These rules for the district court of the Ninth Judicial District shall become effective upon approval by the Supreme Court and such approved rules shall be published on the Nebraska Judicial Branch Website consistent with the Nebraska Supreme Court Rules.

Approved effective October 27, 1995; amended February 11, 2026.

   A. Presiding Judge. The presiding judge shall be elected each year by a majority vote of the district court judges of the District to serve a 1-year term coinciding with the term of the court. Among other duties, the presiding judge shall ensure sufficient coverage throughout the district and reassign cases as necessary for judicial efficiency.

   B. Term of Court. One annual term of court will be held in each court in the Ninth District commencing January 1 and expiring December 31 of each year. No order shall be required to either open or close any term of court.

Approved effective October 27, 1995; amended September 9, 2010; amended February 11, 2026.

   In addition to the requirements set forth in Neb. Rev. Stat. § 25-1148, a motion for continuance shall set forth whether the opposing party has any objection.

   If the opposing party does not object to the continuance, the party filing the motion shall be responsible for arranging, as soon as practical, a new date and time with all opposing parties and the court. If the opposing party does object, it is the responsibility of the party filing the motion to set the motion for hearing. Except for exigent circumstances, a motion for a continuance shall be made at least 3 working days prior to the hearing for which the continuance is requested.

   Stipulations for continuances are subject to the approval of the court based upon the reasons given, the progression schedule, and the availability of an alternate date. All orders for a continuance of a hearing will specify the date and time of the rescheduled hearing. Upon the filing of a motion for continuance, absent a prompt request for hearing by another party, the court may grant or deny the motion for continuance ex parte.

   If no order granting a continuance has been issued, the parties are required to appear as previously ordered.

Approved effective October 27, 1995; amended September 9, 2010; amended February 11, 2026.

   It shall be the duty of the party directed by the court to promptly prepare a proper journal entry, order, judgment, or decree. The proposed journal entry shall be submitted to opposing counsel or party for approval as to form and content and then submitted to the court for its signature within 14 days after the decision or order is announced. Should a party or attorney object to the form or content of the journal entry, he or she should notify the court immediately of any requested change. The court will determine the final language of the order. As to all journal entries which constitute a judgment within the meaning of Neb. Rev. Stat. § 25-1301.01, the clerk shall file a certificate in the court file showing that a notice has been mailed to all parties of record or their attorneys. The clerk shall refuse to issue execution, order of the sale, fee bill, or other final process founded upon such decision or order in any case until the same is properly journalized and signed.

Approved effective October 27, 1995; amended September 9, 2010; amended February 11, 2026.

   Electronic Devices. The use of cell phones or other electronic devices in the courtroom for recording, taking pictures, emitting disrupting sound, or making audio or video calls is prohibited by anyone, including counsel, without permission of the Court. Recording devices, cameras, and cell phones are subject to confiscation. Nothing in this rule shall be read to conflict with Nebraska Supreme Court Rules on expanded media coverage pursuant to Neb. Ct. R. § 6-2003 et seq.

Approved effective October 27, 1995; amended September 9, 2010; amended February 11, 2026.

   A. Availability of Counsel During Jury Deliberations. Counsel and parties shall be available on such notice, as ordered by the court during jury deliberations. In the event of a verdict or a question by the jury, parties and counsel shall be present within 15 minutes of notification. Failure of a party or counsel to appear will constitute a waiver of appearance. The clerk or bailiff should be kept informed of contact information for counsel and any self-represented litigants when the jury is deliberating.

   B. Absence of Counsel on Receipt of Verdict. In civil cases, the court will not deem it necessary that any party or any counsel be present or represented when the jury returns to the courtroom with its verdict.

   C. Presence of Defendant in Criminal Cases. Unless otherwise ordered by the court, all defendants in criminal cases shall, during deliberations of the jury, remain on courthouse grounds.

Approved September 9, 2010; renumbered and amended February 11, 2026.

   All correspondence with the court regarding pending litigation shall refer to the subject case by case title, number, and county, and a copy of the correspondence shall be provided to the opposing counsel or party if not represented.

