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Separate Juvenile Court Local Rules

Uniform Separate Juvenile Court Rules of Practice and Procedure (Ch. 6, Art. 17 of the Official/Codified Supreme Court Rules)

Douglas County Juvenile Court

Rules of Practice and Procedure in the Separate Juvenile Courts of Douglas County, Nebraska

(Effective January 20, 2000)

1. Initial Statement

 

   These rules shall govern the procedure of this Juvenile Court so far as they are applicable and are not inconsistent with any statute of the State of Nebraska or any rule or order of the Nebraska Supreme Court having the force of law.
 
Adopted January 20, 2000. 

2. Decorum and Attire

 

   A Judge shall require order and decorum in proceedings before the Judge.
 
   Attorneys shall conduct themselves in a manner which promotes a positive image of the profession, assists the court in properly reviewing the case, and displays appropriate respect for the justice system. Specifically, an attorney who manifests professional courtesy and civility:
 
   a. Is punctual and prepared for all court appearances;
 
   b. Always interacts with parties, counsel, witnesses, court personnel, and the court with courtesy and respect;
 
   c. Makes objections during court proceedings for legitimate and good faith reasons and does not make such objections only for the purpose of harassment or delay; and
 
   d. Honors appropriate requests made by opposing counsel during court proceedings which do not prejudice his or her client's rights or sacrifice tactical advantage.
 
   All parties and their attorneys shall be present and prepared to proceed at the hour set for the hearing by the court. When the Judge enters the courtroom, those present shall rise and remain standing until the Judge is seated or until granted permission by the Judge to sit. Counsel shall not participate in colloquy with opposing counsel, whether audible or inaudible, without permission of the court. Attorneys shall examine witnesses and address the court from the attorney's table and shall not approach the bench, witness stand, court reporter, or opposing counsel or otherwise move from the counsel table, without first obtaining the permission of the court.
 
   Witnesses and parties shall be referred to and addressed by their surnames unless age or other circumstance allows for usage of their first name. Only one counsel for each party shall examine a witness or make objections during the testimony of such witness.
 
   In the discretion of the security officers or the court, any person may be subjected to a search of his or her person for possession of any weapons, destructive devices, or components thereof.
 
   Attorneys shall be attired in ordinary business wear. All parties, witnesses, and persons present in the courtroom shall be appropriately attired. The court may continue or delay hearing if any parties' appearance is inappropriate. The court may also cause the removal from the courtroom of any individual inappropriately attired.
 
   Cellular telephones, beepers, personal computers, or other such devices shall be turned off or otherwise disabled so as not to cause a disturbance during court proceedings.
 
Adopted effective January 22, 2000.

3. Pretrial Conferences

 

   Pretrial conferences will be on order of the court, consistent with Neb. Ct. R. of Dist. Ct. Pretrial Proc., and shall specify the date, hour, and location requirement placed upon counsel, the manner in which the conference will be held, and any other matters the court deems appropriate. It is strongly encouraged that any and all stipulations should be entered into at the time of the pretrial. If stipulations are to be made, all counsel and parties should be present for same.
 
   At the time of the pretrial conference, all counsel shall have spoken with their respective client and each other and shall be prepared to inform the court:
 
   a. Whether the matter will be contested;
 
   b. If contested, the estimate of time necessary to adjudicate;
 
   c. Whether in-chambers testimony will be requested and any other objections thereto;
 
   d. Whether any matters may be stipulated;
 
   e. Whether an interpreter of any nature will be required;
 
   f. Whether audiovisual equipment of any nature is required; and
 
   g. Whether there are any special health needs of counsel, parties, or witnesses requiring accommodation.
 
   All counsel shall timely supplement the above with respect to information obtained following the pretrial conference and occurring prior to adjudication.
 
Adopted January 22, 2000.

4. Motions

 

   All pretrial motions, unless otherwise stipulated by the parties, shall be in writing and contain a complete certificate of service and should be heard at least 5 days prior to the hearing unless otherwise governed by existing statutory or case law.
 
   Unless otherwise stipulated by the parties, all motions shall contain a notice of hearing and the party seeking the hearing shall obtain a date from the Judge to whom the case is assigned or the Judge's bailiff.
 
   In the event of vacation, extended illness, or prolonged absence of the Judge to whom the case is assigned, the parties seeking a hearing date shall obtain a hearing date from the presiding Judge of the Juvenile Court.
 
