These guidelines are intended to aid the Supreme Court in the process of evaluation and enactment of Supreme Court rules and other necessary rules covering the practice of law and the administration of the judicial system.

§ 1-101 amended February 11, 2009, effective March 1, 2009.

   In this rule, unless the context or subject matter otherwise requires:

   (A) "Official Supreme Court Rules" refer to the codified Nebraska Court Rules, Chapters 1 through 6, and amendments thereto.

   (B) "Miscellaneous Supreme Court Rules" refer to Supreme Court rules, other than the codified Nebraska Court Rules referred to above, guidelines, policies, and best practices and amendments thereto, which are of general application relating to the operation of the judicial system and subject to the approval of the Nebraska Supreme Court.

   (C) "External Rules" refer to rules and rule amendments of other courts, commissions, or entities which are subject to the approval of the Nebraska Supreme Court.

Rule II(A) and (B) amended October 14, 1999. Renumbered and codified as § 1-102, effective July 18, 2008; § 1-102(A) to (C) amended February 11, 2009, effective March 1, 2009.

   (A) Requests to consider the creation, amendment, or repeal of any rule as defined by § 1-102(A), (B), or (C) may be initiated by action of the Supreme Court or by any interested party, unless an existing rule contains specific language providing for procedure for amendment. Such request shall be submitted to the Clerk of the Supreme Court. The new rule or amendment shall be submitted, as a document separate from the request, both in writing and in an electronic format as an attachment to the following e-mail address, lanet.asmussen@nebraska.gov, and shall be 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. Any request submitted to the Clerk shall be rejected by that office and returned to the requesting party if it fails to comply with the requirements set forth above.

   (B) The Supreme Court may:

   (1) accept or approve the request and send it to the Reporter of Decisions for editing and formatting and subsequent resubmission to the Court for approval or adoption,

   (2) deny the request, or

   (3) defer action pending:

   (a) additional comment from requestor,

   (b) comment from staff or committee, or

   (c) a formal written comment period.

   (C) In the case of deferral pending a formal written comment period, notification of the pending rule amendments and solicitation of comment may be made in any publication(s) deemed advisable by the Supreme Court and notification of the pending rules requests and solicitations for comments may also be provided, as directed by the Court, to those identified as having a potential interest.

   Any formal written comment period shall be for the period of time specified by the Court in such notification.

   (D) At the completion of the comment period established above, the Court may accept, reject, or modify the rules request under discussion; the Court may request further written comment as provided in § 1-103(C) of this rule; or the Court may on its own motion or on the request of an interested party hold a public hearing on the rule amendment sought.

   (E) If the Supreme Court determines to hold a public hearing on a proposed rule amendment, notification shall be given in the same manner as specified by § 1-103(C) of this rule. Such notification shall also contain the time and place scheduled for the hearing and the method by which the entire proposed rule amendment can be secured.

   (F) Upon completion of the procedures set forth in above § 1-103(C), (D), and (E), and prior to Supreme Court consideration for initial acceptance or approval, such rule or amendment shall, unless otherwise directed by the Court, be reviewed by the Supreme Court Staff Attorney for any comments or recommendations to the Court. Upon report by the Staff Attorney and consideration of all other relevant materials, the Court shall accept, approve, or deny the requested rule or amendment or take further action as it deems appropriate.

   After Court approval of a new rule or amendment to the "Official Supreme Court Rules," the approved rule or revision shall be forwarded to the Reporter of Decisions Office for editing and formatting. The Reporter shall thereafter return the edited and formatted version of the rule or amendment to the Court for final adoption.

   After Court acceptance of any new rule or amendment to any "Miscellaneous Supreme Court Rules" or "External Rules," the accepted version shall be forwarded to the Reporter of Decisions Office for editing and formatting. The Reporter of Decisions shall thereafter return the edited and formatted version of the rule or amendment to the Court for final approval.

Rule III(A), (B), and (C) amended October 14, 1999; Rule III(F) adopted October 14, 1999; Rule III(A) amended June 5, 2002.  Renumbered and codified as § 1-103, effective July 18, 2008; § 1-103(A) to (F) amended February 11, 2009, effective March 1, 2009.

   (A) After adoption or approval by the Court of any new rule or amendment in the "Official Supreme Court Rules," "Miscellaneous Supreme Court Rules," or "External Rules," the Reporter of Decisions Office shall make changes to the rules as maintained on the Supreme Court's website. "Official Supreme Court Rules," as well as local court rules and Workers' Compensation Court rules within the "External Rules," recent amendments to such rules, and proposed amendments pending for comment, shall be available on the Supreme Court’s website at http://www.supremecourt.ne.gov/rules/. Any person requesting a complete or partial printed copy of the Court’s rules from the Clerk of the Supreme Court may be charged a fee as established by the Supreme Court and postage required for mailing such rules.

   (B) All new rules or amendments to the "Official Supreme Court Rules," except for minor grammatical or editorial changes, shall be published in the Nebraska Advance Sheets for 2 consecutive weeks. All new rules or amendments to "External Rules" shall be published in the Nebraska Advance Sheets for 1 week. New rules or amendments to any "Miscellaneous Supreme Court Rules" may be published as directed by the Court.

Rule IV amended October 14, 1999; Rule IV amended June 5, 2002. Renumbered and codified as § 1-104, effective July 18, 2008; § 1-104(A) and (B) amended February 11, 2009, effective March 1, 2009.

   Nothing in this rule shall act to limit the Supreme Court from enacting such rules or adopting such orders as it deems necessary on an emergency basis.

Rule V amended October 14, 1999. Renumbered and codified as § 1-105, effective July 18, 2008; § 1-105 repealed and § 1-106 renumbered to § 1-105 on February 11, 2009, effective March 1, 2009.

   (A) The purpose of §§ 1-201 through 1-219 is to provide for the appointment of court reporting personnel, as defined in § 1-204(A)(1), to perform the duties required by Nebraska Supreme Court rules for the recording and preservation of evidence and preparation of bills of exceptions in all cases in the district and separate juvenile courts. As set forth below, court reporting personnel shall be appointed, designated, or in accordance with these rules contracted with, by a judge of the district or separate juvenile court to perform the duties required by these rules and all other Nebraska Supreme Court rules relating to the making, preserving, transcribing, and delivery of court records.

   (1) Appointment of official court reporters. Except as otherwise ordered or directed by the Nebraska Supreme Court, a judge of the district and separate juvenile court may appoint or, with approval from the State Court Administrator, may contract with one official court reporter to make, preserve, transcribe, and deliver the record of the trial and other proceedings over which said judge presides. Such an official court reporter is an at-will employee of the Nebraska Supreme Court, subject to the Court’s general administrative authority pursuant to art. V, § 1, of the Nebraska Constitution, and serves at the pleasure of the appointing judge and the Nebraska Supreme Court, unless otherwise discharged from employment as provided in § 1-204(D).

   (2) Appointment of courtroom clerks. A judge of the district court and separate juvenile court may appoint a courtroom clerk to make, preserve, and deliver the record of the trial and other proceedings over which said judge presides using digital recording equipment provided by the Administrative Office of the Courts. Such courtroom clerk is subject to the general administrative authority of the Nebraska Supreme Court pursuant to art. V, § 1, of the Nebraska Constitution, works under the direction of the appointing judge and State Court Administrator, and is subject to the Nebraska Supreme Court Personnel Policies & Procedures. The provisions of § 1-201(A)(2) do not prohibit a judge, in his or her discretion, from contracting with a court reporter having the qualifications of an official court reporter if extenuating circumstances or a specific case so require.

   (3) Designating other court personnel to act as court reporting personnel. In his or her discretion, a judge opting to use digital recording equipment in his or her courtroom to make and preserve the record of a trial and other proceedings may, temporarily under § 1-213 or in lieu of appointing a courtroom clerk under § 1-201(A)(2), designate other court personnel as defined in § 1-204(A)(4) to perform the duties of a courtroom clerk. The provisions of § 1-201(A)(3) do not prohibit a judge, in his or her discretion, from contracting with a court reporter having the qualifications of an official court reporter if extenuating circumstances or a specific case so require.

   (B) Except as otherwise provided herein, if the office of the appointing judge is vacated, and the Judicial Resources Commission declares that a judicial vacancy exists in the affected district, the official court reporter or courtroom clerk may continue in that position until either reappointment by a successor judge or the appointment of replacement court reporting personnel.

   (C) If the office of the appointing judge is vacated and the Judicial Resources Commission determines that a judicial vacancy does not exist in the affected district, the official court reporter or courtroom clerk in such district shall vacate that position 90 days from the date of such determination by the commission.

Rule 1(A) through (C) amended February 28, 1996; Rule (A) amended June 5, 2002. Renumbered and codified as § 1-201, effective July 18, 2008; § 1-201 amended June 9, 2010.

   Court reporting personnel shall take the oath of office provided for judicial officers.

§ 1-202 amended June 9, 2010.

   Court reporting personnel are charged with a duty to comply with any Nebraska Supreme Court rule relating to official court reporters and courtroom clerks and, in accordance with the specific terms of such employment and qualifications, with the duty of making, preserving, transcribing, and/or delivering a verbatim record of all proceedings in the court to which they are appointed in accordance with Neb. Ct. R. App. P. § 2‑105. Except as otherwise directed by the State Court Administrator, all digital recordings made by courtroom clerks or other court personnel as defined in § 1-204(A)(4) shall be outsourced for transcription to privately contracted court transcribers who shall meet the minimum qualifications set forth in § 1-204(B)(2). Failure to comply with court rules may result in disciplinary action, including termination, by either the appointing judge or the Nebraska Supreme Court. In addition, court reporting personnel shall perform any other duties assigned by the appointing judge and shall, in accordance with the specific terms of such employment and qualifications:

   (A) On order of the trial judge, make or have made and file in the clerk's office a typewritten transcription of any trial or proceedings, or any part thereof, without expense to any party to the suit; such transcription shall be a part of the records in the case. An official court reporter or privately contracted court transcriber shall receive from the appropriate governmental unit the compensation specified below in § 1-219 for any such transcription ordered by a judge.

   (B) Upon request of counsel or any party to a suit, furnish to such counsel or party, as expeditiously as possible, a typewritten transcription of any trial or proceedings, or any portion thereof. An official court reporter or privately contracted court transcriber shall receive the compensation specified below in § 1-219 for any such transcription, except that when expedited, daily, or real-time delivery is requested, the official court reporter or privately contracted court transcriber and the requesting party may mutually agree to an amount to be paid for delivery of such transcription. Counsel or any party shall make satisfactory arrangements with the official court reporter or privately contracted court transcriber for payment. All work of an official court reporter involved with the preparation of such transcription shall be considered freelance activity subject to § 1-211.

   (C) Upon request of any person not a party to a suit, if so approved by the trial judge, furnish to such person or have prepared for such person, as expeditiously as possible, a typewritten transcription of any trial or proceedings, or any portion thereof. All work of an official court reporter involved with the preparation of such transcription shall be considered freelance activity subject to § 1-211. The compensation and payment therefor shall be as prescribed in § 1-203(B).

   (D) All verbatim transcriptions shall be certified by the person responsible for preparation of the verbatim transcription or the presiding judge to be true and correct.

Rule 3(A), (B), and (C) amended June 19, 1996; Rule 3 amended June 5, 2002; Rule 3(A) and (B) amended June 22, 2005; Rule 3(B) amended February 15, 2006. Renumbered and codified as § 1-203, effective July 18, 2008; § 1-203 amended June 9, 2010.

   (A)(1) Court reporting personnel. Court reporting personnel shall include official court reporters, courtroom clerks, and other court personnel as defined in § 1-204(A)(4) who, in whole or in part according to the terms of their employment, make, preserve, transcribe, and deliver the record of any trial and other proceeding in any district or separate juvenile court of Nebraska.

   (2) Official court reporter. An official court reporter shall be competent in the making, preserving, transcribing, and delivery of a verbatim record of trial and other proceedings through the use of either pen or machine shorthand or the use of multi-track recorders supplemented by logging procedures. An official court reporter shall meet all of the qualifications set forth in § 1-204(B)(1) and (2).

   (3) Courtroom clerk. A courtroom clerk shall be an individual employed by the court to record testimony by the use of digital recording equipment supplemented by logging procedures. A courtroom clerk shall be competent in the making and preserving of a verbatim record of a trial and other proceedings and shall meet the qualifications set forth in § 1-204(E).

   (4) Other court personnel. For purposes of these rules, “other court personnel” shall mean persons employed within the Nebraska court system who are under the control or supervision of the Nebraska Supreme Court or the designating judge and who have been trained in the use of digital recording equipment and meet the qualifications set forth in § 1-204(E).

   (B)(1) One's professional competence to serve as an official court reporter shall be demonstrated by having passed an examination conducted by such entities as the State Court Administrator may from time to time designate, which tests one's reporting skills and knowledge of spelling, grammar, and the reporting craft. The skills portion of the examination shall require the reporter, in the case of one using pen or machine shorthand, to report and transcribe, and in the case of one using a multi-track recorder to record and transcribe, each of three items of dictation consisting of (i) literary material, (ii) jury instructions, and (iii) two-voice testimony. Each dictation segment shall be of 5 minutes duration. In the case of one using pen or machine shorthand, the literary material must be reported at a rate of not less than 180 words per minute, the jury charge at not less than 200 words per minute, and the two-voice testimony at not less than 225 words per minute.

   (2) All of the dictated material must be transcribed with 95 percent accuracy in a period of not more than 3½ hours, during which time a dictionary may be used. In grading this portion of the test, a maximum of 45 errors is permitted on the literary material, a maximum of 50 errors is permitted on the jury charge, and a maximum of 57 errors is permitted on the two-voice testimony. The knowledge portion of the examination shall consist of not less than 100 written multiple-choice questions and must be passed with a score of not less than 70 percent in a period of time as determined by the examiner, but no more than 90 minutes per 100 questions. A dictionary may not be used during this portion of the examination.

   (C) No applicant for a position as an official court reporter may hereafter be initially appointed or reappointed following the taking of office by a judge succeeding the judge making the initial appointment unless the applicant shall first have met the above testing requirements.

   (D) After employment, an official court reporter may be required to undergo reexamination through testing substantially similar to that described in § 1-204(B) any time upon the request of the appointing judge, the Nebraska Court of Appeals, or the Nebraska Supreme Court. Failure to pass the reexamination shall constitute cause for the immediate discharge of the official court reporter from employment.

   (E) One’s professional competence to serve as a courtroom clerk shall be demonstrated by the following minimum criteria and competency requirements:

   (1) successful completion of training on use and maintenance of digital recording equipment;

   (2) ability to promptly diagnose and correct routine malfunctions;

   (3) proficiency in note taking and logging procedures;

   (4) knowledge of courtroom procedures and legal vocabulary; and

   (5) knowledge of the proper admission of exhibits to be included in the bill of exceptions.

   (F) After employment, the courtroom clerk may be required to undergo a competency evaluation based on the criteria found in § 1-204(E) at any time upon the request of the judge, the Nebraska Court of Appeals, or the Nebraska Supreme Court. Failure to meet such competency criteria shall constitute cause for action pursuant to the Nebraska Supreme Court Personnel Policies & Procedures.

Rule 4(B) amended February 23, 2006. Renumbered and codified as § 1-204, effective July 18, 2008; § 1-204 amended June 9, 2010.

   The place of residence of the official court reporter or courtroom clerk shall be determined by the appointing judge.

§ 1-205 amended June 9, 2010.

   Each judge, in a district where the judge and official court reporter or courtroom clerk do not reside in the same county, shall designate, if a multicounty district, a courthouse in the judicial district to serve as the principal office location for the judge and a courthouse in the judicial district to serve as the principal office location for the court reporting personnel.

§ 1-206 amended June 9, 2010.

   (A) All court reporting personnel may be assigned by the State Court Administrator to perform duties on a temporary basis in any court in the state.

   (B) Any court reporting personnel assigned on a temporary basis pursuant to § 1-207(A) shall receive, in addition to a regular salary, reimbursement for all necessary and actual expenses incurred, in conformance with the travel policies of the Administrative Office of the Courts. Mileage in such instances will be paid to and from the place of residence of the assigned court reporting personnel.

§ 1-207 amended June 9, 2010.

   Unless otherwise directed by the appointing judge, court reporting personnel shall serve as such in all matters heard by another judge when acting in place of the appointing judge, and shall perform in relation to such matters all the duties required by law or these rules.

§ 1-208 amended June 9, 2010.

   Court reporting personnel shall be reimbursed for actual and necessary expenses incurred in the performance of official duties. Reimbursement shall be in accordance with the travel policies of the Administrative Office of the Courts.

§ 1-209 amended June 9, 2010.

   (A) All shorthand notes, tape recordings, log sheets, or any other material used in making the record in court shall be the property of the trial court and shall, unless otherwise ordered or directed by the judge for whom the record is made, remain in the custody of the court reporting personnel responsible for making such record until such time as that person's employment is terminated, or until disabled or incapacitated. Upon the occurrence of any of the above, control of all such materials shall then be transferred to the clerk of the district court. All notes of court reporting personnel shall be marked on the first page with the name of court reporting personnel, date(s) of proceedings, case title(s), docket number(s), and "Criminal" if criminal cases were reported. Notes which contain criminal cases are to be separated and stored in separate filing equipment or storage boxes. Containers for permanent storage shall be marked with the year, type of notes (criminal or civil), and name of the court reporting personnel responsible for making such record. Court reporting personnel may, with the approval of the clerk of the district court, transfer permanent storage containers to the clerk of the district court at any time. Responsibility for the retrieval, research, and refiling of the notes contained in the storage files shall lie with such court reporting personnel or successor(s). Custody of any such materials may be assumed at any time by the judge in the event of failure on the part of the court reporting personnel to properly carry out duties as required by law, court rule, or direction of the appointing judge.

   (B) Except as it shall become necessary to include exhibits in bills of exceptions being prepared in connection with appeals to the Nebraska Supreme Court or Court of Appeals, all exhibits shall be retained by the court reporting personnel responsible for custody of the record until a matter is terminated, at which time responsibility for the safekeeping of such exhibits shall pass to the clerk of the district court, unless otherwise ordered by a district judge pursuant to law. Likewise, the responsibility for the safekeeping of all exhibits shall pass to the clerk of the district court upon termination of employment of the court reporting personnel for whatever reason.

   (C) Upon the transfer of responsibility for the safekeeping of exhibits from the court reporting personnel to the clerk of the district court, the court reporting personnel shall ensure that all exhibits in each case are grouped together and shall state thereon the caption of the case, docket and page or case number, the date or dates of the trial or proceedings, and the name of the reporter or courtroom clerk. The court reporting personnel shall prepare in each case, for the signature of the clerk of the district court, a receipt acknowledging responsibility for the safekeeping of such materials. The original of the receipt shall be retained by the clerk.

§ 1-210 amended June 9, 2010.

   (A) Freelance reporting activities shall mean the reporting or transcription by an official court reporter of oral statements or proceedings of any nature whatsoever, other than those required by these rules, those specifically requested by the judge who appointed the reporter, or for said judge's substitute, or by the State Court Administrator.

   (B) Except as provided for by these rules, an official court reporter may engage in freelance reporting activities during normal working hours if, and only if, the reporter takes leave without pay and said activities are determined by the judge who appointed the reporter to be in the interest of the public, provided, however:

   (1) The taking of leave without pay shall not be required if the freelance activity occurs during a reporter's lunch hour, while the reporter is on vacation leave, or while the reporter is taking compensatory time off.

   (2) Freelance reporting activities shall not be performed during any period in which the reporter is granted an extension to complete and file a bill of exceptions except for those activities related to the specific bill of exceptions for which the extension has been granted.

   (3)(i) Freelance reporting activities shall not be performed when the presence of the official court reporter is required by these rules, by the judge who appointed the reporter, by said judge's substitute, or by a judge to whom the reporter has been assigned by the State Court Administrator except, however, transcription described in § 1-203(B) or (C) may be performed during this time if the appointing judge or judge's substitute determines such transcription is in the best interests of the public, and the time spent at such transcription is not in conflict with any other duties of the official court reporter.

   (ii) If the reporter's full-time presence is not required by the appointing judge or judge's substitute during normal working hours, the reporter may, without taking leave without pay, engage in transcription described in § 1-203(B) or (C) only.

   (C) All other outside employment during normal working hours is prohibited.

   (D) An official court reporter shall neither provide nor cause to be provided any public office space to any of the reporter's employees or associates.

   (E) An official court reporter shall not use any publicly-owned supplies or equipment in connection with any freelance reporting activity. Provided, however, that permission to utilize state-owned equipment for purposes outside the scope of official court reporting duties may be given by the Nebraska Supreme Court if: (1) the equipment is to be used for purposes of recording proceedings of other public entities; (2) operation of the recording equipment by the reporter will not be during working hours nor in any other way interfere with the reporter's official responsibilities; and (3) payment of $10 to the State of Nebraska, through the office of the State Court Administrator, is made from any such public entity for each day or any part thereof that the equipment is used.

   (F) All leave without pay taken for the purpose of engaging in freelance activity shall be recorded on the monthly timesheet. The amount of income and the leave earnings on the following month's paycheck shall be adjusted to reflect any time recorded on the timesheet as leave without pay. Hours spent in transcription preparation under § 1-211(B)(3) during normal working hours shall be recorded on the monthly timesheet (Appendix 1).

   (G) An official court reporter shall not be eligible for injury leave or workers' compensation benefits for injury sustained while on leave without pay.

   (H) An official court reporter shall not evade the provisions of this rule by employing a substitute court reporter to perform any official duty.

Rule 11(A), (B), and (F) amended June 19, 1996. Renumbered and codified as § 2-211, effective July 18, 2008; § 1-211 amended June 9, 2010.

   (A) In the event of illness or disability of an official court reporter, and where it would appear to not be practical or feasible to reassign another official court reporter on a temporary basis, the judge of the ill or disabled reporter, with the approval of the State Court Administrator, may designate a reporter having passed an examination at least as stringent as that described in § 1-204(B)(1) and (2) to act as a substitute reporter, at state expense.

   (B) The preparation of any bill of exceptions or transcript by any such substitute reporter shall be subject to the same rules and regulations as those governing permanently employed official reporters.

   (C) Payment to such temporarily employed substitute reporter shall be on a per diem basis, and payment will be made only for the actual days such substitute reporter was required by the judge to be in attendance upon the court. Per diem payment may not be in excess of that figure which the ill or disabled reporter's gross monthly salary amounts to if computed on a per diem basis.

   (D) No substitute reporter shall be entitled to sick leave or any other benefits ordinarily available to the official court reporter for whom he or she is substituting.

   (E) Actual and necessary expenses, including mileage reimbursement, shall be paid to such substitute reporter under the same terms and conditions as those payments are then being made to the official court reporter for whom he or she is substituting.

   (F) Any additional reimbursements to a substitute reporter may only be made with the prior approval of the State Court Administrator.

   (G) As an alternative to the provisions of § 1-212(A) through (F), the appointing judge of an official court reporter may also, on a temporary basis, either request from the Administrative Office of the Courts or designate other court personnel, as defined by § 1-204(A)(4), to operate digital recording equipment in his or her courtroom for the purpose of making the record of proceedings.

§ 1-212 amended June 9, 2010.

   In the event of the absence of a courtroom clerk, the appointing judge of such courtroom clerk may request from the Administrative Office of the Courts, any Nebraska Supreme Court employee meeting the competency requirements of § 1-204(E) to act as a substitute courtroom clerk. If such employee is not available, and where it would appear to not be practical or feasible to reassign an official court reporter on a temporary basis, the judge may designate a substitute reporter under the provisions of § 1-212 or, pursuant to § 1-201(A)(3), designate other court personnel as defined in § 1-204(A)(4) to perform the duties of the courtroom clerk.

§ 1-213 adopted June 9, 2010.

   All leave, including holiday leave, vacation leave, sick leave, funeral leave, family leave, military leave, civil leave, injury leave, and workers' compensation disability leave, shall be taken as provided in the authorized leave policies of the Nebraska Supreme Court Personnel Policies & Procedures. Provided, however, that an official court reporter shall take vacation at the same time as or at the discretion of the appointing judge. If the reporter is permitted to take vacation at a time other than when the appointing judge takes vacation and the services of a substitute reporter are required by such judge, it shall be the obligation of the official court reporter taking vacation to arrange for the services of a substitute reporter at no cost to the State, unless otherwise determined by the State Court Administrator. The substitute reporter must have passed an examination at least as stringent as that described in § 1-204(B). The arrangement may not be implemented unless first approved by the State Court Administrator.

§ 1-213 renumbered to § 1-214 and amended June 9, 2010.

   (A) Overtime for official court reporters shall be earned and compensated for as provided in the overtime policies in the Nebraska Supreme Court Personnel Policies & Procedures, except as otherwise provided by the Court Reporter Fair Labor Amendments of 1995, 29 U.S.C. § 270(o)(6) and these rules. Except in cases of emergency, no overtime shall be approved during a workweek in which the reporter has engaged in freelance transcription under § 1-211(B)(3).

   (B) Any hours spent performing "freelance" transcription of court proceedings shall not be counted as "hours worked" for purposes of the overtime provisions of the Fair Labor Standards Act if:

   (1) the reporter is being paid not less than maximum per page rate established by § 1-219, or the per page rate freely negotiated between the reporter and the party requesting the transcript (other than the judge who presided over the proceedings), and

   (2) the hours spent performing such duties are outside the hours such reporter performs other work (including hours for which the court requires the reporter's attendance) pursuant to the employment relationship with the court; e.g., leave without pay, lunch hours, vacation leave, compensatory time off, or time where the reporter's attendance at any designated workplace is not required by the appointing judge, the judge's substitute, or the State Court Administrator.

Rule 14 adopted June 19, 1996; Rule 14(1) amended June 22, 2005. Renumbered and codified as § 1-214, effective July 18, 2008; § 1-214 renumbered to § 1-215 and amended June 9, 2010.

   There shall be an organization called the Nebraska Official Court Reporters Association, which shall consist of all official court reporters. This organization shall have as its purpose the improvement of court reporting in this state, by providing a forum for the exchange of ideas and to educate all reporters to more adequately and expeditiously handle the reporting needs of this state. The association shall adopt bylaws consistent with these rules, providing for the election of a president and such other officers as the association determines appropriate. The association shall have at least one meeting per year, which shall serve as an education seminar as provided by Judicial Branch Education, unless such annual meeting is canceled or suspended by order or direction of the Nebraska Supreme Court.

   If the judge who appointed the reporter requires the presence of an official court reporter during the time of the educational seminar, a substitute may be designated to replace the official court reporter while attending the seminar. This shall be at state expense.

Rule 14 renumbered to Rule 15 June 19, 1996; Rule 15 amended September 10, 1998; Rule 15 amended March 19, 2003; Rule 15 amended February 1, 2006; Rule 15 amended June 25, 2008, effective July 9, 2008. Renumbered and codified as § 1-215, effective July 18, 2008; § 1-215 renumbered to § 1-216 and amended June 9, 2010.

   (A) In the event a bill of exceptions or transcription of a trial or proceeding is required after an official court reporter who reported the same has left his or her position, but who retains residency in this state, such bill of exceptions or transcription shall be prepared by that person, under the same requirements, time limitations, and rate of compensation as that in existence for official court reporters.

   (B) In the event a bill of exceptions or transcription of some trial or proceeding is required after the official court reporter who reported the same has left his or her position, and who no longer is a resident of this state, such bill of exceptions or transcription shall be prepared by the successor reporter, provided the same method of recording court proceedings is employed by such successor reporter.

   (C) There shall be established within the Nebraska Official Court Reporters Association a committee of official court reporters whose function will be, in the event the provisions of § 1-217(A) and (B) cannot be implemented, to prepare any bill of exceptions or transcription required.

   (D) In the event a bill of exceptions or transcription of some trial or proceeding is required, but the official court reporter who reported the same is temporarily ill or disabled to the extent that delivery of the same would be unduly delayed, then the provisions of § 1-217(C) shall become effective.

   (E) In cases where a bill of exceptions or transcription is prepared by an official court reporter who did not make the actual record in court, the certificate shall set forth that the bill of exceptions or transcription was prepared from the record made by the unavailable reporter, and that the bill of exceptions or transcription is full, true, and correct to the best of the preparing reporter's ability to compile such bill of exceptions or transcription.

Rule 15 renumbered to Rule 16 June 19, 1996. Renumbered and codified as § 1-216, effective July 18, 2008; § 1-216 renumbered to § 1-217 and amended June 9, 2010.

   The workplace harassment policy, the drug-free workplace policy, and travel policies apply to all court reporting personnel. Copies of these policies are available through the Administrative Office of the Courts and are also printed in the Nebraska Supreme Court Personnel Policies & Procedures manual.

Rule 18 adopted February 10, 1999; Rule 17 deleted and Rule 18 renumbered to Rule 17 November 22, 2000. Renumbered and codified as § 1‑217, effective July 18, 2008; § 1-217 renumbered to § 1-218 and amended on June 9, 2010.

   Effective June 8, 2005, the per-page fee to which an official court reporter or privately contracted court transcriber is entitled, as prescribed by the Nebraska Supreme Court pursuant to Neb. Rev. Stat. § 25-1140.09, shall be $3.25 per page for an original copy of a bill of exceptions and 50 cents per page for each additional copy, with numbering to begin with the cover page.

Rule 18 adopted June 22, 2005. Renumbered and codified as § 1-218, effective July 18, 2008; § 1-218 renumbered to § 1-219 and amended June 9, 2010.

   This rule is promulgated under the authority of Neb. Rev. Stat. § 86‑611(3).

   The purpose of this rule is to establish standards for use of digital signatures by authorized personnel of the Nebraska Courts.

   This rule shall apply to all Nebraska judges and court personnel authorized to use digital signatures. The use of digital signatures is not mandated by this rule but is available to authorized court personnel who wish to utilize this technology.

   For purposes of this rule governing the use of digital signatures, authorized court personnel shall be defined as, and limited to, the following persons only:

   (A) Chief Justice and judges of the Nebraska Supreme Court,

   (B) judges of the Nebraska Court of Appeals,

   (C) district court judges,

   (D) separate juvenile court judges,

   (E) county court judges,

   (F) workers’ compensation court judges,

   (G) clerk of the Nebraska Supreme Court and Court of Appeals,

   (H) clerks of the district court,

   (I) clerk magistrates,

   (J) clerk of the workers’ compensation court, and

   (K) judicial administrators.

§ 1-304 amended February 2, 2012.

   For a digital signature to be valid for use under this rule, it must be created by technologies and practices that are accepted for use by the Nebraska Supreme Court and conform to the definitions set forth below:

   (A) unique to the person using it;

   (B) capable of verification;

   (C) under the sole control of the person using it;

   (D) linked to data in such a manner that if the data is changed, the digital signature is invalidated; and

   (E) conforms to the rules governing use of digital signatures adopted and promulgated by the Nebraska Supreme Court.

   Digital signatures may be used by authorized court personnel in the issuance of all documents produced:

   (A) By the JUSTICE system or automated Docket application under the control of the JUSTICE system, including, but not limited to, orders and warrants.

   (1) The JUSTICE system and the Docket application are maintained by the Nebraska Supreme Court for exclusive use by authorized court personnel.

   (2) JUSTICE is the Nebraska Supreme Court’s Case and Financial Management System for Nebraska trial courts.

   (3) Docket is a JUSTICE system application which provides interactive programs designed to record judicial proceedings in the courtroom thereby creating a printed record for a judge to digitally sign and issue an official document.

   (B) By the Nebraska Workers’ Compensation Court Case Management System under the control of the Nebraska Workers’ Compensation Court, including, but not limited to, orders.

   (1) The Nebraska Workers’ Compensation Court Case Management System provides interactive programs designed to support the court’s adjudicatory and administrative functions.

   (2) The Nebraska Workers’ Compensation Court Case Management System is maintained by the Nebraska Workers’ Compensation Court for exclusive use by authorized court personnel.

   (C) By the Appellate Courts Case Management System under the control of the Nebraska Supreme Court, including, but not limited, to orders. The Appellate Courts Case Management System is maintained by the Nebraska Supreme Court for exclusive use by authorized court personnel of the Nebraska Supreme Court and the Nebraska Court of Appeals.

   (D) For all procedural and statutory purposes, a document with a digital signature by authorized court personnel shall have the same force and effect as a document with a manual or handwritten signature by the same authorized court personnel.

   (E) Unauthorized use of any court’s case management system will invalidate the document which was issued through the unauthorized application.

   (F) The designated original of any document is the case file copy with the digital signature affixed by the authorized court personnel and file stamped by the clerk.

§ 1-306(A)(2) and (C) amended February 2, 2012.

   Only the Nebraska Supreme Court may promulgate rules governing the use of digital signatures for authorized court personnel. Any other rule, regulation, or policy now in effect purporting to govern the use of digital signatures by authorized court personnel is superseded by this rule.

   Each county court, district court, and the Nebraska Workers’ Compensation Court, by action of a majority of its judges, may from time to time recommend a local rule governing the use of digital signatures by authorized court personnel in each applicable judicial district and Nebraska Workers’ Compensation Court which is not inconsistent with this rule or inconsistent with any directive of the Supreme Court or statutes of the State of Nebraska. Such recommended rule shall be submitted in writing and on a disk in a Microsoft Word compatible format. Any such recommended rule shall not become effective until approved by the Supreme Court and published in the Nebraska Advance Sheets.

   Any person claiming to have been discriminated against by the Nebraska Court System on the basis of disability may use this grievance procedure. Use of this grievance procedure does not prohibit an employee of the Supreme Court from using the existing grievance procedures established in the Nebraska Supreme Court Personnel Policies and Procedures. Persons who use the grievance procedures set out in this policy should be aware that it may not extend the time limits for filing a complaint with the appropriate federal agency regarding their grievance. Use of this grievance procedure does not prohibit any person from filing a complaint with an appropriate federal entity or pursuing available remedies in court.

   Any person aggrieved by an action of the Nebraska Court System relating to a disability should send a brief description of the incident or policy involved to:

Judy Beutler
Associate Administrator (ADA Coordinator)
State Court Administrator's Office
P.O. Box 98910
Room 1220, State Capitol
Lincoln, NE 68509-8910

within forty-five days of the action given rise to the grievance.

   Upon receipt of the written complaint, the ADA coordinator will acknowledge in writing receipt of the complaint as soon as possible.

   The ADA coordinator, or his/her designee, will initially review issues involved in the complaint to determine whether or not an informal resolution of the complaint is possible, and if so, to arrange such a resolution. If an informal resolution is not possible, the complaint will be investigated to determine its validity. Within forty-five days of the receipt of the written complaint, a report of the conclusion reached will be prepared. This will include the options available to the Nebraska Court System to resolve the issues raised for the consideration of the State Court Administrator’s Office.

   The State Court Administrator will initiate appropriate steps to implement decisions reached through this process. A written decision will be sent to the individual filing the complaint by the State Court Administrator detailing any actions or proposed actions taken by the agency. The written decision will be sent to the individual within 60 days of the agency’s receipt of the individual’s complaint.

   Nothing in this policy prevents any individual claiming to have a grievance under the ADA from contacting the Nebraska Court System ADA coordinator for assistance and informally pursuing resolution of problems that may arise.

   Any deadlines established in these procedures may be waived by written mutual consent.

   It is essential to the public that judges and judicial branch employees continue their education in order to maintain and increase their professional competence, to fulfill their obligations under the Nebraska Revised Code of Judicial Conduct, and to ensure the delivery of quality judicial services to the people of the State of Nebraska. These rules establish minimum requirements for judicial branch education for all Nebraska judges and judicial branch employees and allow for the education of those serving the courts as directed by the Supreme Court and Judicial Branch Education Advisory Committee.

§ 1-501 amended December 22, 2010, effective January 1, 2011; § 1-501 amended March 13, 2013.

