District 4
District 4Rules of the County Court of the Fourth Judicial District
Request to be Added to Douglas County Court-Appointment List
Scope and Effective Date
Scope and Effective DateThese rules take effect upon approval by the Nebraska Supreme Court and will be published on the Nebraska Judicial Branch website. They supplement the Nebraska Supreme Court Rules and apply to all divisions of the County Court, including Civil, Criminal, and Probate.
Rule 1. General Rules
Rule 1. General RulesRule 1 approved February 9, 2005; Rule 1 amended May 13, 2026; Rule 1 amended May 27, 2026.
Rule 1-1. Term of Court
Rule 1-1. Term of CourtThe court term begins January 1 and ends December 31 each year.
Rule 1-2. Pleadings and Filings
Rule 1-2. Pleadings and FilingsA. Identification. All pleadings and documents submitted for judicial action—including proposed orders— must clearly identify their type (e.g., Complaint, Motion, Application, Answer, Order).
B. Motions Requiring Hearings. Motions requiring a hearing must be filed before the hearing date and within the time requirements as provided by law. A proposed Order for Hearing must accompany the motion. The court will assign the hearing date, time, and location. If all parties agree to the requested relief, a Stipulated Order may be submitted.
C. Notice. The moving party must serve timely notice of the hearing on all opposing parties and include a certificate stating how notice was given. When documents are electronically filed, Neb. Ct. R. § 2-205 governs.
D. Required Forms. Any form mandated or approved by the Nebraska Supreme Court or the Administrative Office of the Courts must be used. If no required form exists, filings must comply with applicable procedural rules. https://nebraskajudicial.gov/forms.
E. Prohibited Language. Filings may not contain the gratuitous use of abusive, threatening, or profane language that does not serve a legitimate legal purpose. Such filings may be stricken and may result in additional sanctions, including denial of relief or dismissal.
Rule 1-3. Continuances
Rule 1-3. ContinuancesA. Requirements. Requests for continuances must be filed by written motion, state the grounds for the request, and include a supporting affidavit. The motion must be filed no less than 3 business days before the scheduled hearing, absent good cause shown. Except in unusual circumstances, only one continuance will be granted.
B. Notice. Continuances will not be granted ex parte. Motions failing to show agreement of all parties will be set for hearing like any other motion. Stipulated motions to continue may be submitted to the court for consideration without hearing.
C. Judicial Discretion. Continuances are granted or denied at the court’s discretion. If the motion is denied or not ruled on before the hearing, all parties must appear.
Rule 1-4. Courtroom Attire and Decorum
Rule 1-4. Courtroom Attire and DecorumA. Counsel Conduct. Counsel must speak clearly from counsel table unless permitted to approach the bench. Counsel shall address witnesses, opposing counsel, and jurors by last name; arguments must be directed to the court. Counsel must identify themselves on the record at the start of the hearing.
B. Timeliness and Attire. Parties and attorneys must appear on time and be prepared to proceed. Failure to appear may result in dismissal or other sanctions. Attorneys must wear ordinary business attire.
C. Courtroom Behavior. All persons must be seated promptly and remain quiet and orderly. No cellphone use, eating, drinking, or distracting conduct is permitted.
D. Searches. At the direction of the court, security officers may search any person entering the courtroom for weapons, destructive devices, or other prohibited items.
E. Electronic Devices. Use of cell phones or electronic devices is prohibited without permission of the court. Violations may result in removal or confiscation. This rule does not alter the Supreme Court’s expanded media coverage rules (Neb. Ct. R. § 6-2003 et seq.).
Rule 1-5. Remote Hearings
Rule 1-5. Remote HearingsIn-person appearances are presumed. Parties may request to appear remotely by written motion.
A. Motion to Appear Remotely. The motion must be filed at least 5 business days before the hearing and state:
1. Good cause for the request,
2. Whether the opposing party consents, and
3. Confirmation of access to necessary technology.
If denied or not ruled upon before the hearing, parties must appear in person.
B. Judicial Discretion. The judge may deny remote participation if it would prejudice a party, involve physical evidence, require live testimony, or undermine fairness or courtroom integrity.
C. Setting and Environment. Remote participants must appear from a quiet, private, stationary location. Participation from vehicles, public spaces, or while driving is prohibited.
D. Equipment and Decorum. Participants must coordinate with the Court Administrator and Judicial Assistant. They must use a device with a working camera and microphone, appear under their full legal name, keep video on unless excused, mute when not speaking, and maintain courtroom-appropriate attire and behavior.
E. Technical Failures. Avoidable technical issues preventing appearance will be treated as a failure to appear. Participants are responsible for adequate equipment and internet.