   A. Pretrial and Post Trial Motions.

   (1) Unless otherwise ordered by the court, all pretrial and post trial motions or similar filings which require a hearing shall be in writing and shall be filed prior to hearing unless waived by opposing counsel. The attorney at the time of filing shall obtain a date for hearing from the judge or the judge's office staff. Notice of hearing shall be mailed or personally delivered to the opposing counsel or party, if not represented by counsel, as provided in Rule 9-7(B). The use of ordinary mail shall constitute sufficient compliance with this rule except as otherwise specifically required by statute or rule of the Supreme Court.

   (2) Any motion related to a pleading may be filed only once with respect to such pleading. Any motion filed in violation of this rule may be stricken from the file by the court.

   (3) When a motion is overruled and a party is required to plead further, the pleading shall be filed within 10 days unless otherwise ordered by the court.

   (4) The court may, in its discretion, assess attorney fees to parties or their counsel on motion hearings.

   B. The following schedule denotes the minimum number of days prior to the date of hearing that a notice of such hearing shall be served upon a party to constitute a prima facie proof of "reasonable notice" unless a longer period is required by a specific statute;

   (1) Eight calendar days for all temporary hearings and restraining orders in dissolution actions, motions in civil actions, and all motions or arraignments in criminal actions;

   (2) Fourteen calendar days for contempt hearings (order to show cause and appointment of attorney) and pretrials in civil actions;

   (3) Twenty-one calendar days for release of liens, modification, pretrials, final hearings in dissolution actions, temporary injunctions, permanent injunctions, or trials in civil cases.

   C. When directed by the court, the clerk shall prepare a list of pending civil cases in which no action has been taken for 6 months prior thereto. An order shall then be entered requiring that cause be shown, within 30 days from entry of order, as to why said case should not be dismissed for lack of prosecution. Notice of said order shall be sent to all attorneys of record and pro se parties. If good cause is not shown, such cases shall be dismissed.

Approved September 9, 2010; renumbered and amended February 11, 2026.

   I. Determination of Indigency

   A. Applicability. This rule shall apply in every proceeding in which the laws of the United States or the laws of the State of Nebraska establish a right to be represented by counsel. All parties who have a right to be represented by an attorney shall have their eligibility for appointment of an attorney at public expense determined in conformity with this rule.

   B. Application. An individual requesting an appointment of an attorney at public expense shall complete and file with the court a notarized financial affidavit provided by the clerk of the district court setting forth the defendant’s income, assets, and obligations.

   C. Determination of Indigency. After reviewing the information contained in the affidavit and , if applicable, the party’s testimony, the court will determine whether the party is indigent. An indigent party is one whom the court determines is unable to retain legal counsel without prejudicing the party’s ability to provide economic necessities for the party or the party’s family based on a comparison of the party’s available funds and the anticipated cost of counsel.

   D. Review of Indigency Determination. A party’s indigency status may be reviewed in a formal hearing at any stage of a court proceeding if additional information regarding financial circumstances becomes available to the court. A party has the right for reconsideration in a formal hearing of the findings and conclusions regarding the party’s indigency.

   E. Inadmissibility of Information. No information provided by a party pursuant to this rule may be used in any criminal or civil proceeding against the party except, in a prosecution for perjury or contempt committed in providing such information or in an attempt to enforce an obligation to reimburse the State for the cost of counsel.

   F. Fees. Court-appointed counsel shall be paid an hourly fee established by the court. Fee requests shall be verified and shall itemize the service provided, time involved, and expenses incurred.

