Nebraska Court Case Lookup
In Nebraska, a Court Case also called a lawsuit is a legal action taken to resolve disputes between two opposing parties either by using the court system or other legal means of resolution. It usually involves two parties: the plaintiff and the defendant. Each party can be made up of one or more individuals or organizations.
The Nebraska Court System is made up of several courts with general or limited jurisdiction over civil and criminal cases. These include:
- Federal District Court with general jurisdiction over civil and criminal cases.
- Federal Bankruptcy Court with jurisdiction to resolve all bankruptcy-related matters.
- Supreme Court is the state court of last resort and handles all appeals transferred from the appeal court. It oversees the judicial system in the state and ensures the rule of law is duly followed
- The Court of Appeals is the state intermediate appellate court that hears appeals from trial courts and reviews their decisions.
- Trial Courts: The trial courts consist of
- Nebraska District Courts: There are 12 district courts spread across Nebraska. They are courts with general jurisdiction over civil and criminal cases and also handle appeals from county courts.
- Nebraska County Courts resolve cases relating to small claims, cusmisdemeanorsadoption, violation of ordinances, some juvenile cases and misdemeanours. They also decide civil cases involving damages not more than $57,000.
- Separate Juvenile courts have restricted jurisdiction over juvenile cases. Only Douglas, Lancaster, and Sarpy counties have separate juvenile courts. In other counties, juvenile matters are decided in the county courts.
- Worker's Compensation Court resolves disputes under the Nebraska Workers' Compensation Act.
- Problem-Solving Courts are special divisions of district courts that handle cases such as domestic disputes, drug-related charges, and community issues. Problem-solving courts consist of specialized drug courts, domestic violence courts, community courts, family treatment courts, DUI courts, and mental health courts.
Interested individuals can look up court cases in Nebraska by submitting a request to the clerk of the court that decided the case. Requesters can either visit the clerk of the court's office in person or mail a written request containing the names of parties or case numbers to inspect and obtain copies of court cases. The location of the clerk of the court's office for the various courts in Nebraska is available in the Court Directory.
There are also authorized online platforms such as JUSTICE, PACER and SSCALES provided by the court system for accessing court case records online. Requesters should note that conducting a court case lookup in Nebraska usually has charges attached depending on the type of information sought after. It is important to note that there are also third-party websites that provide these records online at a cost although such records are not always reliable.
Are Court Cases Public Record in Nebraska?
Yes, court cases are public records in Nebraska per the Nebraska Public Records Law. Thus, interested persons may access and obtain copies of these records. However, Nebraska law exempts certain documents from the public, particularly records that contain sensitive personal information, medical records, law enforcement records, trade secrets, security-related information, credit information, archaeological records, and employment records.
Can I Get Nebraska Court Case Documents Online?
Yes, interested individuals can obtain court case documents online. The Nebraska Judicial Branch makes use of a case management system called JUSTICE. This system provides online access to trial case records and information across the state. Individuals who wish to carry out a one-time search using a party name can use the JUSTICE One-Time Court Case Search at a $15.00 charge per search and can be used to search for 30 records. The information contained on the website includes the name of the parties involved in the case, the verdict, the presiding judge, and general details regarding the case.
Note that actual court documents are not available on the platform. Individual requesters and organizations can also create a subscription account which allows them to carry out multiple and frequent searches with a $100.00 annual subscription fee attached. This subscription account permits up to ten usernames and passwords to be assigned to one account. Search criteria needed to access information from this online system includes party name, court type, case type/subtype, judgment, judge, attorney, case number and judgement date. Inspecting details returned for each search attracts an additional cost of $1.00, but there is no additional charge for accessing images of documents and records.
Likewise, the Public Access to Court Electronic Records (PACER) is another case management system authorized in Nebraska that provides case information that dates back to 1991 over the internet. Similarly, the Nebraska Judgment Case Search allows users to find court records for free, but individuals who choose to view case details will pay a $1.00 fee. Users must create an account to use this service.
Nebraskans and other interested persons can obtain records of court cases from the two appellate courts using the SCCALES case management system. Users may search for cases of interest by appellate case number or trial case number and pay a $1 to access the requirered record.
