See § 2-111. The type used may be 11 or 12 point with lines leaded 2 points, except in quotations which may be leaded 1 point. Only propositions discussed in the argument shall be stated. (b) Typewritten briefs shall be in nothing smaller than 12-point type and double spaced. Requests for additional time to file briefs must be made in accordance with the provisions of § 2-106. v. Gendler, 237 Neb. -7- Nebraska Supreme Court Advance Sheets 306 Nebraska Reports E.M. v. NEBRASKA ⦠(3) If a party wishes to avail himself or herself of the provisions of the statute with reference to remittitur, a special assignment of error may be made in the brief of appellee, or a cross-appeal may be taken. Nebraska cases shall be cited by the Nebraska Reports and/or Nebraska Appellate Reports, but may include citation to such other reports as may contain such cases. Rule 9(B)(1), (B)(2)(e), and (B)(5) amended March 25, 1992; Rule 9(B)(2)e amended April 22, 1992; Rule 9(A)(5) amended April 29, 1992; Rule 9(A)(2) amended May 28, 1992; Rule 9(F) amended July 1, 1992; Rule 9(F) amended November 25, 1992; Rule 9(B)(7) amended June 15, 1994; Rule 9(A)(5) and (B)(7) amended October 17, 1995; Rule 9(B) amended September 25, 1996; Rule 9(B)(1) amended November 20, 1996; Rule 9(A) and (B)(6) amended May 29, 1997; Rule 9(A)(4) amended March 17, 1999; Rule 9(D)(1) and (2) amended October 27, 1999, effective December 6, 1999; Rule 9(F) amended December 15, 1999; Rule 9(B)(3) amended June 6, 2001; Rule 9(F) amended November 15, 2001; Rule 9(B)(2)(b) amended March 22, 2006; Rule 9(E) amended June 4, 2008, effective June 18, 2008. Court review. Such a motion must be filed no later than 10 days after the release of the opinion of the court or the entry of the order of the court disposing of the appeal, unless otherwise provided by statute. (6) All rules for motions for rehearing may be found in § 2-113. (4) The color of the brief covers shall be: (a) Appellant, or plaintiff in an original action,--gray (same for reply brief); (b) Appellee, or defendant in an original action,--tan; and. The Constitution of the State of Nebraska distributes the judicial power of the state among the Supreme Court, Court of Appeals, district courts, and county courts. Nebraska State Courts Nebraska State Courts Provides access to: Court Rules; Supreme Court and Court of Appeals Opinions from previous 90 days; Selected forms; Nebraska Child Support Guidelines. 5. (b) Request for preparation of bill of exceptions filed: 1 month after the date the bill of exceptions is due to be filed. The official Nebraska Judicial Branch website provides information on Supreme Court functions, programs and services including online services, forms, procedures, reference material, court locations, and contact information. Each and every recitation of fact shall be annotated to the record in the manner set forth in § 2-109(C), no matter where in appellee's brief such recitation is made; and. Trial Court eFiling; WCC eFiling; Filing History; FAQ Best Viewed In IE 8 or higher with Compatibility Mode turned off. (1) The brief of appellant, or plaintiff in an original action, shall contain the following sections, under appropriate headings, and in the order indicated: (b) A table of contents with page references, and an alphabetically arranged table of cases, statutes, and other authorities cited, with references to the pages of the brief where cited; (c) A statement of the basis of jurisdiction of the appellate court. See § 2-102(F). See § 2-113 for the form and content of a motion for rehearing. An original and one copy of such motion and proof of service shall be filed with the Supreme Court Clerk, and a copy shall be served upon the opposing party or the attorney of record. Supreme Court: Supreme Court. Nebraska District of Evangelical Lutheran Synod, etc., v. McKelvie et ⦠In addition to the courts created by the Constitution, the Nebraska judicial system has two other courts – the separate juvenile courts located in Douglas, Lancaster, and Sarpy Counties, and a statewide Workers’ Compensation Court. The Nebraska Supreme Court on Friday partially rejected the appeal of John W. Dalton Jr. of Omaha, who gunned down his parents and 18-year-old niece the day after Christmas in 2017. In original actions, references shall be made to the pleading and page thereof. (2) Appellee's brief must be served and filed within 1 month after appellant has served and filed briefs. In appellate review of an order granting a summary judgment, the Supreme Court views the evidence in a light most favorable to the party against whom the judgment is granted. Crime & Courts (5) Briefs may not exceed the following page lengths: original submission (combined total of appellant's brief, reply brief, and answer brief to cross-appeal, or combined total of appellee's brief, brief on cross-appeal, and reply brief to answer brief on cross-appeal), 50 pages; motions for rehearing and amicus curiae, 15 pages. BRIEFS FILED WITH