Rule 9-13. Domestic Relations Cases

   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.