Rule 3: Pleadings

A. Except as otherwise required to comply with the Americans with Disabilities Act (ADA), and except for any court forms promulgated or last amended prior to the effective date of this rule, the following rules apply.

The standard form for all pleadings, including, but not limited to, all petitions, answers, motions, forms, proposed orders, briefs, written closing arguments, and other filings, except bills of exceptions, shall be as follows:

1. All documents shall be on a page size measuring 8 ½ by 11 inches, in portrait mode. Electronically-filed documents shall be in a converted PDF (fully text-searchable), rather than only a scanned image PDF format. All electronically-filed documents shall be easily readable. Documents that are not easily readable may be declined by the court clerk or stricken by the trial judge.

2. Documents permitted to be filed in paper form shall follow the same formatting set forth in this rule.

3. Text shall be aligned to the left side and not justified. Margins shall be set to 1.5 inches on all sides, and lines shall be spaced at 1.15 or 1.2. Extra line spacing is allowed before headings and between paragraphs. Footnotes are not permitted.

4. Preferred fonts shall be Century or Century Schoolbook. Other allowed fonts are Times New Roman, Baskerville Old Face, Book Antiqua, or Palatino, and shall be set to no less than 12, nor more than 13, point text. Type shall not be underscored, but may be italicized or boldfaced for emphasis.

5. Every pleading shall contain a caption setting forth the name of the court, the names of the parties, the docket number, and a title (or the name of the document).

6. All pleadings, including briefs must be numerically paginated. Page numbering shall begin with the first page of each pleading as page one. Numbering shall be displayed at the bottom of each page except the first page and must comply with Rule 3,A,3. Page numbering for briefs shall begin with the cover page as page one. Page numbering shall be displayed in the bottom margin on every page except the cover page and must comply with Rule 3,A,3. 

7. Photographed pages in any filed document will not be accepted by the court clerk. All pleadings must comply with the signature requirements of Rule 2,D,7. See also Rules 2,D,9 and 2,D,10.

Whenever a motion or stipulation is filed, a proposed order shall accompany such motion or stipulation. Proposed orders shall be submitted by separate document. Proposed orders should not include a certificate of service.

B. Except for pleadings served by the court clerk pursuant to Rule 2,D,4,a, every pleading, every written motion, every document relating to discovery or disclosure, and every written notice, appearance, designation of record on appeal, and similar document shall be served upon each of the parties by the initiating party. Except as provided in Rule 3,F, such party shall file proof of service with the court. Service and proof of service shall be made as follows: 

1. Service upon an attorney or upon a party not represented by an attorney shall be made by:

a. delivering the document to the person to be served;

b. mailing it to the person to be served by first-class mail at the address designated pursuant to Rule 3,I, or if none is so designated, to the last-known address of the person, in which event, service is complete upon mailing;

c. leaving it at the person’s office with the person’s clerk or other person in charge thereof; or, if the office is closed or the person to be served has no office, leaving it at the person’s dwelling house or usual place of abode with some person of suitable age and discretion then residing therein;

d. transmitting it by facsimile to the person, if the person has designated a facsimile number pursuant to Rule 3,I;

e. sending it to the person by email if the person being served has designated an email address pursuant to Rule 3,I; or sending it via the court-authorized service provider to a registered user; or

f. delivering it by any other means consented to in writing by the party being served.

2. Proof of service may be made by certificate of the attorney causing the service to be made or by certificate of the party not represented by an attorney. A certificate of service shall state the manner in which service was made on each person served.

3. Service by regular mail is complete upon mailing. Service by facsimile or email is complete upon transmission, but it is not effective if the person attempting to make service learns that the attempted service did not reach the person to be served. Emails transmitted to a registered email address are presumed to have been delivered. The presumption may be rebutted only by clear and convincing evidence.

4. Any requirement that a document or notice be written or in writing is satisfied if the document or notice is served by electronic means pursuant to Rule 3,B,1.

5. Whenever a party has the right or is required to take some action within a prescribed period after the service of a notice or other document upon the party and the notice or document is served under Rule 3,B,1,b, three days shall be added to the prescribed period.

C. In all proceedings involving approval or modification of a vocational rehabilitation plan, the moving party shall cause service of summons to be had on the Attorney General. Service on the Attorney General shall be made not less than 10 days prior to hearing, so that the Attorney General may have an opportunity to plead if requested by the court administrator.

D. The following shall apply to any motion or similar filing in which a hearing is required:

1. Except as otherwise provided by law, any motion or similar filing in which a hearing is requested shall be in writing and filed with the court clerk not less than five days prior to hearing except by permission of the trial judge.

2. Prior to filing, the moving attorney or self-represented litigant shall obtain a date for hearing from the judge to whom the case is assigned or the judge’s secretary and file a notice of hearing with the filing. Unless approved by the judge, a hearing date must be obtained for each motion, even if motions in the same case are already scheduled.

3. Notice of hearing shall be delivered to the opposing attorney or party, if unrepresented, in accordance with Rule 3,B,1 three full days prior to hearing. 

