I met today with Supreme Court Judge Stephan, Clerk of the Supreme Court Asmussen, Court Administrator Walker and others to discuss our proposal (which came from Lisa Hagman) to e-mail bills of exceptions to the Supreme Court.
Judge Stephan was very glad the e-mail suggestion had been made and the rest of those in attendance were excited about filing copies of bills of exceptions with the Court in this manner. Ms. Asmussen reported that one official had already sent a bill of exceptions in via e-mail and they were able to download it with no problem. In fact, they expressed a preference for the reception of bills of exceptions via e-mail.
The proposal which was agreed upon was to add the following language to Rule 5B(3)b(i)
The bill of exceptions text may also be transmitted to the Clerk of the Supreme Court via
e-mail attachment sent to NSCBOE@nsc.state.ne.us and shall meet the formatting guidelines set out above. The subject line of an e-mail transmission shall include the case name, trial court number, and Supreme Court or Court of Appeals case number, if available. Regardless of the transmission option utilized, each transmission shall be limited to a single bill of exceptions. Such disks, DVD's, CD's, or e-mail attachments shall be for the exclusive use of the Supreme Court and authorized court personnel.
Judge Stephan will propose this rule change at this week's meeting of the Supreme Court and it will most likely go into effect February 22, 2006. The Clerk's office will set up the new e-mail account to receive bills of exceptions so you should be able to transmit them effective March 1, 2006. Please check the "What's New" portion of the Supreme Court web site to verify when the rule changes becomes effective. http://court.nol.org
As a reminder, Rule 5B(3)b has now been changed to require the filing of ALL bills of exceptions, regardless of length, in either Microsoft Word or ASCII format. Do NOT put more than one bill of exceptions on a disk, DVD, CD or e-mail attachment, not matter how short it is. If you lack the technological capability to comply with this rule you shall include in the bill of exceptions a separate certificate so stating.
Gary G. Latimer, President, NOCRA
You will recall I recently advised about the change to Rule 5B(3)b(i) regarding filing all bills of exceptions with the Clerk of the Supreme Court via disks, CD's or DVD's and that our executive committee had suggested to Judge Stephan that we could also file this by e-mail instead of sending in a disk.
A letter was sent to Judge Stephan proposing the following language be added to Rule 5:
The reporter shall mail such disks, DVD's, or CD's and a photocopy of the cover page of Volume 1 of the bill of exceptions to the Clerk of the Supreme Court on the date when the bill of exceptions is filed in the district court or transmit said text via e-mail to the Clerk of the Supreme Court. Such disks, DVD's, or DC's, or e-mail shall be for the exclusive use of the Supreme Court and authorized personnel.
The next paragraph of the letter to Judge Stephan said: As long as the rule continues to provide that the copies of bills of exceptions forwarded to the Court are for the exclusive use of the Court and authorized personnel our association does not feel the need for further restrictions on the type of data sent to the Court. If these copies were to become available for public use restrictions would be necessary.
I have been invited to a meeting with Judge Stephan, Judge Inbody, Clerk of the Supreme Court Lanet Asmussen, CAO Janice Walker and Bill Miller of her office, and possibly others next Monday, February 13th, to discuss electronic filing of bills of exceptions. Please be assured that I will try to be clear we do NOT favor providing copies to anyone for less than 50 cents per page no matter what form they are in.
If you have ideas or concerns about the electronic filing of bills of exceptions, please forward them to me so I will be able to express them at next Monday's meeting. I am assuming each of you has the ability to e-mail a bill of exceptions to the Court in either ASCII or pdf format but if you don't I'm sure Rule 5B(3)b(ii) would apply.
Gary G. Latimer
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