Section 6-1452 - Appeals taken from the county courts(A) Appeals from County Court to District Court.(1) Transcript of pleadings; how ordered. (a) Appellant shall file a request for preparation of the transcript of pleadings at the time of filing the notice of appeal. The request shall designate the pleadings to be included in the transcript by listing the name of the pleading and its date of filing.(b) The transcript shall contain the following:(i) In criminal cases, the complaint and arraignment sheet, or other entry showing the plea entered. In civil cases, a copy of the last amended complaint and last amended answer;(ii) The judgment, decree, or final order sought to be reversed, vacated, or modified, and the county court's opinion, if any;(iii) Copies of the notice of appeal and request for transcript, and copies of the request for bill of exceptions, and the application to proceed in forma pauperis and accompanying poverty affidavit if those documents were filed;(iv) A copy of any bond or undertaking, and any approval thereof, given in the county court; and(v) Any other parts of the county court record which appellant believes to be necessary. Only those portions of the record which are material to the assignments of error may be requested. Requests must be made in the manner set out in § 6-1452(A)(1)(a).(c) In appeals to the district court involving small claims cases, the county court shall certify the complete transcript of pleadings to the district court if the appellant is not represented by counsel. (d) A party must raise the absence in the transcript of a mandatory document required by § 6-1452(A)(1)(b) prior to submission of the appeal for decision by the district court, unless the district court orders otherwise.(e) If a request is made for documents not present in the record of the case, the clerk shall certify that absence to the district court clerk using JUSTICE procedures. The clerk may not include, without specific written request, a copy of any document not required under this rule. The clerk shall, upon request, certify that the record does not contain a described document.(2) Transcript of pleadings; form. The transcript shall be in electronic form and created using JUSTICE procedures. Each document in the transcript shall bear a clear and distinct stamp or writing showing the date the document was filed by the clerk of the trial court.(3) Payment for transcript. The party making the request shall pay the cost of the transcript the party is proceeding in forma pauperis.(4) Supplemental transcript. After the original transcript is filed in the office of the clerk of the district court, any party may, without leave of court, request a supplemental transcript containing matters omitted from the original transcript and which are necessary to the proper presentation of the case in the district court. (a) The request for a supplemental transcript shall be in the same form prescribed in § 6-1452(A)(1)(a).(b) Supplemental transcripts shall be filed within 10 days after the county court receives the request, unless the district court has extended the due date.(c) Supplemental transcripts shall be in the form prescribed in § 6-1452(A)(2).(d) No change in the original or supplemental transcript shall be made after filing, without leave of the district court.(5) Cases previously appealed. When a final order is appealed in a case which was previously appealed, the transcript may contain pleadings already on file in the district court.(6) Statement of errors. See Neb. Ct. R. § 6-1518. (B) Bills of Exceptions. (1) Making and preserving the record; duty. (a) "Court reporting personnel," as defined in Neb. Ct. R. § 1-204(A)(1), shall in all instances make, or cause to be made, a verbatim record of the evidence offered at trial or other evidentiary proceeding, including but not limited to objections to any evidence and rulings thereon, oral motions, and stipulations by the parties. This record may not be waived.(b) Upon the request of the court or of any party, either through counsel or by the party if appearing in a self-represented capacity, the court reporting personnel shall make or have made a verbatim record of anything and everything said or done by anyone in the course of trial or any other proceeding, including, but not limited to, any pretrial matters; the voir dire examination; opening statements; arguments, including arguments on objections; any motion, comment, or statement made by the court in the presence and hearing of a panel of potential jurors or the trial jury; and any objection to the court's proposed instructions or to instructions tendered by any party, together with the court's rulings thereon, and any posttrial proceeding.(c) Absent a request as provided in subsection (b) above, any party may request the court reporting personal to make or have made a verbatim record of any particular part of portion of the proceedings not required by subsection (a) above, and the court reporting personnel shall comply with such request.(d) Any request under subsections (b) or (c) above shall be made either in a writing filed with the clerk of the trial court or on the record in open court. In the absence of a request in such manner, it shall be conclusively presumed that no such request was made.