file, within 30 days thereafter, unless otherwise directed by written order, such pleadings as are necessary to terminate the action; upon failure to do so, the court may order dismissal of the action without further notice and without prejudice to the right to secure reinstatement of the case within 60 days after the date of said order by making a showing of good cause as to why settlement was not in fact consummated.

   Upon motion for withdrawal and notice to all counsel and the client involved, an attorney who has appeared of record in a case may be given leave to withdraw for good cause shown after filing with the clerk the motion, notice of hearing, and proof of service upon counsel and the client involved.

   Upon entry of any final order in any case, and after the time for appeal has expired, the attorney of record shall no longer be deemed to continue as the attorney of record unless he or she shall have entered a new appearance in the case.

   When an attorney is discharged by his or her client, the attorney shall forthwith file notice thereof in the case and serve opposing counsel therewith.

   (A) Attendance: All parties and their attorneys shall be present in the courtroom and prepared to proceed at the hour set for hearing by the court. Unjustified failure to appear shall subject the case to dismissal or disciplinary action to the attorneys concerned.

   (B) Attire: Attorneys shall be attired in ordinary business wear.

   (C) Conduct in Courtroom: When the judge enters the courtroom, those present shall rise and remain standing until the judge is seated. When sessions of court are recessed or concluded, those present shall remain in their seats until the judge or jury has left the courtroom.

   Except when it is necessary for counsel to approach a witness or exhibit, the examination of witnesses shall be conducted while seated at the counsel table or, if the courtroom is equipped with an attorney's lectern, from the lectern.

   Except upon express permission of the judge, all communications to the court shall be made from the counsel table or lectern.

   Counsel shall not approach opposing counsel, the bench, the witness, the court reporter's desk, the clerk's desk, or otherwise move from the counsel table or lectern without the permission of the court, except to make a voir dire examination, opening statement, or closing argument, or to present an exhibit for identification.

   Counsel shall not participate in colloquy with opposing counsel, whether audible or inaudible, without the permission of the court.

   If any counsel, including co-counsel, wishes to leave the courtroom, permission of the court shall be obtained. No counsel shall leave during the testimony of any witness he or she is examining, or has examined, without the permission of the court.

   Witnesses and parties shall be referred to and addressed by their surnames. Only one counsel for each party shall examine a witness or make objections during the testimony of such witness.

   Counsel shall not approach a witness without permission of the court.

   All persons entering the courtroom while court is in session shall be seated immediately and shall conduct themselves in a quiet and orderly manner. No person shall smoke, eat, drink beverages, or engage in other distracting conduct in the courtroom while court is in session.

   No person shall possess any firearm or other dangerous weapon in the courtroom or in any public area adjacent to it without the permission of the court.

   Upon order of the court, any person may be subjected to a search of his or her person and possessions for any weapons, destructive device, or components thereof.

   Jurors, either prospective or selected, shall not mingle or converse with counsel, litigants, witnesses, or spectators during the trial of a case.

   (A) Sheriff's Duties: The sheriff or designated deputy shall be in attendance at all times when the court is in session, unless excused by the court.

The sheriff shall maintain order in the courtroom and shall correct or repress all improper deportment so as not to interrupt the orderly process of the court, without any express order from the court.

   (B) Bailiff's Duties: The bailiff shall have and carry out such duties as may be assigned to the bailiff by the court, including, but not limited to, the following:

Before beginning each session of court, the bailiff shall see that the jury and all required court personnel are in their proper places, and the bailiff shall notify the court. The bailiff shall be responsible for the comfort and welfare of any juror under the bailiff's charge and for compliance with the rules attendant on jurors. The bailiff shall immediately notify the court of all communications from the jurors to the bailiff, and the bailiff shall not respond to any such communication without the direction of the court.

   (C) Duties of the Clerk of the Court:

   (1) The clerk of the district court shall be present at all times during the sessions of the court, either in person or by deputy, unless excused by the court.

   (2) The clerk shall prepare and maintain such dockets and records as may be required by the court, Supreme Court rule, or the statutes of Nebraska.

   (3) The clerk shall have the following duties in addition to all statutory duties, if so directed by the court:

   (a) The clerk shall immediately, upon receipt, notify the court and sheriff of the return of any mandate from the Nebraska Supreme Court in every criminal case, and notify the court in every civil case.

