(a) Setting Trial.
The court may issue occasional orders or communicate by e-mail to all
affected attorneys of record regarding trial settings. Attorneys must keep
informed of the progress of the court's business and be ready when their
cases are reached. The district court annually determines trial sessions in
North Platte by general order.
(b) Request for Place of Trial; Form.
The plaintiff at the time of filing a complaint in a civil action, or the removing
party at the time of filing a petition for removal, must request trial in Omaha,
Lincoln, or North Platte. For cases filed electronically, the place of trial
selected on the CM/ECF filing system during case opening will serve as the
plaintiff's (or removing party's) designated place of trial. Each defendant or
third-party defendant at the time of filing that defendant's first pleading in a
civil action, or the plaintiff in a removed action, within 14 days after service
of the notice of removal, may file a written request for trial at Omaha,
Lincoln, or North Platte. A request for a place different from that requested
by the plaintiff, third-party plaintiff, or removing party must be filed as a
motion. Any other party then has 14 days to respond.
(1) Conflicting Requests.
Conflicting requests may be resolved without oral argument. Except
for cases governed by the special rules for the Nebraska docket and
the death penalty, see NEGenR 1.4(a)(5)-(6), a judge considers the
convenience of the parties, lawyers, witnesses, other related
matters, and the interests of justice.
(2) Amended Request.
A party may amend an initial or opposing request for place of trial at
any time based on a change in material circumstances.
(c) Calendaring Cases.
The clerk calendars a case according to the initial request. If the parties
make no initial request, the clerk calendars a case in the city where the case
is filed.
Effective December 1, 2025 Nebraska Civil Rules
(d) Trial Judge's Designation of Place of Trial.
When circumstances and the interests of justice warrant, the judge to whom
the case is assigned may at any time prior to trial designate a place of trial
different from that requested by the plaintiff, third-party plaintiff, or removing
party. The trial judge shall state the reasons for designating a different place
of trial in an order or on the record. In such event, the parties shall have the
opportunity to respond either in writing or on the record. Such responses
must be filed within 14 days of the trial judge's designation of a different
place of trial unless the trial judge specifies a shorter time within which
responses must be filed or entered on the record.