How to Conduct a Nebraska Court Search by Name
To conduct a Nebraska Court Search by name, one would need the full name of the parties involved in the case. The inquirer can visit the clerk of the Clerk's Office in the court that decided the case and search for the records in person. Another option is to send a written request containing the name of the parties involved in the case by mail to the court Clerk's Office and request the records filed under the name. Requesters can also make use of online platforms provided by the Clerk's Office to access these records by inputting the party name.
What is a Court Case Number?
A court case number is a unique means of identification assigned by a Court Clerk to cases filed in that court. It is displayed on all official documents linked to a case and is used to distinguish the case as it passes through the court system (from filing to disposal).
A case number usually consists of letters, numbers and characters (e.g a hyphen, or slash), and its format is determined by the court where the case was filed. A case number helps the court to track and differentiate cases. It can also be used by parties involved in a case, their attorneys, and members of the public to retrieve case documents and information.
How to Conduct a Case Number Search in Nebraska
A case number search entails that a requester must possess the relevant case number (or a case party's name in situations where the case number is unknown), which will be used to retrieve case information and documents. One way to conduct a case number search in Nebraska is by visiting the courthouse that filed the case to search for cases using the case number.
There are also online platforms provided by the Clerk's Office for virtually conducting case number searches. Inquirers who cannot visit the Clerk's Office physically or make use of online options can also send a request mail containing the case number to the Clerk's Office and allow them to search.
How to Remove Court Cases From Public Record in Nebraska
Expungement or sealing are both ways of removing court cases from public records. However, in Nebraska, there is no provision for expungement of any court records that led to the conviction. Only Juvenile court records are eligible for expungement in Nebraska.
Nevertheless, records of arrests may be set aside or pardoned if they didn't result in a conviction. The two processes of removing court cases involving convictions from public records in Nebraska are:
- Pardon: This is formal forgiveness granted by the Board of Pardons to individuals with conviction records. The individual will need to submit a pardon application to the board. The procedure involved in applying is stated on their website.
- Set-aside: This is an order by a judge to nullify a conviction in a criminal case. The decision to set aside a case is based on the discretion of the presiding judge and doesn't erase such records. It only adds "set aside" to such records and restores some privileges to the convicted individual.
Individuals with more than one conviction will need to apply for setting aside each one separately. Before setting aside a criminal conviction a judge will consider these factors:
- If the offender has had any criminal convictions since the conviction being considered for "set aside".
- Previous sentence and probation completion including paying all fines and restitutions required by the court.
- Whether it appears likely the convicted individual will be law-abiding in the future.
- The length of time between the last criminal offence and the request for a set-aside.
- The set-aside is in the best interest of the offender and "consistent with the public welfare".
Some Information required to request a Conviction Set-Aside include:
- The date of the offense
- The actual criminal charge
- The outcome of the criminal charge (guilty, not guilty)
- Previous sentence (probation, fines, jail)
- Proof of completion of sentence
Requesters who do not have copies of their court records can get information about their criminal history by:
- Obtaining a copy of the criminal history through the Nebraska State Patrol for a fee
- Doing a one-time court case search of Nebraska Court records at a cost
- Going to the courthouse(s) that issued the sentence and using the public access terminal to get information about such records. There is a charge for copies provided by the court.
To apply for a Set aside the individual should:
- File the original petition with the clerk of court in the County or District Court where the original conviction was filed.
- Keep a copy of the petition and
- Serve the prosecutor a copy of the petition
- Pay the stipulated fees as required.
The Clerk’s Office then schedules the petition for hearing and mails a copy of the notice stating the hearing date and time to the petitioner.
How to Check a Court Case Status in Nebraska
To check a court case status in Nebraska, interested individuals can visit the court in which the case was filed and check with the clerk. They will need to provide the case number or name of the parties to track the status of the case. Requesters can also track the case status using the date of trial and the name of the judge deciding the case.
PACER, JUSTICE and SSCALES are also online platforms through which the status of a court case can be accessed. Furthermore, there is the option to obtain this information via mail from the court in charge of the case. It is important to note that information regarding court records usually has charges attached to them.
How to Find Supreme Court Decisions in Nebraska
Supreme Court decisions or Opinions are public records in Nebraska and are accessible to members of the public. These opinions can be assessed online using the authorized website provided by the Appellate Courts. Supreme Court decisions can also be obtained from the appellate court clerk in person or via mail:
Clerk of the Supreme Court and Court of Appeals
2413 State Capitol
1445 K Street
Lincoln, NE 68509
P.O. Box 98910
Phone: (402) 471-3731
Fax: (402) 471-3480
What Percentage of Court Cases Go to Trial in Nebraska?