   (b) The clerk shall have such other and additional duties, not inconsistent with the responsibilities of the office, as may be directed by the court.

   All court personnel, including, but not limited to, sheriffs, deputy sheriffs, court clerks, bailiffs, court reporters, law clerks, secretaries, or other employees of the court shall not disclose, without authorization by the court, to any person any information relating to a pending case that is not part of the public records of the court.

   Court personnel shall not communicate in any form or manner, directly or indirectly, with any member of a jury panel, any venireperson, or any juror any facts, opinions, or information of any nature directly or indirectly related to any cause pending before the court to which personnel are assigned.

   (A) Statements Not to be Made: A lawyer shall not make an extrajudicial statement that the lawyer knows or reasonably should know will have a substantial likelihood of materially prejudicing an adjudicative proceeding. An extrajudicial statement ordinarily is likely to have such an effect when it refers to a civil matter triable to a jury, or a criminal matter or proceeding that could result in incarceration, and the statement relates to:

   (1) The character, credibility, reputation, or criminal record of a party, suspect in a criminal investigation, or witness, or the identity of a witness, or the expected testimony of a party or witness;

   (2) The performance or results of any examination or test or the refusal or failure of a person to submit to an examination or test, or the identity or nature of physical evidence expected to be presented;

   (3) Any opinion as to the guilt or innocence of a defendant or suspect in a criminal case or proceeding that could result in incarceration; or

   (4) Information the lawyer knows or reasonably should know is likely to be inadmissible as evidence in a trial and would, if disclosed, create a substantial risk of prejudicing an impartial trial.

   (B) Statements Which May be Made: A lawyer involved in the investigation or litigation of a matter may state without elaboration:

   (1) The general nature of the claim or defense;

   (2) Information contained in a public record;

   (3) That investigation of the matter is in progress, including the general scope of the investigation, the offense, claim, or defense involved, and, except when prohibited by law, the identity of the person involved;

   (4) The scheduling or result of any step in litigation;

   (5) A request for assistance in obtaining evidence and information necessary thereto;

   (6) A warning of danger concerning the behavior of a person involved, when there is reason to believe that such danger exists; and

   (7) In a criminal case, a lawyer may disclose:

   (a) The identity, residence, occupation, and family status of the defendant or suspect;

   (b) If the defendant or suspect has not been apprehended, information necessary to aid in apprehension of that person;

   (c) The fact, time, and place of arrest, and resistance, pursuit, and use of weapons; and

   (d) The identity of investigating and arresting officers or agencies and the length of that investigation.

   Every purchaser at a judicial sale held by a sheriff, receiver, referee, or master commissioner, except a lienholder to the extent that he or she uses his or her lien as his or her bid, shall, at the time of acceptance of the bid, deposit with the sheriff, receiver, referee, or master commissioner, a sum equal to 15 percent of the bid to be held for disposition on the further order of the court.

   (A) Voir Dire Examination of Prospective Jurors:

   (1) Questions are to be asked collectively of the entire panel whenever possible.

   (2) The case may not be argued in any way while questioning the jurors.

   (3) Prospective jurors may not be questioned concerning anticipated instructions or theories of law and may not be asked for promises or commitments as to the kind of verdict they would return under any given circumstance.

   (B) Objections and Motions: Objections and motions during trial, and the grounds therefor, shall be briefly and succinctly stated to the trial judge. If either counsel desires to be heard further, a request may be made to the trial judge, but arguments on such matters shall not be made without permission of the court.

   (C) Argument to Jury: The length of time allotted to each side for the final argument shall be determined by the court, after giving due consideration to the nature and duration of the trial and the amount of time requested by each side.

   In order to fulfill the purpose of Neb. Rev. Stat. § 29-2524.01, the following procedure is established: The county attorney shall complete the reporting form (Appendix 1) and forward the form to the State Court Administrator within 30 days of the disposition of the case.

Rule 17 adopted November 18, 1998. Renumbered and codified as § 6-1517, effective July 18, 2008; § 6-1517 amended May 8, 2013.

   Within 10 days of filing the bill of exceptions in an appeal to the district court, the appellant shall file with the district court a statement of errors which shall consist of a separate, concise statement of each error a party contends was made by the trial court. Each assignment of error shall be separately numbered and paragraphed. Consideration of the cause will be limited to errors assigned and discussed, provided that the district court may, at its option, notice plain error not assigned. This rule shall not apply to small claims appeals.

