Effective December 1, 2025 Nebraska Civil Rules
(a) Clerk's Custody.
In general, documents or physical items belonging to the court's paper or
electronic files remain in the clerk's custody throughout a judicial
proceeding.
(b) Viewing and Copying Court Files.
(1) Paper Files.
The public may view files and documents in the clerk's office in
Omaha and Lincoln between 8:00 a.m. and 4:30 p.m. on days when
the courthouses are open for business. Upon request, the clerk's
staff copies public documents for a fee as allowed by 28 U.S.C.
§ 1914.
(2) Electronic Files.
Electronic access to the electronic docket and documents filed in the
System is available to the public at no charge at the clerk's office in
Omaha and Lincoln between 8:00 a.m. and 4:30 p.m. on days when
the courthouses are open for business. Fees to print a paper copy of
an electronic filing and to obtain a certified copy of an electronically
filed document are allowed by 28 U.S.C. § 1914.
(3) Payment for Copies.
Payment must be made when service is requested in cash, by credit
card, or by check or money order payable to "Clerk, U.S. District
Court." Fees apply to copying services for the United States if the
record or paper requested can be electronically accessed. Clerk's
staff cannot make change for cash payments.
(c) Inspecting Physical Evidence.
No one may inspect physical evidence in the clerk's custody, including
photographic negatives, tape recordings, contraband (including drugs and
narcotics, firearms, and ammunition), currency, negotiable instruments,
computer disks or tapes, and other items designated by a judicial officer
except while in the presence and under the control of the clerk. The clerk
may limit or preclude access and copying in order to preserve evidence.
(d) Temporary Withdrawal of Paper Court Files, Exhibits, and Documents.
Effective December 1, 2025 Nebraska Civil Rules
Paper court files, exhibits, documents, and transcripts may not be taken
from the clerk's office or custody without a written order of the assigned
judge. To request permission to check out a court file, exhibit, document, or
transcript, an attorney must electronically file a written motion. If the
assigned judge grants the motion, the attorney may have the court file,
exhibit, document, or transcript upon delivery of a receipt for the file to the
clerk. The attorney must return the court file, exhibit, document, or transcript
when the judge directs or no later than 7 days, in the same condition and
order in which it was filed in the clerk's office. The judge may direct the file,
exhibit, document, or transcript to be returned the next morning.
(e) Permanent Withdrawal of Files and Documents.
Upon a showing of good cause, the court may order an item in a file to be
permanently withdrawn. The clerk may require a party requesting
withdrawal to provide a copy of the item for certification and a receipt for the
original. The certified copy and receipt are filed in lieu of the original, and
the party receiving the original must pay the clerk any costs.
(f) Withdrawal or Destruction of Exhibits at Case Conclusion.
(1) Withdrawal.
After trial or as soon as possible, but within 14 days after a verdict is
rendered or a judgment is entered, the offering attorney must
withdraw all exhibits in the clerk's custody and give the clerk a receipt
for the exhibits.
(A) Duty to Retain Exhibits.
An attorney must:
(i) retain exhibits withdrawn from the clerk's custody for at
least 1 year after the judgment is final and is therefore
no longer subject to appellate review;
(ii) preserve the retained exhibits in the same condition
they were in when offered into evidence;
(iii) if an opposing attorney requests the exhibits, make
them available for examination and use at reasonable
times and places; and
(iv) upon request, promptly return the exhibits to the clerk.
Effective December 1, 2025 Nebraska Civil Rules
(B) Sanctions.
Sanctions may be awarded for the failure to abide by this rule.
Despite entry of judgment, the court retains jurisdiction over
the parties and attorneys for purposes of enforcing this rule.
(2) Destruction.
After the judgment is no longer subject to appellate review, the
attorney may destroy or otherwise dispose of the exhibits without
further authorization. If the attorney does not claim and withdraw the
exhibits, the clerk may destroy or otherwise dispose of any exhibits
not claimed and withdrawn. On the date the clerk destroys the
exhibits, the clerk enters a remark on the docket sheet reflecting the
date of destruction.