   The Director of Judicial Branch Education (Director) shall administer the program of mandatory judicial branch education established by these rules. The Nebraska Judicial Branch Advisory Education Committee (Committee) shall formulate rules and regulations and may modify or amend the same subject to approval by the Supreme Court. All rules and regulations shall clearly state an effective date.

Rule 2 amended December 13, 2006. Renumbered and codified as § 1-502, effective July 18, 2008.

   (A) Subject to § 1-503(C) and (D), each trial judge and appellate judge of the State of Nebraska shall earn a minimum of 10 judicial branch education credits in each annual reporting period. Clerk magistrates, probation officers, and official court reporters shall earn a minimum of eight judicial branch education credits in each annual reporting period. All other judicial branch employees shall attend judicial branch education programs as directed by the Supreme Court or the Committee. The Administrative Office of the Courts and Probation may require employees to attend educational programs in excess of the hours established above.

   (B) Judicial branch education credits for each employee shall be reported to the Director in such form and manner as the Committee shall prescribe.

   (C) A retired judge working more than 60 days (whether part or full days) per year in a judicial capacity shall be required to fulfill the judicial branch education requirements.

   (D) The Committee may grant extensions of time to complete judicial branch education requirements for good cause shown. The press of business shall not be considered good cause.

Rule 3(B) amended February 1, 2006; Rule 3(A) amended; Rule 3(B), 3(C)-(E) renumbered, and 3(C) amended May 23, 2007. Renumbered and codified as § 1-503, effective July 18, 2008.

   (A) The primary objective of judicial branch education is to increase the professional competence of judicial branch employees and to assist the employees in providing appropriate judicial branch services. Judicial branch education credits will be granted for a particular activity if the Committee determines that the activity meets the following standards:

   (1) It constitutes an organized program of learning, including a lecture, workshop, or symposium, which contributes directly to the professional competency of the judicial branch employee;

   (2) It pertains to subject matter having significant intellectual or practical content relating to the administration of justice or to the education of judges with respect to their professional or ethical obligations; and

   (3) It is conducted or taught by individuals who have appropriate academic or practical skills to conduct the course effectively and who have special education, training, or experience. It provides each attendee with written course materials which substantively pertain to the subject matter of the program. The materials shall be of a quality and quantity which indicate that adequate time has been devoted to their preparation and will be of value to the attendees in their employment.

   (B) During all courses, including those presented by telecommunications or utilizing other educational technologies, there should be an opportunity to ask questions of the course faculty. If a faculty member is not available either in person or via telephone, then a qualified commentator should be available to offer comment and answer questions in writing or via e-mail.

   (C) Programs, seminars, or activities that cross professional lines, such as medical-legal programs or humanity programs, may be approved if the committee determines that the standards set forth herein are satisfied.

   (D) The Principles and Standards of Nebraska Judicial Education are hereby adopted.

§ 1-504(B) amended April 13, 2011.

   (A) If the Committee is satisfied that a sponsor's program meets the requirements set forth in § 1-504, the Committee may accredit such sponsor and its program without formal application from such sponsor as required in § 1-505(B).

   (B) An organization or person desiring accreditation as a sponsor of courses, programs, or other judicial branch education activities, not otherwise accredited by the Committee, may apply for accreditation to the Committee. The Committee shall accredit a sponsor if it is satisfied that the sponsor's program will meet the standards set forth in § 1-504.

   (C) A sponsor wishing to apply for accredited-sponsor status shall submit to the Committee, on a form approved for that purpose, information on other judicial branch education programs offered during the 2 years immediately preceding the request for accredited sponsor status. If the sponsor has been offering judicial branch education courses for 5 years or less, the Committee may, at its discretion, request submission of course materials for inspection.

   (D) The Committee may at any time reevaluate an accredited sponsor. If after such reevaluation the Committee finds there is cause for revocation of the accreditation of a sponsor, the Committee shall issue a show cause order why such accreditation should not be revoked and the Committee may, at its discretion, hold a hearing thereafter and may revoke the accreditation of the sponsor. If the Committee in its judgment concludes that a course fails to meet the standards for approval, it may deny or withhold approval for the course even though offered by an accredited sponsor.

   (E) An organization or person, other than an accredited sponsor, desiring prior approval of a course, program, or other judicial branch education activity, or a judge or judicial branch employee of this State who desires to have such activity approved for judicial education branch credit prior to attendance, shall apply for approval to the Committee at least 45 days before the activity. The Committee shall approve or deny such application in writing within 30 days of receiving the application.

   (F) A judge or judicial branch employee seeking credit for participation in an education activity for which credits were not approved in advance by the Committee shall, before or after the activity, submit to the Committee a written report which includes a brief resume of the activity; its dates, subjects, and instructors and their qualifications; and a copy of the program outline, brochure, or other documentation upon which the Committee can make a determination as to the credits to which the applicant is entitled. Within a reasonable time after receipt of the written report and accompanying materials, not to exceed 90 days, the Committee shall advise the judge or judicial branch employee in writing of the number of credits, if any, being granted.

   (G) Credit will be given on a reciprocal basis to programs approved by continuing judicial education committees or continuing legal education committees of other jurisdictions on an hour-by-hour basis.

   (H) During all courses, including those presented by telecommunications or utilizing other educational technologies, there must be an opportunity to ask questions of the course faculty. If a faculty member is not available either in person or via telephone, then a qualified commentator must be available to offer comment and answer questions directly, in writing, or via e-mail.

   (I) Sponsors of courses who have been approved may announce in information brochures or registration materials: "Subject to the Nebraska Supreme Court Judicial Branch Education Rules, this course has been approved by the Judicial Branch Education Committee for a maximum of ___ credits." Sponsors of courses for which approval has been sought, but not yet received, may announce: "Application for judicial branch education credit approval of this activity in Nebraska is currently pending."

   (A) Judicial branch employees shall not be required to fulfill their mandatory education requirement until the end of their first full year of employment.

   (B) Upon application, the Committee may award such credit as it determines for authorship of legal articles or books.

   (C) The Committee may award up to 6 credits annually for preparation and speaking at an approved program or for preparing written materials which are distributed at an approved judicial branch education program. The credits shall be in addition to credits for attendance at the judicial branch education program.

   (D) Questions regarding the appropriateness of awarding judicial branch education credit for attendance at judicial education programs not sponsored by Nebraska Judicial Branch Education, or requests for funding to attend such programs, shall be initially submitted to and resolved by the Judicial Branch Education Director. Denial of such credits or requests for funding by the Director may be reviewed by the Judicial Branch Education Advisory Committee.

   (E) Judicial Branch Education credits shall not be given to judges for attendance at programs not sponsored by Nebraska Judicial Branch Education which do not adhere to ethical standards of the Nebraska Revised Code of Judicial Conduct, including, but not limited to, § 5-303.14. It is the responsibility of the individual judge who seeks to participate in a nonsponsored judicial branch education activity to ensure that the program agenda is appropriately balanced and that attendance at such program complies with the Nebraska Revised Code of Judicial Conduct.

Rule 6(A) amended February 1, 2006; Rule 6(D) and (E) amended December 13, 2006. Renumbered and codified as § 1-506, effective July 18, 2008; § 1-506(C) amended March 25, 2009; § 1-506(E) amended December 22, 2010, effective January 1, 2011.

   (A) A judge who submits a false report for judicial branch education credits or who fails to correct an erroneous transcript of judicial branch education credits shall be reported to the Judicial Qualifications Commission for disciplinary proceedings. Other judicial branch employees who shall submit a false report for judicial branch education credits or who fail to correct an erroneous transcript of judicial branch education credits shall be subject to dismissal from employment or such other sanctions as believed appropriate by the Supreme Court pursuant to the Nebraska Supreme Court Personnel Policies and Procedures Manual.

   (B) In the event a judge fails to comply with these rules, the Committee shall promptly notify the judge of the noncompliance by sending a notice thereof to the judge at the judge's principal place of office. The statement of noncompliance shall advise the judge that within 30 days a plan to correct the noncompliance must be submitted to the Committee for its consideration and approval. Should the judge fail to correct the noncompliance within a reasonable period of time, the Committee shall report the noncompliance to the Nebraska Judicial Qualifications Commission as a possible violation of § 5-302.0, Canon 2, of the Nebraska Revised Code of Judicial Conduct. Furthermore, the Supreme Court may enter an order requiring the judge to appear and show cause why sanctions should not be imposed by the Court against the judge for willful failure to comply with these rules of the Court.

   (C) Should any judicial branch employee fail to comply with these rules for judicial branch education, the Committee shall promptly notify the individual of the noncompliance by sending a notice thereof to the individual at the individual's work address. The employee's supervisor shall also be notified of the noncompliance. The statement shall advise the individual that the noncompliance must be corrected within 30 days or a written plan to correct the noncompliance must be submitted to the Committee for its approval within 30 days. Failure of the individual to correct the noncompliance shall subject the individual to such sanctions as are permissible in the Supreme Court Personnel Policies and Procedures Manual including the possible termination of employment.

   (D) Unless otherwise directed by the Supreme Court, the files, records, and proceedings of the Committee, as they may relate to or arise out of the failure of an individual to satisfy the minimum judicial branch education requirements established by these rules, shall be confidential and shall not be disclosed except in furtherance of the Committee's duties or upon request of the individual affected.

§ 5-107(B) amended December 22, 2010, effective January 1, 2011.

   The annual reporting period is a period of 1 year with the first period beginning on the first day of January after an individual becomes an employee of the judicial branch and continuing until the last day of December of each year.

   Credits for approved programs shall be awarded on the basis of 1 credit for each hour actually spent in attendance at approved or accredited judicial branch education activities. Partial credit may be earned on a 1/10 hour basis.

Rule 9 amended February 1, 2006. Renumbered and codified as § 1-509, effective July 18, 2008.

   These rules shall be effective on or after July 1, 2004. An implementation schedule for specific groups of judicial branch employees has been developed by the Director and will be followed in implementing the terms of this rule. Full implementation of mandatory judicial branch education is anticipated by fiscal year 2007-08, if resources permit.

   The Nebraska Supreme Court shall appoint a Judicial Branch Education Advisory Committee consisting of 13 members:

COMPOSITION:

Chief Justice, or his/her delegate (ex officio)
Court of Appeals Judge
District Court Judge
County Court Judge
Separate Juvenile Court Judge
Clerk Magistrate
Clerk of the District Court
Probation Officer
Court Reporter
Workers' Compensation Court designee
State Court Administrator (ex officio)
State Probation Administrator (ex officio)
Director of Judicial Branch Education (ex officio)

SELECTION:

Appointment by Chief Justice with the recommendation of the individual education committees.

   The Supreme Court shall designate one of the members as chair and one member as vice chair who may serve in the event of disqualification or unavailability of the chair. Members serve staggered, renewable 3-year terms. The Committee shall convene not less than two times per year.

§ 1-511 amended April 14, 2010.

   The Nebraska Supreme Court Judicial Branch Education Advisory Committee shall have authority to:

   (A) Develop and review standards and administrative rules addressing such issues as the criteria for mandatory education for judges, criteria for approval of qualified activities, reporting requirements, sanctions for noncompliance, exemptions, and confidentiality of records for approval of the Court and incorporation into this rule. (See Appendix A.)

   (B) Develop and review standards and administrative policies for education of all non-judge judicial branch employees including criteria for approval of qualified activities, reporting requirements, sanctions for noncompliance, and exemptions for the approval of the Court and incorporation into this rule. (See Appendix A.)

   (C) Make recommendations to the State Court Administrator regarding budget requests and pursue grant funding.

   (D) Develop policies regarding funding for travel and other related education expenses for all employees both in-state and out-of-state.

   (E) Serve as a liaison to the various employee groups in the development of curriculum and participate in the design of specialized programming.

   (F) Develop and host education for those serving the courts as directed by the Supreme Court and Judicial Branch Education Advisory Committee, and collect fees for such education to offset development costs.

   (G) Participate in additional activities as assigned by the Supreme Court in order to promote excellence in the administration of justice through quality education.

Click here to view members of the Committee.

§ 1-512(F) and (G) amended March 13, 2013; § 1-512(A) and (B) amended April 10, 2013.

   (A) Upon request to the judge chairperson of the appropriate Judicial Nominating Commission, the Clerk of the Supreme Court, or the State Court Administrator, an applicant for judicial appointment will receive a Judicial Vacancy Application Package which consists of instructions to the applicant, an application for judicial vacancy form, a copy of the Nebraska Revised Code of Judicial Conduct, a personal data sheet, and a copy of these rules. Such documents, which include “Fill-in” versions of necessary forms, may also be found at and downloaded from the Nebraska Judicial Branch Web site at http://supremecourt.ne.gov/forms.

   (B) The application, including attachments, and the personal data sheet must be filed by mail or electronically by e-mail with the commission chairperson not later than 21 days prior to the date of the public hearing. The Fair Credit Reporting Act Disclosure Statement and the Waiver of Confidentiality form attached to the application must be signed and sworn to before a notary public. Such notarized documents may be electronically submitted as a scanned document, provided that the applicant retains possession of the original bearing the required signatures and notary stamps. An applicant for any judicial vacancy may be investigated to, among other things, verify the accuracy of information provided.

   (C) Submission of the documents referred to above may be by regular mail to Nebraska Supreme Court, P.O. Box 98910, Lincoln, Nebraska 68509. In the alternative, such documents may be electronically submitted by scanning the Application (which includes the Fair Credit Reporting Act Disclosure Statement and the Waiver of Confidentiality form), the personal data sheet, and the legal writing sample; saving each document as a separate PDF file; and attaching each PDF file to an e-mail sent to nsc.jnc@nebraska.gov. It is recommended that the e-mail transmitting these documents requests acknowledgment of receipt.

   (D) The personal data sheet is a confidential communication between the commission, its staff, and the applicant. However, any applicant's name forwarded to the Governor shall be accompanied by the application, personal data sheet, and results of any investigation conducted on behalf of the commission.

Rule 1(B) amended December 21, 1994. Renumbered and codified as § 1-601, effective July 18, 2008; § 1-601(A) amended December 22, 2010, effective January 1, 2011; § 1-601(A)-(D) amended November 14, 2012.

   (A) If a relationship between a commission member, or the Supreme Court member who chairs the commission, and an applicant falls into one of the following four categories, the commission member or chairperson shall recuse himself or herself from the commission:

   (1) Any relationship to the applicant by blood or marriage by virtue of being the applicant's spouse, child, or spouse of a child. The commission member shall not be related to the applicant under the third degree of relationship test. The third degree of relationship test is defined as being the applicant's or the applicant's spouse's parent, grandparent, aunt, uncle, sibling, nephew, or niece, or spouse of any of these relatives. Additionally, the commission member shall recuse himself or herself in situations where the applicant and commission member are sharing or have shared a residence during the past 5 years.

   (2) Any arrangement involving the practice of law or an employment relationship including, but not limited to, partnership, professional corporation, or office sharing within the past 5 years.

   (3) Any relationship in which the commission member and applicant are actively engaged in managing a common profitmaking business or venture.

   (4) Any instance in which the member of the commission would cast his or her vote on a basis other than an applicant's qualification for the office.

   (B) If the person recusing himself or herself is the Supreme Court member who chairs the commission, the Chief Justice or the next senior judge shall request the Governor to appoint another member of the Court to chair such commission meeting.

   (C) Any person may challenge the impartiality of a member or the chairperson of a judicial nominating commission. The challenge shall be in writing and directed to the Supreme Court member chairing such commission. If a challenge is raised regarding the impartiality of a member or the chairperson and the person so challenged declines to disqualify himself or herself, the unchallenged members of the commission shall rule on the challenge by a majority vote. Any such decision shall be attached to the information forwarded to the Governor and attached to the report submitted to the State Court Administrator.

   (D) A violation of § 1-602(A)(1) by a commission member will not constitute cause for rescission of a judicial nomination or reopening of the commission process.

   (A) Each commission member will execute the official oath and a statement of understanding, attached hereto as exhibit A.

   (B) Each commission member will be provided a Nebraska Judicial Nominating Commissioner's Handbook, the contents of which shall include the American Bar Association's Guidelines for Reviewing Qualifications of Candidates for State Judicial Office and a checklist of qualifications. The qualifications checklist will be used as a guide to provide uniformity in evaluating candidates.

   (C) The commission is encouraged to hold private interviews with candidates prior to or following the public hearing.

   (D) The list of applicants determined to be sufficiently qualified to hold the judicial position in question shall be submitted to the Governor in alphabetical order.

Statement of Understanding of Ethical Considerations

   In the performance of their duties, the judicial nominating commission members shall be ever mindful that they hold positions of public trust. No commission member shall conduct himself or herself in a manner which reflects discredit upon the judicial selection process or discloses partisanship or partiality in the consideration of applicants. Consideration of applicants shall be made impartially, discreetly, and objectively. A commission member shall disclose to the commission all personal and business relationships with a prospective applicant that may directly or indirectly influence his or her decision. After certification of a list of sufficiently qualified applicants to the Governor, no commission member shall attempt, directly or indirectly, to further influence the ultimate decision of the Governor. No attempt shall be made to rank such nominees whose names are made public or to otherwise disclose a preference of the commission.

   In accordance with the above ethical considerations, I will accept the following responsibilities:

   1. I will disclose any conflict of interest that I may have with any of the applicants.

   2. I will avoid preselection of nominees, "hidden agenda," or consideration of factors other than the merit of the applicants.

   3. I agree not to discriminate against any applicant because of the applicant's race, religion, gender, political affiliation, age, or national origin.

   4. I will not divulge any of the applicants' confidential information or the commission's deliberations except as provided by the Judicial Nominating Commission rules.

Exhibit A amended December 21, 1994.

   Procedures for filling yearly advisory council vacancies shall be set forth in the policy manual of the Office of Dispute Resolution.

   Procedures for regular council meetings and task force meetings shall be defined in the policy manual of the Office of Dispute Resolution.

   The director's responsibilities regarding such areas as center information development, application, and reporting, as well as the general areas of program budgeting, sliding scale fees, public awareness, and training, shall be defined in the policy manual of the Office of Dispute Resolution.

   An application for funding by a center must include all the statutory requirements: plan of operation, objec­tives, population served, administrative organization, record-keeping procedures, mediator ­qualifications, annual budget, and proof of nonprofit status. Specific application requirements are set forth in the policy manual of the Office of Dispute Resolution.

   All centers must have clearly established procedures in the following areas: permanent files, numbered case files, center forms and records, mediation training, mediation payment, center fees, accounting system, compliant procedures, and divorce policies. Specific procedure requirements are defined in the policy manual of the Office of Dispute Resolution.

   The center will report quarterly to the Office of Dispute Resolution. The annual report will be a summation of the quarterly reports in that year. Reporting forms may be supplied by the Office. Information for the reports should include the following: referral source, outcomes of cases, types of cases, participant evaluations, cost of sessions, and outreach. These areas are defined in the policy manual of the Office of Dispute Resolution.

   Complaints may be made directly to a center or to the Office of Dispute Resolution. Grievance procedures pursuant to the policy manual of the Office of Dispute Resolution shall be followed.

   The purpose of this policy is to set forth the method to access summary trial court records, which shall be allowed only by means of Public Access, Remote Access, and Compiled Information, as set forth below.

§ 1-801 amended May 15, 2013.

   (A) Trial Courts are District Courts, County Courts, and Separate Juvenile Courts.

   (B) In Electronic Form means information which exists as data in the fields or files of an electronic database.

   (C) Case Management System (CMS) is computer system designed to monitor and track court filings and events, and to account for all financial information in that case. JUSTICE is the case management system developed and maintained by the State Court Administrator’s Office.

   (D) Public includes:

   (1) any person and any business or non-profit entity, organization or association;

   (2) any governmental agency for which there is no existing policy defining the agency’s access to court records;

   (3) media organizations; and

   (4) entities which gather and disseminate information for whatever reason, and regardless of whether it is done with the intent of making a profit, without distinction as to the nature or extent of access.

   (E) Public does not include:

   (1) court or clerk of court employees;

   (2) people or entities, private or governmental, who assist the court in providing court services;

   (3) public agencies whose access to court records is defined by another statute, rule, order or policy; and

   (4) the parties to a case or their lawyers regarding access to the court record in their case.

   (F) Public Access means the public can inspect and obtain a copy of the information in a court record.

   (G) Remote Access means the ability to electronically search, inspect, or copy information in a court record without the need to physically visit the court facility where the court record is maintained.

   (H) Bulk Distribution means the distribution of all, or a significant subset, of the information in court records, as is and without modification or compilation.

   (I) Compiled Information means information derived from the selection, aggregation or reformulation of selected information from more than one individual court record.

§ 1-802(D) and (E) amended May 15, 2013.

   Every member of the public may access the same information from the same records except as otherwise specifically provided. Stated differently, every public user will see the same information.

   Information in a court record is accessible to the public unless prohibited by this policy or applicable laws.

   The following records in a court Case Management System may be accessed via the Internet unless public access is restricted by law, court rule, or this policy.

   (A) Litigant/party indexes to cases filed with the court;

   (B) Summary information about each case including the names of the parties;

   (C) Registers of actions describing the documents filed in a case;

   (D) Calendars of court proceedings, including the case number, caption, date, time, and location of scheduled hearings;

   (E) Summary information about judgments, orders, or decrees in a case.

   Bulk distribution of court records in electronic form is not allowed except to preserve records and comply with courts’ records retention schedules.

   Requests to compile court information will be considered only when the public interest will be served through significant scholarly, governmental, research, evaluation or statistical purposes. Applications should be directed to the Court Records Contact.

Court Records Contact
Nebraska State Court Administrator’s Office
1220 State Capitol Building
Lincoln, NE 68509-8910

   The following information in a court record may not be accessed by the public:

   (A) Information enumerated in Neb. Rev. Stat. § 84-712.05.

   (B) Information that is not to be accessible to the public pursuant to state law, court rule, or case law, including, but not limited to, the following:

   (1) Criminal History Information as set forth in the Security, Privacy, and Dissemination of Criminal History Information Act. See Neb. Rev. Stat. § 29-3501.

   (2) Adoption case records (Neb. Rev. Stat. § 43-113).

   (3) The names and addresses of victims in criminal cases.

§ 1-808(B)(3) amended May 15, 2013; § 1-808(B)(4) deleted May 15, 2013.

   (A) Court records will be available for public access in the courthouse during regular office hours.

   (B) Court records in electronic form which can be accessed remotely will be available for access at least during the hours established by the court for courthouse access, subject to unexpected technical failures or normal system maintenance.

   (C) Upon receiving a request for access to information the court will respond within a reasonable time regarding the availability of the information and provide the information within a reasonable time.

   The Nebraska Supreme Court may establish fees for remote access to JUSTICE records.

   The general public may use at the library premises and during regular library hours the material housed in the Nebraska State Library and may, at the user's expense, photocopy library materials in accordance with the copyright laws, utilizing photocopy equipment located on the library premises.

Rule 1 amended February 26, 2003. Renumbered and codified as § 1-901, effective July 18, 2008.

   (A) State Senators, Justices of the Supreme Court, Judges of the Court of Appeals, Directors of State agencies, and the Attorney General, and members of their respective staffs, may check out and use away from the library premises for a period of no more than 10 days any material required in the performance of their duties; provided, however, that the librarian shall call for its return sooner if the material checked out is needed by a State Senator, Justice of the Supreme Court, or Judge of the Court of Appeals.

   (B) Unless return is requested sooner by the librarian, the following material may be checked out from the library and used away from the library premises by members of the Nebraska State Bar Association for a period of not more than 5 days:

American Jurisprudence Proof of Facts
American Jurisprudence Trials
Bound Periodicals
Bound Federal Register
Nebraska Continuing Legal Education Seminar Manuals
Advance Sheets (retired)
State Reports, Nebraska excluded
Code of Federal Regulations (retired)
Treatises
U.S. Government Publications, not otherwise designated

   (C) Members of the Nebraska State Bar Association may check out the following materials for no more than 1 day:

American Jurisprudence 2d
American Jurisprudence Pleading and Practice Forms
American Law Reports
BNA Tax Management Portfolios
Code of Federal Regulations (current)
Corpus Juris Secondum
Legal Forms Books
Looseleaf Services (BNA & CCH)
Nebraska Briefs
Nebraska How to Practice Manuals
Nebraska Jury Instructions
Personal Injury Valuation Handbooks
State and Federal Court Rules
State Jury Instructions
U.S. Code Service
Unbound Periodicals
State Statutes, Session Laws, Nebraska excluded
Unbound Federal Register
Words and Phrases

   (D) Materials not specified in § 1-902(B) and (C) may not be checked out by anyone other than those users specified in § 1-902(A).

Rule 2 amended January 19, 1995; Rule  2 amended February 26, 2003. Renumbered and codified as § 1-902, effective July 18, 2008.

   The librarian shall devise a checkout system which ensures that the identity of the material checked out and the name, address, and telephone number of the user who checked it out are known at all times.

Rule 3 amended February 26, 2003. Renumbered and codified as § 1-903, effective July 18, 2008.

   Checkout of materials specified in § 1-902(B) may be renewed for one additional 5-day period, unless the material is called for by the librarian. Checkout of materials specified in § 1-902(C) may not be renewed.

Rule 4 adopted February 26, 2003. Renumbered and codified as § 1-904, effective July 18, 2008.

   Failure to make timely return of items in good condition may result in the loss of checkout privileges.

Rule 5 (previously numbered 4) amended February 26, 2003. Renumbered and codified as § 1-905, effective July 18, 2008.

   (A) Purpose. The Nebraska State Library provides current, comprehensive, and efficient resources for legal information, allowable within its budget, to the Nebraska Judiciary, the legal community, and the public. The purpose of this rule is to ensure that Nebraska State Library users have reasonable access to the library’s electronic resources while respecting the rights of others.

   (B) Disclaimer. Patrons access Nebraska State Library computers at their own risk.  Legal information may be inaccurate, out of date, or incomplete. Users of the computers are encouraged to exercise caution and critical judgment in evaluating the validity of information accessed via the Internet. Users of the library computers shall have no expectation of privacy while using the resources. The Nebraska State Library assumes no responsibility for damages, direct or indirect, arising from the use of the computers.

   (C) Acceptable uses.

   (1) Nebraska State Library public computers and Internet access are provided to conduct legal research or to retrieve federal, state, or local government documents.

   (2) E-mail accounts may be used to send legal research results to the user's home or office.

   (3) More than one person may share a computer terminal as long as it is by mutual agreement and their behavior and conversation do not disturb other library users or library staff.

   (4) Children under the age of 18 may use the computers to research a legal issue only with the permission of library staff.

   (D) Unacceptable uses.

   (1) Nebraska State Library computers may not be used for any purpose that violates federal, state, or local laws, including violation of applicable laws pertaining to intellectual property.

   (2) Nebraska State Library computers may not be used to add, modify, change, alter, damage, download, save, upload, evade, or otherwise interfere or change any established computer hardware, software, security, or other computer system.

   (3) Nebraska State Library computers may not be used for non-research purposes, such as e-mail, chat rooms, games, pornography, commercial activities, solicitation of funds, or product sales.

   (4) Nebraska State Library computers may not be used to engage in any illegal purpose, including, but not limited to, hacking, misrepresentation, harassment, slander, or the intimidation or threatening of another person or entity.

   (5) Nebraska State Library computers may not be shut off or restarted by users.

   (E) Time. Terminals are available on a first come, first serve basis. Research periods are limited to 30 minutes if someone is waiting to use the terminal. Users are requested to be considerate of the patrons waiting to use the terminal.

   (F) Right to Privacy. All library users are expected to respect the privacy of those using the Nebraska State Library public computers and not interfere with their use. Public computer workstations are located in open areas where others may see words or images that appear on the computer monitors.  Users must be aware that this public environment precludes any guarantee of privacy.

   (G) Printing. Printing costs 10 cents per printed page. Printed materials may be picked up and paid for at the library's front desk.

   (H) Enforcement of Policy. Users who engage in illegal activities on the Internet will be reported to the appropriate authorities. Failure to use Nebraska State Library public computers and Internet access appropriately and in accordance with this rule may result in:

   (1) Suspension of equipment use privileges; and/or

   (2) Suspension of access to the Nebraska State Library.

   Each Library staff person has the authority and responsibility to enforce this rule.

Rule 6 adopted November 30, 2005. Renumbered and codified as § 1-906, effective July 18, 2008.

   (A) Perfecting the Appeal. Every appeal shall be deemed perfected when the notice of appeal as provided in § 2-101(B)(1)(a) and the docket fee required by Neb. Rev. Stat. § 33‑103 or an application to proceed in forma pauperis and a poverty affidavit pursuant to Neb. Rev. Stat. § 29‑2306 or Neb. Rev. Stat. § 25‑2301 et seq. have been filed in the office of the clerk of the trial court and such application has been granted by that court.

   (B) Forwarding to Supreme Court. The clerk of the district court shall within 2 business days of receipt of a notice of appeal send the following items to the Clerk of the Supreme Court:

   (1)(a) Notice of appeal. The notice of appeal shall be deemed made to the Court of Appeals unless the notice contains language specifically requesting appeal to the Supreme Court along with citation to the statutory authority allowing such appeal to the Supreme Court.

   (b) If a notice of appeal filed in a case involving termination of parental rights is not signed by the parent whose parental rights were terminated, the appeal shall be subject to summary affirmance pursuant to § 2‑107(A) unless, following issuance of an order to show cause and a 15-day response time, the before-mentioned parent files an affidavit with the appellate court stating his or her intention to proceed with the appeal or other good cause is shown. This subsection shall not apply to a child's guardian ad litem taking an appeal in such cases.

   (2) Request for transcript; see § 2-104(A);

   (3) Request for bill of exceptions; see § 2-105(B);

   (4) Check of the clerk of the district court for docket fee, or a copy of the application to proceed in forma pauperis and accompanying poverty affidavit which has been executed no more than 45 days prior to the filing of notice of appeal; and

   (5) A certificate, which shall contain the following information:

   (a) The caption of the case, including the names and adversary relationship of all the parties, as the case was filed in the district court;

   (b) 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;

   (c) Whether the case is a civil case or a criminal case; if a civil case, whether the case is law (general) or equity, if applicable; if a criminal case, whether there was a trial to a jury or judge, or whether a guilty or nolo contendere plea was accepted by the court, whether a plea in bar was entered, and whether the case is a felony, misdemeanor, or postconviction; and

   (d) If the notice of appeal is to the Supreme Court, whether the appeal involves a sentence of death or life imprisonment, constitutionality of a statute, or other statutory authorization therefor.

   (e) The date the notice of appeal was filed in the district court and the date the docket fee was paid to the clerk of the district court.

    (f) Whether the requirements of Neb. Rev. Stat. § 25‑1914 with regard to cost bond, cash in lieu of cost bond, or supersedeas bond or poverty affidavit have been met and the date filed.

   (g) Indicate if a motion for new trial was filed in the trial court and the date of disposition.

See appendices 5 and 6.

   (C) Method of Docketing Case; Multiple Appeals from Same Case Prohibited. Upon receipt of the material required by § 2-101(B), the Clerk of the Supreme Court shall thereupon docket the case designating the party or parties first having filed the notice of appeal in the district court as appellant or appellants. All other parties shall be designated as appellees, and any attempt to appeal thereafter made by any party to the action shall be filed in the existing case and not separately docketed.

   (D) Appeal from Special Tribunals. In an appeal from an order of the Nebraska Department of Natural Resources or other tribunal from which an appeal can be taken directly to this court, the procedure shall be that provided for in appeals from the district court, except as otherwise provided by statute.

   (E) Cross‑Appeal. The proper filing of an appeal shall vest in an appellee the right to a cross‑appeal against any other party to the appeal. The cross‑appeal need only be asserted in the appellee's brief as provided by § 2‑109(D)(4).

   (F) Attorneys of Record and Pro Se Litigants.

   (1) The attorneys of record and guardians ad litem of the respective parties in the court below shall be deemed the attorneys and guardians ad litem of the same parties in this court, until a withdrawal of appearance has been filed together with an affidavit that a copy of such withdrawal has been sent to counsel's client by certified mail to the client's last-known address and by regular mail to the adverse party or that party's attorney of record. Counsel in any criminal case pending in this court may withdraw only after obtaining permission of this court. The method for the withdrawal of court‑appointed counsel is specified by § 2-103(B).

   (2) All attorneys of record and pro se litigants are required to keep the Clerk of the Supreme Court advised in writing of their current address during the pendency of an appeal in the Supreme Court or Court of Appeals for use in notification of all court orders. See § 2-110.

   (G) Costs and Security for Costs.

   (1) Docket fees shall be paid in advance as required by Neb. Rev. Stat. § 33‑103, except in the following categories of cases:

   (a) Docket fees are waived in cases brought under the Nebraska Workers' Compensation Act and the employment security law.

   (b) Where an application to proceed in forma pauperis and a timely affidavit of poverty has been filed pursuant to Neb. Rev. Stat. § 29‑2306 or Neb. Rev. Stat. § 25‑2301 et seq., advance payment of docket fees is not required.

   (c) Docket fees in habeas corpus proceedings and disciplinary actions against members of the Nebraska bar are not required in advance. Fees in these cases will be collected at the conclusion of the proceeding.

   (2) All cases must comply with Neb. Rev. Stat. § 25‑1914, unless specific statutory exceptions exist. A case will be dismissed for failure to comply with § 25‑1914 if a motion is filed in accordance with § 2-106. Additional time for compliance with the statute may be requested by motion and a showing of good cause.

Rule 1(A), (B)(1), (B)(4), (B)(5)(c) – (B)(5)(g), (C), (E), (F)(2), (G)(1)(b) and (G)(2) amended May 28, 1992; Rule 1(F)(1) amended March 31, 1993; Rule 1(A) amended May 29, 1997; Rule 1(A), (B), (B)(4), and (G)(1)(a) and (b) amended October 14, 1999; Rule 1(F)(2) amended October 16, 2003; Rule 1(B)(1) amended September 13, 2006. Renumbered and codified as § 2-101, effective July 18 2008; § 2-101(D) amended December 22, 2010.

   (A) Nebraska Supreme Court Rules to Apply. Unless otherwise specified, the Nebraska Court Rules of Appellate Practice shall apply to the Nebraska Court of Appeals.

   (B) Petition to Bypass. Any party to a case appealed to the Court of Appeals may file with the Supreme Court a petition to transfer the appeal to the Supreme Court and to bypass review by the Court of Appeals. The petition to bypass shall be filed simultaneously with the initial brief of the party. Such petition shall set forth the basis for the petition, including one or more of the factors set out in Neb. Rev. Stat. § 24‑1106(2).

   (1) Filing and Service of Petition to Bypass. An original and one copy of the petition to bypass and brief in support thereof, together not to exceed five pages in length, with proof of service, shall be filed with the Supreme Court Clerk. A copy of the petition to bypass and brief shall be served on the opposing party or attorney of record. Service and proof of service shall be in accordance with Neb. Ct. R. Pldg. §§ 6‑1105(b) and 6-1106(e).

   (2) Objection. Any objection to the petition to bypass shall be due when the brief of the responding party is filed or, when no reply brief is filed, before the expiration of the time prescribed for such filing as provided by § 2-109(A)(3). Such objection and brief in support thereof shall not exceed five pages in length. An original and one copy of the objection and brief, together with proof of service on the opposing party or attorney of record, shall be filed with the Supreme Court Clerk.

   (3) Oral Argument. No oral argument is permitted on the petition to bypass except as may be ordered by the Supreme Court; in such event, oral argument shall be limited to 5 minutes per side.

   (4) Submission. All petitions to bypass shall be submitted for decision to the Supreme Court on the filing of appellant's reply brief or the expiration of the time prescribed for such filing as provided by § 2-109(A)(3).

   (C) Removal of Case From Court of Appeals. At any time during the pendency of a case, upon recommendation of the Court of Appeals or by the Supreme Court's own motion, the Supreme Court may order removal of a case from the Court of Appeals and its transfer to the Supreme Court docket.