Rule 18 amended November 18, 1998. Renumbered and codified as § 6-1518, effective July 18, 2008.

   Upon the showing of good cause, a rule may be suspended in a particular instance in order to avoid a manifest injustice.

Rule 19 amended November 18, 1998. Renumbered and codified as § 6-1519, effective July 18, 2008.

   Any bill of exceptions prepared for appeal of a case to the Supreme Court or Court of Appeals and filed in the office of the clerk of the district court shall be made available for checkout to an attorney of record for a period of 30 days. A receipt shall be signed for such record and left with the clerk. If counsel is notified by the clerk of the district court within the 30-day checkout period that the bill of exceptions is required for filing with the appellate courts pursuant to Neb. Ct. R. App. P. § 2-105(B)(3), the attorney shall immediately return the record to the clerk of the district court.

   In the event that a brief date extension is requested by counsel of record pursuant to Neb. Ct. R. App. P. § 2-109, and the same is granted, the clerk of the district court shall afford counsel additional time to retain such bill of exceptions to complete the appellate brief. Such additional time shall be for either (1) a period not to exceed the date established as the Final Brief Date in the appellate court order or (2) a period of 30 days if no Final Brief Date is set therein. A copy of such extension request and order granting the same shall be sent to the clerk of the district court by counsel making such request.

   Any litigant is entitled to inspect the original transcript and bill of exceptions in his or her case at the office of the clerk of the trial court. Transcripts and bills of exceptions shall not be checked out to litigants. Any nonincarcerated litigant is entitled to obtain a copy of his or her transcript or bill of exceptions by filing a written request with the clerk of the trial court. A copy of the transcript shall be prepared by the clerk of the trial court and a copy of the bill of exceptions shall be prepared at litigant’s cost unless the litigant has been allowed to proceed in forma pauperis in the action in which the request for a record has been made. Except for good cause shown, any additional copies of the transcript and/or the bill of exceptions once provided to a litigant on an in forma pauperis basis shall be prepared at the litigant’s costs.

   When a request is made to the clerk of the trial court for a transcript of pleadings by or on behalf of any incarcerated person, the clerk of the trial court shall prepare two copies, one to be filed in the court to which the matter is being appealed and one to be sent to the incarcerated person at the correctional center where he or she resides. The cost shall be paid by the person making the request unless the person has been allowed to proceed in forma pauperis in the action in which the request for a record has been made. Except for good cause shown, any additional copies of the transcript once provided to a litigant on an in forma pauperis basis shall be prepared at the litigant’s cost.

   When a request is made by or on behalf of any incarcerated person for a bill of exceptions, "court reporting personnel," as defined by Neb. Ct. R. § 1-204(A)(1), shall prepare or have prepared the original to be filed with the clerk of the trial court. Court reporting personnel shall also prepare or have prepared a duplicate copy at the statutory rate for copies and send it to the incarcerated person at the correctional center where he or she resides. The copy shall contain the index of exhibits but shall not include exhibits. The cost shall be paid by the person making the request unless that person has been allowed to proceed in forma pauperis in the action in which the request for a record has been made. Except for good cause shown, any additional copies of the bill of exceptions once provided to a litigant on an in forma pauperis basis shall be prepared at the litigant’s cost. An incarcerated person may request copies of exhibits by filing a motion with the court having jurisdiction of the case.

   Where a request for a copy of a transcript or a bill of exceptions is made on an in forma pauperis basis and an action is not pending, good cause must be shown by the litigant making the request for the necessity of a copy. A copy shall be provided only upon an order of the court.

Rule 20 adopted December 29, 1999; amended September 27, 2000; amended May 21, 2003. Renumbered and codified as § 6-1520, effective July 18, 2008; § 6-1520 amended June 9, 2010.

   The following privacy rules shall apply to all pleadings, documents, exhibits, court orders, judgments, and decrees filed in all civil actions in the district courts of Nebraska:

   (A) This rule seeks to prevent birth dates, Social Security numbers, and financial account numbers of all persons, including minor children, from being included in court records generally available to the public.