THE CLERK OF THE SUPREME COURT AND COURT OF APPEALS SHALL NOT BE CONFIDENTIAL. A brief shall not contain a reproduction, quotation, or extensive paraphrase of material which is declared by any statute or other rule of the Supreme Court to be confidential. (See Neb. § 2-109(A)(2) amended August 27, 2008; § 2-109(D)(1)(h)-(i) amended September 10, 2008, effective January 1, 2009; § 2-109(D) amended November 19, 2008; §§ 2-109(A)(5), (B)(2) and (6)-(7) amended June 6, 2012; § 2-109(C)(1) amended July 2, 2014. The website is a resource focused for both attorneys and the public. eFile Services . Appendix 1 - County court appeal to district court certificate of transcript Requests for additional time to file briefs must be made in accordance with the provisions of § 2-106. References to documents not in the bill of exceptions but nonetheless subject to review by the Supreme Court, such as a presentence investigation report, shall identify the document, followed by a comma and the page on which the material to which reference is made appears, as, for example, (Presentence Investigation Report, p. 75). Briefs in support of motions are described in §§ 2-106, 2-107, and 2-113. A party may make such further statements of fact or quotations from the record as deemed necessary to properly present the question, supporting such facts by appropriate references to the record. Type may be underscored, italicized, or boldfaced for emphasis. The appellee's brief may contain such summary; and. (a) Computer-generated briefs shall be in not less than 12-point Courier, Arial or Helvetica, or Times or Times New Roman font, double spaced, with not less than 12 points of leading. Appealing or Setting Aside A Small Claims Judgment, Appealing to Supreme Court/Court of Appeals, Appealing a Workers' Compensation Decision to the Court of Appeals, Handgun Certificate Denial or Revocation Appeal, Filing a Motion to Seal Juvenile Criminal Record, Obtaining a Copy of Your Court Record That Has Been Sealed, Request to Open Adoption Records for Adoption Decree or Medical Records, Petition to Set Aside a Criminal Conviction, Request for a Typed Transcript of a Trial or Proceeding, Additional Information: Felony Cases in Nebraska, Additional Information: Misdemeanor Cases in Nebraska, Affidavit for Transfer of Personal Property without Probate, Affidavit for Transfer of Real Property without Probate, Title Transfer for the Deceased's Motor Vehicle, Modification of Custody or Parenting Plan, Filing a Motion for Continuance of Court Hearing, *For People Wanting Limited Legal Assistance, Waiver of Parental Consent for Abortion for Minors, If You Have Been Served with a Protection Order, Collecting Your Money After A Judgment & Information For Judgment Debtor, Additional Information: Traffic Cases in Nebraska, Annual Judicial Branch Recognition Committee, Consortium of Tribal, State and Federal Courts, Court of Appeals’ College Campus Initiative, Supreme Court High School & Law School Oral Arguments, Supreme Court Commission on Children in the Courts, Information for Professionals and Stakeholders, About the Nebraska Court Improvement Project, Webinar: Crossover Youth 101 for Nebraska Stakeholders Recording, 2017 Child Welfare & Juvenile Justice Legislative Overview Webinar, Qualified Expert Witnesses (QEW) Training, 2017 Collateral Consequences of a Juvenile Record in Nebraska, 2018 Understanding the Unified Family Court, 2018 Webinar Special Immigrant Juvenile Status, Online Guardian and Conservator Education, Over the Phone Guardian and Conservator Education, Resources for Private Guardians and Conservators, Frequently Asked Questions for Guardians and Conservators, Questions about the Office of Public Guardian, Internships, Externships, and Volunteer Programs, Community-Based Programs and Field Services Division, Interstate Compact and Interdistrict Transfer, Juvenile Detention Alternatives Initiative. (6) If rehearing is granted in a case, the parties may file additional briefs at least 1 week prior to reargument or other submission to the court. (A) Time for Filing. A party presenting a case involving the federal or state constitutionality of a statute must file and serve notice thereof with the Supreme Court Clerk by a separate written notice or by notice in a Petition to Bypass at the time of filing such party's brief. The Nebraska Supreme Court ruled on Thursday that an initiative that would have legalized the medicinal use of cannabis is unconstitutional and may not appear before voters in the November election. T" or "Conf. Tuttle & Assoc. (2) Computer-generated or typewritten briefs may be filed in any case on unglazed, white, 8½- by 11-inch paper of at least 16 pound weight and shall be bound by a single paper clip or binder clip in the upper left-hand corner only. Proof of service may be shown by the affidavit of the person making service or by the receipt of the party or attorney served. All state courts operate under the administrative