   II.  Appointment of Counsel

1. Purpose: This rule is to establish a process for the appointment of private attorneys to represent indigent defendants as provided in Neb. Rev. Stat. §§ 29-3901 to 29-3908.
2. Applicability: This rule shall not apply to criminal proceedings in which the Court appoints the Public Defender, Nebraska Commission on Public Advocacy, or any other attorney under contract with the county to provide such services.
3. General:
4. Appointments of private attorneys shall be made on an impartial and equitable basis;
2. The appointments shall be distributed among the attorneys on a rotation system;
3. Cases shall be assigned to attorneys of sufficient experience, skill, and competence to render effective assistance of counsel to defendants;
4. Complex cases shall be assigned to attorneys with sufficient levels of experience and competence to provide adequate representation; and
5. Less-experienced attorneys shall be assigned cases which are within their capabilities, but should be given the opportunity to expand their experience under supervision.
4. Court-Appointed Attorney List:
5. Each County Court shall maintain a court-appointed attorney list from which attorneys shall be appointed to represent indigent defendants. In the event that a District Court judge is required to appoint a private attorney, the District Court judge shall utilize the list maintained by the County Court.
2. Attorneys shall contact the County Court of each county in which they wish to be considered for court appointments, request to be placed on the court-appointed list, and indicate whether they will accept misdemeanor and/or felony appointments by completing and submitting a registration form, said form being attached as Appendix 2. Attorneys shall notify the County Court in writing when they no longer wish to receive court appointments.
3. The County Court shall make the court-appointed list of attorneys available upon request.
5. Method of Selection From Court-Appointed List:
6. The Court will generally attempt to appoint attorneys from the court-appointed attorney list on a rotational basis, subject to the Court’s sole discretion to make exceptions due to:
7. the nature and complexity of the case;
2. an attorney’s experience;
3. the nature and disposition of the defendant;
4. a language consideration;
5. a conflict of interest;
6. the availability of an attorney, taking into consideration an immediate need to address issues involved in the case;
7. geographical considerations; and
8. other relevant factors that may be involved in a specific case.
2. If the Court in its sole discretion varies from the rotation basis, it may appoint any qualified attorney, whether or not the attorney is on the court-appointed attorney list.
3. If an attorney on the court-appointed list is appointed outside the rotational basis established, that attorney’s name shall be placed at the end of the rotation.
6. Removal and Reinstatement from Appointment List:
7. Judges will monitor attorney performance on a continuing basis to ensure the competency of attorneys on the list. An attorney may be removed from the appointment list by a majority vote of the District Court and County Court judges.
2. If an attorney is under consideration for removal from the list, written notification will be given indicating the concerns with the attorney’s performance giving rise to consideration for removal, and the attorney will be given the opportunity to respond in writing or in person before a final decision is made.
3. An attorney who has been removed from the list may be considered for reinstatement by a majority vote of the District Court and County Court judges, after the deficiencies contained in the notice have been resolved.

Approved September 9, 2010; amended March 18, 2015; renumbered and amended February 11, 2026.

   All lawyers providing limited scope representation to a client shall do so pursuant to the terms of Neb. Ct. R. of Prof. Cond. § 3-501.2. If such representation is done pursuant to Neb. Ct. R. of Prof. Cond. § 3-501.2(d), the lawyer shall file a "Limited Appearance." The "Limited Appearance" shall contain (1) a written acceptance by the client setting forth the client's understanding of the scope, nature, and acceptance of the representation; and (2) a statement that all pleadings, motions, and notices should be sent to the lawyer entering the "Limited Appearance." When the representation is complete, the lawyer shall file within 10 days a "Certificate of Completion of Limited Representation" with the court. The certificate shall contain a statement that all future pleadings, motions, and notices should be sent directly to the pro se litigant. An order of the court allowing the lawyer to withdraw is not required.

Approved September 9, 2010; renumbered February 11, 2026.

   A. Applicability. This rule shall apply to all cases classified by the State Court Administrator as a domestic case, including, without limitation, divorce; paternity; grandparent visitation; modification actions; any matter involving child custody or parenting time; or any matter governed by the Parenting Act.

   B. Temporary Hearings. Hearings on motions for temporary orders shall be submitted on affidavit and heard in chambers unless:

   (1) Otherwise ordered by the court;

   (2) Either party is self-represented and present for the hearing; or

   (3) Either party or counsel request the matter be heard in the courtroom.

   A party may offer no more than six (6) affidavits which include any rebuttal or reply affidavits. One affidavit shall be the Child Information Affidavit required by Neb. Rev. Stat. § 43-2930 which shall have attached a proposed child support calculation. The total number of pages for all submitted materials, including attachments, shall not exceed fifty (50) pages.

   Initial affidavits shall be exchanged between the parties three (3) working days prior to the temporary hearing. All affidavits to be offered at the temporary hearing shall be provided to the court one (1) working day prior to the hearing.