   A motion to continue can be filed disclosing that all other parties and counsel agree to the continuance in which case the court may grant the motion without a hearing.
 
   A motion to continue without agreement of opposing counsel and parties shall be set as previously outlined herein.
 
   A written denial may be filed by counsel for the minor on those petitions alleging a law violation or status offense. A written denial may be filed by counsel for the parent, guardian, or custodian on Neb. Rev. Stat. § 43-247(3)(a) cases.
 
   Motions for detention, endorsed summons, and such other ex parte orders shall be set and heard by the court within 24 hours of the detention occurrence, excluding nonjudicial days.
 
   All motions sought to be entered without a hearing shall be accompanied by a proposed order for the Judge's signature.
 
   Notice of all hearings shall be mailed or personally delivered to other counsel or party, if not represented by counsel, 3 full days prior to said hearing. The use of ordinary mail shall constitute sufficient compliance with this rule, except as may be otherwise specifically required by statute or rule of the Nebraska Supreme Court.
 
   A detention hearing concerning either delinquency or status cases shall be set and heard by the court within 24 hours of detention occurrence, excluding nonjudicial days.
 
   Ex parte orders for temporary custody obtained during nonjudicial days shall be heard by the next available judicial day.
 
Adopted effective January 22, 2000.

5. Guardian Ad Litem Reports

 

   Guardian ad litem reports should be delivered to all counsel, pro se parties, and the court at least 5 nonjudicial days prior to the hearing.
 
Adopted effective January 22, 2000.

6. Exhibits

 

   All documents, including, but not limited to, predisposition reports, case plans, and progress/probation reports shall be delivered to all counsel and pro se parties in the court at least 5 judicial days prior to the hearing in which the documents are to be offered. The party offering said exhibit shall have the exhibit separately marked by the court reporter prior to the start of the hearing. Exhibits shall not contain any unrelated attachments.
 
   All exhibits offered but not received by the court shall be returned to the court reporter unless leave is granted by the court to withdraw the exhibit.
 
Adopted effective January 22, 2000.

7. Pleadings

 

   All pleadings, motions, and proposed orders:
 
   a. Shall be printed or typewritten on paper 8½ inches wide and 11 inches long;
 
   b. Shall contain the name, address, Nebraska State Bar Association number, and telephone number of the attorney preparing the same;
 
   c. Shall include the caption of the case; and
 
   d. In the case of pleadings and motions shall designate its content and state on whose behalf it is filed.
 
   Subsequent to the filing of a petition, any party filing a pleading, motion, or proposed order shall serve a copy of the same upon all attorneys of record or parties of record, if not represented by counsel. A copy shall also be served upon an attorney for the Nebraska Department of Health and Human Services and/or the assigned probation officer. Service by regular first class U.S. mail shall be sufficient unless service by some other means is required by law. Any document filed subsequent to the petition shall contain a certificate of service pursuant to this rule. A parent in a case filed under Neb. Rev. Stat. § 43-247(3) may file an answer within 30 days of the date of service of the petition. If no answer is filed, the material allegations in the petition will be deemed to be denied.
 
Adopted effective January 22, 2000.

8. Briefs

 

   Briefs shall be typed on paper 8½ inches wide and 11 inches long.
 
   The original brief shall be delivered to the Judge rather than filed with the clerk. A copy shall be served on opposing counsel and any unrepresented parties. Service by first class U.S. mail shall be sufficient. Briefs shall contain a certificate of service indicating the time and manner of service.
 
   Citation to authorities shall conform to generally accepted standards of citation. Citation of Nebraska cases shall include both Nebraska Reports and Northwestern Reporter citations.
 
   The court may require briefs whenever briefs would be helpful to the court and may set a timetable. In the absence of a specific court order, a party receiving a brief may file a response within 14 days.
 
Adopted effective January 22, 2000.

9. Child Support Hearings

 

   Whenever the care or custody of a juvenile is given by the court to someone other than his or her parent, the county attorney or authorized attorney may initiate a child or medical support enforcement action in this court. Said action shall be initiated by the filing of an appropriate petition with service on the parent as required by law. The petition shall be filed under the docket number of the existing Juvenile Court case or may be filed as a separate action.
 
   If filed in the Juvenile Court, the county attorney or authorized attorney shall give notice of the filing of said action and of any hearings to the attorney of record for the parent in this court, if any; to the guardian ad litem for the juvenile, if any; and to an attorney for the Nebraska Department of Health and Human Services. Notice of any hearing shall be given by regular first class mail and shall be given as soon as possible, but at least 5 judicial days prior to the hearing.
 
