Rule 1-8. Criminal Cases

Rule 1-8. Criminal Cases

   A. 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.