Rule 4-3. Domestic Relations Cases

   A. Child Support Referee Exceptions.

   1. Contempt matters that involve immediate jail sentences shall be taken without delay to the duty judge of the District Court from a hearing before a Child Support Referee. The duty judge shall enter an order affirming or denying the findings and recommendations of the Referee.

   2. All other Exceptions to the findings and recommendations of the Child Support Referee shall be filed with the District Judge assigned to the case pursuant to Rule 4-12A. The Exception must be filed within fourteen days of the filing of the Referee’s Report. A copy of the Exceptions shall be served upon the opposing party and counsel. The assigned District Judge shall conduct a review on the Referee’s Report and the transcript of the hearing. The review shall be de novo on the record before the Child Support Referee, unless the District Court in its discretion allows the presentation of new evidence. The District Judge has the discretion to ratify or modify the Referee’s Report and enter judgment, or the District Judge may sustain the Exception and enter judgment. The rights to move for rehearing and to appeal are reserved to all parties.

   The party filing the exceptions shall promptly deliver a copy of the exceptions to the courtroom to which the matter has been assigned. 

   B. Assignment of Cases: Post-Decree Proceedings. All post-decree proceedings presented for filing within twelve (12) months after the entry of the initial dispositive decree in a domestic relations case shall be assigned to the judge to whom the case was originally assigned at the time of the filing of the action. Post-decree proceedings presented for filing after the passage of twelve (12) months from the entry of the original dispositive decree shall be assigned to a judge by random selection through use of such computerized or manual means as may be designated by the presiding judge. No post-decree proceeding shall be reassigned until the 30-day time for appeal has passed.

   C. Confidential Information. No document filed in the public record of a case shall have complete vehicle identification numbers, account numbers, Social Security numbers, dates of birth, or other personal identification information. Real estate shall be described by legal description in addition to street address.

   D. Temporary Support and Allowances. Except where a party appears as a self-represented litigant and live testimony is required, or unless otherwise ordered, evidence shall be submitted by affidavits. Affidavits shall set forth information required by Nebraska Child Support Guidelines and Neb. Rev. Stat. § 43-2930 (Reissue 2016). The District Court Administrator shall provide form affidavits in the Court Administrator’s Office and at the District Court’s website, www.dc4dc.com. Affidavits submitted in digital format shall be limited to an aggregate total of ten (10) pages or less. Affidavits that exceed an aggregate total of ten (10) pages shall be submitted in hard copy. The moving party shall provide the Court and opposing counsel or the non-moving party, if not represented, the supporting affidavits at least forty-eight (48) hours prior to the hearing, together with a notice of the hearing. The non-moving party shall submit to the Court and the moving party or counsel for the moving party, if the moving party is represented, any responsive affidavit(s) within twenty-four (24) hours prior to the hearing. The deadlines within this section exclude Saturdays, Sundays, and nonjudicial days as defined by Neb. Rev. Stat. § 25-2221 (Cum. Supp. 2024). Other than ex parte relief allowed by statute, the court, in its discretion, may decline to consider any affidavit unless it has been exchanged in compliance with these guidelines.

   E. Prior Rule 4-3(E), concerning Conciliation and Mediation, has been transferred to its own rule, Rule 4-3.1. Please see Rule 4-3.1 for rules and procedures related to Conciliation and Mediation/Facilitation.

Adopted effective December 29, 1995; amended effective May 1, 1998; amended effective March 12, 1999; amended effective June 19, 2002; amended effective January 18, 2007; amended effective May 7, 2008; amended effective September 9, 2010; amended effective November 12, 2015; amended effective May 29, 2019; amended effective September 11, 2019; amended effective December 18, 2019; amended effective March 24, 2021; amended  September 21, 2022; amended February 16, 2023; amended January 17, 2024; amended April 22, 2026.