   In said action, counsel are required to comply with the Nebraska Child Support Guidelines as promulgated and modified by the Nebraska Supreme Court. The county attorney or authorized attorney and the attorney for the parent, if any, shall complete a child support calculation worksheet pursuant to the guidelines and furnish the worksheet to opposing counsel or parties at least 3 days prior to any hearing on a request for child or medical support. The parties setting a child or medical support action for trial shall request sufficient time for trial of the case. Notice shall be given as set out above.
 
Adopted effective January 22, 2000.

10. Court Files

 

   Court files may be checked out by attorneys licensed to practice law in Nebraska or the attorney's representative. All other persons, including individuals appearing pro se, may review the court file and, for a fee, obtain copies of pleadings contained within the court file. Said court files must be returned within 3 days of checkout or 3 days before the next hearing in the case, whichever day occurs earlier. It is the responsibility of each person checking out the court files to be aware of the next hearing or trial date in the case.
 
Adopted effective January 22, 2000.

11. Appointment of Counsel and Fees

 

   The court will appoint counsel for any party determined indigent by the court and whenever else appointment of counsel would be appropriate.
 
   Court-appointed counsel may apply for payment of reasonable attorney fees by submitting a statement to the Clerk of the Juvenile Court, providing with specificity each service rendered, the date of each service rendered, and the amount of time expended thereto. Said statement should further include the attorney's name and the docket and page of the case. Further, court-appointed counsel shall sign each statement affirming the truth and veracity of same.
 
Adopted effective January 22, 2000.

12. Payment of Court Costs Procedure

 

   Generally, court costs ordered paid in Juvenile Court shall be paid to the Clerk of the District Court for Douglas County. Payor shall be able to provide docket and page of the case for appropriate credit. A copy of the receipt provided by the Clerk of the District Court for Douglas County shall be provided to the Clerk of the Juvenile Court.
 
Adopted effective January 22, 2000.

13. Nonjudicial Hours Contact

 

   Generally, emergency contact with the Court for ex parte orders or otherwise should first be attempted through the juvenile intake office of the Douglas County Juvenile Probation.
 
Adopted effective January 22, 2000. 

Lancaster County Juvenile Court

Rules of Practice and Procedure in the Separate Juvenile Court of Lancaster County, Nebraska

(Effective October 1, 2010)

 

   The following rules of practice and procedure have been adopted by the Lancaster County Separate Juvenile Court Judges and are effective upon approval by the Nebraska Supreme Court. They supersede all former rules of practice and procedure promulgated by this court.

Rule I. Organization of the Court

 

   The Lancaster County Separate Juvenile Court shall be a single division with each judge handling cases on an alternating assigned basis.

Rule II. Motions and Other Filings

 

   A. All motions or similar filings in which a hearing is requested shall be in writing and filed with the Clerk of the District Court (the Clerk) at least 5 judicial days prior to hearing, except by permission of the court.

 

   B. Counsel at the time of making such filing shall obtain a date for hearing thereon from the judge to whom the case is assigned or the judge’s bailiff and file a notice of hearing with the filing. Unless approved by the judge, a hearing date must be obtained for each motion, even if motions in the same case are already scheduled. The Clerk shall not accept said filing unless it is accompanied by notice of the time and date of the hearing.

 

   C. Notice of said hearing shall be mailed or personally delivered to other counsel or unrepresented parties 3 full judicial days prior to said hearing. The use of the U.S. Postal Service shall constitute sufficient compliance. Judicial days refer to days that the court normally would be in session, not including weekends and legal holidays.

 

   D. All motions for orders sought to be entered without a hearing shall be accompanied by a proposed order for the judge’s signature.

 

   E. A Motion to Continue can be filed disclosing that all other parties and counsel agree to the continuance in which case the court may grant the motion without a hearing. Once a case has been set for hearing, the case may not be continued except for good cause shown as determined by the court. Counsel seeking the continuance shall obtain a proposed date from the court’s bailiff and verify the new date with other counsel and unrepresented parties. If the new date is not agreeable, it is the responsibility of the movant to obtain a new date that is agreeable to all counsel and unrepresented parties. A Motion to Continue without agreement of opposing counsel and parties shall be set for hearing by the court as previously outlined herein.