(2) How ordered. An appellant may order a bill of exceptions by filing a request with the clerk of the county court at the time the notice of appeal is filed. The request shall specifically identify each portion of the evidence and exhibits offered at any hearing which the party appealing believes material to the issues to be presented for review. At the same time, the appellant shall serve a copy of the request upon all parties. Failure to file such a request at the same time the notice of appeal is filed shall be deemed as a waiver of appellant of the right to request a bill of exceptions and court reporting personnel shall not begin preparation of the bill of exceptions until leave is given to file a request out of time.(3) Payment. Except in cases where payment of the cost of preparing the bill of exceptions will be paid by the state, county, or other governmental subdivision, the cost to prepare the bill of exceptions shall be estimated by court reporting personnel. The estimate shall be provided to the party making the request within 7 days of receipt of the notice of appeal and request to prepare the bill of exceptions. (a) The appellant shall deposit the amount of the estimated cost with the clerk of the county court within 7 days after receipt of the estimate. The trial court clerk shall notify the district court and the court reporting personnel when the deposit is made. Preparation of the bill of exceptions will not begin until the payment of the estimate is received.(b) If the appellant fails to pay the deposit on time, the clerk magistrate shall forthwith file a notice of such failure with the district court and to the court reporting personnel responsible for making the record that the deposit has not been made. Thereafter, unless leave of the district court for an extension of time is granted for good cause shown, the appeal shall proceed as if no bill of exceptions had been requested. Appellant's time shall not be stayed by failure to make the deposit on time.(4) Supplements. If the appellee believes additional evidence should be included in the bill of exceptions, the appellee may, within 10 days after service of the request for bill of exceptions filed by the appellant, file a supplemental request for preparation of a bill of exceptions with the clerk of the county court. At the same time, a copy of the supplemental request shall be served upon all parties. The supplemental request shall be processed in the same way as the initial request.(5) Preparation and delivery.(a) The bill of exceptions shall be prepared by the court reporting personnel in accordance with Neb. Ct. R. App. P. §§ 2-105.01 and 2-105.02.(b) The following time limits apply unless an extension of time is approved by the district court in accordance with these rules. The time period begins on the date estimate is due to be paid by appellant in the county court. | Criminal trials | 7 weeks |
| Civil trials | 7 weeks |
| Preliminary hearings in felonies | 3 weeks |
| Guilty or nolo contendere pleas | 3 weeks |
(c) Request for Extension. If the bill of exceptions cannot be prepared within the time allowed by § 6-1452(B)(8)(b), the district court may grant additional time for preparation. (i) The court reporting personnel shall file a request with the clerk of the district court for additional time at least 7 days prior to the date the bill of exceptions is due to be filed.(ii) The request shall specify the length of time requested for the extension and shall bear the signature of the court reporting personnel. A certificate of the court reporting personnel shall accompany the request for extension of time and shall set forth the reasons why the bill of exceptions cannot be completed by the date due.(iii) Copies of the request shall be served on all parties to the action or their attorneys at the time the request for extension of time is filed, and a copy delivered to the county court judge who heard the matter.(iv) The district court shall rule upon the request as soon as possible. The clerk of the county court shall be notified of the decision as soon as possible, but not later than 2 business days after the decision.(v) Requests for extension shall be allowed only upon a showing of good cause, and first extensions of time shall not be routinely granted.(6) Settlement, signature, and allowance. When the bill of exceptions has been prepared, it shall be reviewed to determine whether the bill of exceptions conforms to applicable rules and is an accurate transcription of the recording of the proceedings. Those persons who complete the review shall make the following certifications: (a) The court reporting personnel shall sign a certificate certifying that it conforms to the applicable rules and is an accurate transcription of the recording. The court reporting personnel shall include the certificate with the bill of exceptions. The court stenographer or court reporting personnel shall transmit the bill of exceptions to the court clerk using the court reporting personnel filing portal through the court authorized service provider.