   (B) The personal and financial information identified in § 6-1521(A) shall be set forth in a separate document as set forth in Appendix 3 to these rules. Such separate document shall be submitted in either electronic form or paper form. If the document is submitted in paper form, it shall contain, at the top of the first page, the following language, in bold type: This document is confidential and shall not be made part of the court file or provided to the public pursuant to Neb. Ct. R. § 6-1521. The clerk of the court shall keep the document separate from the case file but accessible to judges and court staff. If the document is submitted in electronic form, or converted from paper form to electronic form, the electronic document or the data contained therein may be reproduced or stored in JUSTICE or other court case and financial management system and the paper form shall not be submitted. Such electronic document, image, or data shall be electronically marked and shall not be accessible or viewable by the public, except as expressly authorized by written court order. Otherwise, access to such electronic documents, images, or data by governmental agencies and officials shall be implemented by agency agreements approved by the Nebraska Supreme Court. Application for access to such electronic document, image, or data by government agencies and officials shall be made by such agency or official on the form provided at Appendix 4 and submitted to the Administrative Office of the Courts, Deputy State Court Administrator for Information Technology, and shall set forth statutory citation(s) or other express authority authorizing the agency or official such access to personal and financial information as identified in § 6-1521(A) and/or information as contained on the Appendix 3 document.. The Appendix 3 information shall be provided to the child support division of the Nebraska Department of Health and Human Services, but shall not otherwise be made available without further court order. The form in Appendix 3 may be used in any civil case and shall be protected as stated above.

   (C) The personal and financial information identified in § 6-1521(A) shall not be included in any pleading or document submitted by a party or counsel for filing with the court, except by reference to a separate Appendix 3 document. An Appendix 3 document shall be separately tendered with any such pleading or other document, and if the Appendix 3 document is submitted in electronic form, it shall be identified in the filing transmittal as a confidential Appendix 3 submission. The form in Appendix 3 is mandatory with respect to the information identified in § 6-1521(A), but a party, attorney, or court may include in the Appendix 3 form additional personal or financial information sought to be protected. 

   (D) The personal and financial information identified in § 6-1521(A) shall not be included in any court order, judgment, or decree, including, but not limited to, any decree of dissolution of marriage, decree of legal separation, order of paternity, qualified domestic relations order, or other child support order or order of modification, except by reference to a separate Appendix 3 document. Where the court finds that an order, judgment, or decree must contain Social Security numbers or other personal information stated in § 6-1521(A), the court shall have the original order sealed and provide in the case file a redacted version of the order for public view.

   (E) No exhibit used at trial shall contain a complete account number for any financial accounts or debts of any party. The same shall be redacted by the person offering the exhibit to the extent necessary to protect the information from misuse. By agreement of the parties, or as directed by the court, financial account information shall be identified in all pleadings, other documents and court orders, judgments, or decrees in such a manner as the parties, counsel, court, and jury may be able to distinguish information between similar accounts or debts, or as may be necessary to establish relevance to the matter being litigated.

   (F) The name, birth date, gender, and Social Security number information of parties sought to be protected by this rule may be furnished to the clerk of the court by the parties prior to issuance of any order or decree. This information shall be furnished in electronic form through the e-filing application or by submitting the form provided in Appendix 3. Protection of this information shall be as set forth in § 6-1521(B). Where a party or counsel is required by statute or rule to furnish information identified in § 6-1521(A) to a court or clerk of the court but such information is not required to be filed, the clerk of the court shall not place such information in the court file or allow such information to be accessible, either in paper or electronic form, to the public.

   (G) The responsibility for redacting personal and financial data set forth in § 6-1521(A) rests solely with counsel and the parties. The clerk of the court shall not be required to review documents for compliance with this rule. If a clerk of the court identifies a violation of this rule, the clerk may, at his or her option, provide a redacted document for public access. However, the clerk electing to provide a redacted copy for public access shall maintain the original document without any alterations thereof, which document shall only be available to the court and the parties or the parties’ counsel.

Rule 21 adopted April 16, 2008. Renumbered and codified as § 6-1521, effective July 18, 2008; § 16-1521(B) and (F) amended January 27, 2010; § 6-1521(B) amended May 16, 2012.

