Section 2-101 - Docketing the case, and electronic filing in the appellate courts(A) Perfecting the Appeal. (1) Every appeal shall be deemed perfected when the notice of appeal as provided in § 2-101(B)(1)(a) and the docket fee required by Neb. Rev. Stat. § 33-103 or an application to proceed in forma pauperis and a poverty affidavit pursuant to Neb. Rev. Stat. § 29-2306 or Neb. Rev. Stat. § 25-2301 et seq. have been filed in the office of the clerk of the court from which the appeal is taken and such application has been granted by that court.(2) In cases where the punishment is capital, no notice of appeal shall be required to be filed in the district court and no payment of a docket fee shall be required, as set forth in Neb. Rev. Stat. § 29-2525. If a notice of appeal is filed, the trial court clerk shall transmit it pursuant to § 2-101(B). The appeal shall be docketed in the Supreme Court upon receipt of a notice of appeal or, if none is filed, upon receipt of the transcript from the trial court clerk. See § 2-104(A)(5).(3) Throughout these rules, "Clerk" shall mean "Clerk of the Supreme Court and Court of Appeals."(B) Forwarding to Appellate Court. The clerk of the court from which the appeal is taken shall within 2 business days of receipt of a notice of appeal send the following items to the Clerk through System-To-System Transfer using JUSTICE procedures, or for the Workers' Compensation Court or tribunals authorized to transmit appeals directly to the appellate courts, another approved transfer method: (1)(a) Notice of appeal. The notice of appeal shall be deemed made to the Court of Appeals unless the notice contains language specifically requesting appeal to the Supreme Court along with citation to the statutory authority directing such appeal to the Supreme Court.(b) If a notice of appeal filed in a case involving termination of parental rights is not signed by the parent whose parental rights were terminated, the appeal shall be subject to summary affirmance pursuant to § 2-107(A) unless, following issuance of an order to show cause and a 15-day response time, the before-mentioned parent files an affidavit with the appellate court stating his or her intention to proceed with the appeal or other good cause is shown. This subsection shall not apply to a child's guardian ad litem taking an appeal in such cases.(2) Request for transcript; see § 2-104(A);(3) Request for bill of exceptions; see § 2-105(B);(4) Payment from the clerk of the court from which the appeal is taken for the docket fee which shall be processed as an ACH payment to the Clerk, or IBT from the Workers' Compensation Court or tribunals authorized to transmit payment directly to the appellate courts, or a copy of the application to proceed in forma pauperis and accompanying poverty affidavit which has been executed no more than 45 days prior to the filing of notice of appeal; and(5) A certificate, prepared by the clerk of the court from which the appeal is taken (using JUSTICE procedures where applicable), which shall contain the following information: (a) The caption of the case, including the names and adversary relationship of all the parties, as the case was filed in the court from which the appeal is taken;(b) The name, address, city, state, zip code, telephone number, email address, and Nebraska attorney identification number of each Nebraska attorney, and the name of the party or parties the attorney represents, or, if a party or parties represent themselves, the above information except for the identification number;(c) Whether the case is a civil case or a criminal case; if a civil case, whether the case is law (general) or equity, if applicable; if a criminal case, whether there was a trial to a jury or judge, or whether a guilty or nolo contendere plea was accepted by the court, whether a plea in bar was entered, and whether the case is a felony, misdemeanor, or postconviction; and(d) If the notice of appeal is to the Supreme Court, whether the appeal involves a sentence of death or life imprisonment, constitutionality of a statute, or other statutory authorization therefor.(e) The date the notice of appeal was filed in the court from which the appeal is taken and the date the docket fee was paid to the clerk of that court.(f) Whether the requirements of Neb. Rev. Stat. § 25-1914 with regard to cost bond, cash in lieu of cost bond, or supersedeas bond or poverty affidavit have been met and the date filed.(g) Whether a motion for new trial, or, if applicable, a motion to alter or amend the judgment or a motion to set aside the verdict or judgment, was filed in the court from which the appeal is taken and the date of disposition of any such motion.(C) Method of Docketing Case; Multiple Appeals from Same Case Prohibited. Upon receipt of the material required by § 2-101(B), the Clerk shall thereupon docket the case designating as appellant or appellants the party or parties first having filed the notice of appeal in the court from which the appeal is taken. All other parties shall be designated as appellees, and any attempt to appeal thereafter made by any party to the action shall be filed in the existing case and not separately docketed.