direction of the Supreme Court. The jurisdictional statement must identify the statute, court rule, or case law believed to confer jurisdiction on the Supreme Court or Court of Appeals, state relevant facts establishing why the judgment or order sought to be reviewed is an appealable order, and further must include the following information: (i) the date of entry of the judgment or order sought to be reviewed; (ii) the date of filing of any motion claimed to toll the time within which to appeal, the disposition of such motion, and the date of entry of the order disposing of it; (iii) the date of filing of the notice of appeal, and the date of depositing of the docket fee or date of the granting of the order to proceed in forma pauperis, and; (iv) if the order sought to be reviewed adjudicates fewer than all the claims, or the rights and liabilities of fewer than all the parties, the jurisdictional statement must recite the language of the lower court's order providing the basis for such interlocutory appeal or otherwise identify the statute, court rule, or case law authorizing such interlocutory appeal. District Court Contacts; County Court Contacts; Nebraska Judicial Branch eFiling. (3) Appellant's reply brief must be served and filed within 14 days after appellee has served and filed briefs; 3 days are added if service of appellee's brief is by mail. In addition to the courts created by the Constitution, the Nebraska judicial system has two other courts â the separate juvenile courts located in Douglas, Lancaster, and Sarpy Counties, and a statewide Workersâ Compensation Court. Regulations: Nebraska Rules and Regulations. (i) The argument shall present each question separately, and shall present each proposition of law as best sets forth the contentions of the party. How to EFILE from an iPhone or iPad. If the cited opinion is long, it shall also refer to the page where the pertinent portion of the opinion is found. NO EXTENSIONS OF TIME WILL BE ALLOWED IN ADVANCED CASES EXCEPT UPON A SHOWING OF EXCEPTIONAL CAUSE. The answer of appellant to any cross-appeal shall be set forth in a separate division of the reply brief and shall be headed "Answer to Brief on Cross-Appeal," and shall be noted on the cover of the brief. The briefs listed below must be filed within the times stated in these rules. (3) References to exhibits in the bill of exceptions shall be made by setting forth in parentheses the capital letter E, followed by the number of the exhibit, followed by a comma and the page of the exhibit on which the material to which reference is made appears, followed by a colon and the page of the bill of exceptions where the exhibit was offered and received or refused, followed by a comma and the page where the exhibit is found, as, for example, (E5,3:92, 95). (d) A statement of the case, which, in original actions, shall state the issues before the court. All state courts operate under the administrative direction of the Supreme Court. A trial court may use appropriate judicial notice in resolving a ⦠(5) The reply brief shall be prepared in the same manner as the brief of appellee. The Nebraska Supreme Court rejected complaints brought by Raymond Mata that he was unconstitutionally sentenced to die for the slaying of 3-year-old Adam Gomez of Scottsbluff in 1999. Section 6-1433.02 - Public Guardian. Brief covers shall not be of greater weight than the paper within the brief and shall have a dull finish, allowing the ink to penetrate. (2) The brief of appellee, or defendant in an original action, shall contain the following matters, in the order indicated: (a) Table of contents and table of cases cited; (b) A statement of the basis of jurisdiction of the appellate court, if appellant's statement is not accepted as correct; (c) Statement of the case, if appellant's statement thereof is not accepted as correct; (e) Statement of facts, if appellant's statement is not accepted as correct or is amplified. As ⦠The move, which came just shortly before Electoral College voters were due to cast their ballots ensured ⦠It was close but in the end, the conservative-led Wisconsin Supreme Court on Monday rejected the Trump campaign's bid to throw out more than 220,000 ballots from two Democratic county strongholds. (F) Any person who claims the right under the law or a uniform course of practice to an attorney fee in a civil case appealed to the Supreme Court or the Court of Appeals must file a motion for the allowance of such a fee supported by an affidavit which justifies the amount of the fee sought for services in the appellate court. Each and every recitation of fact, whether in the statement of facts or elsewhere in the brief, shall be annotated to the record in the manner set forth in § 2-109(C); (h)The appellant's brief must contain, under appropriate headings, a summary of the argument, which must contain a succinct, clear, and accurate statement of the arguments made in the body of the brief and which must not merely