   (A) In any civil action in the District Court after issues have been joined the court may in its discretion direct the attorneys for the parties to appear before it for a conference to consider:

   (1) The simplification of issues;

   (2) The necessity or desirability of amendments to the pleadings;

   (3) The possibility of obtaining admissions of fact and of documents which will avoid unnecessary proof;

   (4) The limitation of the number of witnesses with a view of avoiding improper cumulative testimony;

   (5) The advisability of a preliminary reference of issues to a master for findings to be used as evidence when the trial is to be by jury;

   (6) Such other matters as may aid in the disposition of the action.

   (B) The court shall at the time of the pretrial hearing make a record of the proceedings which recites the action taken at the conference, the amendments allowed to the pleadings, and the amendments made by the parties as to any of the matters considered, and which limit the issues for trial to those not disposed of by admissions or agreements of counsel; that counsel shall forthwith acknowledge their assent thereto, or, in the alternative, state into the record any and all objections they may have thereto; and such order when entered controls the subsequent cause of the action, unless modified at the trial to prevent manifest injustice. The court in its discretion may establish by rule a pretrial calendar on which actions may be placed for consideration as above provided and may either confine the calendar to jury actions or to nonjury actions or extend it to all actions.

   The following rule shall apply to all district courts in the State of Nebraska pursuant to Neb. Rev. Stat. § 25‑2209.

   (A) Each district court shall maintain the following records:

   (1) Appearance Docket

   (2) Trial Docket

   (3) Journal

   (4) Complete Record

   (5) Execution Docket

   (6) Fee Book

   (7) General Index

   (8) Judgment Record

   (9) Case File

   Unless otherwise specified herein, all records listed above shall be maintained on the State of Nebraska’s electronic case management system known as JUSTICE (Judicial Users System to Improve Court Efficiency) in courts where such system has been installed. Interim use of an alternative case management system shall be permitted only until JUSTICE become operational in such court, but in no event longer than 18 months following the effective date of this rule.

   (B) Appearance docket.

   The appearance docket is a summary of the case and is kept chronologically as cases are filed. The appearance docket shall provide the following information:

   (1) case type,

   (2) filing dates of petition and all subsequent pleadings,

   (3) names of parties and their counsel,

   (4) date of issuance of, return date of, and the return of summons,

   (5) cost summary, and

   (6) posting references to other records.

   The appearance docket shall be maintained in electronic format in JUSTICE’s Register of Actions (UPDROA).

   (C) Trial docket.

   The trial docket is a listing of cases at issue in the order they were made up and should serve as the order in which the cases are called for trial.

   The trial docket shall be maintained in electronic format in JUSTICE’s Case Scheduler (SCHCASE) or in an alternative manual or electronic calendaring system. Information on status and progression are provided on Judge’s Notes (UPDJNOTE).

District Court Records Model Rule II amended September 13, 2000. Renumbered and codified as § 6-1525, effective July 18, 2008; amended and incorporated into § 6-1523 December 23, 2008.

   (D) Journal.

   A journal is a record of the court in which all judgments and orders must be entered and must clearly specify the relief granted or order made in the action.

   The journal shall be compiled and filed on microfilm, in a paper volume, or, for documents electronically filed, as an electronic image accessed through JUSTICE Add Actions Screen (ADDACTS).

District Court Records Model Rule III amended September 13, 2000. Renumbered and codified as § 6-1526, effective July 18, 2008; amended and incorporated into § 6-1523 December 23, 2008.

   (E) Complete record.

   The clerk shall make a complete record of every cause, as soon as it is finally determined, unless such record, or some part thereof, is duly waived. The complete record shall contain the following:

   (1) petition,

   (2) process,

   (3) return,

   (4) pleadings subsequent thereto,

   (5) reports,

   (6) verdicts,

   (7) orders,

   (8) judgments,

   (9) all material acts and proceedings of the court, and

   (10) by reference, all journal entries and all such filings as are required to be entered in full in the appearance dockets.

   The complete record shall be compiled and filed on microfilm, in a paper volume, or, for documents electronically filed, as an electronic image accessed through JUSTICE Add Actions Screen (ADDACTS).

   (F) Execution docket.

   The execution docket provides a ready reference to the activities of the sheriff regarding attachments and executions filed in a case. It records liens and encumbrances on land.

   The execution docket shall be maintained in electronic format in JUSTICE’s Receipt/Disbursement History (RDHIST), Basic Judgment Information (RCDBJDG), Complex Judgment Information (RCDCJDG), and Register of Actions (UPDROA).