 

   F. Motions for Placement Change can be approved by the court without further hearing after 7 days from filing unless an objection is filed with the Clerk and notice is given to the judge or judge’s bailiff, whereupon the matter shall be set for hearing by the court. The Nebraska Department of Health and Human Services shall notify in writing the court, guardian ad litem, and counsel within 24 judicial hours of any immediate change in placement.

 

   G. Motions for Immediate Custody involving delinquency cases may be set and heard by the court as early as 24 hours of the court’s receiving notice of the detention occurrence, but no later than 48 hours, excluding nonjudicial days. Orders for Immediate Custody based upon violations of conditional release may be waived in writing by counsel for the juvenile.

 

   H. Ex Parte Motions for Temporary Custody involving nondelinquency cases shall come on for hearing within 10 days of the Ex Parte Order’s being signed.

 

   I. A written Denial may be filed with the Clerk and shall include counsel’s estimate as to the amount of time necessary for trial.

Rule III. Format and Service

 

   A. All pleadings, motions, and proposed orders filed with the Clerk shall be printed or typewritten on 8½- by 11-inch paper.

 

   B. All pleadings shall contain the caption of the case.

 

   C. No pleadings, documents, exhibits, court orders, judgments, and decrees filed in the court shall include the birth dates, Social Security numbers, and financial account numbers of any persons, including minor children, as outlined in Nebraska Supreme Court rule (Neb. Ct. R. § 6-1701).

 

   D. The margin at the bottom of the first page of any pleading or other document filed with the Clerk shall be at least 2¼ inches. This area is reserved for court use to permit affixing a barcode or exhibit identification markings and for other official uses. No image, printing, or marking of any nature may appear within the bottom margin except as made or authorized by the court or the Clerk.

 

   E. Any party making a filing shall serve the same upon all counsel of record or parties of record if not represented by counsel. Service by the U.S. Postal Service shall be deemed sufficient. Any pleading or document filed subsequent to the petition shall contain a certificate that service was made upon counsel or parties pursuant to this rule.

Rule IV. Courtroom Decorum and Procedures

 

   A. All counsel shall conduct themselves in a manner which promotes a positive image of the profession, assists the court in properly reviewing the case, and displays appropriate respect for the justice system.

 

   B. All parties and their counsel shall be punctual and prepared for all court appearances at the time set for hearing by the court.

 

   C. Counsel shall examine witnesses and address the court from the counsel’s table and shall not approach the bench or witness stand while the court is in session without first obtaining permission of the court.

 

   D. Witnesses and parties shall be referred to and addressed by their surnames unless age or other circumstance allows for usage of their first name.

 

   E. Only one counsel for each party shall examine a witness or make objections during the testimony of such witness.

 

   F. At the discretion of the security officers, upon order of the court, any person may be subjected to a search of his or her person for possession of any weapons, destructive devices, or components thereof.

 

   G. Counsel shall be attired in ordinary business wear. All parties, witnesses, and persons present in the courtroom shall be appropriately attired. The court may continue or delay a hearing if any parties’ appearance is inappropriate. The court may also cause the removal from the courtroom of any individual inappropriately attired.

 

   H. Cellular telephones, pagers, or other such electronic devices are not allowed in the courtroom and may be left with the court reporting personnel during the hearing. With permission of the court, counsel may have such devices in the courtroom provided they are turned off or otherwise disabled so as not to cause a disturbance during court proceedings.

 

   I. All court hearings are open to the public as provided by law; however, the court may close the hearing or a portion thereof pursuant to law and Nebraska Supreme Court rules.

Rule V. Files and Exhibits

 

   A. No person except the judge or the Clerk shall take from the courthouse or out of the office or possession of the Clerk, any records, papers, or files of the court pertaining to the causes therein, except by permission of the judge or the Clerk. Any legal file so removed shall be returned to the Clerk within 5 days unless requested sooner by the Clerk, and at least 48 hours prior to the commencement of any trial or hearing in conjunction with said case.

 

   B. All documents, including but not limited to, predisposition reports, case plans, and progress reports shall be delivered to all counsel and pro se parties in the court at least 3 judicial days prior to the hearing in which the documents are to be offered. The party offering said exhibit shall have the exhibit numbered by page and then separately marked by the court reporting personnel prior to the scheduled time of the hearing. Exhibits shall not contain any unrelated attachments.