F. Recording. No recording, photographing, or broadcasting of remote hearings is permitted without court approval. This rule does not alter Neb. Ct. R. §§ 6-2003 to 6-2005.
G. Confidentiality. Remote appearance may be denied or restricted if it interferes with participation, attorney-client communication, privacy, or integrity of the proceeding.
Rule 1-6. Jury Trials
Rule 1-6. Jury TrialsEach judge is assigned 1 month per year for criminal jury trials and 3 months per year for civil jury trials. Any deviation requires approval of the Presiding Judge.
In civil cases, parties need not be present for the return of the verdict unless requested. In criminal cases, defendants must remain in the courthouse during deliberations unless otherwise ordered.
Rule 1-7. Civil Cases
Rule 1-7. Civil CasesA. Filing and Notice. Unless ordered otherwise:
1. Motions requiring a hearing must be filed before the hearing date, and the moving party must obtain a hearing date before filing.
2. The moving party must serve notice of the hearing at least 14 days in advance, consistent with Supreme Court Rules.
3. Electronic filings are governed by Neb. Ct. R. § 2-205.
B. Motions to Compel. A motion to compel must:
1. Give notice to all parties and affected persons,
2. Certify a good-faith effort to resolve the dispute,
3. State that the movant has complied with the Nebraska Rules of Discovery, and
4. Show reasonable attempts to obtain missing or incomplete discovery responses.
C. Amended Pleadings. Amendments after an answer is filed may be allowed at the court’s discretion. Pleadings may not be amended by erasure, substitution, or interlineation. If leave to amend is granted but not used in time, the party is deemed to stand on the original pleading. Original pleadings must remain in the file.
D. Case Progression. All cases must comply with Neb. Ct. R. § 6-101. Cases not meeting progression standards may be set for show-cause dismissal. Progression orders may include:
1. Discovery deadlines,
2. Pretrial conference scheduling, and
3. Trial dates.
E. Exhibits. Trial exhibits must be provided to the court and opposing parties at least 48 hours before the hearing. The court may preclude untimely exhibits.
F. Expedited Matters. (Reserved.)
G. Miscellaneous. (Reserved.)
Rule 1-8. Criminal Cases
Rule 1-8. Criminal CasesA. Case Assignments. All Criminal and Traffic cases are assigned a judge following arraignment.
B. Motions.
1. General. The assigned judge hears all case-related motions. Motions will be set on the judge’s next available date. If an evidentiary hearing is required, the initial setting serves as a scheduling conference.
2. Motions to Review Conditions of Bond. These motions shall be heard by the judge who set bond unless that judge is unavailable. If unavailable, the motion may be heard by the assigned judge. If both are unavailable, it may be heard by the judge in courtroom 228. “Unavailable” means the judge is not scheduled to preside in courtrooms 226-229 that day. All motions must clearly state:
a. The names of the bond-setting judge and the assigned judge,
b. The specific bond condition to be reviewed, and
c. The reason the matter must be heard by the judge in courtroom 228.
Failure to comply may result in summary denial.
3. Motions to Enter Plea (Time and Costs). These motions shall be heard by the assigned judge unless that judge is unavailable. If unavailable, it may be heard by the judge in courtroom 228 in the afternoon. “Unavailable” means the judge is not scheduled to preside in courtrooms 226-229 that day.
The judge in courtroom 228 has discretion to take the plea or refer it back to the assigned judge.
This rule applies only to cases with an agreement to plead for time and costs already served.
4. Case Reassignment for Judicial Economy. When a defendant has multiple pending cases, the judge assigned to the lowest numbered case will hear all related cases. A Motion to Reassign must be filed, which may be granted summarily. The motion shall include all open dockets with case number and judge assigned.
This rule does not apply to felonies or cases set for jury trial/jury pretrial.
5. Disposition of Cases in Warrant.
a. Contempt and Failure to Appear Warrants
- Motions to cancel warrant must be filed no less than 24 hours before the requested hearing time. Motions may be heard in front of the assigned judge or in courtroom 228 in the afternoon.
b. Arrest Warrants
- Cases with an active arrest warrant may be brought in with at least 24 hours’ notice. Arrest warrants cannot be cancelled, but at the discretion of the judge, a bond may be set.
C. Expanded Media Coverage. See Neb. Ct. R. §§ 6-2001 to 6-2005.
Rule 1-9. Probate Cases (Reserved.)
