Nebraska Courts
Law and order in Nebraska is enforced and ensured by the judicial branch as well as the executive and legislative branches of the Nebraska state government. The state's judiciary is critical to the enactment of state law and the penalization of offenders.
The courts recognized by the Constitution of Nebraska are the Supreme Court, Court of Appeals, District Courts, County Courts, and other courts established by the Legislature - the Separate Juvenile Courts and Workers' Compensation Court.
The Nebraska Supreme Court hears appeals and performs an administrative leadership role for the judicial system in the state. It is mandated to review all cases regarding constitutional questions, the death penalty, and life imprisonment sentences. The Supreme Court oversees the practice of law and ensures that it is correctly applied at all levels of the state courts. There are seven justices in the Nebraska Supreme Court, one Chief Justice, and the others are associate justices. The Supreme Court has a primary responsibility of reviewing the decisions previously made on cases heard at the Court of Appeals if appealed. It is the state's court of last resort.
Most decisions deemed unfair regarding cases heard by Nebraska lower courts are appealed at the Nebraska Court of Appeals. Six judges sit on the Court of Appeals, one of whom is selected to serve as a Chief Judge for a 2-year renewable term. The court operates two separate panels consisting of three judges each. Cases decided by each panel differ, making the process of appeals faster.
The Nebraska District Court is a trial court of general jurisdiction. It serves as an appellate court in deciding on appeals from County Court cases and many administrative agencies. Most criminal and civil cases of all kinds may be initiated and heard at this court. The clerk of the District Court in each county of the state is usually the administrative officer of the court.
The Nebraska County Court is the state's trial court of limited jurisdiction. It has convergent jurisdiction with the District Court on specific divorce cases and civil cases involving $57,000 or less, misdemeanor criminal and traffic violations. The County Court handles cases of probate, adoption, small claims, guardianship, and municipal ordinance violation. Most juvenile cases are heard by the County Court, save Lancaster, Douglas, and Sarpy Counties, where such matters are handled by the Juvenile Court.
The Separate Juvenile Court hears juvenile matters in Douglas, Sarpy, and Lancaster Counties only. Juvenile cases in other counties within the state outside these three are tried by the County Courts. The Separate Juvenile Court primarily handles matters affecting delinquent, dependent, and neglected minors. The Nebraska Workers' Compensation Court has original jurisdiction over all claims regarding workers' compensation benefits stemming from sicknesses or occupational injuries. The court has seven judges who can sit in any part of the state.
Nebraska's judicial branch also comprises federal appellate courts which hear the state's federal cases and represent the federal judiciary in that jurisdiction. Each court operates an administrative office which generate maintain Nebraska court records, offering an official account of all cases heard in its court.
What is the Nebraska Supreme Court?
The Nebraska Supreme Court was established in 1875. It is Nebraska's highest court. The Supreme Court oversees the practice of law in the entire state and supervises the admission and discipline of attorneys. The state has six judicial districts. Seven justices are sitting on the Nebraska Supreme Court, one of whom serves as the Chief Justice. The others are associate justices, each representing a judicial district. A potential candidate for service on the Nebraska Supreme Court must be a U.S. citizen who must have practiced law in the state for at least five years. Such persons must not be less than 30 years old and must be licensed to practice law before the court. The Nebraska Supreme Court has exclusive jurisdiction over cases involving sentences of life imprisonment, death sentences, or objections to the constitutionality of state laws. The court also has discretionary authority over legal matters appealed from the Court of Appeals. A majority of the justices sitting can pronounce a decision except in cases that involve the validity of the act of the Nebraska Legislature.
Nebraska Court of Appeals
The Nebraska Court of Appeals comprises six judges from which a Chief Judge is selected to serve a 2-year renewable term. It was established on September 6, 1991, as an intermediate appellate court by a constitutional amendment approved by Nebraska voters. The judges are divided to constitute two panels, each with three members. These panels preside over and decide separate cases to prevent delays in the processing of appeals. However, their composition is not permanent. The Court of Appeals Judges are appointed from the six judicial districts of Nebraska.
Individuals seeking to appeal a lower court decision must do so directly to the Nebraska Court of Appeals, except such cases involve life imprisonment or death sentences. These cases and those challenging the validity of state laws can be appealed directly to the Nebraska Supreme Court. Parties in a case appealed to the Court of Appeals may file a petition to bypass the court with the Nebraska Supreme Court. The Supreme Court may grant such petitions if it finds it necessary, and the case will be transferred to the Supreme Court without being heard at the Court of Appeals.