   (D) Briefs. An original and one copy of each brief to be filed in the Court of Appeals, together with proof of service, shall be filed in the office of the Supreme Court Clerk on or before the date the brief is due, and § 2-109 shall apply to the preparation of such briefs.

   (E) Opinions.

   (1) Release of Written Opinions. The Court of Appeals will prepare a written opinion in cases where the court believes explanation of its decision is required or that the case is of value as a precedent. Opinions shall be released as ordered by the court.

   (2) Copies Mailed. A copy of each opinion shall be mailed to all attorneys and pro se parties whose names and addresses appear on briefs submitted in connection with the case.

   (3) Official Version. Official opinions of the Court of Appeals approved for publication in a permanent bound volume shall be the final, edited version which appears in the bound volume of the Nebraska Appellate Reports. Official opinions of the Court of Appeals not designated for permanent publication in the bound volume shall be the version which is filed with the Clerk of the Supreme Court.

   (4) Opinions of the Court of Appeals which the deciding panel has designated as "For Permanent Publication" may be cited in all courts and tribunals in the State of Nebraska. Other opinions and memorandum opinions of the Court of Appeals may be cited only when such case is related, by identity between the parties or the causes of action, to the case then before the court.

   (5) Opinions of the Court of Appeals which the deciding panel has designated as "For Permanent Publication" shall be followed as precedent by the courts and tribunals inferior to the Court of Appeals until such opinion is modified or overruled by the Nebraska Supreme Court.

   (6) The panel of the Court of Appeals deciding a case may designate its opinion as "For Permanent Publication" only when one or more of the criteria set in Neb. Rev. Stat. § 24‑1104(2) is satisfied.

   (F) Petition for Further Review by Supreme Court.

   (1) Time and Filing Fee. An original and one copy of a petition for further review and memorandum brief in support must be filed within 30 days after the release of the opinion of the Court of Appeals or the entry of the order of the Court of Appeals finally disposing of the appeal, whichever occurs later. For purposes of this subsection, an order of the Court of Appeals finally disposing of an appeal includes an order on a motion for rehearing or a motion for attorney fees. As of July 1, 2005, pursuant to Neb. Rev. Stat. § 33-103.01, a docket fee of $50 shall be paid to the Clerk of the Supreme Court at the time of the filing of the petition for further review. Such docket fee shall be required for each appellate case number in which further review is sought, regardless of consolidation of cases for opinion by the Court of Appeals, and by each party filing for further review. This docket fee shall be waived for an indigent person who has been granted leave to proceed in forma pauperis on appeal by the trial court.

   (2) Form. The petition for further review and memorandum brief in support shall be typewritten on 8½‑ by 11‑inch paper, shall be double‑spaced, and shall use 12-point type. The petition and supporting briefs shall not exceed 10 pages.

   (3) Contents. The petition for further review and supporting memorandum brief shall set forth a separate, concise statement of each error alleged to have been made by the Court of Appeals, all of which must be annotated to the record as required by § 2-109. Each assignment of error shall be separately numbered and paragraphed as required by § 2-109(D)(1)(e). The memorandum brief must discuss the errors assigned.

   (4) Response. Parties to the case not filing a petition for further review may respond to the petition within 10 days after the petition for further review and supporting brief are filed. The response and supporting brief shall not exceed 10 pages. If no response will be filed, parties may notify the Clerk of the Supreme Court in writing, and the petition will be submitted immediately.

   (5) Filing and Service. Petitions for further review, accompanying briefs in support, and responses thereto shall be filed and served as provided in § 2-109(B)(6). An original and one copy shall be filed in the office of the Supreme Court Clerk.

   (6) Submission. Oral argument is not permitted on a petition for further review. All petitions for further review will be submitted 14 days after the petition for further review is filed.

   (7) Mandate. No mandate will issue in any case during the time allowed for the filing of a petition for further review or pending the consideration thereof by the Supreme Court. If the petition is sustained, the mandate will not issue during the pendency of the appeal in the Supreme Court as provided for in § 2-114.

   (G) Scope of Review. Further review by the Supreme Court is not a matter of right, but of judicial discretion. If the Supreme Court grants review of a Court of Appeals decision, the Supreme Court will review only the errors assigned in the petition for further review and discussed in the supporting memorandum brief. The Supreme Court may limit the issues to one or more of those raised by the parties and may notice plain error at its discretion.

   (H) Briefs and Oral Argument on Further Review by Supreme Court. The Supreme Court may order that the parties file supplemental briefs, in accordance with § 2-109, and may order that oral argument be heard. Even without an order from the Supreme Court for briefs, each party may file additional briefs in compliance with § 2‑109 when further review by the Supreme Court is ordered. An original and one copy of the petitioning party's brief so prepared, together with proof of service, shall be filed in the Supreme Court Clerk's office within 20 days after the order for further review is entered; all nonpetitioning parties' briefs must be served and filed within 20 days after petitioner has served and filed briefs. For purposes of oral argument on further review, unless otherwise ordered by the Supreme Court on motion or stipulation of the parties or upon the Supreme Court’s own motion, the party filing the initial petition for further review shall be entitled to open and close the argument, regardless of whether cross‑petitions are filed in the case. Where there are cross‑petitions, the petition and cross‑petition shall be argued together as one case.

Rule 2, (A), and (C) – (H) amended May 28, 1992; Rule 2(E)(4) amended June 16, 1993; Rule 2(G)(1) amended June 15, 1994; Rule 2(E)(4) amended April 30, 1997; Rule 2(E)(5) and (6) adopted April 30, 1997; Rule 2(F)(4) amended May 29, 1997; Rule 2(G) adopted and Rule 2(H) amended March 24, 1999; Rule 2(F)(1) amended December 15, 1999; Rule 2(F)(3) amended November 15, 2001; Rule 2(H) amended January 24, 2002; Rule 2(F)(1) amended June 15, 2005; Rule 2(F)(1) amended January 19, 2006; Rule 2(F)(2) amended March 22, 2006. Renumbered and codified as § 2-102, effective July 18, 2008. § 2-102(B)(1) amended August 27, 2008; §§ 2-102(B)(1)-(2), (D), (F)(1) and (5), and (H) amended June 6, 2012.

   (A) Representation on Appeal. Counsel appointed in district court to represent a defendant in a criminal case other than a postconviction action shall, upon request by the defendant after judgment, file a notice of appeal and continue to represent the defendant unless permitted to withdraw by this court.

   (B) Motion to Withdraw. A motion of court‑appointed counsel for permission to withdraw shall state the reason for the request, and shall be served upon opposing counsel by regular mail and on the defendant by certified mail to the defendant’s last‑known address. An original and one copy of the motion and proof of service shall be filed with the Supreme Court Clerk.

Rule 3(B) amended February 22, 2001. Renumbered and codified as § 2-103, effective July 18, 2008.

   (A) How Ordered; Contents.

   (1) Upon filing the notice of appeal, the appellant shall file with the court from which the appeal is taken a praecipe directing the clerk to prepare a transcript, which shall contain:

   (a) The pleadings upon which the case was tried, as designated by the appellant;

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

   (c) A copy of the supersedeas bond, if any, given in the district court, or, if none has been given, a recital of the fact that a bond for costs was given and approved in the district court, or a deposit made as required by Neb. Rev. Stat. § 25‑1914.

   (d) In cases where an application to proceed in forma pauperis has been filed, a copy of the order of the district court granting or denying such.

   (2) If the appellant is of the opinion that other parts of the record are necessary for the proper presentation of the errors assigned in this court, he or she shall further direct the clerk to include in the transcript such additional parts of the record as he or she shall specify in the praecipe, including the instructions given by the trial court, if the appellant intends to assign error in the giving of any instruction, and any tendered instruction refused, if the appellant intends to assign error to such refusal. The appellant shall limit his or her request for such additional material to only those portions of the record which are material to the assignments of error.

   (3) In filing a praecipe for transcript with the clerk of the district court, the party making such praecipe shall identify by name each specific document which the party desires to have included in the transcript pursuant to this rule. The clerk of the district court may not include, without specific written request, a copy of any document not required under this rule. The district court clerk shall, upon request, certify that the record does not contain a described document. The notice of appeal, praecipes for preparation of transcripts and bills of exceptions, and poverty affidavits shall not be included in the transcript, since they are previously certified and sent to this court.

   (B) Form.

   (1) The transcript may be typed or photocopied. The image produced 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. Transcripts shall be submitted on paper measuring 8½ by 11 inches. The paper shall be of approximately 16‑pound substance. 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. Each page shall be consecutively numbered, with the number at the bottom of the page. An index shall be supplied, referring to the initial page of each item contained in the transcript. The index, preceded by a caption of the case and the appellate court docket number, shall constitute the first page or pages of the transcript.

   (2) Journal entries may be typed as a group and included at the end of the transcript. Each entry must show the date it was filed with the clerk of the court and the name of the judge making the entry.

   (C) Supplemental Transcript. After the original transcript is filed in the office of the Supreme Court Clerk, any party may, without leave of court, request a supplemental transcript containing matters omitted from the original transcript and necessary to the proper presentation of the case in this court. The request shall be in writing, and in the same form as required in § 2-104(A). After filing, no change in the original or supplemental transcript shall be made, or papers added to or withdrawn from the transcript, without leave of court. All supplemental transcripts must be filed prior to the day the case is submitted to the court, unless leave of court is obtained in advance to file later. Supplemental transcripts shall be submitted in the same form as transcripts.

(D) Cases Previously Before the Court. If a case has been appealed previously and a transcript filed in the appellate court in the earlier case, the transcript in the new appeal should contain only pleadings filed after the issuance of the mandate of this court in the prior case.

Rule 4(A)(1)(a) – (c) amended May 28, 1992; Rule (A)(1)(d) adopted October 14, 1999. Renumbered and codified as § 2-104, effective July 18, 2008.

   (A) Making and Preserving Record.

   (1) "Court reporting personnel," as defined in Neb. Ct. R. § 1-204(A)(1), shall in all instances make a verbatim record of the evidence offered at trial or other evidentiary proceeding, including but not limited to objections to any evidence and rulings thereon, oral motions, and stipulations by the parties. This record may not be waived.

   (2) Upon the request of the court or of any party, either through counsel or pro se, the court reporting personnel shall make or have made a verbatim record of anything and everything said or done by anyone in the course of trial or any other proceeding, including, but not limited to, any pretrial matters; the voir dire examination; opening statements; arguments, including arguments on objections; any motion, comment, or statement made by the court in the presence and hearing of a panel of potential jurors or the trial jury; and any objection to the court's proposed instructions or to instructions tendered by any party, together with the court's rulings thereon, and any posttrial proceeding.

   (B) Transcribing and Delivery of Record; the Bill of Exceptions.

   (1) How Ordered, Contents, and Per-Page Rate.

   (a) Appellant shall file a request to prepare a bill of exceptions in the office of the clerk of the district court at the same time the notice of appeal is filed. At the same time, appellant shall deliver a copy of the request to the court reporting personnel.

   (b) The request shall specifically identify each portion of the evidence and exhibits offered at any hearing which the party appealing believes material to issues to be presented to the Supreme Court for review. The court reporting personnel shall prepare only those portions specified in the request for preparation of the bill of exceptions. If the appellant intends to urge on appeal that a finding or conclusion is unsupported by the evidence or is contrary to the evidence, the bill of exceptions must include all evidence relevant to the finding or conclusion. The appellant shall serve a copy of the request upon the appellee.

   (c) If the appellee believes additional evidence should be included in the bill of exceptions, the appellee shall, within 10 days after service of the request for bill of exceptions filed by the appellant, file a supplemental request for preparation of bill of exceptions. The request shall be filed with the clerk of the district court, and a copy shall be delivered simultaneously to the court reporting personnel by the appellee.

   (d) The bill of exceptions shall contain only matters of evidence or exhibits which are necessary for a determination of the issues on appeal.

   (e) The per‑page fee to which an official court reporter or privately contracted court transcriber is entitled, as prescribed by the Supreme Court pursuant to Neb. Rev. Stat. § 25‑1140.09 and set forth in Neb. Ct. R. § 1-219, shall be $3.25 per page for an original copy of a bill of exceptions and 50 cents per page for each additional copy, with numbering to begin with the cover page. Except in those cases where payment is to be made by a governmental agency, the State of Nebraska, or any political or governmental subdivision thereof, the court reporting personnel responsible for making the record shall advise appellant of the approximate cost of the bill of exceptions immediately after receipt of the request for preparation of the bill of exceptions. Appellant shall deposit the estimated cost with the court reporting personnel within 14 days after receipt of the estimate. Court reporting personnel shall retain the deposit in a separate trust account until the bill of exceptions is filed with the clerk of the district court. When the bill of exceptions is filed by the court reporting personnel responsible for making the record, he or she shall immediately refund any excess payment to the appellant. If additional compensation is due, appellant shall pay the additional amount within 10 days after receipt of a statement for the additional amount. A similar procedure shall be followed if an appellee requests a supplemental bill of exceptions, with the appellee being responsible for payments. If appellant fails to timely make the required deposit of the estimated cost of preparation, court reporting personnel shall forthwith file a notice of such failure with the clerk of the district court, who shall transmit a file-stamped copy thereof to the Clerk of the Supreme Court. Thereafter, unless leave of the appellate court for an extension of time is granted for good cause shown, the appeal shall proceed as if no bill of exceptions had been requested.

   (f) The party requesting the preparation of the bill of exceptions may, at any time before the bill of exceptions is completed, file with the clerk of the district court and serve upon the court reporting personnel a statement advising the court reporting personnel that settlement has been reached. Upon receipt of such statement, court reporting personnel shall cease any further work upon the bill of exceptions or, if applicable, immediately notify the private transcriber to cease further work upon the bill. Court reporting personnel 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 reporting personnel and rules with regard to payment of the fees to the official court reporter or privately contracted court transcriber for the bill of exceptions, as otherwise provided herein, shall apply.

   (2) Delivery of Copy of Request. The clerk of the district court shall deliver a copy of each request filed, with attachments and endorsements thereon, to the Clerk of the Supreme Court, together with the notice of appeal.

   (3) Preparation and Delivery by Court Reporting Personnel.

   (a) The bill of exceptions shall be filed with the clerk of the district court as soon as possible. The bill of exceptions must be filed within the following time limits unless an extension of time is approved by the Supreme Court in accordance with these rules:

                        Civil cases or criminal trials ............... 7 weeks
                        Guilty or nolo contendere pleas .......... 3 weeks
Preparation of the bill of exceptions shall commence from the date the notice of appeal is filed with the clerk of the district court. The clerk shall serve a copy of the notice of appeal on the court reporting personnel forthwith.

   (b) In each case appealed to the Supreme Court, court reporting personnel shall prepare or have prepared an original of the bill of exceptions; the original, together with all documentary and other evidence, shall be filed with the clerk of the district court. Court reporting personnel may retain the bill of exceptions until the deposit is made in compliance with § 2‑105(B)(1)(e).

   (i) The official court reporter or privately contracted transcriber shall prepare one or more write‑protected 3½‑inch computer disks, DVD’s, or CD’s containing the bill of exceptions, exclusive of exhibits, with line and page numbers corresponding to those of the original bill of exceptions. Such disks, DVD’s, or CD’s shall be formatted in Microsoft Word, or, if such formatting cannot be accomplished, in ASCII text (standard) or (stripped). An adhesive label shall be affixed to each computer disk legibly identifying the case caption, docket and page or case numbers, disk number (1 of 2, etc.), the format utilized, and the name of the reporter or private transcriber. The first line of the label shall be left blank. DVD’s and CD’s shall be marked in an appropriate manner with the same information as that required above for disks. Such disks, DVD’s, or CD’s and a photocopy of the cover page of Volume 1 of the bill of exceptions shall be mailed to the Clerk of the Supreme Court on the date when the bill of exceptions is filed in the district court. The bill of exceptions text may also be transmitted to the Clerk of the Supreme Court via e‑mail attachment sent to NSC.BOE@nebraska.gov and shall meet the formatting guidelines set out above. The subject line of such e‑mail transmission shall include the case name, trial court number, and Supreme Court or Court of Appeals case number, if available. Regardless of the transmission option utilized, each transmission shall be limited to a single bill of exceptions. Such disks, DVD’s, CD’s, or e‑mail attachments shall be for the exclusive use of the Supreme Court and authorized court personnel.

   (ii) Any official court reporter or privately contracted transcriber who lacks the technological capability to comply with § 2-105(B)(3)(b)(i) shall include in the bill of exceptions a separate certificate so stating.

   (c) If the official court reporter or privately contracted transcriber is unable to prepare and certify a bill of exceptions, or if a bill of exceptions cannot be prepared and certified under provisions contained elsewhere in these rules, the bill of exceptions shall be prepared under the direction and supervision of the trial judge and shall be certified by the judge and delivered to the clerk of the district court.

   (d) Upon receipt of the bill of exceptions, the clerk of the district court shall forthwith file it and notify all parties or their attorneys of record and the Clerk of the Supreme Court of the date of such filing. When filed with the clerk of the district court, such bill of exceptions becomes the official bill of exceptions in the case and shall not be altered or marked in any fashion or be disassembled for any purpose. The clerk of the district court shall file the bill of exceptions in the office of the Clerk of the Supreme Court within 5 days after a case has been placed on the Supreme Court's proposed call for argument, or at such earlier time as the Clerk of the Supreme Court may request.

   (4) Extension of Time for Preparation of Bill of Exceptions.

   (a) Where a bill of exceptions has been ordered according to law and these rules by the timely filing of a request, and the court reporting personnel are unable to prepare or have prepared and file the bill of exceptions with the clerk of the district court within the times fixed by § 2-105(B)(3), the Supreme Court may grant additional time for preparation of the bill of exceptions.

   (b) A request for additional time for preparation of the bill of exceptions may be made by any party to the action. The request shall be made either by motion, which must be submitted to the Supreme Court as provided in § 2-106, or by the stipulation of all parties to the action. The motion or stipulation must be accompanied by the original copy of the affidavit of the court reporting personnel setting forth the following information:

   (i) the work performed in court since the receipt of the request on which extension is being requested;

   (ii) the number of requests on hand on the date of receipt of the request on which extension is being requested;

   (iii) the estimated total pages comprising the bill of exceptions, together with the number of pages completed as of the date the extension is requested;

   (iv) the amount of time spent on clerical or stenographic duties for the appointing judge;

   (v) the hours and dates spent in the performance of work for other than the appointing judge;

   (vi) any illnesses or family emergencies contributing to the need for the requested extension;

   (vii) any vacation time used since the receipt of the request on which extension is being requested; and

   (viii) the method of preparing the bill of exceptions; e.g., prepared by the official court reporter, note‑reader used, dictated by the reporter and prepared by a typist, or prepared by a privately contracted court transcriber.

   (c) A request for extension must be made not later than 7 days prior to the expiration of the time originally prescribed, or not later than 7 days prior to the expiration of an extension previously granted. Each such request shall bear the approval of the appointing judge. A first extension will not be routinely granted.

   (d) Except for exceptional cause, no more than one 2‑week extension of the time originally prescribed will be granted.

   (5) Amendments to the Bill of Exceptions. The parties in the case may amend the bill of exceptions by written agreement to be attached to the bill of exceptions at any time prior to the time the case is submitted to the Supreme Court. Proposed amendments not agreed to by all the parties to the case shall be heard and decided by the district court after such notice as the court shall direct. The order of the district court thereon shall be attached to the bill of exceptions prior to the time the case is submitted to the Supreme Court. Hearings with respect to proposed amendments to a bill of exceptions may be held at chambers anywhere in the state. If the judge shall have ceased to hold office, or shall be prevented by disability from holding the hearing, or shall be absent from the state, such proposed amendments shall be heard by the successor judge, or by another district judge in the district, or by a district judge in an adjoining judicial district.

   (6) Form of the Bill of Exceptions.

   (a) The bill of exceptions shall have an index, which shall be the first item in the first volume. The index shall show:

   (i) each witness in the order called, and for whom called, and the initial page of the direct, cross, redirect, and recross examination,

   (ii) motions to dismiss or to instruct a verdict and any other motions of major import, and stipulations, together with the rulings of the court thereon, and the page or pages where made and ruled on, and

   (iii) all exhibits, with a description, and the initial page where marked, offered, ruled on, and found.

   (b) The certificate of the official court reporter or privately contracted court transcriber shall immediately follow the index in the first volume of the bill of exceptions.

   (c) The paper used in the bill of exceptions shall be 8½ by 11 inches and of suitable weight and quality as to make the printing thereon easily legible. If computer-generated, the bill of exceptions shall be in not smaller than 12-point Courier, Arial or Helvetica, or Times or Times New Roman font, double spaced, with not less than 12 points of leading. If typewritten, the bill of exceptions shall be double spaced, using nothing smaller than 12-point type. Each volume shall be bound on the lefthand side with either a wire or a plastic spiral. The pages, no matter how many volumes, shall be numbered consecutively, and no volume shall contain over 250 pages. If the record is of such size that it requires more than one volume, then all volumes shall be as nearly of equal size as possible. Each page of the bill of exceptions shall have line numbers in the left‑hand margin from 1 to 25, inclusive, and the lines of typing shall be placed to correspond therewith. No margin line shall exceed ½ inch from the righthand edge of the page. The full name of each witness and whether the examination is direct, cross, or further examination shall be stated at the top of each page of the witness' testimony. Each volume must be an original copy and must have a cover and back; the cover shall be of flexible and the back of rigid material. Exhibits are to be marked in numerical order, irrespective of the party producing them, and shall show the date on which they were marked. The sequential numbering of exhibits shall begin with the first hearing held in the case and continue until final disposition. The same number shall not be given to more than one exhibit in any case. If the pages of a multipage exhibit are not otherwise numbered, the official court reporter or private transcriber shall number the pages in sequence and shall in all instances mark such an exhibit so as to indicate the number of pages it contains. Ordinarily, exhibits or papers contained in the bill of exceptions should be placed in the record immediately following where they are ruled on by the court. If exhibits are frequently referred to in the testimony, they should be inserted in the record in such a manner as to be easily removed; for instance, by placing them in an attached envelope. If the exhibits are of such character or so numerous that to insert them in any volume containing testimony would make the volume cumbersome and difficult to handle while reading, then such exhibits should be contained in a separate volume. If exhibits are of such character that they cannot be inserted in a bound volume, then they should separately accompany the record. Whether in separate volumes or separately accompanying the record, all exhibits should be properly identified as part of the record in the official court reporter's or private transcriber's certificate. Except for documents, which term includes photographs and taped video and sound recordings, the bill of exceptions shall contain no item of physical evidence. The term "physical evidence" means any nondocumentary items as defined above and includes, but is not limited to, items such as weapons, contraband, wearing apparel, models, money, and body fluids. The party offering any nondocumentary item of physical evidence shall substitute therefor a photograph, not larger than 8½ by 11½ inches, which fairly and accurately depicts the item. If the party offering an item of nondocumentary evidence fails to provide a suitable substitute photograph, the court reporting personnel shall cause one to be made at the offering party's expense. The court reporting personnel shall in all instances preserve the nondocumentary item of physical evidence and shall make it available to the Supreme Court upon request. The bill of exceptions shall be visually neat. No typing errors or corrections shall be unduly noticeable. All corrections and additions shall be on the same line as the rest of the typed line; no insertion is permitted in the space between two lines of type. Corrections shall not be written in.

   (7) Video and Audio Exhibits and Depositions in the Nebraska Supreme Court.

   (a) Video exhibits and video depositions may be submitted to the court on either videotape or DVD. The court shall maintain video equipment capable of playback of VHS videotape and DVD‑Video.

   (i) The standard videotape for the Nebraska Supreme Court shall be VHS. If any other videotape, e.g., Beta, is presented to the court as an exhibit or deposition which is not able to be played back on VHS equipment, the party submitting the videotape shall provide at his or her own expense the appropriate equipment for playback.

   (ii) DVD's shall be created in a manner which will allow playback on standard DVD‑Video players and the format used to create the DVD, e.g., .mpeg, .avi, .mov, etc., must be stated on the DVD. If a DVD is presented to the court as an exhibit or deposition which is not able to be played back on the court's DVD‑Video equipment, the party submitting the DVD shall provide at his or her own expense the appropriate equipment for playback.

   (b) Audio exhibits and depositions may be submitted to the court on a cassette tape or an Audio CD or CD‑R in either .mp3 or .wav format. The court shall maintain equipment capable of audio playback of cassette tapes and Audio CD's and CD‑R's in .mp3 or .wav format. If any other type of audio recording is presented to the court which cannot be played back on the equipment maintained by the court, the party submitting the audio recording shall provide at his or her own expense the appropriate equipment for playback.

   (8) Delivery of the Bill of Exceptions to the Supreme Court; Certain Evidence Excluded. Upon request by counsel or the Clerk of the Supreme Court, the clerk of the district court shall send bound volumes and exhibits of the bill of exceptions to the Clerk of the Supreme Court. The clerk of the district court shall not be required to send any exhibits which may not be sent by United Parcel Service or the U.S. mail. It shall be the duty of the party wishing such exhibit, or an exhibit which is large and cumbersome, to be brought to the Supreme Court to arrange and pay for transporting the exhibit to the Supreme Court Clerk and to arrange and pay for return thereof to the clerk of the district court; provided, however, that if a request for such an exhibit is made by the Supreme Court, the appellant shall arrange and pay for transporting the exhibit to the Supreme Court Clerk and to arrange and pay for return thereof to the clerk of the district court. Under no circumstances shall the clerk of the district court send to the Clerk of the Supreme Court contraband, drugs, firearms, or other weapons, unless specifically requested to do so by the Supreme Court.

   (9) Applicability to Appeals From Tribunals Other Than District Court. These rules shall apply to all appeals and error proceedings where specific provision is not made by law for a bill of exceptions. Any court reporting personnel approved by the court, board, or tribunal from which the appeal or error proceedings is taken may attend and record the trial or proceedings and prepare a bill of exceptions, certified to be true and complete by such court reporting personnel, and file the same with the chief clerical officer of such court, board, or tribunal. Proposed amendments not agreed to shall be heard and determined by such court, board, or tribunal as provided in § 2‑105(B)(5). The completed bill of exceptions shall be filed in the reviewing court within the time provided by law and, if no time be fixed, before the case is submitted to the reviewing court.

   (10) Bills of Exceptions From Other Tribunals Filed in District Court. The clerk of the district court shall promptly forward any bill of exceptions from another tribunal filed in the district court to the court reporting personnel serving the district court judge to whom the case is assigned. Said court reporting personnel shall review the bill of exceptions for the purpose of determining whether it has been prepared in compliance with § 2-105(B)(6). If in the opinion of the court reporting personnel the bill of exceptions has not been so prepared, the court reporting personnel shall advise the judge to whom the case is assigned for such action as the judge deems appropriate.

   (11) Criminal Cases. In all criminal cases where a defendant shall feel himself or herself aggrieved by any decision of the district court, he or she may order a bill of exceptions, and the ordering, preparing, signing, filing, correcting, and amending thereof shall be governed by the rules established in such matters in civil cases. In criminal cases where the sentence is capital punishment, the clerk of the district court in which the conviction was had shall notify the court reporting personnel, who shall prepare the bill of exceptions as expeditiously as possible, but in no event to exceed the time limitations prescribed in § 2-105(B)(3)(a), unless an extension for such later filing is granted by the Supreme Court.

   (12) Statement of Cost. The certificate of the official court reporter or private transcriber shall include a statement of the cost of the bill of exceptions and a showing that such amount is one permitted to be charged by § 2-105(B)(1)(e) and Neb. Ct. R. § 1-219.

   (13) Case Stated. The parties may by agreement state the case to be presented to this court on appeal. The case stated shall briefly recite the facts out of which the questions of law arise, and also any substantial conflict in the evidence as to any fact involved. It shall separately identify and quote the rulings of the court complained of, with so much of the record as will fully show the law question involved in such ruling and the exceptions and contentions of the parties thereon. The case stated shall constitute the bill of exceptions. It must be allowed and certified by the judge who tried the case, filed with the clerk of the district court, made a part of the record of the district court as in other cases, and included therein when the transcript of the record is filed in this court.

Rule 5(C)(1) and (K) amended May 28, 1992; Rule 5(F)(3) amended November 25, 1992; Rule 5(A)(2) amended February 18, 1993; Rule 5(F)(3) amended May 26, 1993; Rule 5(J), (K), (L), and (M) amended September 14, 1994; Rule 5 amended in its entirety February 1, 1995; Rule 5(B)(6)(c) amended September 25, 1996; Rule 5(B)(3)(b) amended September 20, 2000; Rule 5(B)(3)(b)(i) amended June 5, 2002; Rule 5(B)(3)(d) amended Dec. 22, 2004; Rule 5(B)(1)(e) and (B)(12) amended June 22, 2005; Rule 5(B)(3)(b) and (B)(7) amended October 26, 2005; Rule 5(B)(3)b(i) amended January 19, 2006; Rule 5(B)(3)b(i) amended February 23, 2006; Rule 5(B)(6)(c) amended March 22, 2006; Rule 5(B)(1)(e) amended June 4, 2008, effective June 18, 2008. Renumbered and codified as § 2-105, effective July 18, 2008; § 2-105(B)(3)(b)(i) amended December 10, 2008; § 2-105 amended June 9, 2010.

   (A) Motions Not Covered. Motions for summary disposition and motions for rehearing are covered in §§ 2‑107 and 2-113 respectively, and are not covered by this rule.

   (B) Form. All motions shall be typewritten on 8½‑ by 11‑inch paper. Type shall be 12-point and shall be double‑ or 1½‑spaced.

   (C) Content. A motion shall set forth the relief requested and must:

   (1) Be agreed to by opposing counsel in the form of a stipulation; or

   (2) Be submitted to the court for decision 14 days after it is filed with the Supreme Court Clerk or after service upon opposing counsel, whichever is later. Any response to the motion must be in writing and filed prior to the submission date.

   (D) Filing and Service of Motions. An original and one copy of the motion and proof of service shall be filed with the Supreme Court Clerk and a copy shall be served upon the opposing party or the attorney of record. Service and proof of service may be made as provided in Neb. Ct. R. Pldg. §§ 6‑1105(b) and 6-1106(e).

   (E) Oral Argument. No oral argument is permitted on any motion except as may be ordered by the Supreme Court; in such event, oral argument shall be limited to 5 minutes per side.

   (F) Motions for Extension of Brief Date.

   (1) No extension of brief date will be allowed in any advanced case (see § 2-111(B)(2)) except upon a showing of exceptional cause.

   (2) For cases which are not advanced, the procedures contained in § 2-106(C) and (D) shall be followed. Any request for extension of brief date beyond the first 30‑day extension must be supported by a showing of good cause. Neither the stipulation of the parties nor the press of other business constitutes good cause.

See appendices 1 and 2 for form.

   (G) Waiver Acceptable. Opposing counsel may waive notice, hearing, and objections to a motion.

   (H) Briefs. Complex motions may be accompanied by a typewritten brief. The brief may be in memorandum form. If a brief is filed in support of a motion, an original and one copy of the motions and the brief shall be filed together.

Rule 6(D) amended May 28, 1992; Rule 6(D) amended May 29, 1997; Rule 6(B) amended March 22, 2006. Renumbered and codified as § 2-106, effective July 18, 2008. § 2-106(D) amended August 27, 2008; § 2-106(H) amended June 6, 2012.

   (A) Summary Disposition on the Supreme Court's Own Motion.

   (1) When the court determines that any one or more of the following circumstances exist and are dispositive of the case submitted to the court for decision:

   (a) the judgment is based on findings of fact which are not clearly erroneous;

   (b) the evidence in support of a jury verdict is not insufficient;

   (c) the judgment or order is supported by substantial evidence in the record as a whole; or

   (d) no error of law appears;

and the court also determines that a detailed opinion would have no precedential value, the judgment or order will be affirmed in the following manner: "AFFIRMED. See Neb. Ct. R. App. P. § 2-107(A)(1)."

   (2) When the court determines it lacks jurisdiction the appeal will be dismissed in the following manner: "APPEAL DISMISSED. See Neb. Ct. R. App. P. § 2-107(A)(2)."

   (3) When the court determines that grounds may exist for summary reversal of the order or judgment appealed from, such as a prior controlling appellate decision which is dispositive of the appeal or a clear error of law exists, the court may summarily reverse or reverse and remand. Such disposition may occur only after an order to show cause has issued, citing the appellate decision or law deemed controlling, and the parties have been provided an adequate opportunity to respond.

   (B) Motions for Summary Dismissal or Affirmance.

   (1) A motion to dismiss for lack of jurisdiction may be filed at any time after an appeal has been docketed. Such a motion shall document the claimed lack of jurisdiction by citations to the dispositive portions of the record and to the controlling statutory and case law.

   (2) A motion to affirm on the ground that the questions presented for review are so unsubstantial as not to require argument may be filed after the appellant's brief has been filed or the time for filing has expired. Such a motion shall document the claimed lack of substance of the questions presented by citations to the dispositive portions of the record and to the controlling statutory and case law.

   (3) Where appropriate, a motion to affirm may be joined, in the alternative, with a motion to dismiss.

   (4) The appellant may file written objections opposing the motion within 10 days from the date of service of the motion.

   (5) Upon the filing of objections or the expiration of time allowed therefor, or express waiver of the right to file, a motion for summary disposition shall be considered submitted.

   (6) Motions for summary dismissal or affirmance must be typewritten on 8½‑ by 11‑inch paper.

   (7) The motion and proof of service shall be filed with the Supreme Court Clerk and a copy shall be served upon all other parties or the attorneys of record. Service and proof of service may be made as provided in Neb. Ct. R. Pldg. §§ 6‑1105(b) and 6-1106(e). An original and one copy of any motion, objections, or supporting briefs shall be filed.

   (8) The time for filing briefs under § 2-109 is not extended by the filing of a motion for summary dismissal or affirmance.

See appendix 3 for form.

   (C) Stipulation of Parties for Summary Reversal.

   (1) At any time after an appeal has been docketed the parties may file a stipulation that grounds exist for summary reversal of the order or judgment appealed from, such as a prior controlling appellate decision which is dispositive of the appeal or the existence of a clear error of law. The stipulation must cite the appellate decision or law deemed to be controlling and must be executed by all the parties to the appeal.

   (2) Stipulations for summary reversal must be submitted on 8½‑ by 11‑inch paper and otherwise conform to the requirements set forth in § 2-107(B)(6), (7), and (8) above.

   (D) Suggestion of Mootness in Prison Disciplinary and Postconviction Relief Appeals.

   (1) It is the duty of all parties to an appeal of a prison disciplinary procedure governed by Neb. Rev. Stat. § 83‑4,109 et seq., at all times during the course of an appeal, to inform the appellate court that the defendant is no longer in custody under sentence and that, therefore, the issue of the prison disciplinary procedure is moot.

   It is the duty of all parties to an appeal of a postconviction relief action governed by Neb. Rev. Stat. § 29‑3001 et seq., at all times during the course of an appeal, to inform the appellate court that the defendant is no longer in custody under sentence, which could render the issue of the postconviction relief action moot.

   (2) Form.

   (a) If any party determines that the issue of the prison disciplinary procedure or postconviction relief action has been rendered moot, the party shall so advise the court by filing a "suggestion of mootness" in the form of a motion to dismiss on the ground that the question presented is moot.

   (b) The opposing party or parties may file written objections opposing the motion within 10 days from the date of service of the motion.

   (c) Upon the filing of objections or the expiration of time allowed therefor, or express waiver of the right to file, a motion for summary disposition on the grounds of mootness shall be considered submitted.

   (d) Motions for summary disposition on the grounds of mootness must be submitted on 8½‑ by 11‑inch paper and otherwise conform to filing requirements.