 

   C. Copies of all exhibits received into evidence shall be placed in a social file corresponding to the respective case involving the child or children. Only the judge and court staff may have access to said social file. All others shall not have access to the social file or exhibits without permission of the court. Those exhibits in the custody of the court reporting personnel may be open for inspection by counsel appointed or appearing on behalf of the parties upon a reasonable request of the court reporting personnel. All others may not have access to said exhibits without permission of the court.

Rule VI. Appointment of Counsel and Fees

 

   A. The court will appoint counsel for a party determined indigent by the court and whenever else appointment of counsel would be appropriate. The parties shall complete a Request for Court-Appointed Counsel as directed by the court.

 

   B. The court may require any party to resubmit a financial statement periodically as ordered by the court. The court may order parties to reimburse Lancaster County for the services of court-appointed counsel if their financial situations change. Failure to maintain contact with counsel may result in the attorney’s being discharged.

 

   C. Court-appointed counsel may apply for payment of reasonable attorney fees by submitting a Motion for Payment of Attorney Fees and statement to the Clerk, providing with specificity each service rendered, the date of each service rendered, and the amount of time expended thereto.  Said statement shall further include the attorney’s name and the docket and page of the case. Further, counsel shall sign each statement affirming the truth and veracity of same.

 

   D. Counsel shall submit a Motion for Payment of Attorney Fees and proposed order pursuant to Lancaster County Juvenile Court Guidelines for Attorney Fees.

Rule VII. Child Support Referee

 

   A. Intent. The Court finds that matters relating to the establishment, modification, enforcement, and collection of child support and to paternity matters should be handled by the court in an expeditious manner, so that parties may obtain needed orders and other action as quickly as possible. It is determined that the appointment of a child support referee is necessary to aid the court in meeting the case progression standards established by Nebraska Supreme Court rule and federal law.

 

   B. Appointment. Each referee shall be appointed by order of the judges of the court and shall be an attorney in good standing admitted to the practice of law in the State of Nebraska. The referee shall be sworn or affirmed, and the oath for judicial officers shall be administered by the presiding judge of the court. The referee may be removed at any time by the court.

 

   C. Duties. The referee shall hear matters pertaining to the establishment, modification, enforcement, and collection of child support, paternity, and all other matters permitted by law and assigned by the court. The referee shall have the power to summon and enforce the attendance of parties and witnesses, administer all necessary oaths, supervise pretrial preparation pursuant to the rules of discovery, grant continuances and adjournments, and carry out any other duties permitted by law and assigned by the court. The functions performed by the referee under expedited processes shall, at a minimum, include

 

   (1) taking testimony and establishing a record;

 

   (2) evaluating evidence and making recommendations to establish and enforce orders;

 

   (3) accepting voluntary acknowledgment of support liability and stipulated agreements setting the amount of support and accepting voluntary acknowledgments of paternity; and

 

   (4) recommending default orders if absent parents fail to respond within the time specified by law.

 

   D. Safeguards. Under the expedited processes established by this court rule:

 

   (1) The due process rights of the parties shall be protected.

 

   (2) The parties must be provided a copy of the recommendation of the referee and the ratified order.

 

   (3) To be enforceable, the referee’s recommendations must be entered as an order by a judge.

 

   E. Hearings. A hearing before a referee shall be conducted in the same manner as a hearing before the court. Testimony in such matters shall be preserved by tape recording or other prescribed measures and in accordance with prescribed standards. Transcripts of all hearings shall be available upon request, and all costs of preparing the transcript shall be paid by the party for whom it is prepared, unless he or she has been determined to be indigent.

 

   F. Findings and Recommendations. Upon the hearing of a matter, the referee shall prepare, in writing, his or her findings and recommendations to the parties or their attorneys and submit a report to the court containing findings of fact and recommendations and any and all exceptions.

 

   G. Judicial Review. In all cases referred to a referee, the parties shall have the right to file an exception within 10 days of the date of the referee’s findings and recommendations. The exception shall be accompanied by a praecipe requesting the preparation of the bill of exceptions of the proceedings before the referee. The hearing before the court on the exception shall be de novo on the record before the referee. The court may ratify or modify the recommendations of the referee and enter judgment based thereon. If no exception is filed, the court shall proceed to consider the referee’s findings and recommendations and render a final order without further notice or hearing.

 

   H. Case Progression. Actions to establish or enforce support obligations and/or paternity shall be completed in accordance with state and federal law.