   (G) Fee book.

   The fee book is the financial accounting record of the court.  It records all money receipted and disbursed by the court and the receipts and disbursements of all money held in trust.

   The fee book shall be maintained in electronic format in JUSTICE’s Receipt/Disbursement History (RDHIST) and Costs Worksheet (COSTWORK).

   (H) General index.

   The general index is an alphabetical listing of names of the parties to the suit, both direct and inverse, with the case ID where all proceedings in such action may be found.

   The general index shall be maintained in electronic format in JUSTICE’s General Index (GENINDX).

   (I) Judgment record.

   The judgment record shall contain:

   (1) the names of the judgment debtor and judgment creditor, arranged alphabetically,

   (2) the date of judgment,

   (3) the amount of judgment and costs,

   (4) the case ID where judgment may be found.

   Transcripts of judgments from county courts filed in the district court shall be entered upon the judgment record, and whenever any judgment is paid and discharged, the clerk shall enter such fact upon the judgment record.

   The judgment record shall be maintained in electronic format in JUSTICE’s Judgment Inext (JDGINDX) and Judgment Inquiry (JDGINQ).

   (J) Case file.

   Each district court shall maintain a case file which is numbered with an electronically generated case number. Each case shall be accessible alphabetically through the General Index (GENINDX) in JUSTICE.  The case file shall contain all pleadings, journal entries, court actions, orders, judgments, verdicts, postjudgment actions, and other documents filed in the case.

   The case file shall be maintained either in a paper volume, on microfilm, or for documents electronically filed, as an electronic image accessed through JUSTICE Add Actions Screen (ADDACTS).

Rules 22 – 32 (exclusive of Rule 21) adopted October 15, 1992; amended June 4, 2008, effective June 18, 2008. Renumbered and codified as §§ 6-1522 – 6-1532, effective July 18, 2008; amended and incorporated into § 6-1523 December 23, 2008.

   The following privacy rules shall apply to all pleadings and documents filed in all criminal actions in the district courts of Nebraska.

   (A) Redacted Filings. In any electronic or paper filing with the court that contains an individual’s Social Security number; a taxpayer identification number; a birth date; the name of an individual known to be a minor; or a financial account number, a party or nonparty making the filing may include only, unless otherwise ordered by the court:

   (1) a reference to Social Security number or taxpayer identification number (no digits);

   (2) the year of the individual’s birth;

   (3) a minor child’s initials;

   (4) the last four digits of a financial account number.

   (B) Exemptions. The redaction requirement does not apply to the following:

   (1) the date of birth of a defendant or person subject to detention;

   (2) the name of a defendant or person subject to detention;

   (3) a financial account number or real property address that identifies the account or property allegedly subject to forfeiture in a forfeiture proceeding;

   (4) the record of an administrative or agency proceeding;

   (5) the record of a court or tribunal, if that record was not subject to this rule when originally filed;

   (6) a filing covered by § 6-1524(C).

   (C) Filings Made Under Seal. The court may, on its own motion or for good cause shown, order that a filing be made under seal without redaction. The court may later unseal the filing or order the person who made the filing to file a redacted version for the public record.

   (D) Protective Orders. For good cause, the court may by order in a case:

   (1) require redaction of additional information; or

   (2) limit or prohibit a nonparty’s remote electronic access to a document filed with the court.

   (E) Option for Additional Unredacted Filing Under Seal. A person making a redacted filing may also file an unredacted copy under seal. The court shall retain the unredacted copy as part of the record, under seal.

   (F) Option for Filing a Reference List. A filing that contains information set forth as provided by § 6-1524(A) may be filed together with a reference list that identifies each item of redacted information and specifies an appropriate identifier that uniquely corresponds to each item listed. The reference list shall be filed under seal and may be amended as of right. The court shall retain the reference list as part of the record, under seal. Any reference in the case to a listed identifier will be construed to refer to the corresponding item of information as stated on the reference list.

   (G) The responsibility for redacting information set forth in § 6-1524(A) rests solely with counsel of record. The clerk of the court shall not be required to review documents for compliance with this rule. If a clerk of the court identifies a violation of this rule, the clerk may, at his or her option, provide a redacted document for public access. However, the clerk electing to provide a redacted copy for public access shall maintain the original document without any alterations thereof, which document shall only be available to the court and to the parties or counsel of record.