   (e) The motion and proof of service shall be filed with the Supreme Court Clerk and a copy shall be served upon all other parties or the attorneys of record. Service and proof of service may be made as provided in Neb. Ct. R. Pldg. §§ 6‑1105(b) and 6-1106(e). An original and one copy of any motion, objections, or supporting briefs shall be filed.

   (f) The time for filing briefs under § 2-109 is not extended by the filing of a motion for summary disposition on the grounds of mootness.

Rule 7(B)(1) amended August 25, 1993; Rule 7(C) adopted January 23, 1997; Rule 7(B)(7) amended May 29, 1997; Rule 7(A)(3) adopted September 19, 2001; Rule 7(C) amended to (7)(D) September 19, 2001; Rule 7(C) adopted September 19, 2001. Renumbered and codified as § 2-107, effective July 18, 2008. §§ 2-107(B)(7) and (D)(2)(e) amended August 27, 2008; § 2-107(B)(7) and (D)(2)(e) amended June 6, 2012.

   (A) Parties. An appeal may be dismissed by the appellant or appellants.

   (B) Form. The motion to dismiss must be in such typewritten form as provided in § 2-106(B).

   (C) Service. A motion to dismiss must be served upon the attorney or attorneys of record for all other parties, and must contain proof of such service.

See appendix 3 for form.

   (D) Time for Response of Appellees. A motion to dismiss filed by appellant will be submitted to the court 14 days after it is filed with the Supreme Court Clerk or after service upon opposing counsel, whichever is later. Appellee's response to the motion must be made within 14 days. Any party having a right of cross‑appeal at the time the motion to dismiss is filed may, within the 14‑day period provided in this rule, file a notice of intention to cross‑appeal. Upon the filing of such notice, the court shall deny the motion to dismiss and shall fix a brief day for the cross‑appellant. The cause shall then proceed as if the appeal had originally been perfected by the appellee who has cross‑appealed.

   (E) Dismissal by Agreement. All parties may agree to the dismissal of the appeal. In that event, appellees may waive objection to the motion to dismiss, or a stipulation may be filed instead of a motion.

   (A) Time for Filing. The briefs listed below must be filed within the times stated in these rules. Briefs in support of motions are described in §§ 2-106, 2-107, and 2-113. Requests for additional time to file briefs must be made in accordance with the provisions of § 2-106. NO EXTENSIONS OF TIME WILL BE ALLOWED IN ADVANCED CASES EXCEPT UPON A SHOWING OF EXCEPTIONAL CAUSE.

   (1) Appellant's briefs must be served and filed as follows:

   (a) No request for preparation of bill of exceptions filed: 2 months from the date the appeal is filed in the Supreme Court.

   (b) Request for preparation of bill of exceptions filed: 1 month after the date the bill of exceptions is due to be filed.

   (2) Appellee's brief must be served and filed within 1 month after appellant has served and filed briefs. If service of appellant's brief is by mail, 3 days are added to allow for delivery time. (See Neb. Ct. R. Pldg. § 6-1106(e).)

   (3) Appellant's reply brief must be served and filed within 14 days after appellee has served and filed briefs; 3 days are added if service of appellee's brief is by mail.

   (4) Briefs of amicus curiae may not be filed without leave of court. (See § 2-106.) Leave to file amicus briefs shall not be considered within 20 days of oral argument.

   (5) A motion for rehearing and brief in support must be filed in the office of the Supreme Court Clerk within 10 days after the release of the opinion of the court or the entry of the order of the court disposing of the appeal. Any response to the motion for rehearing must be filed in the office of the Supreme Court Clerk within 10 days after the motion for rehearing and brief in support is filed. An original and one copy of said motion for rehearing and brief in support or response to the motion for rehearing are required to be filed in Supreme Court and Court of Appeals cases. See § 2-113 for the form and content of a motion for rehearing.

   (6) If rehearing is granted in a case, the parties may file additional briefs at least 1 week prior to reargument or other submission to the court. See § 2-111.

   (7) Briefs in advanced cases are due as provided by these rules or as ordered by the court.

   (B) Form.

   (1) Printed briefs shall be produced on unglazed white book paper on pages 6½ inches wide and 9½ inches long, trimmed size. The printed matter shall be black in color, 4 inches wide and 7 inches long. The type used may be 11 or 12 point with lines leaded 2 points, except in quotations which may be leaded 1 point. Type may be underscored, italicized, or boldfaced for emphasis. The use of footnotes is not permitted. The brief shall have a cover, which may be of heavier stock than the rest of the brief.

   (2) Computer-generated or typewritten briefs may be filed in any case on unglazed, white, 8½- by 11-inch paper of at least 16 pound weight and shall be bound by a single paper clip or binder clip in the upper left-hand corner only. The print on such briefs shall be black in color, shall be on only one side of each sheet, and may be mechanically reproduced on uncoated white paper by any method which provides a clear and distinct image of the type. Type may be underscored, italicized, or boldfaced for emphasis. Quoted material of 50 words or more shall be indented five spaces from the left margin. A page shall contain not more than 25 lines, and margins shall be at least 1 inch at the sides, top, and bottom. The use of programs which condense the space between letters or words is not permitted. The use of footnotes is not permitted. Brief covers shall not be of greater weight than the paper within the brief and shall have a dull finish, allowing the ink to penetrate.

   (a) Computer-generated briefs shall be in not less than 12-point Courier, Arial or Helvetica, or Times or Times New Roman font, double spaced, with not less than 12 points of leading.

   (b) Typewritten briefs shall be in nothing smaller than 12-point type and double spaced.

   (3) The cover shall show the Supreme Court number, the case caption listing the plaintiff first (regardless of who is appellant), the county from which the case was brought, the name of the trial judge, the name, address, city, state, zip code, telephone number, e-mail address, and Nebraska attorney identification number of the attorney filing the brief (the name of the law firm, if any, may also appear), and the name of the party for whom the brief is filed. If a party or parties represent themselves, it shall contain the above information except for the identification number. The cover of the brief shall serve as the title page, and no additional title page may be contained within the brief.

   (4) The color of the brief covers shall be:

   (a) Appellant, or plaintiff in an original action,‑‑gray (same for reply brief);

   (b) Appellee, or defendant in an original action,‑‑tan; and

   (c) Amicus‑‑white.

   (5) Briefs may not exceed the following page lengths: original submission (combined total of appellant's brief, reply brief, and answer brief to cross‑appeal, or combined total of appellee's brief, brief on cross‑appeal, and reply brief to answer brief on cross‑appeal), 50 pages; motions for rehearing and amicus curiae, 15 pages. These page limitations are exclusive of the cover; the table of contents, the table of cases, statutes, and authorities; and the certificate of mailing, but inclusive of all other pages and materials, including appendixes, indices, exhibits, and other documents of any nature, character, kind, or description whatsoever.

   (6) Service of a copy of the brief shall be made either on the opposing party or the attorney of record for the party and upon all other parties participating in the appeal. Service may be made either by personal service or by regular, certified, or registered mail. Proof of service may be shown by the affidavit of the person making service or by the receipt of the party or attorney served.

   (7) An original and one copy of all Supreme Court and Court of Appeals briefs, together with proof of service, shall be filed in the office of the Supreme Court Clerk on or before the date the brief is due.

   (C) General Rules for Preparation of Briefs. In the preparation of the brief, the following general rules shall be observed:

   (1) References to the transcript shall be made by setting forth in parentheses the capital letter "T" followed by the page of the transcript, as, for example, (T26). In original actions, references shall be made to the pleading and page thereof.

   (2) References to questions, answers, objections, motions, rulings, or any other matters found in the bill of exceptions shall be made by setting forth in parentheses the numbered page and line in the bill of exceptions where found, as, for example, (156:12). The number preceding the colon should represent the page of the bill of exceptions where found, and the number following the colon, the line.

   (3) References to exhibits in the bill of exceptions shall be made by setting forth in parentheses the capital letter E, followed by the number of the exhibit, followed by a comma and the page of the exhibit on which the material to which reference is made appears, followed by a colon and the page of the bill of exceptions where the exhibit was offered and received or refused, followed by a comma and the page where the exhibit is found, as, for example, (E5,3:92, 95). References to documents not in the bill of exceptions but nonetheless subject to review by the Supreme Court, such as a presentence investigation report, shall identify the document, followed by a comma and the page on which the material to which reference is made appears, as, for example, (Presentence Investigation Report, p. 75).

   (4) Every reference to a reported case shall set forth the title thereof, the volume and page where found, the tribunal deciding the case, and the year decided. If the cited opinion is long, it shall also refer to the page where the pertinent portion of the opinion is found. Nebraska cases shall be cited by the Nebraska Reports and/or Nebraska Appellate Reports, but may include citation to such other reports as may contain such cases.

   (5) If a current statute is relied upon, it must be cited from the last published revision or compilation of the statutes, or supplement thereto, if contained therein; if not contained therein, to the session laws wherein contained, or the legislative bill as enacted.

   (6) Citations to textbooks, encyclopedias, and other works shall give the title, edition, year of publication, volume number, section, and page where found.

   (D) Content of Briefs. BRIEFS FILED WITH THE CLERK OF THE SUPREME COURT AND COURT OF APPEALS SHALL NOT BE CONFIDENTIAL. A brief shall not contain a reproduction, quotation, or extensive paraphrase of material which is declared by any statute or other rule of the Supreme Court to be confidential. Instead, parties or counsel may include a citation in the brief, as set forth in § 2-109(C)(1) to (3), to the portion of the record which is confidential.

   (1) The brief of appellant, or plaintiff in an original action, shall contain the following sections, under appropriate headings, and in the order indicated:

   (a) The title page, which is the cover;

   (b) A table of contents with page references, and an alphabetically arranged table of cases, statutes, and other authorities cited, with references to the pages of the brief where cited;

   (c) A statement of the basis of jurisdiction of the appellate court. The jurisdictional statement must identify the statute, court rule, or case law believed to confer jurisdiction on the Supreme Court or Court of Appeals, state relevant facts establishing why the judgment or order sought to be reviewed is an appealable order, and further must include the following information:

   (i) the date of entry of the judgment or order sought to be reviewed;

   (ii) the date of filing of any motion claimed to toll the time within which to appeal, the disposition of such motion, and the date of entry of the order disposing of it;

   (iii) the date of filing of the notice of appeal, and the date of depositing of the docket fee or date of the granting of the order to proceed in forma pauperis, and;

   (iv) if the order sought to be reviewed adjudicates fewer than all the claims, or the rights and liabilities of fewer than all the parties, the jurisdictional statement must recite the language of the lower court's order providing the basis for such interlocutory appeal or otherwise identify the statute, court rule, or case law authorizing such interlocutory appeal.

   (d) A statement of the case, which, in original actions, shall state the issues before the court. Except in original actions, the statement of the case shall contain the following, in the order indicated: (1) The kind of action or nature of the case; (2) the issues actually tried in the court below; (3) how the issues were decided and what judgment or decree was entered by the trial court; and (4) the scope of the Supreme Court's review;

   (e) A separate, concise statement of each error a party contends was made by the trial court, together with the issues pertaining to the assignments of error. Each assignment of error shall be separately numbered and paragraphed, bearing in mind that consideration of the case will be limited to errors assigned and discussed. The court may, at its option, notice a plain error not assigned;

   (f) Propositions of law shall be contained in separate, numbered paragraphs, and shall state concisely and without argument or elaboration the legal propositions urged as controlling. Only propositions discussed in the argument shall be stated. Each proposition of law shall be followed by a list of supporting authorities. Preference in citation shall be given to those authorities deemed most important. Authorities cited under any proposition must be quoted or otherwise discussed in the argument;

   (g) The statement of facts shall be made in narrative form, and shall consist of so much of the substance of the record as is necessary to present the case. Each and every recitation of fact, whether in the statement of facts or elsewhere in the brief, shall be annotated to the record in the manner set forth in § 2-109(C);

   (h)The appellant's brief must contain, under appropriate headings, a summary of the argument, which must contain a succinct, clear, and accurate statement of the arguments made in the body of the brief and which must not merely repeat the argument headings. The appellee's brief may contain such summary; and

   (i) The argument shall present each question separately, and shall present each proposition of law as best sets forth the contentions of the party. Authorities relied upon shall be quoted or otherwise discussed. A party may make such further statements of fact or quotations from the record as deemed necessary to properly present the question, supporting such facts by appropriate references to the record.

   (2) The brief of appellee, or defendant in an original action, shall contain the following matters, in the order indicated:

   (a) Table of contents and table of cases cited;

   (b) A statement of the basis of jurisdiction of the appellate court, if appellant's statement is not accepted as correct;

   (c) Statement of the case, if appellant's statement thereof is not accepted as correct;

   (d) Propositions of law;

   (e) Statement of facts, if appellant's statement is not accepted as correct or is amplified. Each and every recitation of fact shall be annotated to the record in the manner set forth in § 2-109(C), no matter where in appellee's brief such recitation is made; and

   (f) Argument.

   (3) If a party wishes to avail himself or herself of the provisions of the statute with reference to remittitur, a special assignment of error may be made in the brief of appellee, or a cross‑appeal may be taken.

   (4) Where the brief of appellee presents a cross‑appeal, it shall be noted on the cover of the brief and it shall be set forth in a separate division of the brief. This division shall be headed "Brief on Cross‑Appeal" and shall be prepared in the same manner and under the same rules as the brief of appellant.

   (5) The reply brief shall be prepared in the same manner as the brief of appellee. The answer of appellant to any cross‑appeal shall be set forth in a separate division of the reply brief and shall be headed "Answer to Brief on Cross‑Appeal," and shall be noted on the cover of the brief.

   (6) All rules for motions for rehearing may be found in § 2-113.

   (E) Cases Involving Constitutional Questions. A party presenting a case involving the federal or state constitutionality of a statute must file and serve notice thereof with the Supreme Court Clerk by a separate written notice or by notice in a Petition to Bypass at the time of filing such party's brief. If the Attorney General is not already a party to an action where the constitutionality of the statute is in issue, a copy of the brief assigning unconstitutionality must be served on the Attorney General within 5 days of the filing of the brief with the Supreme Court Clerk; proof of such service shall be filed with the Supreme Court Clerk.

   (F) Any person who claims the right under the law or a uniform course of practice to an attorney fee in a civil case appealed to the Supreme Court or the Court of Appeals must file a motion for the allowance of such a fee supported by an affidavit which justifies the amount of the fee sought for services in the appellate court. Such a motion must be filed no later than 10 days after the release of the opinion of the court or the entry of the order of the court disposing of the appeal, unless otherwise provided by statute. Any person filing a motion for attorney fees beyond the 10-day time limit must include within the motion a citation to the statutory authority permitting a filing beyond the time limit prescribed by this rule. For purposes of this subsection an order of the court disposing of the appeal shall include an order disposing of a motion for rehearing. A motion for attorney fees which is timely filed in the Court of Appeals shall toll the time for filing a petition for further review. See § 2-102(F). An original and one copy of such motion and proof of service shall be filed with the Supreme Court Clerk, and a copy shall be served upon the opposing party or the attorney of record. A court-appointed attorney in a criminal case, appealed to the Supreme Court or the Court of Appeals, may, after issuance of a mandate by the appellate court, apply to the appointing court for an attorney fee regarding services in the appeal.

Rule 9(B)(1), (B)(2)(e), and (B)(5) amended March 25, 1992; Rule 9(B)(2)e amended April 22, 1992; Rule 9(A)(5) amended April 29, 1992; Rule 9(A)(2) amended May 28, 1992; Rule 9(F) amended July 1, 1992; Rule 9(F) amended November 25, 1992; Rule 9(B)(7) amended June 15, 1994; Rule 9(A)(5) and (B)(7) amended October 17, 1995; Rule 9(B) amended September 25, 1996; Rule 9(B)(1) amended November 20, 1996;  Rule 9(A) and (B)(6) amended May 29, 1997; Rule 9(A)(4) amended March 17, 1999; Rule 9(D)(1) and (2) amended October 27, 1999, effective December 6, 1999;  Rule 9(F) amended December 15, 1999; Rule 9(B)(3) amended June 6, 2001; Rule 9(F) amended November 15, 2001; Rule 9(B)(2)(b) amended March 22, 2006; Rule 9(E) amended June 4, 2008, effective June 18, 2008. Renumbered and codified as § 2-109, effective July 18, 2008. § 2-109(A)(2) amended August 27, 2008; § 2-109(D)(h)-(i) amended September 10, 2008, effective January 1, 2009; § 2-109(D) amended November 19, 2008; §§ 2-109(A)(5), (B)(2) and (6)-(7) amended June 6, 2012.

   (A) Appellant in Default - Failure to File a Brief. If appellant fails to file its brief within the time allowed by these rules, the Supreme Court Clerk shall mail notice to all pro se parties and all attorneys of record that appellant is in default for failure to file a brief and is required to file a brief within 10 days after receipt of such notice. Appellant's failure to file a brief in response to the notice of default subjects the appeal to dismissal.

   (B) Appellee in Default. Where the appellant's brief has been properly served and filed, even if not within time, and an appellee's brief has not been filed, appellee will be considered in default and appellant may proceed ex parte. If the appellee is in default, and after notice to the appellee, the case will be placed on the proposed call according to the original brief date of the appellee.

   (C) Hearing Not Delayed. The hearing of a case will not be delayed by default of either party in serving or filing briefs, unless, for good cause shown, it is otherwise ordered.

Rule 10(A) amended May 28, 1992. Renumbered and codified as § 2-110, effective July 18, 2008.

   (A) General. Cases are eligible for submission at any time after the appellee's brief has been filed. This rule sets out the methods of scheduling cases for submission, the various submission methods, and rules relating to oral argument.

   (B) Methods of Submission on the Merits.

   (1) The court may order the submission of any case without oral argument. Cases to be submitted without argument may be submitted at any time after the time for filing the appellant's reply brief has expired. The Supreme Court Clerk will notify counsel both when the order that the case be submitted without argument is entered and at the time the case is actually submitted.

   (2) Cases which are advanced are scheduled for oral argument as soon as the appellee's brief is due to be filed, except that appeals in juvenile cases not involving Neb. Rev. Stat. § 43-247(1), (2), or (4) are scheduled for oral argument as soon as the appellant’s brief is scheduled to be filed. The following categories of cases will be advanced without motion:

   (a) Criminal cases;

   (b) Workers' compensation cases;

   (c) Unemployment compensation cases;

   (d) Questions certified by other courts;

   (e) Original actions;

   (f) Appeals involving custody of minor children;

   (g) Appeals within original concurrent jurisdiction of the court;

   (h) Cases where a "case stated" has been prepared and filed by the parties;

   (i) Appeals from the Tax Equalization and Review Commission; and

   (j) Appeals from the Department of Natural Resources.

   (3) In all other cases, either party may file a motion with the court requesting that the case be advanced for argument. A party seeking an advancement of oral argument shall file a showing in support of said motion setting out the reasons said case should be advanced for oral argument. To ensure proper scheduling, attorneys are requested to notify the Supreme Court Clerk by letter if the case should be advanced and advancement is not obvious.

   (4) Cases which are not advanced are scheduled in the order in which the briefs of the appellee are filed, not in the order in which the cases were docketed. Nonadvanced cases are scheduled in the argument slots remaining after scheduling advanced cases.

   (C) Proposed Call. The proposed call is a list of cases ready for argument and likely to be scheduled for argument during the argument session shown. All advanced cases will be scheduled unless continued, and most nonadvanced cases are scheduled. The proposed call is prepared to allow attorneys to set aside time on their schedules for argument. Cases on the proposed call may not be continued unless leave is granted by the court. A party may file an application for continuance, which must be accompanied by a showing of exceptional cause. See § 2-106 for the form of the application.

   (D) Call. The call is the final schedule of oral arguments for a specified session of the court. Cases are heard in the order listed. Cases will not be continued to another session of the court after scheduling on the call unless leave is granted by the court. A party may file an application for continuance, which must be accompanied by a showing of exceptional cause. See § 2-106 for the form of the application.

   (E) Oral Argument. The Supreme Court will hear oral argument as scheduled.

   (1) Unless otherwise ordered by the court, oral argument shall not exceed 10 minutes per side in any civil or criminal case; provided, however, that where a criminal defendant has been convicted of first or second degree murder and the case at issue is a direct appeal from such conviction, oral argument shall not exceed 20 minutes per side.

   (2) On the court's own motion or on application, additional time may be granted. An application, in the form prescribed by § 2-106, must be filed within 10 days after the proposed call is mailed. Such application must be accompanied by a showing of good cause.

   (3) The court may further limit oral argument in any case. In such event, the Clerk of the Supreme Court shall notify the parties of the time limit at the time the order is entered.

   (4) No party will be permitted oral argument unless he or she has a brief on file. An amicus curiae may, with the consent of a party, request leave to present oral argument on the side of that party within the time allowed to that party for argument.

   (5) Except where the penalty prescribed by law is life imprisonment or death, no oral argument is allowed in any criminal case:

   (a) Where the accused entered a plea of guilty or no contest; or

   (b) Where the sole allegation of error is that the sentence imposed was excessive or excessively lenient or the trial court refused to reduce the sentence upon application of the defendant.

   (c) Where the penalty prescribed by law is life imprisonment or death, and § 2‑111(E)(5)(a) and/or (b) applies, oral argument shall not exceed 10 minutes per side unless otherwise ordered by the court.

   (6) Unless otherwise directed by the court, the parties may elect to waive oral argument and submit a case solely on the briefs.

   (F) Court of Appeals Oral Argument. Except in exigent circumstances, the Court of Appeals will hear oral arguments in panels of three judges, as scheduled, in the Court of Appeals courtroom located in the State Capitol Building, or at other locations throughout the state as designated by the Chief Judge. Whenever any member of a panel is not able to be present at the scheduled oral argument of a case, the case shall be deemed submitted to that member on the record and briefs. If a member of a panel is unable for any reason to participate after the case is submitted for decision, the Chief Judge shall appoint a substitute judge from the Court of Appeals or, at the request of the Chief Judge, the Chief Justice may call an active or retired district court judge to serve as a substitute judge, and the case shall be deemed submitted to the new member on the record and briefs. The rules relating to oral argument shall be the same as provided in § 2-111(E), except as may be modified by the Court of Appeals.

   (G) Bankruptcy. In a pending civil action before the Supreme Court, involving a party named as a debtor in a bankruptcy petition:

   (1) The party named as such debtor in bankruptcy, or any other party to the pending civil action having knowledge of bankruptcy proceedings involving another party to the action pending before the Supreme Court, shall, as soon as reasonably possible, notify the Supreme Court Clerk concerning the proceedings in bankruptcy. The Supreme Court Clerk will attempt to confirm the existence of such bankruptcy proceedings. On confirmed existence of such bankruptcy proceedings, the proceedings in the Supreme Court involving such named debtor in bankruptcy shall be suspended immediately. The Supreme Court Clerk shall notify the parties that the action has been suspended. An action so suspended shall be removed from the active docket of the Supreme Court and shall remain suspended until order of the Supreme Court restoring the action to the active docket of the court. If the Supreme Court Clerk is unable to confirm existence of the alleged proceeding in bankruptcy, the parties shall be so informed, and compliance with § 2-111(G)(2) is then required.
   (2) If the Supreme Court Clerk is unable to confirm the existence of a bankruptcy proceeding, as provided in § 2-111(G)(1), the party named as a debtor in a bankruptcy petition, or any party to the action having knowledge of the bankruptcy proceedings involving another party to an action pending before the Supreme Court, shall file with the Supreme Court Clerk a suggestion of bankruptcy and either a certified copy of the bankruptcy petition or a copy of the caption sheet of the bankruptcy petition showing the case number, the names of the parties, and the filing stamp affixed by the clerk of the bankruptcy court.

   (3) An action before the Supreme Court which involves a party as a named debtor in a bankruptcy petition shall remain suspended as the result of the automatic stay imposed by 11 U.S.C. § 362 (1982) until some party shows that relief from the automatic stay has been granted. A showing regarding relief from the automatic stay shall include a detailed order, signed by the bankruptcy judge, which shall outline the relief granted by the bankruptcy court and shall state that the action, involving a subject matter otherwise within the jurisdiction of the bankruptcy court, may be prosecuted in the courts of the State of Nebraska. Such showing in the Supreme Court shall be made by motion under § 2-106.

   (4) If a debtor in bankruptcy is a party to a proposed compromise involving an appeal in the Supreme Court, any party to such compromise shall provide the Supreme Court with a certified copy of the bankruptcy judge's approval of the compromise, which order of approval shall state that the procedures of Fed. Bankr. R. 2002(a)(3) have been satisfied. After proof of such approval by the bankruptcy court, the Supreme Court may take appropriate action regarding the matter which is the subject of the compromise involving the debtor in bankruptcy as a party to an action pending in the Supreme Court.

Rule 11(E) and (F) amended May 28, 1992; Rule 11(F) amended March 31, 1999; Rule 11(B)(2)(i) amended May 17, 2000; Rule 11(B)(2) and (3), (E)(1), (5), and (5)(a) amended March 16, 2005; Rule 11(E)(5)(c) adopted March 16, 2005; Rule 11(B)(2)(j) amended November 22, 2006. Renumbered and codified as § 2-111, effective July 18, 2008; § 2-111(B)(1) amended November 19, 2008.

   (A) Release of Written Opinions. The court will prepare a written opinion in cases where the court believes explanation of its decision is required or that the case is of value as a precedent. Opinions are released as ordered by the court.

   (B) Copies Mailed. A copy of each opinion will be mailed to all attorneys and pro se parties whose names and addresses appear on briefs submitted in connection with a case.

   (C) Official Version. The official opinion of the court shall be the final, edited version which appears in the bound volume of the Nebraska Reports.

   (A) Time. A motion for rehearing and brief in support must be filed within 10 days after the release of the opinion of the court or the entry of the order of the court disposing of the appeal. A motion for rehearing is not permitted following an order of the Supreme Court denying a petition for further review. A motion for rehearing which is timely filed in the Court of Appeals shall toll the time for filing a petition for further review. See § 2-102(F). An original and one copy of said motion for rehearing and brief in support are required to be filed in Supreme Court and Court of Appeals cases. An extension of time to file the brief in support of the motion for rehearing may be requested by following the procedure set out in § 2-106, except that every request must be accompanied by a showing of good cause.

   (B) Form of Motion. The motion for rehearing shall be typewritten on 8½‑ by 11‑inch paper, shall be double‑ or 1½‑spaced, and shall use 12-point type.

   (C) Contents of Motion. The motion for rehearing need only notify the court that the party filing the motion asks for a rehearing.

   (D) Contents of Brief. The brief in support of the motion for rehearing shall contain the following divisions, in the order indicated:

   (1) tables;

   (2) assignments of error;

   (3) propositions of law; and

   (4) argument.

The assignments of error shall be set out in separate, numbered paragraphs, pointing out specifically any claimed mistakes or inaccuracies in statements of fact or law in the opinion, and any questions involved which the court is claimed to have failed to consider on the appeal.

   (E) Form of Brief. The brief in support of the motion for rehearing shall be in the same form as provided for all briefs in § 2-109(B). Briefs in response to the motion for rehearing shall generally follow the form of the brief in support of the motion for rehearing.

   (F) Response. Parties to the case not filing a motion for rehearing may respond to the motion for rehearing and brief in support of the motion within 10 days after the motion for rehearing is filed. If no response will be filed, parties may notify the Clerk of the Supreme Court in writing, and the motion will be submitted immediately.

   (G) Filing and Service. Motions for rehearing shall be filed and served as provided in § 2‑109(B)(6) and (7).

   (H) Submission. Oral argument is not permitted on a motion for rehearing. All motions for rehearing will be submitted 11 days after the motion for rehearing is filed or the due date of the response has expired, whichever occurs first, except as provided in § 2-113(F).

   (I) Mandate. The mandate will not issue until the motion for rehearing has been acted upon, if briefs have been filed, or until the date for filing briefs in support of the motion for rehearing has passed.

   (J) Penalty for Delay. Any party filing a motion for rehearing who does not file the briefs in support of the motion for rehearing by the due date may be assessed all costs of the action.

   (K) Original Actions. This rule shall apply to original actions.

   (L) Briefs on Reargument. Either party may file additional briefs when reargument is ordered by the court. An original and one copy of each brief so prepared and served, together with proof of service, shall be filed in the Supreme Court Clerk's office not less than 1 week before the case is submitted. These briefs will be taxed as costs only if the court ordered the filing of the briefs.

Rule 13 amended May 28, 1992; Rule 13(G) amended October 17, 1995; Rule 13(A) amended May 29, 1997; Rule 13(A) amended September 23, 1998; Rule 13(A) amended December 15, 1999; Rule 13(B) amended March 22, 2006. Renumbered and codified as § 2-113, effective July 18, 2008; § 2-113(K) amended November 10, 2010;  §§ 2-113(A), (G), and (L) amended June 6, 2012.

   (A) Mandates.

   (1) Unless agreed by the parties and ordered by the court, no mandate will issue in any case during the time allowed for the filing of a motion for rehearing or petition for further review, or pending the consideration thereof.

   (2) Parties desiring to prosecute proceedings to the United States Supreme Court, and desiring an order staying the mandate, must make application within 7 days from the date of the filing of the opinion or other dispositive entry. The application must be accompanied by a written showing that a federal question is involved. If a motion for rehearing is filed, the application and showing shall be filed with the motion. If the application is granted, the court may require the giving of bond as a condition therefor.

   (3) A motion to recall a mandate must be filed in accordance with the provisions of § 2-106. The motion must be accompanied by a showing that no action has been taken on the mandate by the trial court. The opposing party may file objections to the motion to recall the mandate on or before the date of submission of the motion.

   (B) Costs.

   (1) The following costs are taxed in the Supreme Court and are itemized on the mandate:

   (a) Fees (Neb. Rev. Stat. § 33‑103);

   (b) Transcript preparation fees (only in cases where appellant prevails);

   (c) Printing costs;

   (d) Attorney fees; and

   (e) Other fees and costs as awarded by the court.

   (2) The Supreme Court Clerk shall tax costs for the following printed briefs when filed in accordance with these rules: brief of each appellant; brief of each appellee; brief on cross‑appeal; and only such portion of reply brief as is in response to the cross‑appeal. No costs shall be taxed for other briefs. The amount taxed shall be the actual costs of printing, or $7.50 per page up to a maximum of 50 pages, whichever is lower. The pages taxed shall include the cover (taxed as two pages) and all index and appendix pages, as well as numbered pages in the body of the brief. The printer shall submit proof of the actual printing costs at the time the brief is filed. Briefs which are not timely filed and are not stricken from the record will not be taxed as costs.

   (3) When unnecessary costs have been made by either party, the court may order the same to be taxed to the party making them, without reference to the disposition of the case.

   (4) At the time the mandate is issued, the Supreme Court Clerk shall send a statement to counsel for the costs which are due to the other party. Payment for costs due is to be made in accordance with Neb. Rev. Stat. § 25‑1915.

   (5) A motion to retax costs may be filed in accordance with the provisions of § 2-106 if a party disagrees with the taxation of costs in a case.

Rule 14(A)(1), 14B(1)(a), and (B)(4) amended May 28, 1992. Renumbered and codified as § 2-114, effective July 18, 2008.

   (A) How Commenced.

   (1) An original action may not be commenced except by leave of court.

   (2) Application for leave to commence an original action shall be made by filing with the Supreme Court Clerk a verified petition setting forth the action. Applicant must also file with the clerk a statement setting forth the basis of the court's jurisdiction and the reasons which make it necessary to commence the action here. One copy of each must accompany the petition and the statement. No oral argument will be permitted except as may be ordered by the court.

See appendix 4.

   (B) Docketing the Case.

   (1) All applications for leave of court to file an original action shall be recorded in an application docket.

   (2) The docket fee provisions of Neb. Rev. Stat. § 33‑103 and § 2-101(G) shall apply to the application docket.

   (3) If the court accepts the application as an original action, the case shall be transferred to the Supreme Court docket. A second filing fee shall not be required.

Rule 15(B)(2) amended May 28, 1992. Renumbered and codified as § 2-115, effective July 18, 2008; § 2-115(A)(2) amended June 6, 2012.

   (A) Records Checked Out. Transcripts and bills of exceptions may be checked out by counsel for not more than 14 days. Counsel shall pay postage for records mailed to their offices. Counsel may obtain an extension of time for keeping the record in a case by sending a letter to the Supreme Court Clerk, setting forth the case number, caption of the case, and a request to keep the record for an additional 14 days. Counsel failing to return records when requested by the Supreme Court Clerk may be penalized by appropriate sanctions, including suspension of the privilege to check out records from the Clerk's office.

   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 reporter at the 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 cost.

   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 reporter shall prepare the original to be filed with the clerk of the trial court. The court reporter 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.

   (B)(1) Presentence Report. In all cases where a presentence report may be material on appeal, the defendant, his or her counsel, or counsel for the State may request the sentencing judge to forward it to the Supreme Court Clerk. In each instance, the sentencing judge shall cause a copy of the report to be forwarded to the Clerk in a separate sealed envelope. No pages in such copy may be stapled, and each page shall be consecutively numbered, with the number at the bottom of the page. The defendant, his or her counsel, or counsel for the State may examine the report, but it may not be removed from the office of the Clerk.

   (2) Neb. Rev. Stat. § 27-1301 Child Pornography Exhibits. In all cases where exhibits constituting visual depiction of sexually explicit conduct involving a child, as defined by § 27-1301, may be material on appeal, such evidence shall be handled on appeal and controlled by the provisions of Neb. Ct. R. § 6-1801.

   (C) Return of Records to District Court. The bill of exceptions, presentence report, and § 27-1301 child pornography evidence shall be returned to the clerk of the district court after the issuance of the mandate in a case. The Supreme Court Clerk may retain records in certain criminal homicide cases to facilitate microfilming of the records.

   (D) Records as Exhibits. Original Supreme Court records shall not be introduced as exhibits in any proceeding.

   (E) Microfilm Records. Certain records which this court is keeping pursuant to Neb. Rev. Stat. § 29‑2521.02 et seq. have been photographed on microfilm. These records may be checked out by Nebraska District Court judges. These records shall not be introduced as evidence.

Rule 16(E) amended May 28, 1992; Rule 16(A) amended September 27, 2000; Rule 16(A) and (B) amended May 21, 2003. Renumbered and codified as § 2-116, effective July 18, 2008; § 2–116(B)(1)-(2) and (C) amended January 27, 2010; § 2-116(B)(1) amended June 6, 2012.

   (A) Definitions.

   (1) "Judicial proceeding" or "proceeding" as referred to in these rules shall include all public trials, hearings, or other proceedings in the Supreme Court and the Court of Appeals, except those specifically excluded by these rules.

   (2) "Expanded media coverage" includes broadcasting, televising, electronic recording, or photographing of judicial proceedings for the purpose of gathering and disseminating news to the public.

   (3) "Supreme Court" shall mean the Supreme Court of Nebraska.

   (4) "Chief Justice" shall mean the Chief Justice of the Supreme Court of Nebraska.

   (5) "Court of Appeals" shall mean the Nebraska Court of Appeals.

   (6) "Chief Judge" shall mean the Chief Judge of the Nebraska Court of Appeals.

   (B) General. Except as provided below, broadcasting, televising, recording, and photographing will be permitted in all judicial proceedings in the courtroom during sessions of the Supreme Court and the Court of Appeals, including recesses between sessions, under the following conditions:

   (1) There shall be no audio pickup or broadcast of conferences in a court proceeding between attorneys and their clients, between cocounsel, or between judges.

   (2) The quantity and types of equipment permitted in the courtroom shall be subject to the discretion of the Chief Justice within the guidelines set out in the accompanying rules.

   (3) Notwithstanding the provisions of any of these procedural or technical rules, the Chief Justice, or the Chief Judge as to the Court of Appeals, upon application, may permit the use of equipment or techniques at variance therewith, provided the application for variance is made at least 10 days prior to the scheduled hearing. Ruling upon such a variance application shall be in the sole discretion of the Chief Justice or the Chief Judge, as the case may be. Such variances may be allowed by the Chief Justice or the Chief Judge without advance application or notice if all counsel and parties consent.