repeat the argument headings. (4) Briefs of amicus curiae may not be filed without leave of court. Following Nebraska Supreme Court ruling, a dispute over the payout of funds collected on horse racing wagers appears to be back in the hands of the Nebraska State Racing Commission. Nebraska's Supreme Court ruled Friday that Derrick Stricklin, 41, and Terrell Newman, 44, should be allowed new hearings on some claims that their trial attorneys had been ineffective. Except in original actions, the statement of the case shall contain the following, in the order indicated: (1) The kind of action or nature of the case; (2) the issues actually tried in the court below; (3) how the issues were decided and what judgment or decree was entered by the trial court; and (4) the scope of the Supreme Court's review; (e) A separate, concise statement of each error a party contends was made by the trial court, together with the issues pertaining to the assignments of error. In addition to the courts created by the Constitution, the Nebraska judicial system has two other courts â the separate juvenile courts located in Douglas, Lancaster, and Sarpy Counties, and a statewide Workersâ Compensation Court. The print on such briefs shall be black in color, shall be on only one side of each sheet, and may be mechanically reproduced on uncoated white paper by any method which provides a clear and distinct image of the type. The U.S. District Court of Nebraska does not control or guarantee the accuracy, relevance, timeliness, or completeness of this outside information; nor does it control or guarantee the on-going availability, maintenance, or security of these Internet sites. Yahoo News. The Constitution of the State of Nebraska distributes the judicial power of the state among the Supreme Court, Court of Appeals, district courts, and county courts. (6) Citations to textbooks, encyclopedias, and other works shall give the title, edition, year of publication, volume number, section, and page where found. (5) If a current statute is relied upon, it must be cited from the last published revision or compilation of the statutes, or supplement thereto, if contained therein; if not contained therein, to the session laws wherein contained, or the legislative bill as enacted. For supplemental or confidential transcripts, the reference shall be made by setting forth in parentheses either "Supp. P. § 2-102(B) (rev. Ct. R. 6-1433.02. Ct. R. App. (5) A motion for rehearing and brief in support must be filed in the office of the Supreme Court Clerk within 10 days after the release of the opinion of the court or the entry of the order of the court disposing of the appeal. Latest Stories. § 6-1106(e).). NO EXTENSIONS OF TIME WILL BE ALLOWED IN ⦠Each proposition of law shall be followed by a list of supporting authorities. (E) Cases Involving Constitutional Questions. 825, 467 N.W.2d 881 (1991). The Nebraska Supreme Court prescribes standards of conduct for attorneys, and can disbar, suspend, censure or reprimand attorneys who fail to comply with the obligations of a member of the bar. T," followed by the page of the transcript. If the Supreme Court shows great Wisdom and Courage, the American People will win perhaps the most important case in history, and our Electoral Process will be respected again! An original and one copy of said motion for rehearing and brief in support or response to the motion for rehearing are required to be filed in Supreme Court and Court of Appeals cases. In addition to the courts created by the Constitution, the Nebraska judicial system has two other courts â the separate juvenile courts located in Douglas, Lancaster, and Sarpy Counties, and a statewide Workersâ Compensation Court. Authorities cited under any proposition must be quoted or otherwise discussed in the argument; (g) The statement of facts shall be made in narrative form, and shall consist of so much of the substance of the record as is necessary to present the case. (7) An original and one copy of all Supreme Court and Court of Appeals briefs, together with proof of service, shall be filed in the office of the Supreme Court Clerk on or before the date the brief is due. Nebraska Supreme Court Rules. (6) Service of a copy of the brief shall be made either on the opposing party or the attorney of record for the party and upon all other parties participating in the appeal. (3) The cover shall show the Supreme Court number, the case caption listing the plaintiff first (regardless of who is appellant), the county from which the case was brought, the name of the trial judge, the name, address, city, state, zip code, telephone number, e-mail address, and Nebraska attorney identification number of the attorney filing the brief (the name of the law firm, if any, may also appear), and the name of the party for whom the brief is filed. (7) Briefs in advanced cases are due as provided by these rules or as ordered by the court. 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