Rule VIII. Prehearing and Pretrial Conferences

 

   A. Prior to temporary custody hearings, prehearing conferences with all parties and counsel may be held and may be facilitated by mediators. The facilitators are disinterested parties who will gather necessary information regarding parentage, possible Indian Child Welfare Act applicability, placement of the children, visitation, services, and evaluations or assessments offered. Any documents completed in the prehearing conference may be marked and offered into evidence. Discussions taking place at such facilitated conferences shall be confidential and privileged to the extent provided by Neb. Rev. Stat. § 43-247.01.

 

   B. Pretrial conferences may be on order of the court and shall specify the date, hour, and location requirements placed upon counsel; the manner in which the conference will be held; and any other matters the court deems appropriate. It is strongly encouraged that any and all stipulations should be entered into at the time of the pretrial conference. At the time of the pretrial conference, all counsel shall have made efforts to speak with their respective client and each other and shall be prepared to inform the court

 

   (1) whether the matter will be contested;

 

   (2) if contested, the estimate of time necessary to adjudicate;

 

   (3) whether in-chambers testimony will be requested and any other objections thereto;

 

   (4) whether any matters may be stipulated;

 

   (5) whether an interpreter of any nature will be required; and

 

   (6) whether there are any special health needs of counsel, parties, or witnesses requiring accommodation.

Rule IX. Trial Terms

 

   A. Any case which is to be tried to the court may be assigned by the court to a trial term. A trial term is a period of time determined by each judge during which more than one case will be scheduled for trial. By order of the judge to whom the case is assigned, other requirements governing the progression of the case may be imposed. Cases assigned to a trial term for trial shall proceed as follows:

 

   (1) All counsel and persons having cases set for trial during a trial term shall be ready for trial whenever called during the next and all subsequent trial terms.

 

   (2) The court’s bailiff will maintain a current list of cases set for trial during the judge’s trial terms. Cases set for trial during a trial term will be called up for trial in the order in which they are listed thereon.

Rule X. Miscellaneous Rules

 

   A. Case plans and court reports shall be delivered to all counsel, parties, and the court at least 5 days prior to the hearing.

 

   B. Guardian ad litem reports shall be delivered to all counsel, parties, and the court at least 1 day prior to the hearing. The guardian ad litem shall utilize a form approved by the court.

 

   C. Counsel shall inform the court's bailiff if an interpreter is needed for any hearing so that arrangements can be made to obtain an appropriate interpreter.

 

   D. Counsel representing incarcerated parents shall request a transportation order sufficiently in advance from the court’s bailiff if the party wants to be present.

 

   E. All children under the court’s jurisdiction as defined by Neb. Rev. Stat. § 43-247(3)(a) shall be present in court at the dispositional hearing and at every 6-month review hearing unless excused by the court. A request to excuse a child or children from the hearing may be submitted to the court’s bailiff in advance by any party and reviewed by the judge.

 

   F. Parties shall provide financial statements for child support as ordered by the court and shall submit said statements and any requests for deviations 10 days in advance of any child support hearing. The parties shall exchange calculations 3 days in advance of the hearing.

Sarpy County Juvenile Court

Rules of Practice and Procedure in the Separate Juvenile Courts of Sarpy County, Nebraska

(Effective January 1, 1995, adopted March 31, 1995)

 

   The following rules of practice and procedure have been adopted by the Sarpy County Separate Juvenile Court Judges and are effective January 1, 1995. They supersede all former rules of practice and procedure promulgated by this Court.
 
Adopted March 31, 1995.

Rule I. Potential Conflicts

   These rules shall govern the procedure of this Court so far as they are applicable and are not inconsistent with any statute of the State of Nebraska or any rule or order of the Supreme Court of Nebraska having the force of law.

 
Adopted March 31, 1995.

Rule II. Court Scheduling

 

   A. Insofar as feasible, the Court will hear matters in the order of filing at approximately the following days and times:
 
Monday & Tuesday: Arraignments, Dispositions, Motions, Uncontested Adjudications, Pretrial Conferences
 
Wednesday: Disposition Hearings, Motions
 
Thursday: Disposition Hearings, Motions, Drug Treatment Court Staffings (2:30 p.m.), Drug Treatment Court Hearings (3:30 p.m.)
 
Friday: Contested Adjudications, Motions
 
   B. Detention Hearings will be heard at 8:45 a.m. Monday through Friday with exceptions only approved by the Court. In order to provide adequate time, counsel or parties wishing to contest a detention hearing shall promptly notify the Bailiff or the Court. All parties and attorneys present at a pretrial conference shall prepare for the Court an order detailing any Agreements. Said order may be prepared on the form provided by the Court for said hearing.
 