   (4) The rights provided for herein may be exercised only by persons or organizations which are part of the news media.

   (5) These rules are designed primarily to provide guidance to media and courtroom participants and are subject to withdrawal or amendment by the Supreme Court at any time.

   (C) Preservation of Rights. Expanded media coverage of a proceeding shall be permitted in all judicial proceedings unless the court concludes, after objection and showing of good cause, that under the circumstances of the particular proceeding such coverage would materially interfere with the rights of the parties to a fair trial. The Chief Justice or the Chief Judge, when applicable, may, as to any or all media participants, limit or terminate photographic or electronic media coverage at any time during the proceeding in the event the Chief Justice or Chief Judge finds

   (1) that rules established under this order or additional rules imposed by the Chief Justice or Chief Judge have been violated or

   (2) that substantial rights of individual participants or rights to a fair trial will be prejudiced by such manner of coverage if it is allowed to continue.

   (D) Objections. A party to a proceeding objecting to expanded media coverage under these rules shall file a written objection, stating the grounds therefor, at least 3 days before commencement of the proceeding. All objections shall be heard and determined by the Chief Justice, or the Chief Judge as to the Court of Appeals, prior to commencement of the proceeding. Time for filing of objections may be extended or reduced in the discretion of the Chief Justice, or the Chief Judge as to the Court of Appeals, who may also in appropriate circumstances extend the right of objection to persons not specifically provided for in these rules.

   (E) Technical.

   (1) Equipment to be used by the media in the courtrooms during the proceeding must be unobtrusive and must not produce distracting sound. In addition, such equipment must satisfy the following criteria:

   (a) Still cameras are to be standard, professional quality, single‑lens reflex or rangefinder 35 mm cameras, or twin‑lens reflex 120 mm cameras in good repair. Motor‑driven film advances and autowinders on still cameras are not allowed.

   (b) Television cameras are to be electronic and, together with any related equipment to be located in the courtroom, must be unobtrusive in both size and appearance, and without distracting sound or light. Television cameras are to be designed or modified so that participants in the proceeding being covered are unable to determine when recording is occurring.

   (c) Microphones, wiring, and audio recording equipment shall be unobtrusive and of adequate technical quality to prevent interference with the proceeding being covered. No modifications of existing systems shall be made without approval by the Supreme Court after submission of a specific written proposal which shall include technical specifications and details of the proposed changes. Microphones for use of counsel and judges shall be equipped with off/on switches.

   (2) Other than light sources already existing in the courtroom, no flashbulbs or other artificial lighting device of any kind shall be employed in the courtroom.

   (3) The following limitations on the amount of equipment and number of photographic and broadcast media personnel in the courtroom shall apply:

   (a) At any one time, not more than one still photographer, using not more than two camera bodies and two lenses, shall be permitted in the courtroom during a proceeding.

   (b) Not more than one television camera, operated by not more than one person knowledgeable in its use, shall be permitted in the courtroom during any proceeding. Where possible, recording and broadcasting equipment which is not a component part of a television camera shall be located outside the courtroom.

   (c) Not more than one audio system shall be set up in the courtroom for broadcast coverage of a proceeding. Audio pickup for broadcast coverage shall be accomplished from any existing audio system present in the courtroom, if such pickup would be technically suitable for broadcast. Where possible, electronic audio recording equipment and any operating personnel shall be located outside the courtroom, except that an audio recorder which is a component part of the television camera operating in the courtroom may be used for audio pickup.

   (d) Where the above limitations on equipment and personnel make it necessary, the media shall be required to pool equipment and personnel. Pooling arrangements shall be the sole responsibility of the media, and neither the Supreme Court or the Court of Appeals nor their employees shall be called upon to mediate any dispute as to the appropriate media representatives authorized to cover a particular proceeding.

   (4) Equipment and operating personnel shall be located in, and coverage of the proceeding shall take place from, an area or areas within the courtroom designated by the Chief Justice or Chief Judge.

   (5) Television cameras and audio equipment may be installed in or removed from the courtroom only when court is not in session. In addition, such equipment shall at all times be operated from a fixed position. Still photographers and broadcast media personnel shall not move about the courtroom while a proceeding is in session, nor shall they engage in any movement which attracts undue attention. Still photographers shall not assume body positions inappropriate for spectators.

   (6) All still photographers and broadcast media personnel shall be properly attired and shall maintain proper courtroom decorum at all times while covering the proceeding.

Rule 17, (A)(5), (A)(6), (B)(3), (C), (C)(1), (D), (E)(3)(d), and (E)(4) amended April 15, 1992; Rule 17(B)(3) amended May 28, 1992; Rule 17(E)(1)(c) and (E)(3)(c) amended November 23, 1999. Renumbered and codified as § 2-117, effective July 18, 2008.

   (A) Other than as provided in § 2-117, there shall be no broadcasting, televising, recording, or photographing in courtrooms and areas immediately adjacent thereto during sessions of a court or recesses between sessions, except that under rules which may be prescribed by the Nebraska Supreme Court a judge of a court other than the Supreme Court or Court of Appeals may authorize broadcasting, televising, recording, and photographing of judicial proceedings in such courtrooms and areas immediately adjacent thereto consistent with the right of the parties to a fair trial and subject to express conditions, limitations, and guidelines which allow such coverage in a manner that will be unobtrusive, will not distract the trial participants, and will not otherwise interfere with administration of justice.

Rule 18 adopted April 15, 1992. Renumbered and codified as § 2-118, effective July 18, 2008.

   For good cause, the Supreme Court and the Court of Appeals may shorten the time within which any filing must be made or act must be done.

Rule 19 adopted March 1, 1995. Renumbered and codified as § 2-118, effective July 18, 2008.

   Examination of applicants for admission to the bar will be held on the days set for the Uniform Bar Examination at a location to be determined by the commission; provided, however, that the commission may hold examinations at such other times and places as it may deem advisable. The application for examination must be filed with the secretary of the bar commission as provided in § 3-102.

   Commencing in 1991, and thereafter, each candidate for admission on examination in Nebraska must have passed the Multistate Professional Responsibility Examination as a requirement for admission to practice law in Nebraska. The passing score will be established from time to time by the Nebraska Supreme Court. The examination may be taken by the applicant at any location where it is administered.

Rule 1 amended February 10, 1993. Renumbered and codified as § 3-101, effective July 18, 2008; § 3-101 amended January 11, 2012, effective January 1, 2013.

   Each applicant must file with the secretary of the bar commission a written request for admission and a personal affidavit as to the applicant's age, residence, and time and place of study and degree, or admission and period of practice in courts of record in another state, the District of Columbia, or a territory, together with the certificates or affidavits of at least two citizens of good standing in the community where the applicant resides, or formerly resided, and such other information as the bar commission may require. These certificates or affidavits must show that the parties making them are well acquainted with the applicant, that the applicant is of good reputation in that community, and that they believe the applicant to be of good moral character. In case the applicant seeks admission on examination, he or she must file an application, in the form provided by the bar commission, on or before November 1 to be eligible to sit for the following February examination and on or before April 1 to be eligible to sit for the following July examination. If the applicant is under suspension or disbarment, the applicant will not be eligible to be admitted or eligible to take the bar examination in Nebraska.

Rule 2 amended December 29, 1993; effective March 1, 1994. Renumbered and codified as § 3-102, effective July 18, 2008.

   An attorney should be one whose record of conduct justifies the trust of clients, adversaries, courts, and others with respect to the professional duties owed to them. A record manifesting a significant deficiency by an applicant in one or more of the following essential eligibility requirements for the practice of law may constitute a basis for denial of admission. In addition to the admission requirements otherwise established by these rules, the essential eligibility requirements for admission to the practice of law in Nebraska are:

   (A) The ability to conduct oneself with a high degree of honesty, integrity, and trustworthiness in all professional relationships and with respect to all legal obligations;

   (B) The ability to conduct oneself diligently and reliably in fulfilling all obligations to clients, attorneys, courts, and others;

   (C) The ability to conduct oneself with respect for and in accordance with the law and the Nebraska Rules of Professional Conduct;

   (D) The ability to communicate clearly with clients, attorneys, courts, and others;

   (E) The ability to reason, analyze, and recall complex factual information and to integrate such information with complex legal theories;

   (F) The ability to exercise good judgment in conducting one’s professional business;

   (G) The ability to avoid acts that exhibit disregard for the health, safety, and welfare of others;

   (H) The ability to use honesty and good judgment in financial dealings on behalf of oneself, clients, and others;

   (I) The ability to comply with deadlines and time constraints;

   (J) The ability to conduct oneself professionally and in a manner that engenders respect for the law and the profession.

   See Appendix A, Character and Fitness Standards.

Rule 3 amended July 28, 1998; Rule 3(C) amended July 13, 2005, effective September 1, 2005. Renumbered and codified as § 3-103, effective July 18, 2008.

   The qualifications of an applicant for admission are not necessarily established by the foregoing. In addition thereto the applicant will, in the application, give the names and addresses of at least three persons, other than those whose certificates or affidavits the applicant presents, of whom inquiry can be made in regard to the applicant's character and other qualifications.

   (A) Classification of Applicants.

   (1) Class I-A applicants who may be admitted to practice in Nebraska upon approval of a proper application are those:

   (a) who, as determined by the bar commission, have been admitted to, and are active and in good standing in, the bar of another state, territory, or district of the United States, and

   (b) who at the time of their admission had attained educational qualifications at least equal to those required at the time of application for admission by examination to the bar of Nebraska, and

   (c) who have passed an examination equivalent to the examination administered in the State of Nebraska, and, beginning in 1991, who have passed the Multistate Professional Responsibility Examination with the score required by Nebraska.

   (2) Class I-B applicants who may be admitted to practice in Nebraska upon approval of a proper application are those:

   (a) who have been licensed and are active and in good standing in the practice of law in another state, territory, or district of the United States preceding application for admission to the bar of Nebraska and have actively and substantially engaged in the practice of law in another state, territory, or district of the United States for 5 of the 7 years immediately preceding application for admission, and

   (b) who at the time of their admission had attained educational qualifications at least equal to those required at the time of application for admission by examination to the bar of Nebraska.

   (3) Class I-C applicants who may be admitted to practice in Nebraska upon approval of a proper application are those:

   (a) who have taken the Uniform Bar Examination (UBE) in another jurisdiction and have earned at least the minimum score as determined by the Nebraska Supreme Court, and

   (b) have attained educational qualifications at least equal to those required by the time of application for admission by examination to the bar of Nebraska, and

   (c) who have passed the Multistate Professional Responsibility Examination and earned a score as determined by the Nebraska Supreme Court.

   (4) For purposes of these rules, "practice of law" means:

   (a) The private practice of law as a sole practitioner or as an attorney employee of, or partner or shareholder in, a law firm, professional corporation, legal clinic, legal services office, or similar entity; or

   (b) Employment as an attorney for a corporation, partnership, trust, individual, or other entity with the primary duties of:
   (i) Furnishing legal counsel, drafting documents and pleadings, and interpreting and giving advice with respect to the law; or

   (ii) Preparing cases for presentation to or trying before courts, executive departments, or administrative bureaus or agencies; or

   (c) Employment as an attorney in the law offices of the executive, legislative, or judicial departments of the United States, including the independent agencies thereof, or of any state, political subdivision of a state, territory, special district, or municipality of the United States, with the primary duties of:

   (i) Furnishing legal counsel, drafting documents and pleadings, and interpreting and giving advice with respect to the law; or

   (ii) Preparing cases for presentation to or trying cases before courts, executive departments, or administrative bureaus or agencies; or

   (d) Employment as a judge, magistrate, hearing examiner, administrative law judge, law clerk, or similar official of the United States, including the independent agencies thereof, or of any state, territory, or municipality of the United States, with the duties of hearing and deciding cases and controversies in judicial or administrative proceedings, provided such employment is available only to an attorney; or

   (e) Employment as a teacher of law at a law school approved by the American Bar Association throughout the applicant's employment; or

   (f) In the event that the applicant has not served for a full 5 of the last 7 years with any of the entities listed in subparagraphs (a) through (e) above, for purposes of this paragraph, the applicant may use any combination of subparagraphs (a) through (e) above.

   (5) All other applicants are Class II applicants, who must take a written examination.

   (6) For purposes of these rules, written examination shall mean the Uniform Bar Examination (UBE) comprised of the Multistate Essay Examination (MEE), the Multistate Performance Test (MPT) and the Multistate Bar Examination (MBE), as prepared and coordinated by the National Conference of Bar Examiners (NCBE).

   (7) Applicants with the qualifications to be classified as Class I-A, Class I-B, or Class I-C applicants shall not be permitted to apply for the written examination taken by Class II applicants without the prior approval of the bar commission, which approval may be given on good cause shown.

   (B) Applications.

   (1) All applications must be made on forms furnished by the commission.

   (2) Fees are required by all applicants in an amount fixed by the Supreme Court and must be paid in cash, bank cashier's check, or money order. Fees may be refunded in accordance with guidelines adopted by the commission.

   (C) Education Qualifications; Class II Applicants. All applicants must have received at the time of the examination their first professional degree from a law school approved by the American Bar Association. An applicant without a first degree from an approved law school shall be permitted to take the examination if such applicant will receive a first degree from an approved law school within 60 days after the date of the examination taken. In cases of hardship, the Supreme Court may, upon written application stating the nature and reason for the hardship to the applicant, permit the examination to be taken by an applicant before all other requirements have been fulfilled.

   (D) Policy on Applicants with a Disability. The bar commission will follow special rules set forth in the Policy on Applicants with a Disability, Appendix C.

   (E) Oath of Admission. No applicant will be admitted to the bar of Nebraska until such time as he or she has taken the oath of admission prescribed by the Supreme Court. No Class I applicant will be permitted to take such oath later than 18 months subsequent to the date upon which his or her application has been approved. No Class II applicant will be permitted to take such oath later than 18 months subsequent to the date of the announcement by the Court that he or she has passed the examination. Nothing precludes reapplication for admission. Admission of all applicants, including applicants who are being admitted with conditions set by the Supreme Court, will be by order of the Court, and certificates of admission issued to applicants will be signed by a Judge of the Court.

Rule 5(B)(3) eliminated February 10, 1993; Rule 5(C) amended May 22, 1996; Rule 5(D) and (E) amended July 28, 1998; Rule 5(E) amended May 23, 2001; Rule 5(C) amended January 29, 2003; Rule 5(A)(1) amended May 13, 2004; Rule 5(A)(5) adopted February 9, 2005. Renumbered and codified as § 3-105, effective July 18, 2008; §§ 3-105(A)(3)(a)-(c), and (4)-(7) amended January 11, 2012, effective January 1, 2013.

   Any attorney of good moral character who is admitted to and engaged in the practice of law in the courts of record of another state, the District of Columbia, or a territory, having professional business in the courts of this state, may on motion to such court, in the discretion of the court, be admitted for the purpose of transacting such business. In order to be admitted, the applicant shall file with the court where the case is pending as soon as possible, but no later than the date the applicant files any pleading or appears personally, a motion, see Appendix B, with the following:

   (A) A statement identifying the party or parties being represented.

   (B) A list of all jurisdictions where the applicant is licensed to practice law with applicable bar or registration numbers.

   (C) An affirmative statement that the applicant is in good standing and eligible to practice law in the aforementioned jurisdictions and is not the subject of a disciplinary action or investigation. If the applicant is the subject of a disciplinary action or investigation, the name and address of the disciplinary authority for the jurisdiction and a brief description of the nature and status of the action or investigation shall be provided.

   (D) An affirmative statement that the applicant is subject to the Rules of Professional Conduct, Neb. Ct. R. of Prof. Cond. §§ 3-501.0 to 3-508.5, upon admission pro hac vice.

   (E) Unless exempted by Neb. Rev. Stat. § 7-103, a statement, including contact information, that the applicant has associated and is appearing with an attorney who is a resident of Nebraska, duly and regularly admitted to practice in the courts of record of this state, and upon whom service may be had in all matters connected with the action with the same force and effect as if personally made on such foreign attorney within this state. The associating attorney, or his or her designee, shall sign all pleadings, motions and papers filed in the case, as well as personally appear at all proceedings before the court, unless excused by the court.

   (F) A $250 fee payable to the Clerk of the Court. The Clerk of Court shall remit the fee to the State Treasurer for credit to the Nebraska Supreme Court’s Counsel for Discipline Cash Fund not later than the 15th day of the month following the calendar month in which the fee was received. If the motion for pro hac vice admission is not granted, the Clerk of the Court shall refund the $250 fee. A court may, in its discretion and upon written motion, waive the fee for applicants who are representing governmental entities or providing pro bono representation of an indigent client.

   Once the motion is granted, the applicant shall take and subscribe the oath required to be taken by individuals regularly practicing before the courts of this state as set forth in Neb. Rev. Stat. § 7-104 and the subscribed oath shall be filed by the applicant with the Clerk of the Court in which the applicant is appearing. The subscribed oath shall be made part of the court record. See Appendix B.

§ 3-106 amended April 13, 2011, effective July 1, 2011; § 3-106(F) amended July 13, 2011.

   Each applicant, with the filing of the application, must pay the fee prescribed by the Nebraska Supreme Court. Application fees will be used for administrative expenses and costs incurred by the bar commission in carrying out its duties. As an expense of the commission, the attorney members will be entitled to receive reimbursement for all reasonable expenses incurred in the performance of their duties and a per diem allowance to be fixed by the Court. Each year, the bar commission will submit a budget to the Court for the purpose of establishing the application fee to be charged.

   The examination subjects will be determined by the National Conference of Bar Examiners.

§ 3-108 amended January 11, 2012, effective January 1, 2013.

   On October 23, 1985, the Nebraska Supreme Court appointed a commission composed of six persons, learned in law, to make recommendations to the Court with reference to applicants for admission and to conduct examinations for the ensuing years. One commissioner was selected from each Supreme Court judicial district. In order to create staggered terms, commissioners first appointed on October 23, 1985, were selected so that one was appointed for a term of 1 year, one for a term of 2 years, one for a term of 3 years, one for a term of 4 years, one for a term of 5 years, and one for a term of 6 years, the terms beginning November 1, 1985. Thereafter, each commissioner is appointed for a term of 6 years. The Court appoints a secretary to the bar commission, who serves under the supervision of the Court and the bar commission. The commission so appointed will, prior to the examinations, examine the proofs of qualifications filed in accordance with these rules and may make further investigation as to the qualifications of any applicant as it deems expedient. On the day appointed, it will commence the examination of applicants upon the subjects as determined by the National Conference of Bar Examiners. The method of conducting the examinations will be left to the discretion of the commission. The purpose of the examination will be to determine whether any individual seeking admission is unqualified and incompetent to be permitted to practice law within the State of Nebraska. The standards for passing the examination will be established by the commission with the approval of the Court.

§ 3-109 amended January 11, 2012, effective January 1, 2013.

   Any applicant who has failed to be admitted on motion, who has been denied admission on the basis of fitness or character, or who has been refused permission to take the examination, may, within 30 days after the mailing of the notice of refusal of permission, denial of admission on motion, or denial of admission on the basis of fitness or character, request a hearing before the bar commission. The applicant must appear at the hearing for an oral presentation and present a concise written brief setting forth the reasons why the applicant should be permitted to take the examination, be admitted on motion, or be admitted on fitness or character. The applicant may, at the applicant's expense, make arrangements to have the proceeding recorded for use by the commission or the Supreme Court on appeal. The commission will then review and consider the reasons presented. Upon reaching a determination, the commission will advise the applicant of its decision in writing. In the event that the applicant is dissatisfied with the decision of the commission, the applicant may, within 30 days from the date of the letter from the commission, appeal the decision to the Supreme Court. The appeal must be taken and perfected in accordance with § 3-115.

Rule 10 amended May 22, 1996. Renumbered and codified as § 3-110, effective July 18, 2008; § 3-110 amended January 11, 2012, effective January 1, 2013.

   As soon as practicable after the conclusion of the examination, the commission will make a written report to the Court of its recommendations. All applicants who are approved by the Court will be admitted to practice upon taking the oath prescribed by law.

   The bar commission is authorized to make, subject to the approval of the Supreme Court, such further rules and regulations as it deems necessary or expedient to carry out the intent and purpose of these rules.

   Each member of the bar commission is hereby authorized to administer oaths in any proceeding before the bar commission on matters relative thereto, and has power in such matters to subpoena witnesses and take depositions.

   Any attorney admitted to practice law in the State of Nebraska who resigns membership in the Nebraska State Bar Association, as provided in Neb. Ct. R. § 3-803(I), will no longer be a member of the Nebraska bar, and if thereafter such person desires to be readmitted to the Nebraska bar, the applicant must comply with the applicable provisions of this article.

   Any applicant entitled to appeal from a final adverse determination of the bar commission in accordance with § 3-110 must file an original and seven copies of a notice of appeal with the Clerk of the Supreme Court within 30 days following the date notice of the decision was mailed to the applicant at the address given to the commission by the applicant at the time of the hearing before the commission. The notice of appeal shall be accompanied by a written statement, an original and seven copies, setting forth the nature of the case, the reason for the appeal, and the facts and pertinent authorities upon which the applicant relies. No fee will be charged for filing the appeal. The Supreme Court will consider the matter de novo on the record made at the hearing before the commission, including such proceedings as may have been recorded pursuant to § 3-110; provided, however, that the Supreme Court may appoint a master, who, after hearing the arguments of the applicant and the commission, shall make findings and report them to the Court, together with a recommended disposition. A copy of such report shall be forwarded to the applicant on the same day an original and seven copies are filed with the Court. The applicant shall have 14 days from the filing of the report within which to file an original and seven copies of such response, if any, as the applicant may wish to make.

   (A) Passing Scores. The passing standard for the bar examination is a grade of  270 on a single administration of the Uniform Bar Examination as certified by the National Conference of Bar Examiners (NCBE). The passing score for the Multistate Professional Responsibility Examination is 85.

   (B) Stale Scores. Passing scores on the UBE and the MPRE will be accepted for admission in Nebraska no longer than 5 years after the release of the passing score.

Rule 16 adopted May 22, 1996; Rule 16 amended May 13, 2004. Renumbered and codified as § 3-116, effective July 18, 2008; § 3-116 amended January 11, 2012, effective January 1, 2013; § 3-116(A) and (B) amended December 19, 2012, effective January 1, 2013.

   Applicants shall also pay to the commission all charges for examinations prepared by the National Conference of Bar Examiners on behalf of the commission.

Rule 17 adopted May 22, 1996; Rule 17 amended July 28, 1998. Renumbered and codified as § 3-117, effective July 18, 2008.

   The records, papers, application, and other documents containing information collected and compiled by the commission, its members, employees, agents, or representatives are held in official confidence for all purposes other than cooperation with another bar examining authority. The bar commission and its members, employees, agents, and representatives are immune from all civil liability for damages for conduct and communications occurring in the performance of and within the scope of their official duties relating to the examination, character and fitness qualification, and licensing of persons seeking to be admitted to the practice of law. Records, statements of opinion, and other information regarding an applicant for admission to the bar communicated by any entity, including any person, firm, or institution, without malice, to the bar commission or to its members, employees, agents, or representatives are privileged, and civil suits for damages predicated thereon may not be instituted.

Rule 18 adopted July 28, 1998. Renumbered and codified as § 3-118, effective July 18, 2008.

   The bar commission shall obtain a complete set of fingerprints from all bar applicants on a form designated by the commission as provided under Neb. Rev. Stat § 7-102(2). The commission will forward the fingerprints of all such applicants to the Nebraska State Patrol for a national criminal history record information check by the Identification Division of the Federal Bureau of Investigation. The Supreme Court may, at any time, order the commission to discontinue requesting, or to thereafter resume requesting, fingerprint record checks on all applicants that are fingerprinted pursuant to Neb. Rev. Stat. § 7-102(2).

Rule 19 adopted April 24, 2002. Renumbered and codified as § 3-119, effective July 18, 2008.

   (A) As of December 1, 1999, attorneys who are licensed to practice law in Nebraska may do so in the form of professional corporations, limited liability companies, or limited liability partnerships (herein referred to as “domestic professional organizations”) permitted by the laws of Nebraska to conduct the practice of law, provided that such professional organizations maintain the mandatory minimum levels of professional liability insurance set forth at § 3-201(C)(7) and are established and operated in accordance with the provisions of this rule and the Nebraska Rules of Professional Conduct, and provided that a certificate of authority is granted by the Nebraska Supreme Court pursuant to § 3-202(A). For purposes of these rules, "organizing document" shall mean articles of incorporation, articles of organization, certificate of organization, statement of qualification, or parternship agreement for domestic professional organizations.

   (B) As of December 1, 1999, attorneys may practice law in Nebraska in forms similar to domestic professional organizations formed pursuant to the laws of a jurisdiction other than Nebraska (herein referred to as “foreign professional organizations”), and the laws of such other jurisdiction shall govern (i) the organization, (ii) internal affairs, and (iii) all its other corporate aspects, provided that such foreign professional organization is operated in accordance with the applicable provisions of this rule, including the mandatory minimum professional liability insurance requirement and liability provisions of § 3‑201(C)(7). Whether or not such provisions are set forth in the organizational documents of a foreign professional organization, they are applicable and binding by operation of this rule.

   (C) The provisions of this rule shall apply to all foreign and domestic professional organizations (hereinafter collectively referred to as “professional organizations”) having as shareholders, officers, directors, partners, employees, members, or managers one or more attorneys who engage in the practice of law in Nebraska, whether such professional organizations are formed under Nebraska law or under laws of another state or jurisdiction. All professional organizations conducting the practice of law in Nebraska shall comply with the following requirements, and the organizing document of any domestic professional organization shall contain provisions complying with the following requirements:

   (1) The name of the professional organization organized under this rule shall contain the words “professional corporation,” “limited liability company,” or “limited liability partnership,” or abbreviations thereof such as “P.C.,” “L.L.C.,” or “L.L.P.” In addition, any professional corporation organized under this rule shall have as a part of its firm name the words “A Limited Liability Organization,” or an abbreviation thereof such as "L.L.O.," following its designation as a professional corporation or P.C. The name of the professional organization shall meet the ethical standards established for the names of law firms according to the standards of professional conduct promulgated by the Supreme Court and the Nebraska Rules of Professional Conduct;

   (2) All members of the professional organization who engage in the practice of law within the State of Nebraska shall be persons duly licensed by the Nebraska Supreme Court to practice law in the State of Nebraska, and at all times own their own interest in their own right, and all members of the professional organization who engage in the practice of law outside this state shall be persons duly licensed by the states, territories, or other jurisdictions in which such persons engage in the practice of law, and at all times own their own interest in their own right;

   (3) Provisions shall be made requiring any member who ceases to be eligible to be a member to dispose of all of his or her interest in the professional organization forthwith, either to the professional organization or to a person having the qualifications described in § 3-201(C)(2);

   (4) The management of the professional organization shall have the qualifications of the persons described in § 3-201(C)(2);

   (5) The professional organization shall be organized solely for the purpose of conducting the practice of law, and only through persons qualified to practice law in the State of Nebraska if such persons engage in the practice of law within this state, or through persons qualified to practice law in the states, territories, or other jurisdictions in which such persons engage in the practice of law;

   (6) No professional organization may engage in the practice of law except by and through the person or persons of its licensed member or members or licensed professional employees, all of whom shall retain their professional licenses in good standing and shall be subject to all rules, regulations, standards, and requirements pertaining to their professional activities. The provisions of this rule shall not be construed to abolish, repeal, modify, restrict, or limit the standards for professional conduct or the law now in effect applicable to the professional relationship and liabilities between the person furnishing the professional services and the person receiving such professional services;

   (7)(a) A member or professional employee of a professional organization shall remain personally and fully liable and accountable for any negligent or wrongful acts or misconduct committed by him or her, or by any person under his or her direct supervision and control, while rendering professional services on behalf of the professional organization to the person for whom the professional services were being rendered.

   (b) All professional organizations operating under this rule shall maintain professional liability insurance as set forth herein. The organizing document shall provide that any shareholder, partner, or member who has not directly and actively participated in the act, error, or omission for which liability is claimed shall not be liable, except as provided in § 3-201(C)(7)(b)(v), for any of the damages caused if at the time the act, error, or omission occurs the professional organization has professional liability insurance which meets the following minimum standards:

   (i) The insurance shall insure the professional organization against liability imposed upon it arising out of the practice of law by attorneys employed by the professional organization in their capacities as attorneys.

   (ii) Such insurance shall insure the professional organization against liability imposed upon it by law for damages arising out of the professional acts, errors, and omissions of all nonprofessional employees.

   (iii) The policy may contain reasonable provisions with respect to policy periods, territory, claims, conditions, exclusions, and other matters.

   (iv) The insurance shall be in an amount for each claim of at least $250,000 multiplied by the number of attorneys employed by the professional organization, and if the policy provides for an aggregate top limit of liability per year for all claims, the limit shall not be less than $500,000 multiplied by the number of attorneys employed by the professional organization; provided, however, that no professional organization shall be required to carry total limits of insurance in excess of $1,000,000 for each claim or be required to carry an aggregate top limit of liability for all claims per year of more than $5,000,000.

   (v) The policy may provide for a deductible or self-insured retained amount and may provide for the payment of defense or other costs out of the stated limits of the policy. In either or both such events, the liability assumed by the shareholders, partners, or members of the professional organization shall include the amount of such deductible or retained self-insurance and shall include the amount, if any, by which the payment of defense costs may reduce the insurance remaining available for the payment of claims below the minimum limits of insurance required by this rule if the ultimate liability for the claim exceeds the amount of insurance remaining to pay for it.

   (vi) A professional act, error, or omission is considered to be covered by professional liability insurance for the purpose of this rule if the policy includes such act, error, or omission as a covered activity, regardless of whether claims previously made against the policy have exhausted the aggregate top limit for the applicable time period or whether the individual claimed amount or ultimate liability exceeds either the per claim or aggregate top limit.

   (c) The organizing document shall also provide, and each shareholder, partner, or member shall be deemed to agree, that if it is determined that the mandatory professional liability insurance as set forth above has lapsed or is otherwise not in effect at the time of the commission of any professional act, error, or omission by any of the shareholders, officers, directors, partners, members, managers, or employees of the professional organization, each of the shareholders, partners, or members of the professional organization at the time of the commission of any such professional act, error, or omission shall be jointly and severally liable to the extent that the assets of the organization are insufficient to satisfy any liability incurred by the corporation for the acts, errors, and omissions of the shareholder, partner, or member and other employees of the organization while they are shareholders, partners, or members, to the same extent as if the shareholder, partner, or member were practicing in the form of a general partnership.

   (8) Except as provided by § 3-201(C)(7), the relevant states’ rules of liability applicable to the particular foreign professional organization shall apply to limited liability organizations organized hereunder.

   (9) The liability assumed by the shareholders, partners, or members of the professional organization pursuant to § 3-201(C)(7) is limited to liability for professional acts, errors, or omissions which constitute the practice of law and shall not extend to actions or undertakings that do not constitute the practice of law. Liability, if any, for any and all actions or undertakings, other than professional acts, errors, or omissions, shall be as generally provided by law and shall not be changed, affected, limited, or extended by this rule.

   (10) A professional organization that discontinues the practice of law may nevertheless continue in operation for an additional period of up to 2 years for the purpose of dissolving and winding up the administrative business of the professional organization.

Rule IC(1) amended January 12, 2000; Rule IA and IC(1) amended July 13, 2005, effective September 1, 2005. Renumbered and codified as § 3‑201, effective July 18, 2008; §§ 3-201(A), (C), and (C)(7)(b)-(c) amended December 22, 2010.

   (A) All professional organizations, both domestic and foreign, shall file with the Clerk of the Supreme Court an application, in the form of a cover letter, along with a $25 issuance fee as required by statute or this rule, for a Certificate of Authority from the Nebraska Supreme Court to operate in this state. Such applications by domestic professional organizations shall be accompanied by the organizing document of such organization. If such accompanying documents meet with the Supreme Court’s approval, the Supreme Court will issue a Certificate of Authority to the domestic professional organization to operate under this rule. Applications by foreign professional organizations shall be submitted as set forth at § 3-202(D).

   The Certificate of Authority issued by the Supreme Court under this rule shall expire 1 year from its date of issuance. All professional organizations operating under this rule, both domestic and foreign, shall annually apply in writing for a Certificate of Authority from the Supreme Court. Such application, in the form of a cover letter, shall be accompanied by (1) a current list of the names and addresses of shareholders, members, or partners and a current list of the names and addresses of professional employees; (2) if not previously filed, any certified copies required to be on file pursuant to § 3-202(C); and (3) a $25 issuance fee.

   (B) At the time of filing the original organizing document with the Clerk of the Supreme Court, the domestic professional organization shall file a written list of members setting forth the names and addresses of each and a written list containing the names and addresses of all persons who are not members who are employed by the professional organization and who are authorized to practice law in Nebraska. The position in the professional corporation of each person identified in the firm name also shall be stated.

   (C) A copy certified by the Secretary of State of the organizing document of any domestic professional organization formed pursuant to this rule shall be filed with the Clerk of the Supreme Court, together with a certified copy of all amendments thereto.

   (D) Foreign professional organizations shall submit to the Clerk of the Supreme Court an application, in the form of a cover letter, for a Certificate of Authority from the Nebraska Supreme Court to operate in this state. Such application shall be accompanied by a written list of names and addresses as provided by § 3-202(B). The foreign professional organization’s application for a Certificate of Authority, which is executed by a member of the professional organization, shall set forth or include the following:

   (1) The name of the foreign professional organization;

   (2) The state or other jurisdiction or country where organized, the date of its organization, and a statement or certificate issued by an appropriate authority in that jurisdiction that the foreign professional organization exists in good standing under the laws of the jurisdiction of its organization;

   (3) The nature of the business or purposes to be conducted or promoted in the state;

   (4) The address of the registered office and the name and address of the resident agent for service of process;

   (5) An affirmative statement that the foreign professional organization will operate within the purview of this rule and the Nebraska Rules of Professional Conduct; and

   (6) Such additional information as may be necessary or appropriate in order to enable the Supreme Court to determine whether such foreign professional organization is entitled to a certificate of authority to transact business in this state.

   (E) The professional organization shall do nothing which if done by an attorney employed by it would violate the standards of professional conduct established for such attorney by the Supreme Court. The professional organization shall at all times comply with the standards of professional conduct and the provisions of this rule. Any violation of this rule by the professional organization shall be grounds for the Supreme Court to terminate or suspend its right to practice law or to revoke the professional organization’s certificate of authority to practice under this rule.

   (F) Nothing in this rule shall be deemed to diminish or change the obligation of each attorney employed by the professional organization to conduct his or her practice in accordance with the standards of professional conduct; any attorney who by act or omission causes the professional organization to act, or fail to act, in a way which violates such standards of professional conduct, including any provision of this rule, shall be deemed personally responsible for such act or omission and shall be subject to discipline therefor.

   (G) Nothing in this rule shall be deemed to modify the attorney-client privilege specified by statute, nor any comparable common-law privilege.

Rule IIA and IIB amended January 12, 2000; Rule IID(5) amended July 13, 2005, effective September 1, 2005. Renumbered and codified as § 3‑202, effective July 18, 2008; §§ 3-202(A), (B), and (C) amended December 22, 2010; §§ 3-202(A) and (D) amended April 17, 2013..

   Any such professional organization may adopt a pension, profit-sharing (whether cash or deferred), health and accident, insurance, or welfare plan for all or part of its employees including lay employees, provided that such plan does not require or result in the sharing of any specific or identifiable fees with lay employees and that any payments made to lay employees or into any such plan on behalf of lay employees are based upon their compensation or length of service or both rather than the amount of fees or income received.

   Except as provided by this rule, professional organizations shall not practice law.