   No temporary hearing shall be held on complaints to modify a previously issued custody order unless:

   (1) An ex parte ordered was issued by the court based upon circumstances impacting the immediate safety and best interests of the child(ren);

   (2) Upon a showing of good cause;

   (3) Due to unforeseen situations necessitating action in the best interests of the child(ren); or

   (4) By agreement of the parties.

   C. Property Division and Property Statements.

   (1) When the action involves the division of property by the court or by property settlement, both parties shall file a property statement. An acceptable form shall be a form similar to the form attached to these rules. See Appendix 1.

   (2) To avoid problems in identification of specific property, the party filing the action shall have 60 days from the date of filing of the complaint to prepare and file a property statement, furnishing a copy to the defendant, if self-represented, or to defendant's attorney of record.

   (3) The defendant must then complete the property statement by adding any additional property and inserting estimates of value. The defendant's completed property statement must be filed within 90 days after the filing of the complaint and a copy furnished to the plaintiff, if self-represented, or to the plaintiff's attorney of record. Either party may receive an extension of time for filing or completing the property statement upon written motion and good cause shown.

   (4) Failure to timely file a property statement by the plaintiff in accordance with these rules may result in the court's dismissing the action after notice by the court. Failure of the defendant to timely file a property statement in accordance with these rules may result in the court's accepting the plaintiff's property statement and prevent the defendant from disputing the plaintiff's property statement after notice by the court. Final hearing or a pretrial conference will not be scheduled until one completed property statement is on file.

   (5) When property division is contested at final hearing, the parties shall prepare a combined property statement for use as an exhibit. Either party may receive an extension of time for filing or completing property statements on written motion and good cause shown. Under no circumstances will the court allow more than one property statement to be used, except for the purposes of impeachment.

   (6) Amendments to property statements or values thereon shall not be permitted unless filed at least 10 days before trial, except by agreement of the parties or special permission of the court. Parties will, however, be permitted to correct amounts for bank accounts and debts at the time of trial.

   D. Guardian Ad Litem. If issue(s) of custody of child(ren) is/are present, the court may appoint a guardian ad litem for the child(ren) involved. The guardian ad litem shall be paid at the current district court court-appointed rate. The court will order an initial deposit for fees to be paid by the parties into court within 20 days. Initial fees shall be allocated between the parties in the discretion of the court subject to modification and assessment of additional fees at the time of final hearing. Those claiming indigence may apply to the court with an accompanying affidavit for waiver of such fee assessment. Before the claim of any court-appointed guardian ad litem is allowed, such guardian ad litem shall make a written motion pursuant to Neb. Ct. R. § 6-1525(D). If the purpose of the motion is to secure an order requiring a county of the Ninth Judicial District to compensate the guardian ad litem, the motion shall be set for hearing with notice given to the county attorney of that county as it is given to any other party.

   E. Pre-Trial/Final Hearing.

   (1) In all cases notice of final hearing is required, except when service was completed by publication.

   (2) Unless otherwise ordered by the court:

   (a) If child support is at issue, at final hearing each party shall submit to the court their proposed child support worksheet

   (b) If division of property/debts is at issue, at final hearing each party shall submit to the court their proposed balance sheet identifying the assets and debts, providing a value for each, and their proposed division.

   (c) If custody or parenting time is at issue, prior to obtaining a final hearing date, a party must either:

   (i) Allege no parenting plan is to be offered on their behalf;

   (ii) Allege their parenting plan has previously been reviewed by the Office of Dispute Resolution (ODR) for Parenting Act compliance and been approved;

   (iii) Utilize the model parenting plan made in compliance with the Parenting Act attached as Appendix 3; or

   (iv) Submit their proposed parenting plan to ODR at nsc.odr@nejudicial.gov at least 3 weeks prior to pretrial hearing for ODR to review for Parenting Act compliance and await a successful disposition report from ODR regarding their parenting plan.

  F. Child Support Referee Exception.

  (1) A party filing an exception shall deposit the sum of $100 with the clerk of the district court for the preparation of a transcript. This deposit shall be made at the time of the filing the exception. Any amounts remaining after the preparation of the transcript shall be refunded to the depositing party.

  (2) Indigent persons who request, and are granted, in forma pauperis status shall not be required to pay a deposit for the preparation of the transcript.