Rule 1-9. Probate Cases (Reserved.) dbrown-butterfieldRule 2. Appointment of Conflict Counsel in Criminal Cases
Rule 2. Appointment of Conflict Counsel in Criminal CasesA. Authority. Pursuant to Neb. Ct. R. §§ 6-1525 and 6-1467, the judges of the District Court and County Court of Douglas County (the Courts) adopt this rule for furnishing conflict representation in the Courts for any person who is financially unable to obtain adequate representation in felony, misdemeanor, or post-conviction cases pursuant to Neb. Rev. Stat. §§ 29-3901 to 29-3908 and §§ 29-3001 to 29-3004 (Reissue 2008 & Cum. Supp. 2014).
B. Statement of Policy. The objective of this plan is to attain the ideal of equality before the law for all persons. This plan shall be administered so that those eligible for services pursuant to Neb. Rev. Stat. §§ 29-3901 to 29-3908 and §§ 29-3001 to 29-3004 (Reissue 2008 & Cum. Supp. 2014) will not be deprived of any element of representation necessary to an adequate defense because they are financially unable to pay for adequate representation. The further objective of this plan is to particularize the requirements for court appointments in Douglas County, Nebraska.
C. Appointment of Private Attorneys. The Douglas County Public Defender’s Office shall have first priority to be appointed for any indigent defendant in all criminal cases within the county. In those cases where the Douglas County Public Defender’s Office has a conflict and the case is one where the Nebraska Commission on Public Advocacy may be appointed, the Nebraska Commission on Public Advocacy will have priority for appointment. This rule establishes the process for the appointment of private attorneys to represent indigent defendants when the Public Defender’s staff and the Nebraska Commission on Public Advocacy are not available. A panel of private attorneys who are eligible and willing to be appointed to provide representation in Douglas County is hereby recognized. The Plan for the Composition, Administration, and Management of the Panel of Private Attorneys pursuant to Neb. Ct. R. §§ 6-1525 and 6-1467 is set forth below.
D. Duties of Appointed Counsel. The services to be rendered on behalf of a person represented by appointed counsel shall be commensurate with those rendered if counsel were privately employed by the person. Attorneys appointed to the panel shall conform to the highest standards of professional conduct and shall refrain from conduct unbecoming a member of the bar.
E. Creation of Panel. The District Court and County Court of Douglas County (the Courts) shall establish a panel of private attorneys (hereafter referred to as the “DC Panel”). All attorneys who are eligible and willing to be appointed to provide representation will be placed on the DC Panel.
F. Composition of Panel.
1. Attorneys who serve on the DC Panel must be members in good standing of the Nebraska bar and must have demonstrated experience in, and knowledge of, the Nebraska Rules of Criminal Procedure and the Nebraska Rules of Evidence. The Courts shall approve attorneys for membership on the DC Panel and the composition of the DC Panel after receiving recommendations from the Panel Selection Committee (the Committee) established pursuant to subsection 2 of this Plan.
Members of the DC Panel shall serve indefinitely and continuously at the pleasure of the Courts.
2. The Courts shall jointly establish a Panel Selection Committee (the Committee). The Committee shall consist of two District Court judges, two County Court judges, two private attorneys who are experienced in criminal defense work, and the Douglas County Public Defender. The Committee shall select its own chairperson.
The Committee shall meet at least once each year, and at such other times as the Committee deems appropriate, to consider applications for addition to the DC Panel. The Committee shall review the qualifications of applicants and shall recommend, for approval by the Courts, the attorneys to be included on the DC Panel and, based upon the attorney’s experience, skill, and competence, the category of cases which each attorney can handle. If an attorney disputes the category in which he or she has been placed for assignment of cases, the attorney may submit to the Committee a written explanation of the basis for such dispute. The Committee will then consider the dispute, will resolve the dispute by majority vote of its members, and will provide the attorney with a written disposition of the placement dispute.
At its annual meeting, the Committee shall also review in its entirety the appointment list of attorneys on the DC Panel to determine if any attorney should be removed due to failure to remain in good standing with the Nebraska bar or for cause. If the attorney is being considered for removal from the DC Panel for cause, the Committee shall give written notification to the attorney indicating the concerns with the attorney’s performance giving rise to consideration for removal, and the attorney shall be given the opportunity to respond in writing or in person before a final decision is made.
At its annual meeting, the Committee shall also review the operation and administration of the DC Panel during the preceding year, and shall recommend to the Courts any changes regarding the appointment process and panel management which the Committee deems necessary or appropriate. If a majority of the judges of the Courts agree, then proposed language amending the Rule shall be submitted to the Supreme Court as provided by Neb. Ct. R. § 6-1501 entitled “Local Rules.”