   This rule shall not apply to organizations offering prepaid legal services to a defined and limited class of clients, to nonprofit charitable or benevolent organizations organized and operating primarily for a purpose other than the provision of legal services and which furnish legal services as an incidental activity in furtherance of their primary purpose, or to nonprofit organizations which have as their primary purpose the furnishing of legal services to indigent persons, provided that (1) the legal work serves the intended beneficiaries of the organizational purpose, (2) the staff attorney responsible for the matter signs all papers prepared by the organization, and (3) the relationship between the staff attorney and client meets the attorney’s professional responsibilities to the client and is not subject to interference, control, or direction by the organization’s board or employees except those of a supervising attorney licensed to practice law in Nebraska.

Rule IV amended July 13, 2005, effective September 1, 2005. Renumbered and codified as § 3-204, effective July 18, 2008.

   The Nebraska Supreme Court has the inherent power and duty to prescribe standards of conduct for attorneys admitted to practice law in Nebraska; to determine what constitutes grounds for the discipline of attorneys: to disbar, suspend, censure, or reprimand for cause attorneys whose failure to comply with the obligations of a member of the bar has been duly established.

   Attorneys are a part of the judicial system of the State and are officers of its courts. A license to practice law confers no vested right, but is a conditional privilege, revocable for cause.

   The discipline of attorneys is for the protection of the public, the profession, and the administration of justice.

   The following definitions shall apply wherever used in these rules:

ASSOCIATION
   The Nebraska State Bar Association.

ATTORNEY
   A person duly admitted to the practice of law in the State of Nebraska by the Court, under the laws of the State of Nebraska, and who is by his or her oath required to abide by its laws, including the laws of its subdivisions and the Nebraska Rules of Professional Conduct.
Amended July 13, 2005, effective September 1, 2005.

CLERK
   The Clerk of the Supreme Court and Court of Appeals of the State of Nebraska.

COMPLAINANT
   Any person who makes a Grievance.

COMPLAINT
   A written statement prepared by the Counsel for Discipline as a result of an investigation of a Grievance and filed with the appropriate Committee on Inquiry.

CONDITIONAL ADMISSION OF GUILT
   A process whereby a member charged can conditionally admit his or her guilt pending final approval by the Court.

COUNSEL FOR DISCIPLINE
   The person employed by the Nebraska Supreme Court to fulfill the duties and responsibilities set out in these rules, and it shall include that person's staff to whom he or she shall have the power to delegate the authority to make the required investigations and such other duties as he or she may assign to the staff. It shall also include the person appointed by the Court to serve as special prosecutor in a disciplinary case.
Amended December 13, 1995.

COURT
   The Supreme Court of the State of Nebraska.

DISABILITY INACTIVE STATUS
   Suspension from the practice of law due to a disability or substance abuse problem.

EXECUTIVE COUNCIL
   The Executive Council of the Nebraska State Bar Association.

FORMAL CHARGE
   A written statement prepared by the Counsel for Discipline at the direction of the Committee on Inquiry or the Disciplinary Review Board.

GRIEVANCE
   Any written statement made by any person alleging conduct on the part of a member which appears, in the judgment of the Counsel for Discipline, to have merit, and, if true, would constitute a violation of the member's oath, the Nebraska Rules of Professional Conduct, or these rules; allegations of misconduct not appearing in the judgment of the Counsel for Discipline to have merit are not deemed a Grievance under these rules.
Amended February 28, 2001; amended July 13, 2005, effective September 1, 2005.

INQUIRY
   A review of the investigative file of the Counsel for Discipline by a Committee on Inquiry Panel subsequent to the filing of a Complaint. An Inquiry is not a hearing and witnesses shall not be called and evidence shall not be introduced. At the request of the Inquiry Panel, the Counsel for Discipline may appear and participate in the proceeding.

MEMBER
   A member of the Nebraska State Bar Association of any class of membership.

OATH
   The oath of office taken by an attorney or member at the time of his or her admission to practice as provided by Neb. Rev. Stat. § 7-104, or as the same may be hereafter amended.

PRIVATE REPRIMAND
   A reprimand of a member by the Committee on Inquiry of the appropriate Judicial District or the Disciplinary Review Board which shall be in writing, signed by the Chairperson and Vice Chairperson, and directed to the member by United States certified mail, return receipt requested, but shall not be made public.

RELATOR
   The Counsel for Discipline of the Nebraska Supreme Court.

RESPONDENT
   A member charged with a violation of his or her oath, or the Nebraska Rules of Professional Conduct, or these rules.
Amended July 13, 2005, effective September 1, 2005.

RULES
   These rules as adopted by the Court or as the same may be hereafter amended.

RULES OF PROFESSIONAL CONDUCT
   The Nebraska Rules of Professional Conduct as adopted by the Court, together with such amendments thereto as may from time to time be approved by the Court.
Adopted July 13, 2005, effective September 1, 2005.

SERIOUS CRIME
   Any felony or any lesser crime that reflects adversely on the lawyer’s honesty, trustworthiness, or fitness as a lawyer.

   (A) Every attorney admitted to practice in the State of Nebraska, or required to register pursuant to Neb. Ct. R. §§ 3-1201 to 3-1204, is subject to the exclusive disciplinary jurisdiction of the Court.

   (B) Nothing herein contained shall be construed to deny to any other court such powers as are necessary for that court to maintain control over proceedings conducted before it, such as the power of contempt.

   (C) Time limitations for the Committees on Inquiry and Disciplinary Review Board as set forth herein are directory and not jurisdictional. Failure to observe prescribed time intervals may result in sanctions against the violator but does not justify abatement of any discipline or disability investigation or proceeding.

   (D) Incumbent judges shall not be subject to the jurisdiction of the Counsel for Discipline.

   (E) Every attorney admitted to practice in the State of Nebraska shall pay a disciplinary assessment for each calendar year from January 1 to December 31, payable in advance on or before January 1 of each year, in such amount as may be fixed by the Court. The first disciplinary assessment shall be due on or before January 1, 2001. The disciplinary assessment shall be paid to the Treasurer of the Association and shall be used to defray the costs of disciplinary administration and enforcement as established by these rules. Different classifications of disciplinary assessments may be established for Active Jr., Active Sr., Active, Inactive, Military, and Emeritus members as those membership classes are defined in Neb Ct. R. § 3-803. Members newly admitted to the practice of law in the State of Nebraska shall not pay a disciplinary assessment for the remainder of the calendar year in which they are admitted.

   (F) Members who fail to pay the disciplinary assessment shall be subject to suspension from the practice of law as provided in Neb. Ct. R. § 3-803(E).

§ 3-301 amended October 26, 2011, effective January 1, 2012.

   The Disciplinary District which shall have jurisdiction over a member shall be any District, as defined in § 3-307, in which the member maintains an office, or the District in which his or her conduct under investigation occurred. If the member resides in Nebraska but does not maintain an office in Nebraska, jurisdiction shall be in the District of the member's residence. If the member does not maintain an office or a residence in Nebraska and the conduct under investigation did not occur in Nebraska, the Disciplinary Review Board shall determine which District shall have jurisdiction and shall assign the investigation to the Counsel for Discipline.

   (A) The license to practice law in this State is a continuing proclamation by the Court that the holder is fit to be entrusted with professional and judicial matters and to aid in the administration of justice as an attorney and as an officer of the Court. It is the duty of every recipient of the conditional privilege to practice law to conduct himself or herself at all times, both professionally and personally, in conformity with the standards imposed upon members as conditions for that privilege.

   (B) Acts or omissions by a member, individually or in concert with any other person or persons, which violate the Nebraska Rules of Professional Conduct as adopted by the Court, the oath, or the provisions of these rules, shall be grounds for discipline whether the act or omission occurred in the course of an attorney-client relationship or otherwise.

Rule 3(B)(1) amended July 13, 2005, effective September 1, 2005. Renumbered and codified as § 3-303, effective July 18, 2008.

   (A) Misconduct shall be grounds for:

   (1) Disbarment by the Court; or

   (2) Suspension by the Court; or

   (3) Probation by the Court in lieu of or subsequent to suspension, on such terms as the Court may designate; or

   (4) Censure and reprimand by the Court; or

   (5) Temporary suspension by the Court; or

   (6) Private reprimand by the Committee on Inquiry or Disciplinary Review Board.

   (B) The Court may, in its discretion, impose one or more of the disciplinary sanctions set forth above.

Rule 4(A)(3) and (B) amended June 16, 2004. Renumbered and codified as § 3-304, effective July 18, 2008.

   (A) The Court shall appoint a committee to be known as the Advisory Committee which shall consist of one member from each Supreme Court Judicial District in effect at the time of the adoption of these rules and as may hereafter be changed, a member at large to be Chairperson, and a member at large to be Vice Chairperson.

   (B) When the Advisory Committee is first appointed, one member shall be appointed for a term of one year, one member for two years, one member for three years, one member for four years, one member for five years, one member for six years, and one member for seven years. The first person appointed Vice Chairperson shall serve for seven years. Thereafter the full regular term of each member of the Committee shall be for seven years and no member shall serve full regular consecutive terms, but may be reappointed after a lapse of one year; provided, however, that at no time shall the terms of the Chairperson and Vice Chairperson expire at the same time.

   (C) In the interest of continuity and efficiency of operation the Court may deviate from time to time from the above designated terms of membership. Members of the Advisory Committee shall not receive compensation for their services but may be reimbursed for travel and other expenses incidental to the performance of their duties.

   (D) The Advisory Committee shall have the following powers and duties:

   (1) In its discretion, render to a member upon his or her written request an advisory opinion or an interpretation of the Nebraska Rules of Professional Conduct regarding anticipatory conduct on the part of the member. A member requesting an opinion from the Advisory Committee shall prepare and submit with his or her request a statement of the specific facts upon which the opinion is requested and a memorandum directing the attention of the Committee to the pertinent Nebraska Rules of Professional Conduct and relevant case authority. The Chairperson of the Advisory Committee may waive this requirement in appropriate cases.

   (2) Make appropriate arrangements, through its Chairperson, for publication and dissemination of such advisory opinions as the Committee deems of general interest to the members.

Rule 5(D)(1) amended February 22, 1996; Rule 5(A) and (B) amended July 23, 1997; Rule 5(D)(1) amended July 13, 2005, effective September 1, 2005. Renumbered and codified as § 3-305, effective July 18, 2008.

   (A) The Court shall appoint a committee to be known as the Disciplinary Review Board which shall consist of one member from each Supreme Court Judicial District in effect at the time of the adoption of these rules and as may hereafter be changed, one member of which shall be designated as Vice Chairperson; a member at large to be Chairperson; and three residents of Nebraska, not members, representing the public at large. The Vice Chairperson shall act as Chairperson if the designated Chairperson is absent or disqualified from acting in a particular proceeding. Neither the Chairperson nor the Vice Chairperson shall be nonlawyers.

   (B) When the Disciplinary Review Board is first appointed, one member shall be appointed for a term of one year, one member for two years, one member for three years, one member for four years, one member for five years, one member for six years, and one member for seven years. Thereafter the full regular term shall be for seven years and no member shall serve full regular consecutive terms, but may be reappointed after a lapse of one year. Initially, one representative of the public shall be appointed for a term of two years, one for a term of three years, and one for a term of four years. Thereafter the full regular term of the representative of the public shall be for three years. Representatives of the public may serve full regular consecutive terms.

   (C) In the interest of continuity and efficiency of operation the Court may deviate from time to time from the above designated terms of membership. Any member who is participating in a disciplinary proceeding which is pending at the time the member's term expires shall continue to serve as a member of the Board, with respect to such proceeding, until final disposition of that proceeding. Such a member will serve in addition to the seven regular members of that Board. Members of the Disciplinary Review Board shall not receive compensation for their services but may be reimbursed for travel and other expenses incidental to the performance of their duties.

   (D) The Disciplinary Review Board shall have the following powers and duties:

   (1) If necessary, because of disqualification or unavailability, to direct that the Complaint be referred to some other Committee on Inquiry, in which case the Committee on Inquiry to which it is so referred shall have full power and jurisdiction to the same extent and in like manner as the Committee which had original jurisdiction.

   (2) Assume jurisdiction of and determine a matter to the same extent and with like power as a Committee on Inquiry when directed by the Court.

   (3) Review motions to quash subpoenas.

   (4) Review a dismissal of a Grievance by the Counsel for Discipline upon application of the Complainant filed within thirty days of receipt of notice of the dismissal. After review of the investigative file of the Counsel for Discipline, the Disciplinary Review Board may affirm the dismissal of the Grievance, direct the Counsel for Discipline to further investigate, or direct the Counsel for Discipline to file a Complaint with the appropriate Committee on Inquiry. Should the Disciplinary Review Board reverse the Counsel for Discipline’s decision to dismiss a Grievance, a special prosecutor shall be appointed to prosecute the action.

   (5) Review the private reprimand issued by the Committee on Inquiry in conformity to § 3‑309(H) upon written application of the member against whom the reprimand was issued or the Counsel for Discipline filed within thirty days of issuance of the reprimand. After review of the investigative file of the Counsel for Discipline, the Disciplinary Review Board may affirm the issuance of the private reprimand, reverse the issuance of the private reprimand and dismiss the complaint, or determine that there are reasonable grounds for discipline of the Respondent and that a public interest would be served by the filing of a Formal Charge.

   (6) Review a dismissal of a Complaint by the Committee on Inquiry in conformity with § 3‑309(H) upon written application of the Counsel for Discipline filed within thirty days of receipt of the notice of dismissal. After review of the investigative file of the Counsel for Discipline, the Disciplinary Review Board may affirm the dismissal of the Complaint; determine that there are reasonable grounds for discipline of the Respondent but that no public interest would be served by the filing of a Formal Charge and, thereupon, prepare and issue a private reprimand; or determine that there are reasonable grounds for discipline of the Respondent and that a public interest would be served by the filing of a Formal Charge. If the Disciplinary Review Board determines that a Formal Charge is warranted, the Board shall direct the Counsel for Discipline to file the same with the Clerk.

   (7) A review provided for in § 3-306(D)(4), (5), or (6) shall be completed within sixty days after it is received by the Disciplinary Review Board unless the Chairperson of the Disciplinary Review Board, because of the extent of the record or the complexity of the issues, determines that additional time is necessary.

   (E) Reviews provided for in § 3-306(D)(4), (5), or (6) shall be conducted by a panel appointed by the Chairperson of the Board. The panel shall be composed of three members of the Disciplinary Review Board. One member of each panel shall be a nonlawyer. The Chairperson of the Board shall appoint one lawyer member of the panel to serve as Chairperson of the panel.

Rule 6(A) amended November 14, 1996; Rule 6(D)(4) amended November 22, 2000. Renumbered and codified as § 3-306, effective July 18, 2008.

   (A)(1) The Court shall appoint a Committee on Inquiry in each of six districts. For the purposes of these rules, such districts shall be coterminous with the Supreme Court Judicial District of the same number in effect at the time of the adoption of these rules, and as hereafter may be changed. The Committees on Inquiry shall contain the following number of members, one-third of whom shall be nonlawyers: districts 1 and 2 shall contain 12 members and districts 3, 4, 5, and 6 shall contain 6 members.

   (2) The members of each committee shall be residents of, or have their principal law office in, the district in which they serve as herein described; provided, however, that members of the Committee on Inquiry for district 4 may reside in any part of Douglas County, and members of the Committee on Inquiry for district 2 may reside in Sarpy County.

   (3) Members of the Committees on Inquiry as they exist as of the date of adoption of this rule amendment shall continue to serve our their terms on such committees; however, when those terms expire, replacement for such members shall be in accordance with the boundaries and residence requirements of these rules.

   (B) The Court shall designate one member as Chairperson and two members as Vice Chairpersons, either of whom may serve as Chairperson in the event of the disqualification or unavailability of the Chairperson. Neither the Chairperson nor the Vice Chairpersons shall be nonlawyers.

   (C) When a Committee on Inquiry is first appointed, one-sixth of its members shall be appointed for a term of one year, one-sixth for a term of two years, one-sixth for a term of three years, one-sixth for a term of four years, one-sixth for a term of five years, and one-sixth for a term of six years and thereafter all regular terms shall be six years. No member of the Committee shall serve consecutive terms but may, however, be reappointed after a lapse of one year.

   (D) In the interest of continuity and efficiency of operation the Court may deviate from time to time from the above designated terms of membership. Any member who is participating in a disciplinary proceeding which is pending at the time the member's term expires shall continue to serve as a member of the Committee, with respect to such proceeding, until final disposition of that proceeding. Such a member will serve in addition to the regular members of that Committee. Members of the Committee shall not receive compensation for their services but may be reimbursed for travel and other expenses incidental to performance of their duties.

   (E) The Committee on Inquiry shall have the following powers and duties:

   (1) Review the investigations and Complaint presented to it by the Counsel for Discipline.

   (2) Dismiss the Complaint upon being satisfied it is without foundation and merit.

   (3) Issue a private reprimand if the Complaint indicates a matter not appropriate for a Formal Charge.

   (4) Make application to the Court requesting that a member be placed on disability inactive status or for an immediate temporary suspension of a member in conformity with §§ 3-311 or 3‑312.

   (F) An Inquiry regarding a Complaint filed with a Committee on Inquiry by the Counsel for Discipline shall be conducted by an Inquiry Panel composed of three members of the Committee appointed by the Chairperson of the Committee, one of whom shall be the Chairperson or a Vice Chairperson of the Committee, who shall serve as Chairperson of the Inquiry Panel. One member of each Inquiry Panel shall be a nonlawyer.

Rule 7(A)(2) amended November 23, 1994; Rule 7(A)(2) amended May 30, 1996; Rule 7(A)(2) amended November 12, 1998; Rule 7(A)(1)–(3) amended March 24, 2004. Renumbered and codified as § 3-307, effective July 18, 2008.

   (A) The Counsel for Discipline shall be appointed by the Nebraska Supreme Court and his or her appointment and tenure of office shall be on such terms and for such period as may be designated by the Court. The Counsel for Discipline shall not be permitted to engage in the private practice of law except the Court may agree to a reasonable period of transition after his or her appointment.

   (B) The Counsel for Discipline shall have the following powers and duties.

   (1) Review, investigate, or refer for investigation all matters of alleged misconduct called to his or her attention by Grievance or otherwise. The Counsel for Discipline may initiate Grievances.

   (2) Notify a member in writing that he or she is the subject of a Grievance and furnish the member a copy thereof within fifteen days of receipt of the Grievance.

   (3) Dismiss a Grievance if, in his or her judgment, it is without foundation and merit.

   (4) Refer members to Attorney Assistance Programs under appropriate circumstances.

   (5) Prepare a Complaint and file it with the appropriate Committee on Inquiry if, in his or her judgment, there is sufficient evidence to substantiate such Complaint.

   (6) Confer with any Committee on Inquiry prior to dismissal of a Grievance or preparation of a Complaint if he or she is in doubt as to the proper disposition of the matter.

   (7) Provide research services for the Advisory Committee.

   (8) Maintain records as follows:

   (a) Records of correspondence received by the Counsel for Discipline but not classified as a Grievance shall be maintained for a period of three years, after which time they may be destroyed.

   (b) Records of Grievances which have resulted in referral to Attorney Assistance Programs shall be maintained for a period of three years, after which time they may be destroyed.

   (c) Records of Grievances which have been dismissed by the Counsel for Discipline for lack of foundation and merit shall be maintained for a period of three years, after which time they may be destroyed.

   (d) Records of Grievances in which Complaints have been filed and then dismissed shall be maintained for a period of five years after final disposition of the complaint, after which time they may be destroyed.

   (e) Records of Grievances against attorneys that have resulted in a reprimand by the Committee on Inquiry or the Disciplinary Review Board or probation, a reprimand, censure, suspension, or disbarment of the attorney shall be maintained until the death of the attorney, after which time they may be destroyed.

   (9) Make a semiannual summary report to the Court of all disciplinary matters for each six-month period. Such report shall include the following information:

   (a) Number of members complained against.

   (b) The general nature of the Grievances.

   (c) The disposition or status thereof and such other matters as the Court may, from time to time, request.

   (d) A copy of the portion of the report relating to each Committee on Inquiry shall be submitted to the Chairperson of that Committee on Inquiry.

   (10) Assist the Court in any disciplinary matter then pending before the Court, if requested.

   (A) All allegations of misconduct must be filed with the office of the Counsel for Discipline. All allegations of misconduct received by any other person shall be transmitted forthwith to the Counsel for Discipline.

   (1) Upon receipt of information indicating an abuse of alcohol or drugs by a member or the existence of a mental health or gambling problem, the Counsel for Discipline shall release such information to the Nebraska Lawyers Assistance Program. The release of this information shall not be a violation of the confidentiality requirements of § 3-318.

   (2) Upon receipt of a grievance against a member arising out of conduct in a pending or closed federal case, including civil, criminal, bankruptcy, grand jury, or  federal proceeding in which the lawyer may be a witness, Counsel for Discipline shall disclose and refer such grievance to the federal judge assigned to the case for consideration of discipline under the federal attorney discipline rules. Any investigation of such grievance by Counsel for Discipline shall be held in abeyance until the federal court resolves the matter, provided, however, that if the federal court fails to resolve the grievance in a timely manner, Counsel for Discipline may take further action without regard to the referral to the federal court. Discipline by the federal court under its disciplinary rules does not preclude discipline under these rules pursuant to the Nebraska Rules of Professional Conduct. Referral under this subsection shall not be a violation of the confidentiality requirements of § 3-318.

   (B) All investigations, whether upon allegations of misconduct or otherwise, shall normally be initiated by the Counsel for Discipline.

   (C) When it appears to the Counsel for Discipline that allegations of misconduct do not have merit or that the allegations, if true, would not constitute grounds for discipline, he or she may decline to investigate and shall so advise the Complainant in writing with a proper explanation. In making a determination, the Counsel for Discipline may make such preliminary inquiry regarding the underlying facts as he or she deems appropriate. This may include requests for information from the Complainant and the member. All doubts shall be resolved in favor of an investigation. The Counsel for Discipline shall decline to investigate allegations of misconduct against current court-appointed attorneys in active criminal and juvenile cases. Such allegations and allegations of conflict of interest and ineffective assistance of counsel should be considered within the context of the underlying case. A declination by the Counsel for Discipline to investigate and dismissal pursuant to this rule are not appealable to the Committee on Inquiry or the Disciplinary Review Board.

   (D) If it appears to the Counsel for Discipline that allegations of misconduct may have merit and, if true, would constitute grounds for discipline, he or she shall notify the member against whom the allegations are directed that the member is the subject of a Grievance, and within fifteen days of its receipt furnish the member a copy thereof by certified mail, return receipt requested, at the member’s last known address.

   (E) Upon receipt of notice of a Grievance from the Counsel for Discipline, the member against whom the Grievance is directed shall prepare and submit to the Counsel for Discipline, in writing, within fifteen working days of receipt of such notice, an appropriate response to the Grievance, or a response stating that the member refuses to answer substantively and explicitly asserting constitutional or other grounds therefor. For good cause, the Counsel for Discipline may grant additional time for the filing of a response.

   (F) If, upon conclusion of any investigation, the Counsel for Discipline determines there are not reasonable grounds for discipline of a member against whom a Grievance is directed, he or she shall dismiss the Grievance and shall so advise the Complainant in writing with a proper explanation. The Counsel for Discipline shall further advise such Complainant that an appeal may be taken to the Disciplinary Review Board pursuant to § 3-314(A).

   (G) If, upon conclusion of any investigation, the Counsel for Discipline determines there are reasonable grounds for discipline of a member against whom a Grievance is made, he or she shall reduce the Grievance to a Complaint specifying with particularity the facts which constitute the basis thereof and the grounds for discipline which appear to have been violated. The Complaint shall be forwarded by the Counsel for Discipline to the member by regular mail at the member’s last known address. The member shall have ten working days from the date the Complaint is mailed to submit an additional written explanation of the facts or circumstances for inclusion in the Counsel for Discipline’s investigative file. The Complaint and either the investigation file, or a copy thereof, shall then be immediately forwarded to the proper Committee on Inquiry.

   (H) Upon receipt of the Complaint and file from the Counsel for Discipline, the Chairperson of the Committee on Inquiry shall appoint an Inquiry Panel pursuant to § 3-307(F) which shall within thirty days review the Complaint and either:

   (1) Determine that the Complaint, if true, would not constitute grounds for discipline and dismiss the Complaint.

   (2) Determine that there are not reasonable grounds for discipline of the Respondent, and dismiss the Complaint.

   (3) Determine that there are reasonable grounds for discipline of the Respondent but that no public interest would be served by the institution of a Formal Charge. The Panel thereupon shall prepare and issue to the Respondent a private reprimand which shall be made a permanent part of the file in the office of the Counsel for Discipline, and this reprimand shall be received as evidence in any subsequent disciplinary proceeding against the Respondent only after a finding of misconduct in the subsequent disciplinary proceeding.

   (4) Determine that there are reasonable grounds for discipline of the Respondent and that a public interest would be served by the filing of a Formal Charge. The Counsel for Discipline shall thereafter prepare and sign Formal Charges for filing with the Court. The Formal Charge shall be made in the name of the State of Nebraska on the relation of the Counsel for Discipline of the Nebraska Supreme Court.

   (I) The Respondent or the Counsel for Discipline may appeal the actions of the Inquiry Panel to the Disciplinary Review Board in conformity with §§ 3-306(D)(5) and (6), and 3-314(D).

Rule 9(C) and (D) amended March 13, 1998; Rule 9(A) and (B) amended February 28, 2001; Rule 9(C) amended June 25, 2008, effective July 9, 2008. Renumbered and codified as § 3-309, effective July 18, 2008; § 3-309(A)(1)-(2) amended March 16, 2011.

   (A) Proceedings for discipline of members shall be considered civil in their nature and for the purpose of protecting the public and the good name of the members, and may be instituted against any person who has been licensed to practice in the courts of the State of Nebraska.

   (B) Proceedings for discipline of members may be instituted and prosecuted in the name of the State of Nebraska on the relation of the Counsel for Discipline of the Nebraska Supreme Court without leave of court.

   (C) Proceedings shall be initiated by the Counsel for Discipline filing a Formal Charge setting forth the grounds thereof with reasonable definiteness. The Formal Charge shall be filed with the Clerk who shall then docket the cause as an original proceeding in the Court. No initial filing fee shall be charged in these actions.

   (D) Upon the filing in the Court of a Formal Charge as contemplated and provided for by these rules against any member, Counsel for Discipline shall prosecute the Formal Charge against the Respondent. If the Court is advised by Counsel for Discipline by written notice or by a motion filed by the Respondent that, for reasons specified therein, a conflict exists or Counsel for Discipline cannot otherwise carry out such duty, the Court within ten days, in its discretion, may appoint any member to prosecute the Formal Charge.

   (E) The Counsel for Discipline or any member so appointed may within thirty days, in his or her discretion, prepare and file an amended Formal Charge. Within five days after the time fixed for filing an amended Formal Charge, service shall be made upon the Respondent as provided for in § 3-310(G).

   (F) If the Counsel for Discipline or the member so appointed has in his or her possession evidence which, in his or her opinion, warrants any additional Charge or Charges, the Counsel for Discipline or the member so appointed may incorporate such additional Charge or Charges in the Formal Charge and prosecute the same, despite the fact that they may not have been presented to the Committee on Inquiry or the Disciplinary Review Board.

   (G) Service upon the Respondent may be had by serving upon him or her a copy of the Formal Charge or any amended Formal Charge and notice of the time for answer in the same manner as service of summons is had in civil proceedings in the district courts of the State, in which case it shall be proved by the official return of the officer making such service. Service shall be deemed to have been waived if the Respondent shall sign a written receipt for a copy of the Formal Charge and notice. Service may likewise be had by the mailing by the Clerk of a certified copy of said Formal Charge and notice by certified mail, return receipt requested, to the Respondent at his or her last known address; and in that event the official return card of the United States mail, signed by the Respondent, acknowledging receipt of the envelope containing the copy of said Formal Charge and notice, shall be deemed sufficient proof of service. In the event that it shall appear by affidavit that personal service cannot be had upon the Respondent and that letters to the Respondent's last known address are returned unclaimed, service may be had upon the Respondent by publication of notice for two successive weeks in some legal newspaper published in the county wherein the Respondent last resided. Such notice shall state that Formal Charge for disciplinary action has been filed in the Court against the Respondent and shall give the date of filing and the time within which Respondent is required to answer.

   (H) The answer of the Respondent shall be filed within thirty days after service of summons and a copy of the Formal Charge or within thirty days after service by publication, as herein provided, shall have been completed. For good cause shown the Court may extend the time to answer.

   (I) If no answer be filed within the time limited therefor, or if the answer raises no issue of fact or of law, the matter may be disposed of by the Court on its own motion or on a motion for judgment on the pleadings, but in either case there shall be an opportunity for oral argument prior to entry of an order of disbarment by the Court.

   (J) Upon the filing of an answer raising an issue of fact, the Court shall refer the matter to a member as referee. It shall be the duty of such referee to fix an early date for hearing, notify the relator and the Respondent or their respective attorneys of record, and without delay to hear such testimony as may be introduced under the pleadings. The referee shall have all powers of a referee in civil actions in the courts of Nebraska. The referee shall observe the rules of evidence, discovery rules, and motion practice applicable in civil actions in the district courts of the State of Nebraska. The standard of proof in hearings before the referee shall be clear and convincing. The referee shall have a competent reporter present who shall take in shorthand or by any mechanical device and transcribe in typewriting all oral evidence adduced at the hearing had before the referee. The referee may continue the hearing from time to time as circumstances may require, but shall not delay his or her proceedings unless justice and equity so require. The referee shall make a written report within four months of the referee's appointment, unless extended by order of the Court, stating his or her findings of fact and recommendations. The typewritten record of the proceedings shall have attached to it all of the exhibits offered at the hearing, and shall be certified by the referee. The referee shall promptly transmit to the Court the referee's report, together with such record so certified, and shall transmit a copy of the report to the Respondent.

   (1) When the transcription of oral evidence, exclusive of exhibits, exceeds 250 pages in length, the reporter shall prepare one or more write-protected 3½-inch computer disks containing the transcription of proceedings. Such disks shall be formatted in Microsoft Word, or, if such formatting cannot be accomplished, in ASCII text. An adhesive label shall be affixed to each disk legibly identifying the case caption, docket and page or case numbers, disk number (1 of 2, etc.), the format utilized, and the name of the reporter. The first line of the label shall be left blank. Such disk(s) shall be transmitted to the Court by the referee at the same time that the typewritten record of proceedings and any attached exhibits are filed in the Court. Such disk(s) shall be for the exclusive use of the Supreme Court and authorized court personnel. Any reporter who lacks the technological capability to comply with this requirement shall include in the transcription of oral evidence a separate certificate so stating.

   (2) In addition to the written report of the referee, he or she shall also prepare one or more write-protected 3½-inch computer disks, DVD’s, or CD’s containing the report. Such disks shall be formatted in Microsoft Word, or, if such formatting cannot be accomplished, in ASCII text. An adhesive label shall be affixed to each disk legibly identifying the case caption, docket and page or case numbers, disk number (1 of 2, etc.), the format utilized, and the name of the referee. The first line of the label shall be left blank. The referee shall transmit such disk(s) to the Court at the same time that the referee’s written report is filed in the Court. Such disk(s) shall be for the exclusive use of the Supreme Court and authorized court personnel. Any referee who lacks the technological capability to comply with this requirement shall include in the report a separate certificate so stating.

   (K) Upon the filing of an answer raising an issue of law only, the Court may, in its discretion, refer the matter to a member as referee for such action in relation thereto as the Court may by its order of reference direct.

   (L) Within ten days after the filing of the report of the referee, any party thereto may file written exceptions to such report. If no exceptions are filed, the Court, in its discretion, may consider the findings final and conclusive, and on motion shall enter such order as the evidence and law require.

   (M) If exceptions be filed to the findings or report of the referee, briefs and arguments shall be filed and oral arguments made in the Court as required by the rules of the Court in civil cases. The party filing exceptions to the findings and report of the referee shall serve and file his or her brief within thirty days after the filing of such report and the brief of the adverse party shall be served and filed within thirty days thereafter. The case shall thereupon be placed upon the Court call for hearing.

   (N) The Court may disbar, suspend, censure, or reprimand the Respondent, place him or her on probation, or take such other action as shall by the Court be deemed appropriate. All orders of public discipline shall be forwarded by the Clerk to the membership secretary of the Nebraska State Bar Association.

   (O) Any party thereto may file a motion for rehearing at any time within twenty days from the filing of the opinion or rendition of the judgment of the Court.

   (P) Costs of these actions may be taxed by the Court as the Court shall see fit.

   (Q) The Counsel for Discipline shall prosecute any case referred to him or her by the Court for prosecution.

   (R) No application for modification of judgment pursuant to § 3-304 shall be made prior to the expiration of one year after the final order in such proceedings shall have been entered except in cases where the only service upon Respondent has been by publication, and no appearance has been made by Respondent, and except where the application is made under the terms of Neb. Rev. Stat. §§ 25‑2001 to 25-2009.

   (S) No application for reinstatement from an order of suspension shall be made prior to the expiration of the period of suspension unless otherwise provided by the Court in said order.

   (T) No application for reinstatement from an order of disbarment shall be made prior to the expiration of five years after the final order in such proceedings shall have been entered.

   (U) A member seeking reinstatement must inform the Counsel for Discipline of all prior discipline taken against him or her in any jurisdiction.

   (V) Copies of every such application shall be furnished the Relator, the Counsel for Discipline, the current Chairperson of the Committee on Inquiry for the District which exercised original jurisdiction, and the Chairperson of the Disciplinary Review Board, any one or more of whom may appear and resist such application. Any other persons may likewise appear upon obtaining leave of the Court and make such resistance. Within twenty days thereafter, the Counsel for Discipline and the District Committee on Inquiry, by its Chairperson, shall each file a written statement recommending the application be granted or denied and the reasons therefor. The Court may deny such application without a hearing if justice and equity require it. If the application or the showing in resistance thereto shall require the taking of evidence, the matter may be referred to a referee and the proceedings shall be the same as in the case of original disciplinary proceedings.

Rule 10(H) amended October 30, 1996; Rule 10(D) amended September 11, 2002; Rule 10(J) amended November 14, 2002; Rule 10(B), (C), (I) and (P) amended August 27, 2003; Rule 10(J) amended August 31, 2005. Renumbered and codified as § 3-310, effective July 18, 2008.

   (A) Upon a Grievance that a member is incapacitated from continuing the practice of law by reason of physical or mental illness, or because of addiction to drugs or intoxicants, the appropriate Committee on Inquiry, with the assistance of the Counsel for Discipline, may prepare and submit to the Court an application requesting that the member be placed on disability inactive status. Such application shall be signed by the Chairperson of such Committee, and shall set forth grounds clearly indicating a temporary suspension of the member is necessary and proper.

   (B) Upon the filing of such application the Court shall provide for notice to the member who shall have the right of representation by counsel selected by the member or appointed by the Court, if it should appear to the Court the member may not be competent to do so. Notice shall be by service of the application by any means permitted with respect to service of formal charges under § 3-310(G), except that service may not be accomplished by publication.

   (C) The Court shall take or direct, consistent with fundamental fairness and due process, such action as it deems necessary and proper to determine whether the member is incapacitated from continuing the practice of law, including a direction for an examination of the member by such qualified medical experts as the Court shall designate at the cost of the member.

   (D) If, upon due consideration of the matter, the Court concludes the member is incapacitated from continuing to practice law, it shall enter an order placing the member on disability inactive status on the grounds of such disability until further order of the Court, and any pending disciplinary proceeding against the member shall be held in abeyance. Members on disability inactive status shall not be required to pay annual dues or disciplinary assessments to the Nebraska State Bar Association.