(b) Once the bill of exceptions is received, and prior to filing, the clerk shall certify that the recording of the proceedings was in the custody and/or under the control of the court at all times and shall state the recording from which the bill of exceptions was made is the official record of the proceedings in the case in the county court.(c) All signatures shall be as set forth in § 2-211.(7) Filing. The bill of exceptions shall be filed in the county court, and a copy thereof transmitted to the district court using JUSTICE procedures. The bill of exceptions shall be the official record of the proceedings in the county court and shall be considered by the district court on appeal without being offered and received into evidence.(8) Alternate preparation. If the court reporting personnel is unable to prepare and certify a bill of exceptions, or if a bill of exceptions cannot be prepared and certified under provisions contained elsewhere in these rules, the bill of exceptions shall be prepared under the direction and supervision of the trial judge and shall be certified by the judge and delivered to the clerk for filing.(9) Amendments to the bill of exceptions. The parties in the case may amend the bill of exceptions by written agreement at any time prior to the time the case is submitted to the district court. An amended bill of exceptions shall be prepared and transmitted in electronic format as provided by this rule, and the agreement shall be included with the amended bill of exceptions. Proposed amendments not agreed to by all the parties to the case shall be heard and decided by the county court after such notice as the court shall direct. The order of the county court thereon shall be included with the bill of exceptions prior to the time the case is submitted to the district court. Hearings with respect to proposed amendments to a bill of exceptions may be held at chambers anywhere in the state. If the judge shall have ceased to hold office, or shall be prevented by disability from holding the hearing, or shall be absent from the state, such proposed amendments shall be heard by the successor judge, or by another county judge in the district, or by a county judge in an adjoining judicial district.(10) Notice of district and appellate court action. After notification and transmission of the mandate from the district court or appellate court to the county court, the county court shall spread the mandate.(11) Settlement of Case. The party requesting the preparation of the bill of exceptions may, at any time before the bill of exceptions is completed, file with the clerk magistrate a written notice advising the court that settlement has been reached. Upon receipt of the notice, the clerk magistrate shall provide the notice to the court reporting personnel and to the district court clerk. The clerk magistrate shall record such action on the register of actions. Upon receipt of such notice, court reporting personnel shall cease any further work upon the bill of exceptions. Court reporting personnel shall be entitled to payment by the party ordering such bill of exceptions for the work performed up to the time that such notice was sent to the court reporting personnel and rules with regard to payment of the fees to the court reporting personnel for the bill of exceptions, as otherwise provided herein, shall apply.(12) Any request for preparation of a bill of exceptions or supplemental request for bill of exceptions filed after January 1, 2022, shall be governed by these rules regardless if the matter was held, heard, or determined prior to January 1, 2022.(C) Direct appeals from county courts to the Court of Appeals or Supreme Court. The Supreme Court and Court of Appeals Rules of Appellate Practice, Neb. Ct. R. App. P. § 2-101 et seq., shall be followed in appeals from the county courts. (1) Payment of docket fee. The docket fee in the Court of Appeals or Supreme Court set by Neb. Rev. Stat. § 33-103 shall be first deposited with the clerk of the county court, who shall record receipt of the fee. The clerk of the county court shall then submit the fee to the Clerk of the Supreme Court and Court of Appeals for the docket fee. If the county is to pay the fee (filing in forma pauperis), then the docket fee is not prepaid.(2) Processing appeals in the Court of Appeals or Supreme Court. Appeals from the county court will be processed in the same manner as other appeals. The county court transcript shall be certified by the clerk as a true copy of the proceedings contained therein. See.(3) Notification of decision. The county court will be officially notified of the action of the appellate court through the mandate issued by the Clerk of the Supreme Court and Court of Appeals.Rule 52(A)(7) amended October 27, 1993; Rule 52(A)(3)(d) and (C)(3)(d) and (C)(4) amended April 13, 1994; Rule 52(C), (C)(1), (C)(1)(d), (C)(2), (C)(3), (C)(4), and (C)(5) amended June 2, 1994; Rule 52(C), (C)(3)(d), and (C)(4) amended January 31, 1996; Rule 52(C)(1)(c) amended September 17, 1997; Rule 52(A)(2)(a) (iii) and (C)(3)(e) amended October 14, 1999. Renumbered and codified as § 6-1452, effective 7/18/2008; §§ 6-1452(A)(4)(a) and (B)(7)(a) and (b) amended June 8, 2011; § 6-1452(C)(2) amended August 31, 2011; amended June 9, 2021, effective 1/1/2022; amended November 17, 2021, effective 1/1/2022; amended May 17, 2023, effective 5/17/2023.