Section 2-106 - Motions generally; specific motions(A) General rules of form and service for motions are set forth in § 2-103.(B) Content; response and submission. (1) A motion shall set forth the relief requested and the grounds therefor.(2) A response shall be filed within 10 days of the filing of the motion. Any response by a party shall respond to the motion of the moving party and not to a response filed by another party. No response by a moving party shall be allowed to a response filed by any other party.(3) A motion shall be submitted for decision:(a) upon agreement of all parties in the form of a stipulation; or(b) upon receiving a response of all parties; or(c) at the conclusion of the 10-day response period, including any time period added for service, if necessary.(4) The court is not bound by stipulations of parties.(C) Waiver Acceptable. By a properly filed waiver, opposing counsel may waive notice, hearing, and response to a motion.(D) Oral Argument. No oral argument is permitted on any motion except as may be ordered by the appellate court; in such event, oral argument shall be limited to 5 minutes per side.(E) Motions for Extension of Brief Date. (1) Where an extension is sought due to failure of preparation of a bill of exceptions by court reporting personnel, see § 2-105(C) for instructions.(2) For cases which are not advanced, all requests for extension of brief date, including the first request, shall be supported by a showing of good cause. First extensions of no more than 30 days may be immediately granted. Good cause includes, but is not limited to, (a) unavailability of required appellate records through no fault of the requestor; (b) a showing that a case involves complex and unusual facts or legal issues requiring additional research and preparation time; and/or (c) specifically listed conflicts with the schedule of another court. Neither the stipulation of the parties nor mere conclusory statements, such as "the press of other business," constitutes good cause.(3) For advanced cases as provided in § 2-111(B)(2), requests for extension of brief date will only be allowed upon a showing of exceptional cause. Except in juvenile cases, first extensions of no more than 30 days may be immediately granted. Exceptional cause includes, but is not limited to, (a) the intervention of something beyond the control of the requestor and/or (b) unexpected illness, incapacity, or unforeseeable absence of the person preparing the brief; and/or (c) recent change in appellate counsel and/or appointment or hiring of new counsel who is unfamiliar with the appeal.(4) Motions for extension of brief date shall be submitted immediately and may be granted immediately, only for a period not to exceed 30 days, subject to reconsideration if a timely response is filed. See appendices 1, 2, and 5 for form.
(F) Motion to Withdraw. A motion for withdrawal of any counsel of record, including court-appointed counsel, or a guardian ad litem shall state good cause for withdrawal and shall certify that a copy of such motion has been sent to the client's or ward's last-known mailing address, which address shall be included in the motion. Service of the motion shall be as set forth in § 2-103(B)(1) to the adverse party's attorney of record or, if self-represented, to the party. (G) Motion for Attorney Fees. (1) Civil Cases; Motion and Affidavit. Any person who claims the right under the law or a uniform course of practice to an attorney fee in a civil case appealed to the Supreme Court or the Court of Appeals must file a motion for the allowance of such a fee, citing to the law or uniform course of practice for the allowance of such fee and supported by an affidavit which justifies the amount of the fee sought for services in the appellate court. Any motion failing to cite such law or uniform course of practice will be summarily overruled notwithstanding Neb. Ct. R. App. P. § 2-106(B)(3).(2) Time for Filing. Such a motion must be filed within 10 days after the release of the opinion of the court or the entry of the order of the court disposing of the appeal, unless otherwise provided by statute. Any person filing a motion for attorney fees beyond the 10-day time limit must include within the motion a citation to the statutory authority permitting a filing beyond the time limit prescribed by this rule. For purposes of the subsection, an order of the court disposing of the appeal shall include an order disposing of a motion for rehearing.(3) Tolling. A motion for attorney fees which is timely filed in the Court of Appeals shall toll the time for filing a petition for further review. See § 2-102(F).(4) The motion and proof of service shall be filed with the court, and a copy shall be served upon the opposing parties or attorneys of record.(5) Court-Appointed Counsel. A court-appointed attorney in a criminal or juvenile case, appealed to the Supreme Court or the Court of Appeals, may, after issuance of a mandate by the appellate court, apply to the appointing court for an attorney fee regarding services in the appeal.(H) Briefs. Complex motions may be accompanied by a typewritten brief. The brief may be in memorandum form and shall be filed together with the motion. Format and preparation of briefs shall be as provided in § 2-103(A) and (C) and § 2-109(C) and (D).(I) Motions Not Covered. Motions for summary disposition and motions for rehearing are covered in §§ 2-107 and 2-113, respectively, and are not covered by this rule.Rule 6(D) amended May 28, 1992; Rule 6(D) amended May 29, 1997; Rule 6(B) amended March 22, 2006. Renumbered and codified as § 2-106, effective 7/18/2008. § 2-106(D) amended August 27, 2008; § 2-106(H) amended June 6, 2012; amended June 9, 2021, effective 1/1/2022; amended November 17, 2021, effective 1/1/2022; amended February 14, 2024, effective 2/14/2024; amended May 8, 2024, effective 5/8/2024.