§ 6-1524 adopted February 27, 2013.

   Each separate juvenile court and the Workers' Compensation Court, by action of a majority of its judges, may from time to time recommend rules of practice concerning matters which are not inconsistent with any directive of the Supreme Court or statutes of the State of Nebraska. Such recommended rules shall become effective upon the approval of the Supreme Court, at which time they shall be filed with the Clerk of the Supreme Court and Court of Appeals, and be published in the Nebraska Advance Sheets. Once approved, copies thereof shall be made available to the bar and public through the office of the clerk of the court recommending the rules.

Rule 1 amended May 24, 1995; amended September 17, 1997. Renumbered and codified as § 6-1601, effective July 18, 2008.

   To the extent applicable to proceedings within the jurisdiction of the separate juvenile courts of Nebraska, Neb. Ct. R. § 6-1521 shall govern orders, filings, documents, and pleadings in the separate juvenile courts. Neb. Ct. R. § 6-1521 provides as follows:

   The following privacy rules shall apply to all pleadings, documents, exhibits, court orders, judgments, and decrees filed in all civil actions in the district courts of Nebraska:

   (A) This rule seeks to prevent birth dates, Social Security numbers, and financial account numbers of all persons, including minor children, from being included in court records generally available to the public.

   (B) The personal and financial information identified in § 6-1521(A) shall be set forth in a separate document as set forth in Appendix 3 to these rules. Such separate document shall be submitted in either electronic form or paper form. If the document is submitted in paper form, it shall contain, at the top of the first page, the following language, in bold type: This document is confidential and shall not be made part of the court file or provided to the public pursuant to Neb. Ct. R. § 6-1521. The clerk of the court shall keep the document separate from the case file but accessible to judges and court staff. If the document is submitted in electronic form, or converted from paper form to electronic form, the electronic document or the data contained therein may be reproduced or stored in JUSTICE or other court case and financial management system and the paper form shall not be submitted. Such electronic document, image, or data shall be electronically marked and shall not be accessible or viewable by the public, except as expressly authorized by written court order. Otherwise, access to such electronic documents, images, or data by governmental agencies and officials shall be implemented by agency agreements approved by the Nebraska Supreme Court. Application for access to such electronic document, image, or data by government agencies and officials shall be made by such agency or official on the form provided at Appendix 4 and submitted to the Administrative Office of the Courts, Deputy State Court Administrator for Information Technology, and shall set forth statutory citation(s) or other express authority authorizing the agency or official such access to personal and financial information as identified in § 6-1521(A) and/or information as contained on the Appendix 3 document.. The Appendix 3 information shall be provided to the child support division of the Nebraska Department of Health and Human Services, but shall not otherwise be made available without further court order. The form in Appendix 3 may be used in any civil case and shall be protected as stated above.

   (C) The personal and financial information identified in § 6-1521(A) shall not be included in any pleading or document submitted by a party or counsel for filing with the court, except by reference to a separate Appendix 3 document. An Appendix 3 document shall be separately tendered with any such pleading or other document, and if the Appendix 3 document is submitted in electronic form, it shall be identified in the filing transmittal as a confidential Appendix 3 submission. The form in Appendix 3 is mandatory with respect to the information identified in § 6-1521(A), but a party, attorney, or court may include in the Appendix 3 form additional personal or financial information sought to be protected.

   (D) The personal and financial information identified in § 6-1521(A) shall not be included in any court order, judgment, or decree, including, but not limited to, any decree of dissolution of marriage, decree of legal separation, order of paternity, qualified domestic relations order, or other child support order or order of modification, except by reference to a separate Appendix 3 document. Where the court finds that an order, judgment, or decree must contain Social Security numbers or other personal information stated in § 6‑1521(A), the court shall have the original order sealed and provide in the case file a redacted version of the order for public view.

   (E) No exhibit used at trial shall contain a complete account number for any financial accounts or debts of any party. The same shall be redacted by the person offering the exhibit to the extent necessary to protect the information from misuse. By agreement of the parties, or as directed by the court, financial account information shall be identified in all pleadings, other documents and court orders, judgments, or decrees in such a manner as the parties, counsel, court, and jury may be able to distinguish information between similar accounts or debts, or as may be necessary to establish relevance to the matter being litigated.