   (E) If, in the course of a proceeding under this rule, the Court shall determine the member is not incapacitated from practicing law, it shall take such action as it deems proper and advisable, including a direction for the resumption of any disciplinary proceedings being held in abeyance.

   (F) Any member on disability inactive status under the provisions of this rule shall be entitled to apply for reinstatement by filing with the Court an application supported by clear and convincing evidence the member's disability has been removed and the member is capable of resuming the practice of law. Upon such application, the Court may take or direct such actions as its deems necessary and proper to determine if the disability of such member has been removed, including a direction for an examination of the member by such qualified medical experts as the Court shall designate. The Court may direct the expense of such an examination shall be paid by the member.

   (G) The filing of an application for reinstatement by a member suspended under this rule shall be deemed to constitute a waiver of any physician-patient privilege with respect to any treatment of the member during the period of his or her disability. The member shall be required to disclose the name of every psychiatrist, psychologist, physician, and hospital or institution by whom, or in which, the member has been examined or treated since his or her placement on disability inactive status, and the member shall furnish to the Court written consent and waiver to each such person and institution to furnish such information and records as requested by court-appointed medical experts.

Rule 11(B) amended September 11, 2002; Rule 11(H) deleted September 11, 2002. Renumbered and codified as § 3-311, effective July 18, 2008.

   (A) Upon a Grievance that a member is engaging in conduct that, if allowed to continue until final disposition of disciplinary proceedings, will cause serious damage to the public and members, or upon certification or notice that a member is delinquent on or is failing to pay a court-ordered obligation under a support order, or when a member has been convicted of a serious crime, the appropriate Committee on Inquiry with the assistance of the Counsel for Discipline may prepare and submit to the Court an application for the temporary suspension of the member from the practice of law until final disposition of any pending disciplinary proceedings. Such application shall be signed by the Chairperson of the Committee and shall set forth grounds clearly indicating that a temporary suspension of the member is necessary and proper.

   (B) Upon the filing of such application for temporary suspension, the Court shall provide for notice to the member who shall have the right of representation by counsel selected by the member or appointed by the Court, if it should appear to the Court the member may not be competent to do so. Notice shall be by service of the application by any means permitted with respect to service of formal charges under § 3‑310(G).

   (C) The Court shall take or direct, consistent with fundamental fairness and due process, such action as it deems necessary and proper to determine if the member should be suspended pending the final disposition of the disciplinary proceedings.

   (D) If, upon due consideration of the matter, the Court concludes the member should be suspended pending final disposition of the disciplinary proceedings, it shall enter an order suspending the member until the further order of the Court.

   (E) Any member suspended under the provisions of this rule shall be entitled to apply for termination of the temporary suspension by filing with the Court an application supported by clear and convincing evidence that the member is no longer engaging in conduct which, if allowed to continue until final disposition of any disciplinary proceedings, would cause serious continuing damage to the public and members, and that there is no reasonable likelihood that such conduct will recur.

   (F) Any temporary suspension order issued under this rule shall automatically terminate at the final disposition of the disciplinary proceedings or upon application to and order of the Court that the reason for the temporary suspension of the member no longer exists.

Rule 12 amended September 9, 1999; Rule 12(B) amended September 11, 2002. Renumbered and codified as § 3-312, effective July 18, 2008.

   (A) At any time prior to the Clerk's entering a Formal Charge against a Respondent on the docket of the Court, the Respondent may file with the Clerk a conditional admission of a Grievance or of a Complaint in exchange for a stated form of consent judgment of discipline as to all or a part of the Grievance or Complaint pending against him or her as determined to be appropriate by the Counsel for Discipline and the appropriate Committee on Inquiry; such conditional admission is subject to approval by the Court. The conditional admission shall include a written statement that the Respondent knowingly admits or knowingly does not challenge or contest the truth of the matter or matters conditionally admitted and waives all proceedings against him or her in connection therewith. If a tendered conditional admission is not finally approved as above provided, it may not be used as evidence against the Respondent in any way.

   (B) At any time after the Clerk has entered a Formal Charge against a Respondent on the docket of the Court, the Respondent may file with the Clerk a conditional admission of the Formal Charge in exchange for a stated form of consent judgment of discipline as to all or part of the Formal Charge pending against him or her as determined to be appropriate by the Counsel for Discipline or any member appointed to prosecute on behalf of the Counsel for Discipline; such conditional admission is subject to approval by the Court. The conditional admission shall include a written statement that the Respondent knowingly admits or knowingly does not challenge or contest the truth of the matter or matters conditionally admitted and waives all proceedings against him or her in connection therewith. If a tendered conditional admission is not finally approved as above provided, it may not be used as evidence against the Respondent in any way.

   (C) No publicity will be given to any such conditional admission of a Grievance, Complaint, or Formal Charge described in § 3-313(A) and (B) until approval of the conditional admission by the Court.

Rule 13(A) - (C)  amended January 24, 2002. Renumbered and codified as § 3-313, effective July 18, 2008.

   (A) Complainant may appeal to the Disciplinary Review Board a dismissal of the Grievance by the Counsel for Discipline. Allegations of misconduct dismissed by the Counsel for Discipline pursuant to § 3-309(C) are not appealable to the Committee on Inquiry or the Disciplinary Review Board. Except on a showing of good cause, notice of appeal shall be made in writing to the Chairperson of the Disciplinary Review Board within thirty days after notification of such dismissal. Said Board may then take such action as it deems appropriate.

   (B) In cases where the Counsel for Discipline prepares a Complaint and files it with the appropriate Committee on Inquiry pursuant to § 3-309(G), the Counsel for Discipline shall notify the Complainant by mail of the findings of the Committee on Inquiry.

   (C) If the Committee on Inquiry Panel dismisses the Complaint pursuant to § 3-309(H), the Counsel for Discipline may appeal the decision to the Disciplinary Review Board. Except on a showing of good cause, notice of appeal shall be made in writing to the Chairperson of the Disciplinary Review Board within thirty days after notification of the dismissal of the Complaint by the Committee on Inquiry. In the event of an appeal, the Chairperson of the Disciplinary Review Board shall obtain from such Committee on Inquiry the Complaint, investigative file of the Counsel for Discipline, and any report prepared by the Committee.

   (D) Either the Respondent or the Counsel for Discipline may appeal to the Disciplinary Review Board a reprimand issued to the Respondent by the Committee on Inquiry upon written application filed with the Chairperson of the Disciplinary Review Board within thirty days of issuance of the reprimand. Either the Respondent or the Counsel for Discipline may appeal to the Court the action of the Disciplinary Review Board.

Rule 14(A), (C), and (D) amended Dec. 13, 1995; Rule 14(A) amended February 28, 2001. Renumbered and codified as § 3-314, effective July 18, 2008.

   (A) Once a Grievance, a Complaint, or a Formal Charge has been filed, suggested, or indicated against a member, the member may voluntarily surrender his or her license.

   (1) The voluntary surrender of license shall state in writing that the member knowingly admits or knowingly does not challenge or contest the truth of the suggested or indicated Grievance, Complaint, or Formal Charge and waives all proceedings against him or her in connection therewith.

   (2) A voluntary surrender of license shall not terminate such Grievance, Complaint, or Formal Charge unless an appropriate order is entered by the Court.

Rule 15 amended March 14, 2001. Renumbered and codified as § 3-315, effective July 18, 2008.

   (A) Whenever a member is disbarred or suspended from the practice of law or surrenders his or her license under § 3-315, such member shall:

   (1) Notify in writing all of the member's present clients of such fact, and

   (2) Assist each client in obtaining a member of the client's choice to complete all matters being handled by him or her, and

   (3) Promptly refund all client funds and close all attorney trust accounts if the imposed sanction is greater than a 30-day suspension. A trust account may remain open if, after a reasonable search, the client or clients eligible to receive funds cannot be located, and

   (4) Notify in writing all members and nonresident attorneys involved in pending legal or other matters being handled by the member of his or her altered status, and

   (5) Return to the Clerk the member's Nebraska State Bar Association membership card.

   (6) Within thirty days from the date of said disbarment, suspension, or voluntary surrender, file an affidavit with the Court, stating full compliance with the requirements of this rule and shall simultaneously submit evidence of full compliance.

   (7) Every order (judgment) of disbarment or suspension shall direct the Respondent to comply with § 3‑316.

   (8) The Clerk shall notify the Court, in writing, of the compliance or noncompliance of the Respondent with § 3-316. Noncompliance shall be contempt of court.

Rule 16 amended November 10, 2004. Renumbered and codified as § 3-316, effective July 18, 2008.

   (A) For investigative purposes, the Counsel for Discipline shall be empowered to issue writs of subpoena, including subpoena duces tecum, in the name of the State of Nebraska requiring the attendance and testimony of witnesses and parties and the production of records, books, and documents; to administer oaths to parties and witnesses; to take their sworn testimony or their unsworn statements; and to certify to the Court for appropriate action by the Court any refusal of a witness or party to comply with the requirements of a subpoena or subpoena duces tecum to testify, answer questions, or produce  records, books, or documents.

   (B) Such subpoena, including subpoena duces tecum described in this rule, may be served by certified mail, return receipt requested, by the Sheriff of any County of the State of Nebraska or by any person authorized by the Counsel for Discipline to do so.

   (C) Any Respondent shall have the right to request writs of subpoena, including subpoena duces tecum, in the name of the State of Nebraska, by a written request therefor to the Referee, prior to ten days of any hearing. The Referee, with the assistance of the Clerk, shall, immediately, issue such subpoena or subpoena duces tecum and cause the same to be served in the same manner as provided in § 3-317(B); provided the testimony and evidence to be produced as a result of said subpoena or subpoena duces tecum shall be reasonably relevant and material to the matters on hearing. With said request the Respondent shall submit the last known address of the witnesses together with the witness and mileage fees for such witnesses in the same amount as are paid for witnesses in the district courts of Nebraska.

   (D) Prior to the appointment of a Referee, the Disciplinary Review Board may quash or modify the subpoena if it is unreasonable or oppressive. The Referee, upon appointment, shall assume such authority.

Rule 17(B) amended November 12, 1997. Renumbered and codified as § 3-317, effective July 18, 2008.

   (A) The hearings, records, or proceedings of the Counsel for Discipline, the Committee on Inquiry, and the Disciplinary Review Board are confidential and shall not be made public except that the pendency, subject matter, and status of an investigation may be disclosed by the Committee on Inquiry involved or the Disciplinary Review Board if

   (1) the Respondent has waived confidentiality, either in writing or by public disclosure of information regarding the proceeding; or

   (2) the proceeding is based upon conviction of a crime.

   (B) Unless the Respondent has waived confidentiality, either in writing or by public disclosure of information regarding the proceedings, willful violation of this rule shall be grounds for discipline.

   (C) This rule is not intended to prohibit the exchange of confidential information with other agencies authorized by the Court to receive such information.

   (D) The following provisions regarding the confidentiality of various disciplinary pleadings filed in the Supreme Court shall apply:

   (E) The Counsel for Discipline may release confidential information to the Client Assistance Fund Claims Board of the Nebraska State Bar Association as needed to further the work of the Claims Board. Such information shall not be made public other than as necessary to discharge the duties of the Claims Board.

Rule 18(E) amended October 31, 2001. Renumbered and codified as § 3-318, effective July 18, 2008.

   Neither unwillingness nor neglect of the Complainant to sign a Grievance or to assist in the prosecution of the Complaint, nor settlement, compromise, or restitution, shall, in itself, justify termination of any disciplinary proceedings.

   (A) Similarity of the substance of a Grievance, Complaint, or Formal Charge to the material allegations of pending criminal or civil litigation shall not in itself prevent or delay disciplinary proceedings against the member involved in such litigation.

   (B) The acquittal of the member on criminal charges or a verdict or judgment in the member's favor in civil litigation involving material allegations similar in substance to a Grievance, Complaint, or Formal Charge shall not in and of itself justify termination of disciplinary proceedings predicated upon the same or substantially the same material allegations.

   (A) Upon being disciplined in another jurisdiction, a member shall promptly inform the Counsel for Discipline of the discipline imposed. Upon receipt by the Court of appropriate notice that a member has been disciplined in another jurisdiction, the Court may enter an order imposing the identical discipline, or greater or lesser discipline as the Court deems appropriate, or, in its discretion, suspend the member pending the imposition of final discipline in such other jurisdiction.

   (B) In the event the discipline imposed in the other jurisdiction has been stayed, the entry of an order pursuant to the provisions of § 3-321(A) shall be deferred until such stay expires.

   (A) Reports of alleged misconduct and Grievances submitted to the Counsel for Discipline, Committees on Inquiry, and the Disciplinary Review Board or testimony with respect thereto are confidential and shall be absolutely privileged and no lawsuit predicated thereon may be instituted.

   (B) The Counsel for Discipline, his or her representatives, and members of the Disciplinary Review Board, Committees on Inquiry, and Advisory Committee; the director and any members of the Nebraska Lawyer’s Assistance Program; and all others (whether or not members of the Association) whose assistance is requested by any of the foregoing in connection with the enforcement of these rules shall be immune from suit for any conduct in the course of their official duties under these rules.

   (C) The Complainant and all witnesses shall be immune from suit for any testimony given in the course of any proceedings under these rules.

   (A) Actual costs and expenses necessarily incurred by the Counsel for Discipline, his or her representatives, the Committee on Inquiry or the Disciplinary Review Board in connection with any investigations or Inquiries, as provided by these rules and incurred prior to the filing of the Formal Charge in the Court, shall be paid by the Office of the Counsel for Discipline. If a private reprimand is issued to a member, the Court may enter judgment in favor of the Office of the Counsel for Discipline, for such costs and expenses upon request of and proof by the Counsel for Discipline.

   (B) Upon request of and proof by the Counsel for Discipline, a disciplined member shall be required to reimburse the Office of the Counsel for Discipline for the actual costs and expenses necessarily incurred by the Counsel for Discipline, his or her representatives, the Committee on Inquiry, or the Disciplinary Review Board in connection with any investigations, hearings, or proceedings leading to the imposition of a sanction, if the disciplinary action is heard by the Nebraska Supreme Court. The Court may enter judgment for court costs and costs and expenses approved by the Court.

   These rules shall be cumulative and not exclusive.

   In determining eligibility to serve on any board or committee under these rules, an individual may be considered a resident of the district in which the individual either lives or maintains law offices. Provided, however, such offices must be the principal office for such individual and not merely a satellite office.

Rule 25 adopted November 23, 1994. Renumbered and codified as § 3-325, effective July 18, 2008.

   (A) For the purposes of Inquiry of a Complaint or Formal Charges filed as a result of a finding of guilt of a crime, a certified copy of a judgment of conviction constitutes conclusive evidence that the attorney committed the crime, and the sole issue in any such Inquiry should be the nature and extent of the discipline to be imposed.

   (B) A lawyer shall promptly notify the Counsel for Discipline if he or she is found guilty of a serious crime and must provide proof of that adjudication.

Rule 26 adopted September 13, 1995. Renumbered and codified as § 3-326, effective July 18, 2008.

   The amendments to these rules shall become effective on January 1, 2001. Formal Charges under review by the Disciplinary Review Board on the above-mentioned date shall be immediately forwarded and filed with the Clerk. Charges pending before the Committees on Inquiry on the above-mentioned date that have not been the subject of an Inquiry shall proceed in accordance with these rules. Appeals pending before the Committees on Inquiry on the above-mentioned date shall proceed as if under the former rules with the exception that there shall not be an additional appeal to the Disciplinary Review Board.

   In addition to any of the foregoing procedures within these rules relating to disability inactive status, disbarment, or suspension of an attorney, the following measures may be taken for the protection of client interests:

   (A) Appointment of a Trustee. If an attorney (i) has been suspended by an order of the Court placing the member on disability inactive status pursuant to § 3-311; (ii) is shown to be unable to properly discharge his or her responsibilities to clients due to disability, disappearance, death, or abandonment of a law practice and there is no showing that an arrangement has been made for another lawyer to discharge the responsibilities; or (iii) has been disbarred or suspended pursuant to §§ 3-310 or 3-312 or has surrendered his or her license under § 3-315 and there has been a failure to comply with § 3-316 client notification requirements, the Court may appoint a lawyer to serve as trustee to inventory the files, sequester client funds, and take whatever other action seems indicated to protect the interests of the clients and other affected parties.

   (1) Trustee Bound by Lawyer-Client Privilege. The trustee should be bound by the lawyer-client privilege with respect to the records of individual clients, except to the extent necessary to carry out the order of the Court.

   (2) The trustee shall notify in writing all of the present clients of the disbarred or suspended member of the fact of such disbarment or suspension and shall also notify in writing all members and nonresident attorneys involved in pending legal or other matters being handled by the disbarred or suspended member of his or her altered status.

   (3) The trustee shall receive compensation for his or her services as established by the Court and may be reimbursed for travel and other expenses incidental to the performance of his or her duties.

Rule 28 adopted September 11, 2002. Renumbered and codified as § 3-328, effective July 18, 2008.

   The Nebraska Rules of Professional Conduct are placed in the Nebraska Court Rules at Chapter 3, Attorneys and the Practice of Law, Article 5, Nebraska Rules of Professional Conduct. Section numbers have replaced the Chapter and Article numbers, but retain the 1.0 through 8.5 numbering system used in the original rule. Rule 1.0 thus becomes Neb. Ct. R. of Prof. Cond. § 3-501.0, and Rule 8.5 thus becomes § 3‑508.5. References within the rule remain unchanged so, for example, the reader may interpret a reference to Rule 2.3 and find it at Neb. Ct. R. of Prof. Cond. § 3-502.3. Main divisions and subdivisions in the original rule remain as before.

   [1] A lawyer, as a member of the legal profession, is a representative of clients, an officer of the legal system and a public citizen having special responsibility for the quality of justice.

   [2] As a representative of clients, a lawyer performs various functions. As advisor, a lawyer provides a client with an informed understanding of the client's legal rights and obligations and explains their practical implications. As advocate, a lawyer zealously asserts the client's position under the rules of the adversary system. As negotiator, a lawyer seeks a result advantageous to the client but consistent with requirements of honest dealings with others. As an evaluator, a lawyer acts by examining a client's legal affairs and reporting about them to the client or to others.

   [3] In addition to these representational functions, a lawyer may serve as a third-party neutral, a nonrepresentational role helping the parties to resolve a dispute or other matter. Some of these Rules apply directly to lawyers who are or have served as third-party neutrals. See, e.g., Rules 1.12 and 2.3. In addition, there are Rules that apply to lawyers who are not active in the practice of law or to practicing lawyers even when they are acting in a nonprofessional capacity. For example, a lawyer who commits fraud in the conduct of a business is subject to discipline for engaging in conduct involving dishonesty, fraud, deceit or misrepresentation. See Rule 8.4.

   [4] In all professional functions a lawyer should be competent, prompt and diligent. A lawyer should maintain communication with a client concerning the representation. A lawyer should keep in confidence information relating to representation of a client except so far as disclosure is required or permitted by the Rules of Professional Conduct or other law.

   [5] A lawyer's conduct should conform to the requirements of the law, both in professional service to clients and in the lawyer's business and personal affairs. A lawyer should use the law's procedures only for legitimate purposes and not to harass or intimidate others. A lawyer should demonstrate respect for the legal system and for those who serve it, including judges, other lawyers and public officials. While it is a lawyer's duty, when necessary, to challenge the rectitude of official action, it is also a lawyer's duty to uphold legal process.

   [6] As a public citizen, a lawyer should seek improvement of the law, access to the legal system, the administration of justice and the quality of service rendered by the legal profession. As a member of a learned profession, a lawyer should cultivate knowledge of the law beyond its use for clients, employ that knowledge in reform of the law and work to strengthen legal education. In addition, a lawyer should further the public's understanding of and confidence in the rule of law and the justice system because legal institutions in a constitutional democracy depend on popular participation and support to maintain their authority. A lawyer should be mindful of deficiencies in the administration of justice and of the fact that the poor, and sometimes persons who are not poor, cannot afford adequate legal assistance. Therefore, all lawyers should devote professional time and resources and use civic influence to ensure equal access to our system of justice for all those who because of economic or social barriers cannot afford or secure adequate legal counsel. A lawyer should aid the legal profession in pursuing these objectives and should help the bar regulate itself in the public interest.

   [7] Many of a lawyer's professional responsibilities are prescribed in the Rules of Professional Conduct as well as substantive and procedural law. However, a lawyer is also guided by personal conscience and the approbation of professional peers. A lawyer should strive to attain the highest level of skill, to improve the law and the legal profession and to exemplify the legal profession's ideals of public service.

   [8] A lawyer’s responsibilities as a representative of clients, an officer of the legal system and a public citizen are usually harmonious. Thus, when an opposing party is well represented, a lawyer can be a zealous advocate on behalf of a client and at the same time assume that justice is being done. So also, a lawyer can be sure that preserving client confidences ordinarily serves the public interest because people are more likely to seek legal advice, and thereby heed their legal obligations, when they know their communications will be private.

   [9] In the nature of law practice, however, conflicting responsibilities are encountered. Virtually all difficult ethical problems arise from conflict between a lawyer's responsibilities to clients, to the legal system and to the lawyer's own interest in remaining an ethical person while earning a satisfactory living. The Rules of Professional Conduct often prescribe terms for resolving such conflicts. Within the framework of these Rules, however, many difficult issues of professional discretion can arise. Such issues must be resolved through the exercise of sensitive professional and moral judgment guided by the basic principles underlying the Rules. These principles include the lawyer's obligation zealously to protect and pursue a client's legitimate interests, within the bounds of the law, while maintaining a professional, courteous and civil attitude toward all persons involved in the legal system.

   [10] The legal profession is largely self-governing. Although other professions also have been granted powers of self-government, the legal profession is unique in this respect because of the close relationship between the profession and the processes of government and law enforcement. This connection is manifested in the fact that ultimate authority over the legal profession is vested largely in the courts.

   [11] To the extent that lawyers meet the obligations of their professional calling, the occasion for government regulation is obviated. Self-regulation also helps maintain the legal profession's independence from government domination. An independent legal profession is an important force in preserving government under law, for abuse of legal authority is more readily challenged by a profession whose members are not dependent on government for the right to practice.

   [12] The legal profession's relative autonomy carries with it special responsibilities of self-government. The profession has a responsibility to assure that its regulations are conceived in the public interest and not in furtherance of parochial or self-interested concerns of the bar. Every lawyer is responsible for observance of the Rules of Professional Conduct. A lawyer should also aid in securing their observance by other lawyers. Neglect of these responsibilities compromises the independence of the profession and the public interest which it serves.

   [13] Lawyers play a vital role in the preservation of society. The fulfillment of this role requires an understanding by lawyers of their relationship to our legal system. The Rules of Professional Conduct when properly applied, serve to define that relationship.

   [14] The Rules of Professional Conduct are rules of reason. They should be interpreted with reference to the purposes of legal representation and of the law itself. Some of the Rules are imperatives, cast in the terms "shall" or "shall not." These define proper conduct for purposes of professional discipline. Others, generally cast in the term "may," are permissive and define areas under the Rules in which the lawyer has discretion to exercise professional judgment. No disciplinary action should be taken when the lawyer chooses not to act or acts within the bounds of such discretion. Other Rules define the nature of relationships between the lawyer and others. The Rules are thus partly obligatory and disciplinary and partly constitutive and descriptive in that they define a lawyer's professional role. Many of the Comments use the term "should." Comments do not add obligations to the Rules but provide guidance for practicing in compliance with the Rules.

   [15] The Rules presuppose a larger legal context shaping the lawyer's role. That context includes court rules and statutes relating to matters of licensure, laws defining specific obligations of lawyers and substantive and procedural law in general. The Comments are sometimes used to alert lawyers to their responsibilities under such other law.

   [16] Compliance with the Rules, as with all law in an open society, depends primarily upon understanding and voluntary compliance, secondarily upon reinforcement by peer and public opinion and finally, when necessary, upon enforcement through disciplinary proceedings. The Rules do not, however, exhaust the moral and ethical considerations that should inform a lawyer, for no worthwhile human activity can be completely defined by legal rules. The Rules simply provide a framework for the ethical practice of law.

   [17] Furthermore, for purposes of determining the lawyer's authority and responsibility, principles of substantive law external to these Rules determine whether a client-lawyer relationship exists. Most of the duties flowing from the client-lawyer relationship attach only after the client has requested the lawyer to render legal services and the lawyer has agreed to do so. But there are some duties, such as that of confidentiality under Rule 1.6, that attach when the lawyer agrees to consider whether a client-lawyer relationship shall be established. See Rule 1.18. Whether a client-lawyer relationship exists for any specific purpose can depend on the circumstances and may be a question of fact.

   [18] Under various legal provisions, including constitutional, statutory and common law, the responsibilities of government lawyers may include authority concerning legal matters that ordinarily reposes in the client in private client-lawyer relationships. For example, a lawyer for a government agency may have authority on behalf of the government to decide upon settlement or whether to appeal from an adverse judgment. Such authority in various respects is generally vested in the attorney general and the state's attorney in state government, and their federal counterparts, and the same may be true of other government law officers. Also, lawyers under the supervision of these officers may be authorized to represent several government agencies in intragovernmental legal controversies in circumstances where a private lawyer could not represent multiple private clients. These Rules do not abrogate any such authority.

   [19] Failure to comply with an obligation or prohibition imposed by a Rule is a basis for invoking the disciplinary process. The Rules presuppose that disciplinary assessment of a lawyer's conduct will be made on the basis of the facts and circumstances as they existed at the time of the conduct in question and in recognition of the fact that a lawyer often has to act upon uncertain or incomplete evidence of the situation. Moreover, the Rules presuppose that whether or not discipline should be imposed for a violation, and the severity of a sanction, depend on all the circumstances, such as the willfulness and seriousness of the violation, extenuating factors and whether there have been previous violations.

   [20] Violation of a Rule should not itself give rise to a cause of action against a lawyer nor should it create any presumption in such a case that a legal duty has been breached. In addition, violation of a Rule does not necessarily warrant any other nondisciplinary remedy, such as disqualification of a lawyer in pending litigation. The Rules are designed to provide guidance to lawyers and to provide a structure for regulating conduct through disciplinary agencies. They are not designed to be a basis for civil liability. Furthermore, the purpose of the Rules can be subverted when they are invoked by opposing parties as procedural weapons. The fact that a Rule is a just basis for a lawyer's self-assessment, or for sanctioning a lawyer under the administration of a disciplinary authority, does not imply that an antagonist in a collateral proceeding or transaction has standing to seek enforcement of the Rule. Nevertheless, since the Rules do establish standards of conduct by lawyers, a lawyer's violation of a Rule may be evidence of breach of the applicable standard of conduct.

   [21] The Comment accompanying each Rule explains and illustrates the meaning and purpose of the Rule. The Preamble and this note on Scope provide general orientation. The Comments are intended as guides to interpretation, but the text of each Rule is authoritative.

   [22] A lawyer's representation of a client, including representation by appointment, does not constitute an endorsement of the client's political, economic, social or moral views or activities.

   (a) "Belief" or "believes" denotes that the person involved actually supposed the fact in question to be true. A person's belief may be inferred from circumstances.

   (b) "Confirmed in writing," when used in reference to the informed consent of a person, denotes informed consent that is given in writing by the person or a writing that a lawyer promptly transmits to the person confirming an oral informed consent. See paragraph (e) for the definition of "informed consent." If it is not feasible to obtain or transmit the writing at the time the person gives informed consent, then the lawyer must obtain or transmit it within a reasonable time thereafter.

   (c) "Firm" or "law firm" denotes a lawyer or lawyers in a law partnership, professional corporation, sole proprietorship or other association authorized to practice law; or lawyers employed in a legal services organization or the legal department of a corporation or other organization.

   (d) "Fraud" or "fraudulent" denotes conduct that is fraudulent under the substantive or procedural law of the applicable jurisdiction and has a purpose to deceive.

   (e) "Informed consent" denotes the agreement by a person to a proposed course of conduct after the lawyer has communicated adequate information and explanation about the material risks of and reasonably available alternatives to the proposed course of conduct.

   (f) "Knowingly," "known" or "knows" denotes actual knowledge of the fact in question. A person's knowledge may be inferred from circumstances.

   (g) "Partner" denotes a member of a partnership, a shareholder in a law firm organized as a professional corporation or a member of an association authorized to practice law.
   (h) "Reasonable" or "reasonably" when used in relation to conduct by a lawyer denotes the conduct of a reasonably prudent and competent lawyer.

   (i) "Reasonable belief" or "reasonably believes" when used in reference to a lawyer denotes that the lawyer believes the matter in question and that the circumstances are such that the belief is reasonable.

   (j) "Reasonably should know" when used in reference to a lawyer denotes that a lawyer of reasonable prudence and competence would ascertain the matter in question.

   (k) "Screened" denotes the isolation of a lawyer or support person from any participation in a matter through the timely imposition of procedures within a firm that are reasonably adequate under the circumstances to protect information that the isolated lawyer or support person is obligated to protect under these Rules or other law.

   (l) "Substantial" when used in reference to degree or extent denotes a material matter of clear and weighty importance.

   (m) "Tribunal" denotes a court, an arbitrator in a binding arbitration proceeding or a legislative body, administrative agency or other body acting in an adjudicative capacity. A legislative body, administrative agency or other body acts in an adjudicative capacity when a neutral official, after the presentation of evidence or legal argument by a party or parties, will render a binding legal judgment directly affecting a party's interests in a particular matter.

   (n) "Writing" or "written" denotes a tangible or electronic record of a communication or representation, including handwriting, typewriting, printing, photostating, photography, audio or videorecording and e-mail. A "signed" writing includes an electronic sound, symbol or process attached to or logically associated with a writing and executed or adopted by a person with the intent to sign the writing.

   Any professional service corporation organized under this rule prior to December 1, 1999, and operating in accordance with the provisions of this rule, may continue to operate hereunder until such corporation chooses to incorporate under the Nebraska Supreme Court Rule for Limited Liability Professional Organizations provided that such professional corporation has not been suspended or dissolved by the Secretary of State, in which case the professional corporation must amend or restate its articles of incorporation to comply with the provisions of the Limited Liability Professional Organizations rule. The articles of incorporation of any professional corporation operating in accordance with this rule shall contain provisions complying with the following requirements:

   (A) The corporation shall be organized solely for the purpose of conducting the practice of law only through persons qualified to practice law in the State of Nebraska.

   (B) The corporation may exercise the powers and privileges conferred upon corporations by the law of Nebraska only in furtherance of and subject to its corporate purpose.

   (C) All shareholders of the corporation shall be persons duly licensed by the Supreme Court of the State of Nebraska to practice law in the State of Nebraska, and who at all times own their shares in their own right.

   (D) Provisions shall be made requiring any shareholder who ceases to be eligible to be a shareholder to dispose of all his or her shares forthwith either to the corporation or to any person having the qualifications described in § 3-601(C).

   (E) The president shall be a shareholder and a director, and all other directors and officers shall be persons having the qualifications described in § 3-601(C).

   (F) The articles of incorporation shall provide, and all shareholders of the corporation shall be deemed to agree by virtue of becoming shareholders or members, that all shareholders or members shall be jointly and severally liable to the extent that the assets of the corporation are insufficient to satisfy any liability incurred by the corporation for the acts, errors, and omissions of the shareholders or members and other employees of the corporation or association arising out of the performance of the professional services by the corporation or association while they are shareholders or members to the same extent as if the shareholders were practicing in the form of a general partnership.

   (G) A corporation which discontinues the practice of law may nevertheless continue in operation for an additional period of up to 2 years for the purpose of dissolving and winding up the administrative business of the firm.

Rule 1(E) amended April 24, 1996; Rule 1 amended June 16, 1999; Rule 1 amended June 28, 2000. Renumbered and codified as § 3-601, effective July 18, 2008.

   (A) A copy certified by the Secretary of State of the articles of incorporation of any corporation formed pursuant to this rule shall be filed with the Clerk of the Supreme Court of Nebraska, together with a certified copy of all amendments thereto. At the time of filing the original articles with said Clerk, the corporation shall file with said Clerk a written list of shareholders setting forth the names and addresses of each and a written list containing the names and addresses of all persons who are not shareholders who are employed by the corporation and who are authorized to practice law in Nebraska. Within ten days after any change in such shareholders or employees, a written list setting forth the information required by the preceding sentence shall be filed with said Clerk. The position in the professional corporation of each person identified in the firm name shall be stated.

   (B) The corporation shall do nothing which if done by an attorney employed by it would violate the standards of professional conduct established for such attorney by this Court. The corporation shall at all times comply with the standards of professional conduct established by this Court and the provisions of this rule. Any violation of this rule by the corporation shall be grounds for the Supreme Court to terminate or suspend its right to practice law.

   (C) Nothing in this rule shall be deemed to diminish or change the obligation of each attorney employed by the corporation to conduct his or her practice in accordance with the standards of professional conduct promulgated by this Court; any attorney who by act or omission causes the corporation to act or fail to act in a way which violates such standards of professional conduct, including any provision of this rule, shall be deemed personally responsible for such act or omission and shall be subject to discipline therefor.

   (D) Nothing in this rule shall be deemed to modify the attorney-client privilege specified by statute, and any comparable common-law privilege.

Rule 2(A) amended March 13, 1996; Rule 2(A) amended February 25, 1998. Renumbered and codified as § 3-602, effective July 18, 2008.

   Any such corporation may adopt a pension, profit-sharing (whether cash or deferred), health and accident, insurance or welfare plan for all or part of its employees including lay employees, providing that such plan does not require or result in the sharing of specific or identifiable fees with lay employees and any payments made to lay employees or into any such plan in behalf of lay employees are based upon the lay employees' compensation or length of service or both rather than the amount of fees or income received.

   Except as provided by this rule, corporations shall not practice law.

   This rule shall not apply to organizations offering prepaid legal services to a defined and limited class of clients; to nonprofit charitable or benevolent organizations organized and operating primarily for a purpose other than the provision of legal services and which furnish legal services as an incidental activity in furtherance of their primary purpose; or to nonprofit organizations which have as their primary purpose the furnishing of legal services to indigent persons; provided that (1) the legal work serves the intended beneficiaries of the organizational purpose, (2) the staff attorney responsible for the matter signs all papers prepared by the organization, and (3) the relationship between the staff attorney and client meets the attorney's professional responsibilities to the client and is not subject to interference, control, or direction by the organization's board or employees except for a supervising attorney licensed to practice law in Nebraska.

Rule 4 amended December 24, 1997; Rule 4 amended July 13, 2005, effective September 1, 2005. Renumbered and codified as § 3-604, effective July 18, 2008.

   The purpose of this rule is to provide senior law students with supervised practical training in the practice of law during the period of their formal legal education.

   An eligible law student may engage in the following activities:

   (A) Appear and participate in:

   (1) Trials in civil matters in Workers' Compensation Court, county courts, and district courts in this State when acting under the general supervision of an attorney duly admitted to practice in Nebraska. Any such appearance in Workers' Compensation Court, county courts, and district courts must be in the personal presence of the supervising attorney, except that the county court judge, may waive the requirement of personal presence of a supervising attorney in specific cases for an eligible law student who has previously participated in a trial in that court in the personal presence of the supervising attorney. For the purposes of this rule, proceedings to enforce a penalty for violation of a municipal ordinance shall be deemed criminal in nature.

   (2) Criminal matters in all courts when acting under the general supervision of an attorney duly admitted to practice in Nebraska who is defending any case in these courts. Such appearance must be in the personal presence of the supervising attorney.

   (3) Criminal matters in all courts when acting as an assistant to a county attorney, deputy county attorney, or other prosecuting official duly admitted to practice in Nebraska. Such appearance must be in the personal presence of the supervising attorney.

   (4) Postconviction and habeas corpus matters in all courts when acting under the general supervision and in the personal presence of a lawyer admitted to practice in Nebraska who is prosecuting or defending such a case.