4. To avoid delays in the progression of a case, the court shall refuse to consider any and all motions, including motions to compel, unless the moving attorney or self-represented litigant, as part of the motion makes a showing that, after personal consultation with the attorney(s) for opposing party(ies) or self-represented litigant and reasonable efforts to resolve differences, they are unable to reach an accord. This showing shall recite, additionally, the date, time and place of such conference and the names of all participants.

E. Summary Judgment Procedure. 

1. Moving Party’s Materials in Support of Motion. When a motion for summary judgment or partial summary judgment is filed, the moving party must simultaneously file with the court clerk and serve all parties of record:

a. an Evidence Index in Support listing all evidence to be offered in support of the motion for summary judgment; and

b. an Annotated Statement of Undisputed Facts setting forth concise, numbered paragraphs reciting each proposed material fact as to which the moving party contends there is no genuine dispute, annotated by pinpoint citation to the supporting evidence in the Evidence Index in Support.

Failure to submit such a Statement may constitute grounds for denial of the motion.

2. Opposing Party’s Materials in Opposition. Each party opposing a motion for summary judgment or partial summary judgment must file with the court clerk and serve on all parties of record:

a. an Evidence Index in Opposition listing all evidence to be offered in opposition to the motion for summary judgment; and

b. an Annotated Statement of Disputed Facts setting forth concise, numbered paragraphs reciting each proposed material fact of the moving party as to which the opposing party contends there is a genuine dispute, annotated by pinpoint citation to the supporting evidence in the Evidence Index in Opposition.

Failure to submit such a Statement may constitute grounds for sustaining the motion.

3. For purposes of this rule, where competing motions are filed, a party shall be considered as the moving party regarding a motion or motions asserted by that party and as an opposing party regarding a motion or motions asserted by another party.

4. The assigned judge is expected to schedule deadlines for compliance with this rule and the summary judgment statutes so as to ensure a fair opportunity for all parties to present their evidence. The judge may, in the judge’s discretion, extend any deadline for compliance with any requirement under this rule.

5. The documents required by this rule shall not be included within a brief submitted on behalf of a party.

F. Discovery materials that do not require action by the court shall not be filed with the court. All such materials, including notices of deposition, depositions, certificates of filing a deposition, interrogatories, answers and objections to interrogatories, requests for documents or to permit entry upon land and responses or objections to such requests, requests for admissions and responses or objections to such requests, subpoenas for depositions or other discovery and returns of service of subpoenas, and related notices shall be maintained by the parties. Discovery materials shall be filed with the court only when ordered by the court or when required by law.

G. Original briefs shall be filed with the court clerk with a copy served upon opposing counsel or opposing party(ies) if self-represented. Proof of such service shall be endorsed on the original brief. The materials required by Rule 3,E shall be separately filed with the court clerk. Nothing included in a brief shall be treated as a substitution for any required document under Rule 3,E.

H. Copies of all correspondence sent to the court shall be given by the party originating the correspondence to all other parties of record in the case in accordance with Rule 3,B,1.

I. Any pleading or other document filed with, or correspondence received by, the court shall bear the typed or printed name and the signature of the preparer or signatory, the firm name if applicable, the complete address including the zip code, the telephone number, including the area code and the court’s docket and page number if one has been assigned to the claim. For any party represented by an attorney, the attorney’s email address and Nebraska State Bar Association (Bar) number shall also be stated in the pleading or document. The signature block on any document may designate a fax number to which documents addressed to the signer may be sent by facsimile. The signature block on any document submitted for the pending case may designate an email address to which documents addressed to the signer may be sent electronically. Any changes or updates to contact information for any party or attorney shall be made by notifying the court clerk and the opposing party.

J. The signature of an attorney or party constitutes the following:

1. a certification by him or her that he or she has read the document;

2. that it is not interposed for any improper purpose such as to harass or to cause unnecessary delay or needless increase in the cost of litigation;

3. that to the best of his or her knowledge, information and belief formed after reasonable inquiry, it is well grounded in fact and is warranted by existing law or a good faith argument for the extension, modification or reversal of existing law; and

4. that any allegations or denials of facts have evidentiary support or, if specifically so identified, are likely to have evidentiary support after a reasonable opportunity for further investigation or discovery.

K. When a lawyer is not an attorney of record, such lawyer may prepare pleadings, briefs, and other documents to be filed with the court so long as such filings clearly indicate that said filings are “Prepared By” along with the name, address, email address, telephone number, and Bar number of the lawyer preparing the same. Such actions or filings shall not be deemed an appearance by the lawyer in the case.

L. Consolidation of related cases. All motions to consolidate shall be filed in each related docketed case. A hearing on any motion to consolidate will not be required if the parties agree or stipulate that the related cases should be consolidated. The judge assigned to the oldest related docketed case shall enter an order on the stipulation or agreed-upon motion or preside over the hearing on the Motion to Consolidate. Upon entry of an order to consolidate, the judge assigned to the oldest related docketed case shall preside over the consolidated cases unless justice otherwise requires.