  (3) A transcript of the proceedings shall be prepared and filed with the clerk of the district court within forty-five (45) days of the deposit being paid. The court reporter preparing the transcript shall also submit an invoice for the cost of preparation to be paid from the deposit made by the litigant.

  (4) The clerk of the district court shall provide notice to the district court that the transcript is prepared and the matter is ready to proceed to hearing upon the filing of the transcript.

Approved September 9, 2010; renumbered and amended February 11, 2026.

   The following rule is adopted by the District and County Courts of the Ninth Judicial District for Modified Operating Procedures effective January 1, 2022.

   A. Purpose: This rule is to establish a procedure for determining when Modified Operating Procedures shall be implemented and what those procedures shall be.

   B. Applicability: These procedures are to be followed only upon a determination that normal operating procedures have been interrupted.

   C. When does implementation occur?: Implementation of Modified Operating Procedures shall occur upon a determination by the presiding Judges of the District and County Court of the Ninth Judicial District.

   (1) Implementation shall occur upon mandates by Federal, State, or Local Government or upon determination by the District and County Court Judges after consulting with local stakeholders.

   (2) Local stakeholders shall include but not be limited to the following: County Board, Local law enforcement (police and Sheriff), County Attorney's Office, Public Defender’s Office, Ninth Judicial District Judges, Local Health Boards, Probation, Corrections, Local County Bar Association, and County and District Court Clerks and Clerk Magistrates.

   D. Notice: Notice of implementation of Modified Operating Procedures shall be by Posting on the Buffalo County Justice Center/Hall County Courthouse, media outlets, web sites, and any other means as determined by the Presiding Judges.

   (1) It will be the duty of the presiding judges of the County Court and District Court to coordinate and facilitate communications with the stakeholders to plan and implement emergency modified court procedures.

   E. Modified Operating Procedures:

   (1) Upon interruption of normal operating procedures by pandemic, natural disaster, or any other unforeseen circumstance, the Court shall proceed to modify its operating procedures to ensure that all essential functions of the Court continue.

   (2) Essential functions shall include the following:

   (a) All Custodial Criminal proceedings.

   (b) Protection Orders.

   (c) Receipt of all filings.

   (d) Criminal warrants (not to include time payment warrants).

   (e) Juvenile intakes.

   (f) Receipt of financial payments.

   (g) Processing of appeals.

   (h) Habeas Corpus proceedings.

   (i) Statutorily mandated proceedings.

   (j) Emergency Ex-Parte Custody Orders and Emergency Placement Orders.

   (k) Any other matters deemed essential upon determination by the presiding Judges of the District.

   (3) The Presiding Judges of the County and District Courts of the Ninth Judicial District shall develop protocols and procedures to allow the Courts to carry on essential functions. Those may include the following:

   (a) Use of virtual proceedings, i.e., (Web-ex, Zoom, etc.).

   (b) Relocation of the Actual Court Rooms.

   (c) Alternative filing methods.

   (d) All other protocols deemed necessary by the Presiding Judges to carry on essential functioning.

   F. Notification: Notification of these protocols shall be by posting, e-mail, and any other methods available to ensure notice to Parties, Counsel, and the public.

   G. Return to Normal Operating Procedures: The Presiding Judges of the District shall be responsible for determining when the Courts return to normal operating procedures. Notice shall be provided as mentioned above to inform parties, counsel, and the public of the return to normal functioning.

Approved April 13, 2022; renumbered February 11, 2026.

   A. Telephonic/virtual hearings will be available for non-testimonial proceedings based upon the sole discretion of each District Judge within their courtroom. Requests to participate by virtual proceedings shall be made to the Bailiff/Courtroom Clerk at least 48 hours in advance of the hearing. Each party appearing via WebEx, Zoom, or other video/telephone conference platform will need to be logged in 5 minutes in advance of the hearing.

   B. If exhibits are to be offered at a virtual hearing, the exhibits must be provided electronically to the court, court reporter, and all opposing parties not less than 24 hours prior to the hearing, unless otherwise ordered by the court.

  C. If the sound and/or video quality is insufficient or the internet connection is insufficient or unavailable, the court will require the hearing to be continued and the parties to appear in person.

Approved October 19, 2022; renumbered and amended February 11, 2026.