   (5) Juvenile matters when acting under the general supervision of an attorney duly admitted to practice in Nebraska who is prosecuting or defending such case. Any such appearance must be in the personal presence of the supervising attorney.

   (B) Hold consultations and prepare pleadings, briefs, and other documents to be filed in any matter in which the student is eligible to appear, when acting under the general supervision of an attorney duly admitted to practice in Nebraska. Such pleadings, briefs, and other documents must be signed by the supervising attorney but may also set forth the name of the eligible law student who has participated in preparation of the document(s).

   (C) Prepare briefs and other documents to be filed in the Nebraska Court of Appeals and the Supreme Court of Nebraska, but such briefs or other documents must be prepared under the general supervision of and signed by an attorney duly admitted to practice in Nebraska. Each such instrument may set forth the name of the eligible law student who has participated in preparation of the document(s).

   (D) Participate in oral argument in the Nebraska Court of Appeals and the Supreme Court of Nebraska, but only in the personal presence of an attorney of record in the case and only with the prior approval of the Court.

   (E) Hold consultations with clients, advise clients on legal matters, and prepare any documents related to such consultations and legal advice.

Rule 2(C) and (D) amended November 22, 2000. Renumbered and codified as § 3-702, effective July 18, 2008. § 3-702(E) amended September 13, 2012.

   To become eligible to participate in legal activities pursuant to this rule, a law student must:

   (A) Be duly enrolled in a law school approved by the American Bar Association. A law student will be considered duly enrolled during the period of his law school's next summer vacation period following completion of the requirements of § 3-703(B).

   (B) Have completed legal studies sufficient to have attained senior standing at his or her law school.

   (C) Be certified by the dean of his or her law school as being of good character and competent legal ability, and as being adequately trained to perform as a legal intern under the general supervision of the attorney or attorneys designated by name.

   (D) To the extent the student is appearing before a court, be introduced to the court in which he or she is appearing by an attorney duly admitted to practice in that court.

   (E) To the extent the student is appearing before a court, receive the affirmative consent of the court in which he or she is appearing to appear before it.

   (F) Not ask for or receive any compensation or remuneration of any kind for his or her services directly from the client on whose behalf he or she renders services. This provision is not intended to preclude the supervising attorney from compensating the eligible law student nor to prevent the supervising attorney from receiving a fee from the client for the services performed in compliance with the otherwise applicable rules of proper professional conduct.

Rule 3(B) amended May 20, 1992; Rule 3(A) amended July 31, 1992. Renumbered and codified as § 3-703, effective July 18, 2008. §§ 3-703(D)-(F) amended September 13, 2012.

   The lawyer under whose supervision an eligible law student engages in any of the activities permitted by this rule shall:

   (A) Be duly admitted to practice law in Nebraska.

   (B) Assume personal professional responsibility to the client for the services performed by the law student.

   (C) Secure the prior written consent of the client for the services actually to be performed in court by the law student.

   (D) Assume personal professional responsibility for the student's guidance in any work undertaken and for supervising the quality of the student's work.

   (E) Assist the student in his or her preparation to the extent the supervising lawyer considers it necessary.

   The certification of a student by the law school dean:

   (A) Shall be filed with the Clerk of this Court and, unless it is sooner withdrawn, shall terminate if the student does not take the first bar examination following his or her graduation, or if the student takes such bar examination and fails it, or if he or she is admitted to full practice before this court.

   (B) May be withdrawn by the dean at any time by mailing a notice thereof to the Clerk of this Court. It is not necessary that the notice state the cause for withdrawal.

   (C) May be terminated by this Court at any time without prior notice and without any showing of cause.

Rule 5(A) amended September 25, 2002.  Renumbered and codified as § 3-705, effective July 18, 2008.

   Nothing contained in this rule shall affect the right of any person who is not admitted to practice law in Nebraska to do anything that he or she might lawfully do prior to the adoption of this rule.

   The name of this Association shall be NEBRASKA STATE BAR ASSOCIATION.

   (A) Purpose. The purposes of this Association are to improve the administration of justice; to foster and maintain high standards of conduct, integrity, confidence, and public service on the part of those engaged in the practice of law; to safeguard and promote the proper professional interests of the members of the Bar; to provide improvements in the education and qualifications required for admission to the Bar, the study of the science of jurisprudence and law reform, and the continuing legal education of the members of the Bar; to improve the relations of the Bar with the public; to carry on a continuing program of legal research; and to encourage cordial relations among the members of the Bar. All of these purposes are to the end that the public responsibilities of the legal profession may be more effectively discharged.

   (B) Government. The supreme authority of this Association shall be vested in the membership thereof through the exercise of the power of Initiative and Referendum in such manner as may be prescribed in the bylaws. Subject thereto, the control over the business and affairs of this Association shall be vested in a House of Delegates, as provided in § 3-805. Subject to the overall control of the House of Delegates, the Executive Council shall function as the administrative and executive organ of the Association as provided in § 3-806. The officers of the Association, as hereinafter enumerated, shall have the prerogatives, responsibilities, and qualifications and shall perform the duties of the respective offices, all as provided in § 3-804.

   (A) Requirements. All persons who, on the date that these rules go into effect, are admitted to the practice of law in this State, by order of the Nebraska Supreme Court, shall constitute the members of this Association, subject to due compliance with the requirements for membership hereinafter set forth.

   (B) Classes. Members of this Association shall be divided into four classes, namely: Active members, Inactive members, Law Student members, and Emeritus members.

   (1) All members who are licensed to engage in the active practice of law in the State of Nebraska, who do not qualify for and apply for Inactive membership status, and who are not Law Student members, shall be Active members.

   (2) Any member who is not actively engaged in the practice of law in the State of Nebraska, or who is a nonresident of the State of Nebraska and not actively engaged in the practice of law in Nebraska, and who is not an Emeritus member, may, if he or she so elects, be placed in Inactive membership status.

A member desiring to be placed in Inactive membership status shall file written application therefor with the Secretary and, if otherwise qualified, shall be placed in such inactive status classification. No Inactive members shall practice law in Nebraska, or vote or hold office in this Association. Any Inactive member may, on filing application with the Secretary and upon payment of the required dues, and compliance with such requirements as may be imposed by the Supreme Court to show fitness to engage in the active practice of law in this State, become an Active member.

   (3) Any member who attained the age of 75 years of age during the dues year being billed or has been actively engaged in the practice of law in the State of Nebraska for 50 years or more during the dues year being billed may, if he or she so elects, be placed in an Emeritus membership status. A member desiring to be placed in an Emeritus membership status shall file written application therefor with the Secretary and, if otherwise qualified, shall be placed in the Emeritus status classification. A member electing Emeritus classification shall not be required to pay membership dues to this Association. No Emeritus member shall practice law in Nebraska, or vote or hold office in this Association. Any Emeritus member may, on filing application with the Secretary and upon payment of the required dues and compliance with the requirements as may be imposed by the Supreme Court to show fitness to engage in the active practice of law in this State, become an Active member.

   (4) Except for the right reserved by law to litigants to prosecute or defend a cause in person, or as provided elsewhere in these rules, no person other than an Active member of this Association shall engage in the practice of law in this State, or in any manner hold himself or herself out as authorized or qualified to practice law in this State. Any court in this State may, on motion and upon such person taking the oath required by Neb. Rev. Stat. § 7-104, allow a member of the Bar of any other state or jurisdiction, in good standing therein, to appear and participate in any particular action or proceeding then pending before such court (for purpose of such business only), upon it further being made to appear to the court, by written showing filed therein, that such person has associated with and is appearing in such action with an Active member of this Association upon whom service may be made in all matters connected with said action, with same effect as if personally made on such foreign attorney in this State; provided, regularly licensed practicing attorneys of other states, the laws of which permit practice in their courts of attorneys from this State, without a local attorney being associated with such attorneys, shall not be required to have an Active member of this Association associated with them in such action. (See Neb. Rev. Stat. § 7‑103.)

   (5) Nothing in these rules shall be construed to bar any Active member from the practice of law pursuant to the provisions of any rules of the Supreme Court authorizing the practice of law by a professional service corporation or a limited liability organization, subject to the limitations provided by such rules.

   (6) In order to make information available to the public about the financial responsibility of each active member of this Association for professional liability claims, each such member shall, upon admission to the Bar, and with each application for renewal thereof, submit the certification required by this rule. For purposes of this rule, professional liability insurance means:

   (a) The insurance shall insure the member against liability imposed upon the member arising out of a professional act, error, or omission in the practice of law.

   (b) Such insurance shall insure the member against liability imposed upon the member by law for damages arising out of the professional acts, errors, and omissions of all nonprofessional employees employed by the member.

   (c) The policy may contain reasonable provisions with respect to policy periods, territory, claims, conditions, exclusions, and other matters.

   (d) The policy may provide for a deductible or self-insured retained amount and may provide for the payment of defense or other costs out of the stated limits of the policy.

   (e) A professional act, error, or omission is considered to be covered by professional liability insurance for the purpose of this rule if the policy includes such act, error, or omission as a covered activity, regardless of whether claims previously made against the policy have exhausted the aggregate top limit for the applicable time period or whether the individual claimed amount or ultimate liability exceeds either the per claim or aggregate top limit.

   Each active member shall certify to this Association on or before January 1 of each year: 1) whether or not such member is currently covered by professional liability insurance, other than an extended reporting endorsement; 2) whether or not such member is engaged in the private practice of law involving representation of clients drawn from the public; 3) whether or not such member is a partner, shareholder, or member in a domestic professional organization as defined by the rule governing Limited Liability Professional Organizations, and 4) whether or not the active member is exempt from the provisions of this rule because he or she is engaged in the practice of law as a full-time government attorney or in-house counsel and does not represent clients outside that capacity.

   The foregoing shall be certified by each active member of this Association in such form as may be prescribed by this Association and shall be made available to the public by such means as may be designated by the House of Delegates. Failure to comply with this rule shall result in suspension from the active practice of law until such certification is received. An untruthful certification shall subject the member to appropriate disciplinary action. All members shall notify the Secretary in writing within 30 days if 1) professional liability insurance providing coverage to the member has lapsed or is not in effect, or 2) the member acquires professional liability coverage as defined by this rule.

   All certifications not received by April 1 of the current calendar year shall be considered delinquent. The Secretary shall send written notice, by certified mail, to each member then delinquent in the reporting of professional liability insurance status, which notice shall be addressed to such member at his or her last reported address, and shall notify such member of such delinquency. All members who shall fail to provide the certification within 30 days thereafter shall be reported to the Supreme Court by the Secretary, and the Supreme Court shall enter an order to show cause why such member shall not be suspended from membership in this Association. The Supreme Court shall enter such an order as it may deem appropriate. If an order of suspension shall be entered, such party shall not practice law until restored to good standing.

   This rule shall not affect this Association, its rules, procedures, structure, or operation in any way; nor shall the adoption of this rule make this Association, its officers, directors, representatives, or membership liable in any way to any person who has suffered loss by error or omission of a lawyer. This rule is adopted solely for the purposes stated herein and not for the purpose of making this Association, its officers, directors, representatives, or membership insurers or guarantors for clients with respect to the lawyer-client relationship.

   This rule does not create a claim against this Association for failure to provide accurate information or a report on the insured status of any lawyer, or for implementation of any provision of these rules.

   (C) Registration. All members not already registered with the Secretary of this Association shall, within 60 days after being admitted to the practice of law by the Supreme Court of this State, register with the Secretary of this Association by setting forth the member's full name, business address, and signature. All members shall promptly notify the Secretary, in writing, of any change in such address.

   (D) Dues.

   (1) Payment of Dues. Each member shall pay membership dues to this Association for each calendar year from January 1 to December 31 following, payable in advance on or before January 1 of each year, in such amount as may be fixed by the Supreme Court. All dues shall be paid to the Treasurer of this Association and shall constitute the funds for furthering the purposes of this Association. Different classifications of dues may be established for Active, Inactive, and Law Student members and for those members who have been admitted to the Bar of any State or other jurisdiction for a period of less than 5 years and for those members who are serving in the Armed Forces of the United States, while so serving. Members newly admitted to this Association shall receive a complimentary membership for the remainder of the current calendar year. Annual membership dues beginning calendar year 2009 shall be as follows:

   Effective January 1, 1999, and each year thereafter, a late fee of $25 shall be assessed each Active or Inactive member whose dues are received after January 1, a late fee of $50 shall be assessed on dues received on or after February 1, and a late fee of $75 shall be assessed on dues received on or after March 1.

   (2) Lobbying and Related Activities.

   (a) This Association may use dues to analyze and disseminate to its members information on proposed or pending legislative proposals.

   (b) All lobbying activities shall be subject to the following restrictions: The annual dues notice shall offer the members of the Bar an opportunity to direct that the stated amount of their dues intended for lobbying activities be placed instead in a restricted account. Funds from this account shall be budgeted by the Executive Council for activities which will promote the administration of justice or improvements of the legal system. The established budget for lobbying activities shall be reduced by the amount that is directed to the restricted account.

   (E) Delinquency and Reinstatement. All dues and assessments not paid by April 1 of the current calendar year shall be considered delinquent; and the Secretary shall send written notice, by certified mail, to each member then delinquent in the payment of his or her dues and assessments, which notice shall be addressed to such member at his or her last reported address, and shall notify such member of such delinquency. All members who shall fail to pay delinquent dues and assessments within 30 days thereafter shall be reported to the Supreme Court by the Secretary, and the Supreme Court shall enter an order to show cause why such member shall not be suspended from membership in this Association. The Supreme Court shall, after hearing thereon, enter such an order as it may deem appropriate. If an order of suspension shall be entered, such party shall not practice law until restored to good standing. Whenever a member suspended for nonpayment of dues and/or assessments shall make payment of all arrears, and shall satisfy the Supreme Court of his or her qualification to then return to the active practice of law, such member shall be entitled to reinstatement upon request. The Secretary shall keep a complete record of all suspensions and reinstatements. No person, while his or her membership is suspended, shall be entitled to exercise or receive any of the privileges of membership in this Association.

   (F) Suspension or Disbarment. Any member who shall be suspended or disbarred from the practice of law by the Supreme Court shall, during the period of such suspension or disbarment, be likewise suspended or barred from membership in this Association. On reinstatement to practice by the Supreme Court, such party shall, on written request and upon payment of the requisite fees and/or assessments, be restored to membership in this Association.

   (G) Fees. Nothing herein contained shall be construed to limit the power of this Association, or of any of its sections or committees, to assess registration fees or attendance fees for meetings, institutes, or continuing legal education sessions as may be approved or determined from time to time by the House of Delegates or the Executive Council.

   (H) Resignation. Any member may resign either active or inactive membership in this Association by tendering his or her written resignation to the Clerk of the Supreme Court of Nebraska on a form to be provided. This form shall include an affidavit to be completed by the member seeking to resign, stating that the member has not been suspended or disbarred in any other state or by any court; that the member has not voluntarily surrendered his or her license to practice law in any other state or to any court in connection with any investigation or disciplinary proceeding against the member; that to the member's knowledge he or she is not then under investigation, nor has a complaint or charges pending against him or her with reference to any alleged violation of professional responsibilities as a lawyer; and that the member agrees to be subject to the jurisdiction of the Supreme Court for a period of 3 years from the date his or her resignation is accepted for the purpose of disciplinary proceedings for any alleged violation of his or her professional responsibilities as a lawyer. During this 3-year period, the acceptance of his or her resignation may be set aside by the Supreme Court upon application filed in the Supreme Court by the Counsel for Discipline. If the affidavit is completed, the Supreme Court may accept the resignation, provided the resigning member's dues are not delinquent, or may accept it upon payment of any delinquent dues, unless the member seeking to resign has been suspended for the nonpayment of dues as provided for in § 3-803(E), in which event the submitted resignation shall not be acted upon until the member seeking resignation has been reinstated as provided for in said section. In the event the affidavit is not fully completed, or any exception is taken to it, the tendered resignation shall be rejected. The Clerk shall keep a complete record of all requests for resignation and all resignations and shall report to the Secretary the names and addresses of members whose resignations have been accepted by the Supreme Court.

   (I) Reinstatement Following Resignation. Whenever a former member of this Association who resigned is readmitted to the practice of law in Nebraska by the Supreme Court, the member shall pay dues for the year in which he or she is readmitted and be reinstated as a member of this Association.

Rule 3(B)(3) - (6),amended March 19, 2003, effective November 1, 2003; Rule 3(D)(1) amended February 25, 1998; Rule 3(D)(1) amended October 9, 1998; Rule 3(D)(1) amended July 27, 2000; Rule 3(D)(1) amended March 19, 2003, effective November 1, 2003; Rule 3(H) amended March 19, 2003, effective November 1, 2003. Renumbered and codified as § 3-803, effective July 18, 2008. § 3-803(D)(1) amended September 11, 2008.

   (A) Titles. The officers of this Association shall consist of the following:

   (1) President,

   (2) President-Elect,

   (3) Chair of the House of Delegates,

   (4) Chair-Elect of the House of Delegates,

   (5) Secretary,

   (6) Treasurer,

   (7) Executive Director, and

   (8) Such other officer or officers as may be designated by the bylaws.

   (B) Eligibility. Any Active member in good standing shall be eligible to hold any office for which he or she is elected or appointed in this Association. An appointive officer need not be a member of this Association.

   (C) Nomination and Election. The following officers shall be nominated and elected in the manner provided by the bylaws:

   (1) President, by succession to that office by the President-Elect;

   (2) President-Elect;

   (3) Chair of the House of Delegates, by succession to that office by Chair-Elect of the House of Delegates;

   (4) Chair-Elect of the House of Delegates; and

   (5) Any other officer hereafter provided by the rules or the bylaws of the Association.

   (D) Appointive Officers. The following officers shall be appointed by the Executive Council: Secretary, Treasurer, Executive Director, and any other officer provided for by the bylaws of this Association other than those required to be elected under the preceding section hereof.

   (E) Combining of Offices. The offices of Secretary, Treasurer, Executive Director, and any other appointive offices provided for in the bylaws may be combined, in any combination, by the Executive Council.

   (F) Removal of Appointive Officers. Any appointive officer may be removed from office at any time by the Executive Council.

   (G) Duties and Powers.

   (1) The President shall be the Chief Executive Officer of this Association, shall preside at all meetings of this Association and of the Executive Council and shall perform the duties usually pertaining to that office, shall appoint the members and chairs of all committees, and shall perform such other duties and responsibilities as may be provided by the bylaws.

   (2) The President-Elect shall perform such duties as are assigned to him or her by the President, shall have and perform the duties and responsibilities of the President in case of the absence or incapacity of the President, and shall perform such other duties and responsibilities as may be provided by the bylaws.

   (3) The Chair of the House of Delegates shall preside at all meetings of the House of Delegates, shall be the Executive Officer thereof, and shall perform such other duties and responsibilities as may be specifically determined by the House of Delegates or as may be provided by the bylaws.

   (4) The Chair-Elect of the House of Delegates shall have the duties and responsibilities of the Chair in the absence or incapacity of the Chair and shall perform such other duties and responsibilities as may be specifically determined by the House of Delegates or as may be provided by the bylaws.

   (5) The Secretary shall be the custodian of the records and archives of this Association; shall maintain the membership and all other records of this Association; shall report the minutes of all meetings of this Association, the Executive Council, and the House of Delegates; and shall perform such other duties and responsibilities as may be provided by the bylaws and these rules.

   (6) The Treasurer shall be the custodian of and shall supervise the collection and disbursement of all funds and properties of this Association, shall disburse the funds of this Association as provided in § 3‑809, and shall have such other duties and responsibilities as may be provided by the bylaws and these rules.

   (7) The Executive Director shall have such responsibilities and perform such duties as shall be delegated to him or her by the Executive Council and the House of Delegates and shall perform such other duties and responsibilities as may be provided by the bylaws.

   (8) The death, resignation, incapacity to act, or other termination or suspension of active membership in this Association of any officer as may be determined by any procedure provided therefor by the bylaws shall create an immediate vacancy in the office of any such officer of this Association.

   (9) A vacancy occurring in an elective office of this Association shall be filled as follows: The President-Elect shall assume the office of the President if such office becomes vacant. The Chair of the House of Delegates shall assume the office of President if both the offices of President and President-Elect are vacant. The Chair-Elect of the House of Delegates shall assume the office of Chair of the House if such office becomes vacant or if the Chair of the House of Delegates has assumed the office of President. A vacancy in the office of Chair-Elect of the House of Delegates shall be filled by special election to be conducted by the House of Delegates. If a President-Elect Designate shall have been designated, he or she shall assume the office of President-Elect if it becomes vacant and a new President-Elect Designate shall be nominated and elected as soon as practical in the manner provided in § 3‑804(H)(2).

   (10) Any officer succeeding to the office of President through the filling of a vacancy occurring therein shall serve until the end of the second Annual Meeting following such succession. Any officer filling a vacancy in the office of the Chair of the House of Delegates or Chair-Elect of the House of Delegates shall have such term of office as may be provided by the bylaws.

   (11) In the event of a vacancy in any appointive office, such vacancy shall be promptly filled by the Executive Council.

   (H) Term of Office.

   (1) The President and President-Elect shall hold office beginning with the close of this Association's Annual Meeting and shall serve until the close of the next succeeding Annual Meeting subject to the provisions for holding-over in the event of the filling of a vacancy therein as hereinbefore set forth. The Chair of the House of Delegates and the Chair-Elect of the House of Delegates shall hold office for such term or terms as may be provided in the bylaws. Members of the Executive Council shall hold office for the terms provided in § 3-806. All other officers shall hold office for the terms specified by the appointing authorities or as may be fixed by the bylaws.

   (2) At least 90 days prior to this Association's Annual Meeting, the District members of the Executive Council, by a majority vote thereof, shall make nomination for the office of President-Elect of this Association for the following year. Such nomination shall be filed with the Secretary of this Association, who shall within 10 days thereafter mail notice of such nomination to the Active members of this Association setting forth the time and place fixed for the filing of additional nominations. Such notice shall further advise that additional nominations may be made by written petition. Within 30 days after the mailing of such notice, any 25 or more Active members of this Association may make additional nominations by signing a nominating petition which shall, in each instance, be accompanied by the nominee's written consent to serve if elected. In the event the Secretary shall receive such additional nominations, the time, manner, and method of conducting an election and canvassing the same shall be provided by the bylaws. The nominee so elected or, if no nominations shall be made, other than by the Executive Council, the nominee of the Executive Council shall be President-Elect Designate.

   (3) The nomination and election of the Chair-Elect of the House of Delegates shall be made by the House of Delegates in such manner as such House may provide.

   (4) Provisions shall be made by the bylaws for the method of conducting and canvassing the election for any elective office in this Association in any case where there is more than one nominee for such office.

Rule 4(H)(2) amended March 19, 2003, effective November 1, 2003. Renumbered and codified as § 3-804, effective July 18, 2008.

   (A) Duties and Powers. The House of Delegates shall be the governing body of this Association; shall exercise overall jurisdiction over the affairs of this Association; shall determine and implement the policies and objectives of this Association; shall, consistent with these rules and the purposes of this Association, prepare, adopt, and amend bylaws for the government and operation of this Association, including the provisions for an annual meeting of this Association; and shall perform such other functions as are provided by these rules and the bylaws.

   (B) Membership. The elective members of the House of Delegates shall consist of representatives elected from among the Active members of this Association residing in each of the Districts set forth below in this rule on the basis of one delegate for each 60 Active members of this Association, or major fraction thereof (50 percent or greater) residing in such District; provided, however, that each such District shall have at least one such elective delegate. For purposes of this section, the Districts are as follows, and each district is composed of the counties indicated:

District 1:         Johnson, Nemaha, Pawnee, and Richardson;

District 2:         Cass, Otoe, and Sarpy;

District 3:         Lancaster;

District 4:         Douglas;

District 5:         Butler, Hamilton, Polk, Saunders, Seward, and York;

District 6:         Burt, Dodge, and Washington;

District 7:         Fillmore, Nuckolls, Saline, and Thayer;

District 8:         Cedar, Dakota, Dixon, and Thurston;

District 9:         Antelope, Cuming, Knox, Madison, Pierce, Stanton, and Wayne;

District 10:       Adams, Clay, Franklin, Harlan, Kearney, Phelps, and Webster;

District 11:       Hall and Howard;

District 12:       Buffalo and Sherman;

District 13:       Arthur, Dawson, Hooker, Keith, Lincoln, Logan, McPherson, and Thomas;

District 14:       Chase, Dundy, Frontier, Furnas, Gosper, Hayes, Hitchcock, Perkins, and Red Willow;

District 15:       Boyd, Brown, Cherry, Holt, Keya Paha, and Rock;

District 16:       Box Butte, Dawes, Grant, Sheridan, and Sioux;

District 17:       Garden, Morrill, and Scotts Bluff;

District 18:       Gage and Jefferson;

District 19:       Banner, Cheyenne, Deuel, and Kimball;

District 20:       Blaine, Custer, Garfield, Greeley, Loup, Valley, and Wheeler; and

District 21:       Boone, Colfax, Merrick, Nance, and Platte.

   (C) Nomination and Election. The elective members of the House of Delegates in each District shall be nominated and elected by the Active members of this Association residing in such District, and the bylaws shall provide the procedure for nominating and electing such members of the House, including provisions for out-of-state Active members to qualify as members for voting purposes within one of the Districts.

   (D) Term of Office. Each elective member of the House of Delegates shall hold office for a term of 4 years and until his or her successor is elected and qualified. Elections shall be held in odd-numbered districts in the year 1971 and every 4 years thereafter, and in even-numbered districts in the year 1973 and every 4 years thereafter. Newly elected members shall take office at the conclusion of the Annual Meeting of this Association following their election.

   (E) Vacancies. Any vacancy in the office of any elected delegate shall be filled, for the unexpired term thereof, by vote of the remaining members of the House of Delegates at its next annual or semiannual meeting.

   (F) Voting. Only elected members of the House of Delegates shall be entitled to vote upon any matter submitted to such House of Delegates, provided any member appointed to fill a vacancy in the office of an elected member shall be qualified to vote while serving out such term.

   (G) Officers. The officers of the House of Delegates shall be the Chair, the Chair-Elect, and the Secretary, whose nomination, election, term of office, and duties shall be provided in these rules and the bylaws. Unless the House of Delegates provides otherwise, the Secretary of this Association shall serve as the Secretary of the House of Delegates.

   (H) Personnel and Publications. The House of Delegates shall have the power and the duty to fully administer this Article, including the power to employ necessary personnel and to establish the policies of this Association relating to official publications thereof.

   (I) Referendum. A referendum of the membership of this Association on any action taken by the House of Delegates shall be conducted whenever the House of Delegates, by a vote of one-third of the elected members thereof, shall so direct by resolution, or whenever a petition signed by 10 percent of the Active members of this Association residing in each of three-fourths of the Districts shall be filed with the Secretary. The Secretary shall conduct such referendum under such rules as shall be prescribed by the bylaws.

   (J) Ex Officio Members. The House of Delegates in the bylaws may provide for nonvoting ex officio members of the House of Delegates and may determine what members of this Association may speak and exercise the privileges of the floor other than the privilege of voting. Meetings of the House of Delegates shall be open to all Active members of this Association.

   (K) ABA Delegates. The House of Delegates shall elect the delegates of this Association to the American Bar Association as may be provided and authorized in the bylaws of the American Bar Association.

Rule 5(A) amended March 19, 2003, effective November 1, 2003. Renumbered and codified as § 3-805, effective July 18, 2008.

   (A) Duties and Powers. The Executive Council shall function as the administrative and executive organ of this Association and shall carry out and implement the duties and responsibilities delegated to it by these rules, the bylaws, and the House of Delegates. In the absence of other nominating petitions, the Executive Council shall nominate candidates for the offices of elective members of the House of Delegates and for the District members of the Executive Council.

   (B) Membership. The Executive Council shall consist of the President, President-Elect, President-Elect Designate, Chair, Chair-Elect of the House of Delegates, and six elected District members. The immediate Past President of this Association shall also serve as a member of the Executive Council for the year following the expiration of his or her term of office as President.

   (C) District Representatives. There shall be one District member of the Executive Council elected from each of the six Supreme Court Judicial Districts as such districts are now numbered and constituted or as they may hereafter be constituted. Each District member shall be an Active member of this Association who resides in the district which he or she represents and shall be elected by the Active members of this Association residing within such district and out-of-state Active members who qualify as members of the District for voting purposes as provided in the bylaws.

   (D) Nomination and Election. The bylaws shall provide for the nomination of District members by petition of Active members of the district and for the election of District members by secret mail ballot.

   (E) Term of Office. The term of office of District members shall be 4 years, commencing at the close of the Annual Meeting following election, and no District member shall serve consecutive terms. The terms of District members shall be staggered so that there shall be one member elected in each year. Elections shall be held in the following order: Supreme Court Districts 3, 6, 4, 1, 2, and 5. In case of a vacancy in office of any District member, the remaining members of the Executive Council shall have the power to fill such vacancy by appointment to serve until the next regular election.

   (F) Voting. Only District members shall vote on nominations for Association office to be made by the Executive Council; the Executive Council shall not nominate any one of its current District members for any elective office in this Association. The District members of the Executive Council shall appoint an Active member to fill any vacancy in the office of Delegate to the House of Delegates of the American Bar Association in the event of a vacancy in such office.

Rule 6(D) - (F) amended March 19, 2003, effective November 1, 2003. Renumbered and codified as § 3-806, effective July 18, 2008.

   (A) Budget and Planning Committee. There shall be a Budget and Planning Committee of this Association, consisting of not more than 13 members, who shall be appointed and whose terms shall be set in accordance with the bylaws, which committee shall perform the functions assigned to it in § 3-809.

   (B) Other Committees. Other committees of this Association may be created or abolished from time to time and shall have such jurisdiction and be elected or appointed in such manner with such tenure as fixed by the bylaws. Nonmembers, including laypersons, who by reason of their backgrounds or expertise can contribute toward the work of committees may be appointed by committee chairs to serve on committees as nonvoting committee members.

   (C) Sections. Sections of this Association may be created or abolished from time to time by the House of Delegates in such manner and with such functions as may be provided by the bylaws.

Rule 7(A) and (B) amended March 19, 2003, effective November 1, 2003. Renumbered and codified as § 3-807, effective July 18, 2008.

   (A) Annual Meeting. This Association shall have one regular meeting annually at a time and place to be fixed by the Executive Council. Each member of this Association shall be notified thereof by the Secretary by mail.

   (B) House of Delegates. The House of Delegates shall meet during the Annual Meeting and may be recessed from time to time throughout the Annual Meeting. The House of Delegates shall also hold a meeting in April, May, or June of each year at a time and place to be fixed by the House of Delegates. The President, Chair of the House of Delegates, or any 10 members of the House of Delegates may call a special session of the House of Delegates upon giving 10 days' written notice of the time, place, and purpose thereof to the elected members of the House of Delegates. A majority of the elected members of the House of Delegates shall constitute a quorum for the transaction of business.

   (C) Executive Council. An annual meeting of the Executive Council shall be held at the time and place selected for the holding of the Annual Meeting, and such other meetings thereof shall be held as may be called by the President, three District members, or as provided by the bylaws. Six members of the Executive Council shall be a quorum for the transaction of business.

   (D) Emergency Meetings.  In case of extreme emergency, the Executive Council, with the approval of the Supreme Court, may dispense with the calling of the Annual Meeting, but in such event shall call, in lieu thereof, a special session of the House of Delegates. In the case of extreme emergency, the Executive Council may call a special meeting, in such manner as may be determined by such Council, of all persons licensed to practice law in Nebraska.

Rule 8(A) and (B) amended March 19, 2003, effective November 1, 2003. Renumbered and codified as § 3-808, effective July 18, 2008.

   (A) Budget Preparation and Approval. The Budget and Planning Committee of this Association, consisting of not more than 13 members, shall study the income and expenses of this Association and shall prepare and submit to the Executive Council a proposed budget for each fiscal year of this Association. The Executive Council shall, upon receipt of such proposed budget, pass upon the same, and shall thereupon prepare and submit an annual budget of this Association's receipts and expenditures to the House of Delegates for its consideration and approval. Such proposed budget shall not be effective until 30 days after it shall be approved by a majority vote of the House of Delegates at a meeting for which at least 30 days' notice, including a copy of the proposed budget, has been given. The House of Delegates by majority vote thereof may amend or modify the proposed budget prior to its final adoption.

   (B) Authorization of Expenditures. After the budget is adopted by the House of Delegates, no expenditures shall be made for this Association except as provided thereby, provided, however, that in case of emergency, the President may authorize additional expenditures not to exceed $1,000 in any one instance; and provided further, that, in the case of emergency, the Executive Council may, by vote of two-thirds of its members, authorize additional expenditures not exceeding the total sum of $50,000 in any 1 year. No other expenditures shall be made except on approval by the House of Delegates.

   (C) Accounting and Auditing. The Executive Council shall cause proper books of account to be kept and shall prepare an annual audit thereof by a certified public accountant. Such audit shall contain a balance sheet and a statement of operations for the fiscal year involved, shall be submitted to the House of Delegates for approval at its next meeting, and shall be distributed to the members of the House of Delegates at least 30 days prior to the date of such meeting.

   (D) Circulation of Budget and Audit. The Executive Council, prior to the Annual Meeting of this Association, shall file with the Clerk of the Supreme Court and shall cause to be distributed to the members of this Association a copy of the current annual budget, the proposed budget for the succeeding year, and an annual statement showing a balance sheet and operating statement for the last preceding fiscal year.

   (E) Fiscal Year. The books and records of this Association shall be kept, and the affairs of this Association shall be managed, on a fiscal year basis to be fixed by the bylaws.

Rule 9(A)–(E) amended March 19, 2003, effective November 1, 2003 (Rule 9(C) deleted and (D)–(F) renumbered). Renumbered and codified as § 3-809, effective July 18, 2008.

   Effective September 1, 2005, the ethical standards relating to the practice of law in this State shall be the Nebraska Rules of Professional Conduct as adopted by the Nebraska Supreme Court on June 8, 2005, together with such amendments and additions thereto as may from time to time be approved by the Supreme Court of Nebraska.

Rule 10 amended July 13, 2005, effective September 1, 2005. Renumbered and codified as § 3-810, effective July 18, 2008.

   Suitable bylaws, not inconsistent with these rules, shall be adopted by the House of Delegates.

   Recommendations to the Supreme Court of amendments to these rules may be adopted by a two-thirds vote of the elected members present at a regular or special meeting of the House of Delegates, provided that no recommendation shall be considered (except by the unanimous consent of the elective members present) unless a written or printed copy of the proposed recommendation shall have been included in the call for the meeting. Recommendations to the Supreme Court of amendments to these rules may also be adopted by the exercise of the power of initiative as vested in the membership under § 3-802.

   (A) Bylaws. The present bylaws of this Association shall continue, so far as applicable, under these rules until new bylaws hereunder shall be adopted.

   (B) Effective Date. These rules shall become effective on January 1, 1971.

   (C) Terms of House of Delegates and Executive Council Members. All previously elected members of the House of Delegates and of the Executive Council shall complete their respective terms as existing under the rules of this Association, prior to the effective date hereof. Upon the effective date of this rule, all elected members thereof shall take office upon the termination of the terms of such previously elected members.

   (D) Terms of Officers. In the event these amended rules shall become effective prior to the date of the Annual Meeting of this Association, as previously fixed, all officers serving at the time of such effective date shall finish out their respective terms, and their successors shall be elected in accordance with the provisions hereof.

   The Nebraska State Bar Association shall at all time keep on file with the Clerk of the Nebraska Supreme Court and Court of Appeals a current copy of its bylaws and all rules under which its House of Delegates, Executive Council, and various committees and sections operate.

Rule 14 (formerly the Rule Requiring Filing of Nebraska State Bar Association Rules With Supreme Court) amended January 22, 1998. Renumbered and codified as § 3-814, effective July 18, 2008.

   (A) The following definitions shall apply to t