   (F) The name, birth date, gender, and Social Security number information of parties sought to be protected by this rule may be furnished to the clerk of the court by the parties prior to issuance of any order or decree. This information shall be furnished in electronic form through the e-filing application or by submitting the form provided in Appendix 3. Protection of this information shall be as set forth in § 6-1521(B). Where a party or counsel is required by statute or rule to furnish information identified in § 6-1521(A) to a court or clerk of the court but such information is not required to be filed, the clerk of the court shall not place such information in the court file or allow such information to be accessible, either in paper or electronic form, to the public.

   (G) The responsibility for redacting personal and financial data set forth in § 6-1521(A) rests solely with counsel and the parties. The clerk of the court shall not be required to review documents for compliance with this rule. If a clerk of the court identifies a violation of this rule, the clerk may, at his or her option, provide a redacted document for public access. However, the clerk electing to provide a redacted copy for public access shall maintain the original document without any alterations thereof, which document shall only be available to the court and the parties or the parties’ counsel.

§ 6-1701(B) and (F) amended January 27, 2010; § 6-1701(B) amended May 16, 2012.

   Each separate juvenile court by action of a majority of its judges may from time to time recommend other local rules not inconsistent with these rules nor inconsistent with any directive of the Supreme Court or statutes of the State of Nebraska. Such recommended rules shall become effective upon approval by the Supreme Court, at which time they shall be published in the Nebraska Advanced Sheets.

   The court’s automated case management system may notify a court clerk that a filing has been received from an attorney who does not have an active license to practice law in Nebraska. Upon receipt of this notice, the clerk shall attempt to verify the attorney’s status as active. If the clerk cannot do so, the clerk shall notify the judge assigned to the case. If no judge has been assigned to the case, the clerk shall notify the presiding judge. See Neb. Rev. Stat. § 7-101.

§ 6-1703 adopted May 8, 2013.

   (A)(1) If a court concludes that evidence in a proceeding falls within the scope of Neb. Rev. Stat. § 27-1301, and based thereon limits access to or reproduction of such evidence, the court shall, unless otherwise required by law, constantly and continuously retain care, custody, and control of such property or material, except upon a specific order of that court directing otherwise, such as pursuant to § 27-1301(3)(b).

   (2) If a party requests that such evidence be submitted to the appellate courts as part of the record on appeal, it shall be clearly and conspicuously identified as § 27-1301 property or material and shall be placed in a separate sealed envelope or container, as appropriate, prior to being forwarded to the clerk of the appellate court. The procedures within this rule shall apply to property or material falling within the scope of § 27-1301 which is introduced into evidence in a court proceeding, whether it is received or excluded by the court, if such evidence is retained by the court as part of the record in the case.

   (3) Upon return of such evidence to the trial court following disposition of an appeal, care, custody, and control of such material or property shall remain the responsibility of that court until such evidence is returned to the proper introducing attorney in accordance with Neb. Ct. R. §§ 6-501 through 6-505 or as otherwise ordered by the court.

   (B)(1) In all appeals involving property or material constituting visual depiction of sexually explicit conduct involving a child, as defined by § 27-1301, if such evidence is forwarded to the clerk of the court to which the appeal is taken, including a district court acting as an appellate court, and becomes part of the record on appeal, the appellate court shall constantly and continuously retain care, custody, and control of such material and it shall not be removed from the office of the clerk except upon order of that court.

   (2) The provisions of this rule shall apply to any § 27-1301 property or material at issue in an administrative agency proceeding where such property or material is subsequently filed with the record on appeal to any court.

   (A) For purposes of making property or material constituting visual depiction of sexually explicit conduct involving a child “reasonably available” to a defendant as required by Neb. Rev. Stat. § 27-1301(3)(a), any specialized equipment or facilities necessary for inspection, viewing, examination, and analysis of such evidence shall be the responsibility of the introducing attorney or law enforcement. Courts shall not be required to acquire or provide specialized equipment or establish new facilities to effectuate the purpose of § 27-1301(3)(a).

   (B) If a copy of property or material constituting visual depiction of sexually explicit conduct involving a child is provided to a defense expert pursuant to § 27-1301(3)(b) by any court or agency, any defendant or his or her attorney seeking further access to such evidence in any other court shall be required to show good cause for requiring such access.