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Nebraska Workers' Compensation Legal Library


Nebraska Home Page   >   Nebraska Regulations
 

RULE3
PLEADINGS
A. All petitions, answers, motions, forms, proposed orders, and other pleadings and filings shall be printed or typewritten using nothing smaller than 12-point type in 8½- by 11-inch format. No reductions of print or type will be accepted. Double-spacing is allowed, but 1 ½ spacing is encouraged. All pages shall have 1-inch margins, except for the top margin of the first page, which shall have at least a 1 ½-inch margin. Facsimile copies are acceptable as provided in Neb.Ct. R § 6-601 to 6-615. Whenever a motion or stipulation is filed, a proposed order shall accompany such motion or stipulation. Proposed orders shall be submitted by separate document.
B. Every pleading subsequent to the petition, 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,E, 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,G, or if none is so designated, to the last known address of the person;
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 fax number pursuant to Rule 3,G;
e. sending it to the person by electronic means if the person being served has designated an e-mail address pursuant to Rule 3,G; or
f. delivering it by electronic or 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 mail is complete upon mailing. Service by facsimile or electronic means 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. 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,d,e, or f, 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 clerk of the court not less than five days prior to hearing except by permission of the trial judge.
2. Counsel at the time of filing 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 opposing counsel 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 moving counsel, as part of the motion makes a showing that, after personal consultation with counsel for opposing party(ies) and reasonable efforts to resolve differences, counsel 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. The term "counsel" shall include parties acting
pro se.
E. 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.
F. 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.
G. 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, 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. If the document or correspondence has been prepared by legal counsel, the counsel's Nebraska Bar Association number shall also be listed. 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 e-mail address to which documents addressed to the signer may be sent electronically.
H. 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.
I. 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 thereon that said filings are "Prepared By'' along with the name, business address, and bar number of the lawyer preparing the same, and that preparing such filings shall not be deemed an appearance by the lawyer in the case. Sections 48-162.01, 48-163, RRS. 2010, and 48-162.03, RS. Supp., 2016.
Effective date: January 21, 2016.



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