   C. Upon detaining a minor who already has court-appointed counsel on the same docket and page, the juvenile probation office shall notify said minor's counsel of any detention hearing set within 24 judicial hours of said detention. Notice may include sending a copy of said detention authorization by way of a facsimile transmission to counsel of record. Counsel of record shall be present at the detention hearing unless the appearance of counsel is waived by the Court. In circumstances where counsel is unavailable, the Court may proceed with the detention hearing and provide counsel with an opportunity for a detention review hearing.
 
Adopted March 31, 1995.

Rule III. Depositions

 

   Once a case has been set for a contested hearing, the case will not be continued for the taking of depositions or other discovery except for good cause as determined by the court. Discovery shall not be filed with the Clerk of the District Court, Separate Juvenile Court Division, but certificates of serving or responding to discovery shall be filed with the Clerk.
 
Adopted March 31, 1995.

Rule IV. Motions and Pleadings

 

   A. All pretrial and posttrial motions or similar filings in which a hearing is requested shall be in writing and filed with the Clerk at least five (5) judicial days prior to the hearing except by permission of the Court.
 
   B. Counsel at the time of making said filing shall obtain a date for a hearing thereon from the Judge or the Bailiff.
 
   C. The Clerk shall not accept said filing unless it is accompanied by notice of the time of the hearing.
 
   D. Notice of said hearing shall be mailed or personally delivered to counsel, or unrepresented parties, three (3) full judicial days prior to said hearing. The use of the United States Postal Service shall constitute sufficient compliance.
 
   E. A Motion to Continue can be filed disclosing that all other parties and counsel agree to the continuance in which case the Court can grant the motion without a hearing.
 
   F. A Motion to Continue without agreement of opposing counsel and parties shall be set as previously outlined herein.
 
   G. Upon the Court granting the Motion for Continuance, counsel seeking the continuance shall obtain a proposed date from the Bailiff and verify the new date with other counsel and unrepresented parties. If the new date is not agreeable, then it is the responsibility of the movant to obtain a new date that is agreeable to all counsel and unrepresented parties.
 
   H. Motions for a placement change can be approved by the Court without further hearing after three (3) days from filing unless an objection is filed with the Clerk and notice is given to the Bailiff, whereupon the matter shall be set for hearing by the Court. The Nebraska Department of Social Services shall in writing notify the court, guardians ad litem, and counsel for minor children within 24 judicial hours of any change in placement.
 
   I. A written denial may be filed by counsel for the minor on those petitions alleging a law violation or status offense. A written denial may be filed by counsel for the parent, guardian, or custodian on § 43-247(3)(a) cases. The denial shall include counsel's estimate as to the amount of time necessary for trial.
 
   J. Motions for Detention, Endorsed Summons, and such other Ex Parte Orders may be set and heard by the Court within 24 hours of the detention occurrence, excluding nonjudicial days.
 
   K. All motions sought to be entered without a hearing shall be accompanied by a proposed order for the Judge's signature.
 
   L. All § 43-247(3)(a) and (b) petitions filed must allege specific allegations with the exception of a "deports" allegation when filed in conjunction with a law violation. A Plea of admission or no contest (on abuse/neglect/dependency allegations) to general allegation petitions will not be accepted by the Court.
 
Adopted March 31, 1995.

Rule V. Format and Service

 

   A. All pleadings, motions, and proposed orders shall be printed or typewritten on 8½- by 11-inch paper. All pleadings shall contain the name, address, bar number, and telephone numbers of counsel preparing same.
 
   B. Subsequent to the filing of a petition, any party making a filing shall serve the same upon all counsel of record or parties of record, if not represented by counsel. Service by the United States Postal Service shall be deemed sufficient. Any pleading or document filed subsequent to the petition shall contain a certificate that service was made upon counsel or parties pursuant to this rule.
 
Adopted March 31, 1995.

Rule VI. Courtroom Procedures

 

   All parties and their counsel shall be present in the courtroom and prepared to proceed at the hour set for hearing by the Court. Counsel shall examine witnesses and address the Court from the counsel's table and shall not approach the bench or witness stand while the Court is in session without first obtaining permission of the Court. Witnesses and parties shall be referred to and addressed by their surnames unless the age or other circumstances makes it appropriate to use the first name. Only one counsel for each party shall examine a witness or make objections during the testimony of such witness. In the discretion of the security officers, upon order of the Court, any person may be subjected to a search of his or her person for possession of any weapons, destructive device, or components thereof.
 