Nebraska District Court
The Nebraska District Court is a court of general jurisdiction, and there are 12 of them in the state covering all 93 counties. It is a trial court with original jurisdiction in equity cases, domestic relations cases, all felony cases, and civil cases involving amounts more than $57,000. The District Court also performs appellate functions over some cases from the Nebraska County Court and appeals from the state's administrative agencies. The court only reviews the evidence and testimony from administrative agencies or the County Court in its capacity as an appellate court to rule on an appeal. Below is the distribution of the 12 District Courts by counties in Nebraska:
- 1st Judicial District - Otoe, Gage, Jefferson, Thayer, Fillmore, Pawnee, Nemaha, Richardson, Saline, and Johnson
- 2nd Judicial District - Sarpy and Cass
- 3rd Judicial District - Lancaster
- 4th Judicial District - Douglas
- 5th Judicial District - Boone, Merrick, York, Hamilton, Butler, Nance, Platte, Polk, Saunders, Seward, and Colfax
- 6th Judicial District - Dodge, Cedar, Washington, Dixon, Burt, Thurston, and Dakota
- 7th Judicial District - Antelope, Cuming, Knox, Madison, Pierce, Stanton, and Wayne
- 8th Judicial District - Blaine, Boyd, Brown, Cherry, Custer, Garfield, Greeley, Holt, Howard, Keya Paha, Loup, Rock, Sherman, Valley, and Wheeler
- 9th Judicial District - Hall and Buffalo
- 10th Judicial District - Adams, Clay, Franklin, Harlan, Kearney, Nuckolls, Phelps, and Webster
- 11th Judicial District - Arthur, Chase, Dawson, Dundy, Frontier, Furnas, Gosper, Hayes, Hitchcock, Hooker, Keith, Lincoln, Logan, McPherson, Perkins, Red Willow, and Thomas
- 12th Judicial District - Banner, Box Butte, Cheyenne, Dawes, Deuel, Garden, Grant, Kimball, Morrill, Scotts Bluff, Sheridan, and Sioux
Each county in Nebraska has a clerk in the District Court who also serves as administrative staff in the court. According to Nebraska law, counties with at least 7,000 residents must have an elected clerk in the District Court. However, the District Court Judge and the county board in counties with less than a population of 7,000 may decide whether to have a clerk of the District Court or not.
Nebraska County Court
The Nebraska County Court is a trial court with limited jurisdiction. Each county of the state has a District Court, implying 93 of these courts in the entire Nebraska. The District Court handles cases such as municipal ordinance violation, probate, adoption, and preliminary hearings in felony cases. They also try civil cases involving $57,000 or less and some juvenile matters. However, the Separate Juvenile Court handles juvenile cases in Lancaster, Douglas, and Sarpy Counties.
Nebraska Separate Juvenile Court
The Nebraska Separate Juvenile Court is responsible for hearing juvenile matters in Douglas, Lancaster, and Sarpy Counties. The District Courts in the other 90 counties handle all juvenile-related cases. These cases usually involve domestic relations where the care, support, or custody of minors is an issue.
Nebraska Workers’ Compensation Court
The Nebraska Workers' Compensation Court has the obligation of applying and enforcing all the provisions of the Nebraska Workers' Compensation Act. It has seven judges who move around the state to hear cases involving claims for workers' compensation benefits resulting from illnesses or occupational hurts. Decisions made at this court may be appealed at the Nebraska Court of Appeals.
What are Appeals and Court Limits in Nebraska?
Any party in a legal case that is not satisfied with a lower court decision may request that a higher court review such a decision through a process known as an appeal. The State of Nebraska operates a two-tiered appellate court structure. The Supreme Court is the court of last resort, while the Court of Appeals serves as an intermediary appellate court. The Court of Appeals corrects the errors of law made by the trial courts. The Supreme Court, on the other hand, reviews the decisions of the Court of Appeals and hears some appeals directly from the trial courts. Both Nebraska appellate courts have concurrent appellate jurisdiction in almost all types of cases relating to appeals from criminal, administrative, and civil matters. However, the Nebraska Supreme Court has sole jurisdiction over appeals involving capital cases and those faulting state laws constitutionality.
The Nebraska Supreme Court may move cases between its dockets and those of the Court of Appeals as it considers suitable. Nevertheless, most appeals are initially filed in the Court of Appeals. The Nebraska appellate courts grant oral arguments as of right in most cases, with a few exceptions, however. Verbal arguments cannot exceed ten minutes per side (appellant and appellee) in any civil or criminal case. In first and second-degree murder cases, oral arguments could go on for a maximum of 20 minutes per side. There are seven justices of the Nebraska Supreme Court, and they hear all of the court's cases en banc. The six judges at the Nebraska Court of Appeals hear cases in panels of three members. The combination of judges in each of the panels changes monthly to avoid compromise.
A notice of appeal in Nebraska must be filed within 30 days after the entry of the lower court decision. A person who intends to file an appeal must do so with the trial court clerk and pay the required fees. Any party who wants to file an appeal with the Court of Appeals must specifically request an appeal to the Supreme Court. However, a citation to statutory authority permitting a direct appeal must accompany such notice.
How Do I Find My Case Number in Nebraska?
A case number is a unique identifier of a court case. It is assigned at the point of filing a lawsuit to differentiate it from the court's previous or future case files. Interested persons can retrieve their court case numbers online or by visiting the courthouses hearing such cases. The JUSTICE one-time court case search system can help anyone find their case numbers in the State of Nebraska. Searching this online database with their names will return a handful of information, including case numbers. Additionally, the Nebraska Judgment Case Search offers members of the public a platform to search Nebraska court cases. To find a case number using this portal, interested individuals can search using the court type, case type, and a few other criteria to streamline search results. Such individuals can then retrieve their case numbers from the search results. Anyone who wants to engage a courthouse to find a case number must be sure to have ample information to facilitate a smooth search.
Does Nebraska Hold Remote Trials?
Yes, but not to a full capacity. Although the outbreak of the coronavirus pandemic forced many states to close their courts, Nebraska courts have remained open. The Chief Justice of the Nebraska Supreme Court issued an order mandating all courts to open while also putting some measures in place to prevent the spread of the virus. The decision on how to manage courtroom proceedings was left at the discretion of each presiding judge. Some counties in Nebraska are holding proceedings remotely, by video teleconferencing and telephone conferencing. Others still have in-court hearings but under strict compliance to COVID-19 safety protocols. However, the state's civil and criminal jury proceedings have been practically on hold for most courts since the beginning of the pandemic.