Although a large number of cases are filed yearly across the courts in Nebraska, only a small percentage of these cases make it to trial. Most of the cases are resolved before trial or dismissed for various reasons. Per Nebraska Judicial Branch annual reports, in 2017, 42,215 cases were filed in the District Courts; 4,680 juvenile cases were filed in the Separate Juvenile Courts and 330,818 cases were filed with the County Courts.
How Long Does a Court Case Last in Nebraska?
The length of a case is usually measured from the time of filing to the date the trial court entered its judgment. Generally, a misdemeanor prosecution takes about two to six months to resolve unless the case is going to trial in which case it could take longer. A minor felony typically takes six months to a year without a trial and a major felony can easily take over a year to resolve even if the case is not going to trial.
In Nebraska, there is a stipulated time standard for the disposition of cases in district and county courts.
A few reasons can prolong the length of a court case, such as:
- Level of Offense: Although there are exceptions to this rule, as a general rule it takes longer to prosecute felonies than it does to prosecute misdemeanors. Within the felony classes, higher felonies, such as murder, often take longer than lesser felonies, such as repeat drinking and driving.
- Co-defendants: If there are co-defendants involved in a case it may take longer to prosecute than it would if there was only one defendant.
- Court Congestion: All cases are at the mercy of a court calendar. If the court is congested it may be difficult to get into court to resolve issues in the case or to get a trial date.
- Plea Bargain: If an offender decides early on in the case to negotiate a plea bargain with the prosecutor it can speed up the disposition of such a case tremendously.
- Settlement: If parties in a civil case settle before trial, the length of the case is shortened.
- Reserved Judgments: the decision of a judge to reserve a judgment usually lengthens the case period.
How to File a Case in Court in Nebraska
Filing a case in a Nebraska Court varies depending on the type of case and the procedure available in the court. Most Civil Court Cases can be filed electronically but plaintiffs can file a complaint in person at the Clerk’s Office. Civil cases typically go through the following process:
- Filing the Complaint: Generally, civil legal action is started with the filing of the complaint. The complaint states the facts and legal basis for the lawsuit by profiling the opposing parties, allegations, and legal jurisdiction.
- Service: After a complaint is filed in a Nebraska court, a summons will be issued by the court clerk and it must be served to the opposing party by the plaintiff six months from the date of issuance, or the case will be dismissed by the court. There are charges attached to the filing of cases in a court that must be paid upfront before filing.
- Response: If the complaint and summons are properly served to the other party, the defendant has a period of 30 days to respond to the complaint. Most often, the response could be a motion to dismiss, which states the reasons why the case should not proceed, such as filing in a court without jurisdiction, non-compliance to the statute of limitations or a cross-complaint.
- Discovery: This is the next step after the preliminary rounds of service, responses, and filing of motion are concluded. In this phase, each party can request documents, depositions, and file motions to retrieve all of the necessary information needed to further strengthen their case. If a case is still sustained after the process of motions and discovery, it is then eligible for trial in a law court.
- Alternate Dispute Resolution: However, there are different forms of alternative dispute resolution, such as settlement conferences and mediation hearings, that both parties can engage in to resolve the dispute. Nebraska has six court-approved mediation centers located throughout the state to assist individuals to settle disputes outside of the court system before proceeding with the trial.
- Trial: If both parties are unable to settle, the case will then go to trial and a judgment by the jury will be the resolution.
Meanwhile, filing a small claims case in Nebraska begins with filing a claims form (CC 4:1) for a fee. This form is available at the clerk of the county court's office. The defendant upon receiving a notice of the small claims filing may file a "counterclaim" or "setoff" (CC 4:2) with the court. Both parties are expected to try alternative resolution methods before proceeding with the jury trial to get a verdict.
What Does It Mean if a Court Case Was Resolved Before the Trial Date?
If a court case is resolved before the trial date, it simply means the case was decided upon using other means different from a bench trial. This usually occurs if the opposing parties involved in a civil case settle without trial proceedings or if a defendant charged with violating the law accepts a more lenient sentence in a plea bargain.