Neb. Sup. Ct. R. 6-1107

As amended through November 11, 2024

Section 6-1107 - [Effective 1/1/2025] Pleadings allowed; form of motions

(a) Pleadings. Only the following pleadings are allowed:

(1) a complaint

(2) an answer to a complaint;

(3) a counterclaim or cross-claim, which must be stated in an answer rather than in a separate pleading;

(4) an answer to a counterclaim designated as a counterclaim;

(5) an answer to a cross-claim;

(6) a third-party complaint;

(7) an answer to a third-party complaint; and

(8) if the court orders one, a reply to an answer.

(b) Motions.

(1) Contents. A motion made in writing must have a caption with the court's name, the title of the action, the file number if one has been assigned, and the title of the motion. After naming the first party on each side, the title of the action may refer generally to other parties.

(2) Form. Motions filed with the court must be in the standard form specified in § 2-103(A).

(3) Effect of Statutes. A motion for an order authorized by statute must comply with the requirements of the authorizing statute. If a notice of motion is required, the notice must comply with the requirements of Neb. Rev. Stat. § 25-910.

Neb. Sup. Ct. R. 6-1107

Rule 7(a) amended May 19, 2004. Renumbered and codified as § 6-1107, effective 7/18/2008; amended November 13, 2024, effective 1/1/2025.

COMMENTS TO § 6-1107

[1] Subpart (a) lists the pleadings that are permissible in a civil action. The initial pleading is a complaint. The statute that authorized the promulgation of the pleading rules states that the "plaintiff's initial pleading shall be a petition when that designation is provided elsewhere by statutes. In all other civil actions the plaintiff's initial pleading shall be a complaint." Neb. Rev. Stat. § 25-801.01. At the time that the statute was enacted, family law actions (e.g., dissolution, support, and paternity actions) were the primary actions in which the initial pleading was statutorily designated as a petition. In 2004, however, the statutes governing those types of actions were amended to substitute "complaint" for "petition." See 2004 Neb. Laws 804-22 (L.B. 1207).

[2] There are nevertheless civil proceedings in which the initial pleading is not a complaint. For example, the initial pleading in an action for postconviction relief is a verified motion (Neb. Rev. Stat. § 29-3001). There are also numerous proceedings in which the initial pleading is a petition. Those proceedings include petition in error proceedings (Neb. Rev. Stat. § 25-1903), probate proceedings (Neb. Rev. Stat. § 30-2209), protection order proceedings (Neb. Rev. Stat. § 42-924), adoption proceedings (Neb. Rev. Stat. § 43-102), juvenile court proceedings (Neb. Rev. Stat. § 43-261), workers' compensation proceedings (Neb. Rev. Stat. § 48-173), Commission of Industrial Relations proceedings (Neb. Rev. Stat.§ 48-811), mental health commitment proceedings (Neb. Rev. Stat. § 71-921), and administrative review proceedings (Neb. Rev. Stat. § 84-917).

[3] Prior to 2024, the list of permissible pleadings in subpart (a) included the responsive pleadings tocounter claims and cross-claims - but did not include counterclaims and cross-claims themselves. The reason is that counterclaims and cross-claims are included in the answer, rather than in a separate pleading. The rule, however, did not expressly state that. In 2024, subpart (a) was amended to add an express statement that both types of claims are permissible pleadings but that both are included in the answer, rather than in a separate pleading.

[4] Historically, the title of the responsive pleading to a counterclaim was "reply," rather than "answer." The 2024 Amendments changed the title to "answer."

[5] Prior to 2024, subpart (b) had a title ("Motions and Other Papers") but did not have any text. It simply read "Reserved." The 2024 Amendments added three subparts that are designed to help parties determine the format they should use when drafting motions brought under the Court Rules of Pleading in Civil Actions.

[6] Subpart (b)(1) identifies the contents of a motion's caption. It is modeled on § 6-1110(a), the rule that addresses the caption of pleadings. Subpart (b)(2) addresses the format of motions through a cross-reference to § 2-103(A), the rule that sets the standard format for all documents, including motions. Subpart (b)(3) contains a cross-reference to § 25-910, the statute that addresses notice of a motion. Subpart (b)(3) also contains a reminder that motions authorized by statute must comply with the authorizing statute.