Section 442-4-001 - Pleadings001.01 Oath or Affirmation on all Appeals or PetitionsEach appeal or petition filed with the Commission shall be deemed to include an oath, affirmation, or statement to the effect that its representations are true and correct to the best of the knowledge and belief of the person signing the appeal or petition.
001.02 Form and Content of Pleadings Other Than the Commission's Appeal Form 001.02A A pleading shall contain a heading specifying the name of the Commission, the names of the parties, their roles in the appeal, the case number, if assigned, and the title or nature of the pleading.001.02B The pleading shall state material factual allegations and the action the Commission is requested to take.001.02C The pleading shall contain the name and address of the party on whose behalf the pleading is filed.001.02D If the pleading is filed by legal counsel, the pleading shall contain the name, address, telephone number, and Nebraska State Bar Association Number of legal counsel in good standing, licenced to practice in the State of Nebraska and the name, address and telephone number of any other legal counsel associated with them for the proceeding.001.02E All pleadings shall be filed on white, letter sized (i.e., 8 ½ x 11 inches) paper, and shall be legibly typewritten, photostatically reproducible, printed or handwritten. If handwritten, a pleading must be written in blue or black ink. (See, Chapter 2, section 001.40 of these rules for the definition of a pleading.)001.03 Service of Pleadings RequiredPleadings filed with the Commission, except the Appeal Form and initial petition, must be served simultaneously upon the opposing party or parties and a certificate of service filed with the Commission. (See, Chapter 2, Section 001.08 of these rules).
001.04 Signature RequirementsAny pleading including the appeal form filed with the Commission must contain original signature(s) of a party, legal counsel for a party, or a person authorized by law or through rules. An unsigned pleading will be removed from the case file unless omission of a signature is corrected promptly after being called to the attention of the filer.
001.05 Construction of Pleadings All pleadings will be construed as to do substantial justice.001.06 Amendment of Pleadings Including the Appeal Form001.06A Pleadings including the appeal form may be amended once as a matter of course before a responsive pleading is filed. The name of the person signing the appeal/petition may not be amended nor may a party be substituted by amendment. Other amendments may be made upon leave granted by the Commission or by consent of all adverse parties. Leave to amend shall be freely given.001.06B Amendments to Conform to the Evidence. When issues not raised by the pleadings are heard by express or implied consent of the parties, they shall be treated in all respects as if they had been raised in the pleadings. Such amendment of the pleadings as may be necessary to cause them to conform to the evidence and to raise these issues may be made upon motion of any party at any time, even after entry of an order and decision; but failure so to amend does not affect the result of the hearing of these issues. If evidence is objected to at a hearing on the ground that it is not within the issues raised by the pleadings, the Commission may allow the pleadings to be amended and shall do so freely when the presentation of the merits of the pleading will be subserved thereby and the objecting party fails to satisfy the Commission that the admission of such evidence would prejudice the party in maintaining the party's pleading or defense upon the merits. The Commission may grant a continuance to enable the objecting party to respond to such evidence.442 Neb. Admin. Code, ch. 4, § 001