Adopted March 31, 1995.

Rule VII. Files and Exhibits

 

   A. No person except the Judge or the Clerk shall take from the courthouse or out of the office or possession of the Clerk, any records, papers, or legal files of the Court pertaining to the causes therein, except by permission of the Clerk upon such conditions as the Clerk may impose. Any legal file so removed shall be returned to the Clerk within two (2) days, unless sooner requested by the Clerk, and at least 48 hours prior to the commencement of any trial or hearing in connection with said case.
 
   B. Copies of all exhibits received into evidence shall be placed in the social file corresponding to the respective case involving the child or children. Only those counsel appointed or appearing on behalf of the parties may have access to said social file. All others, except for the Juvenile Probation Office (District 5), the Nebraska Department of Social Services, the Sarpy County Attorney, and the Nebraska Foster Care Review Board shall not have access to the social file or exhibits without permission of the Court. Those exhibits in the custody of the court reporter may be open for inspection by counsel appointed or appearing on behalf of the parties upon a reasonable request of the court reporter. All others may not have access to said exhibits without permission of the Court. All Court hearings are open to the public as provided by law; however, the Court may close the hearing, or a portion thereof, pursuant to law and Nebraska Supreme Court rules.
 
   C. Pursuant to L.B. 719 (1993), the Court hereby authorizes the release of information for the exclusive use of Investigation Teams and Treatment Teams initiated by the Sarpy County Attorney pursuant to L.B. 1184 (1992) and Task Forces under the auspices of the Sarpy County S.A.F.E. Policy. Any other use of confidential information shall be strictly prohibited unless written authorization is granted by the Court.
 
Adopted March 31, 1995.

Rule VIII. Child Support

 

   In any case where child support is an issue, counsel are to comply with the Nebraska Child Support Guidelines. Counsel are to complete the child support calculation worksheet pursuant to the Nebraska Child Support Guidelines and furnish the calculation to the Court and all other parties at least three (3) days before any hearing on a request for child support. The Court may refer any support or reimbursement issue to mediation upon approval of counsel or the parties.
 
Adopted March 31, 1995.

Rule IX. Court Reports

 

   A. Case plans, Court reports, and other similar documents shall be delivered to the Court at least two (2) judicial days prior to the hearing. The parties may motion the Court for an order requiring the Nebraska Department of Social Services to deliver copies of said reports to counsel of record at least two (2) judicial days prior to the hearing.
 
   B. Guardian Ad Litem reports shall be delivered to all counsel, parties, and the Court at least one (1) judicial day prior to the hearing.
 
   C. Time allocation for further reviews or further disposition hearings shall be fifteen (15) minutes and counsel, upon determining more time may be necessary, shall notify the Bailiff as soon as possible so that additional time may be arranged.
 
   D. Where an interpreter will be necessary, counsel shall inform the Bailiff so arrangements can be made to obtain the appropriate interpreter.
 
   E. Counsel representing incarcerated parents shall request a transportation order sufficiently in advance from the Bailiff, if the party wants to be present. When notice has been sent to an incarcerated parent, unless a request is made, the Court will not enter a transportation order.
 
Adopted March 31, 1995.

Rule X. Sealings, Appointment of Guardian Ad Litem, and Appearances

 

   A. Minors previously under the jurisdiction of the Court, as law violators and status offenders, may motion the Court for an order sealing their records and setting aside the adjudication pursuant to the Nebraska Juvenile Code. If the Court overrules said request, the minor may not motion the Court for such relief for a period of five (5) years from the date of the order overruling said request (unless waived by the Court).
 
   B. Pursuant to § 43-272.01 the Bailiff or Clerk shall designate a guardian ad litem on § 43-247(3)(a) cases where the child(ren) are removed from their residence prior to a Court hearing.
 
   C. All parties to the proceedings shall dress appropriately for Court hearings. The Court may continue or delay a hearing if any party's appearance is inappropriate.
 
Adopted March 31, 1995.

Rule XI. Abuse, Neglect, Dependency, and Probable Cause Findings

 

   Within 48 hours of a § 43-247(3)(a) detention, no minor shall remain detained without a probable cause finding issued by the Court providing for continued detention of said minor.
 
Adopted March 4, 1997.