(D) Appeal from Special Tribunals. In an appeal from an order of the Nebraska Department of Natural Resources or other tribunal from which an appeal can be taken directly to the Court of Appeals or to the Supreme Court, the procedure shall be that provided for in appeals from the district court, except as otherwise provided by statute.(E) Cross-Appeal. The proper filing of an appeal shall vest in an appellee the right to a cross-appeal against any other party to the appeal. The cross-appeal need only be asserted in the appellee's brief as provided by § 2-109(D)(4). The right of cross-appeal does not apply to a petition for further review under § 2-102(F), to additional briefing under § 2-102(H), or to a motion for rehearing under § 2-113.(F) Attorneys of Record, Court-Appointed Counsel in Criminal Cases, and Self-Represented Litigants; withdrawal. (1) Criminal defendant representation on appeal. Counsel appointed in a trial court to represent a defendant in a criminal case other than a postconviction action shall, upon request by the defendant after judgment, file a notice of appeal and continue to represent the defendant unless permitted to withdraw by the appellate court. See § 2-106(F) for motion to withdraw.(2) Other attorneys and guardians ad litem of record. The attorneys of record and guardians ad litem of the respective parties in the court below shall be deemed the attorneys and guardians ad litem of the same parties in the appellate court, as certified to the appellate court by the trial court, until a motion for withdrawal has been filed and granted by the appellate court. See § 2-106(F) for motion to withdraw.(3) Substitution of counsel. When there is a substitution of counsel within the same firm or public office, the new attorney shall file an entry of appearance. The entry of appearance shall include the new attorney's information as set forth in § 2-101(B)(5)(b), and the name and Bar number of the attorney being replaced. A copy of the entry of appearance shall be served on the adverse party's attorney of record or on the party, if self-represented. In the event of a substitution of counsel, the former counsel is not required to file a motion to withdraw.(4) Effect of withdrawal or discharge of attorney. Withdrawal or discharge of an attorney shall not, in and of itself, result in an extension of brief date or continuance of oral argument. Extension of brief date shall be as provided in § 2-106(E). Oral argument shall only be continued upon permission of the court. See § 2-111(C) and (D).(5) All attorneys of record and self-represented litigants are required to keep the Clerk advised in writing of their current physical and email addresses during the pendency of an appeal in the Supreme Court or Court of Appeals for use in notification of all court orders.(6) Once counsel is appointed by any court, or enters an appearance on behalf of a party, all filings with the appellate court shall be through counsel, unless the court permits otherwise. Any documents or communications submitted to the appellate court by a party who has counsel may be (a) returned unfiled to the sending party or (b) forwarded unfiled to the sending party's counsel.(G) Costs and Security for Costs. (1) Docket fees shall be paid in advance as required by Neb. Rev. Stat. § 33-103, except in the following categories of cases:(a) Docket fees are waived in cases brought under the Nebraska Workers' Compensation Act and the employment security law.(b) Where an application to proceed in forma pauperis and a timely affidavit of poverty has been filed pursuant to Neb. Rev. Stat. § 29-2306 or Neb. Rev. Stat. § 25-2301 et seq., advance payment of docket fees is not required.(c) Docket fees in habeas corpus proceedings and disciplinary actions against members of the Nebraska bar are not required in advance. Fees in these cases will be collected at the conclusion of the proceeding.(2) All cases must comply with Neb. Rev. Stat. § 25-1914, unless specific statutory exceptions exist. A case will be dismissed for failure to comply with § 25-1914 if a motion is filed in accordance with § 2-106. Additional time for compliance with the statute may be requested by motion and a showing of good cause.(H) Documents in proceedings before the Nebraska Supreme Court and the Nebraska Court of Appeals shall be filed, served, noticed, and preserved in an electronic format in lieu of the traditional paper format unless otherwise specifically excepted by court rule, or the attorney is exempt under § 2-202(B).(I) For purposes of these rules, the definitions provided in § 2-201 et seq. shall apply.Rule 1(A), (B)(1), (B)(4), (B)(5)(c) - (B)(5)(g), (C), (E), (F)(2), (G)(1)(b) and (G)(2) amended May 28, 1992; Rule 1(F)(1) amended March 31, 1993; Rule 1(A) amended May 29, 1997; Rule 1(A), (B), (B)(4), and (G)(1)(a) and (b) amended October 14, 1999; Rule 1(F)(2) amended October 16, 2003; Rule 1(B)(1) amended September 13, 2006. Renumbered and codified as § 2-101, effective July 18 2008; § 2-101(D) amended December 22, 2010; § 2-101(B)(5)(b) amended September 24, 2014, effective January 1, 2015; amended May 12, 2021, effective 5/12/2021; amended June 9, 2021, effective 1/1/2022.