G. Assignment of Cases. Cases shall be assigned to attorneys based on their experience, skill, and competence. Complex or more serious cases shall be assigned to attorneys with sufficient levels of experience and competence to provide adequate representation in such cases. Attorneys who have less experience, skill, and competence shall be assigned cases which are within their capabilities.
H. Appointments and Maintenance of Appointment List. Appointments from the list of private attorneys on the DC Panel should be made on a rotational basis, subject to the appointing court’s discretion to make exceptions due to the nature and complexity of the case, an attorney’s experience or lack thereof, a language consideration, a conflict of interest, or any other factor which the appointing court may deem appropriate under the circumstances. This procedure should result in a balanced distribution of appointments and compensation among the members of the DC Panel, as well as quality representation for each defendant who is financially unable to otherwise obtain adequate representation.
To be considered for appointment to the DC Panel, a private attorney shall complete the form entitled “Request to Be Added to Douglas County Court-Appointment List” and shall file it with the Douglas County District Court Administrator’s Office. This form shall be available at the District Court Clerk’s Office and the County Court Clerk’s Office. Any private attorney on the DC Panel may request to be removed from the Panel at any time by sending a letter asking for removal to the District Court Administrator’s Office, Hall of Justice, Room 500, 1701 Farnam Street, Omaha, NE 68183.
The respective Court Administrators of District Court and County Court shall maintain a current list of all attorneys included on the DC Panel, including the attorneys’ current office address and telephone numbers.
I. Effective Date. This rule shall become effective on April 1, 2015.
Rule 2 approved January 22, 2015, effective April 1. 2015; Rule 2 amended November 13, 2019; Rule 2(C) amended October 7, 2025.
Rule 3. Emergency Modified Court Operations
Rule 3. Emergency Modified Court OperationsA. This rule sets out the procedures governing emergency modified court operations in the District Court, County Court, and Separate Juvenile Court of the Fourth Judicial District (collectively “the Courts”).
B. The presiding judge of the Fourth Judicial District Court shall be responsible for convening a standing committee for the Fourth Judicial District. This Emergency Modified Court Operations Committee shall be responsible for planning and implementing emergency modified court operations.
C. The Emergency Modified Court Operations Committee shall include a District Judge, a County Judge, and a Separate Juvenile Court Judge (collectively the “Judicial Representatives”). The Committee shall also include representatives from the following stakeholders: District 4A and 4J Probation Office; Douglas County Attorney’s Office; Douglas County Public Defender’s Office; City of Omaha Legal Department; Douglas County Department of Corrections; Douglas County Youth Center; Clerk of the District Court; Douglas County Sheriff’s Office; Douglas County Health Department; and Omaha Douglas Public Building Commission. The Judicial Representatives shall be responsible for coordinating and facilitating communication among the members of the Emergency Modified Court Operations Committee.
D. In circumstances significantly threatening the ability of the Courts to conduct routine court proceedings safely and efficiently, the Emergency Modified Court Operations Committee’s Judicial Representatives shall vote as to whether to implement emergency modified court operations. If a majority of the Judicial Representatives votes in favor of emergency modified operations, emergency modified court operations shall go into effect. The Judicial Representatives, in coordination with the Nebraska Supreme Court, shall enter appropriate administrative orders detailing the emergency modified operations. Any administrative order implementing emergency modified court procedures shall identify the date by which the order shall expire if not previously vacated, extended, or amended.
E. The following mission essential functions shall be addressed in any administrative order implementing emergency modified court procedures:
1. County Court: The operation of the courtroom at Douglas County Corrections and the transport of prisoners to and therefrom. Also, hearings as to any of the following: protection orders, evictions, emergency guardianship or conservatorship proceedings, change of pleas, bond settings, arraignments, and preliminary hearings.
2. Separate Juvenile Court: Hearings as to any of the following: adoptions, contested protective custody proceedings, contested adjudications or terminations of parental rights, contested motions to revoke probation, contested motions to commit to the Youth Rehabilitation and Treatment Center, and contested ex parte motions.
3. District Court: Hearings as to any of the following: bond reviews, change of pleas, sentencings, protection orders, motions for ex parte orders or temporary allowances, and motions for temporary restraining orders and temporary injunctions.
F. The Committee will notify the Nebraska Supreme Court Administrative Services Division and the Omaha Police Department of the emergency modified court operations status. The Committee shall also notify the public of the emergency modified court operations status by:
1. Preparing and issuing a press release to local media outlets regarding emergency operations;
2. Placing notices on websites and social media accounts controlled by members of the Committee; and
3. Posting notices at the entrances to the Douglas County Courthouse.
Approved March 16, 2022.