Rule 5B(3)b - Filing Bill of Exceptions
Fellow Officials,
Attached you will find a letter from Justice Kenneth Stephan advising that Rule 5B(3)b regarding filing bills of exceptions has been changed. The rule was changed in October to provide for filing bills of exceptions with the court on CD and DVD as well as disks.
Following that change Justice Stephan wrote inquiring if we could file all bills of exceptions with the court and not just those 250 pages or more. After consultation with the NOCRA executive committee and other officials, including all juvenile court reporters, I responded that we would not have a problem filing all bills of exceptions, regardless of size, with the court for their use. I also suggested that perhaps the rule could be amended to allow for copies of bills of exceptions to be electronically transferred to the Clerk of the Supreme Court for the exclusive use of the Court and authorized personnel. (In other words, we could e-mail to them instead of sending in a disk.)
As of now, the rule states The reporter shall prepare one or more write-protected 3 1/2 inch computer disks, DVD's, or CD's containing the bill of exceptions, exclusive of exhibits ...
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.
So, please file ALL bills of exceptions on disk, DVD or CD with the clerk of the Supreme Court from now on. The change for e-mailing has NOT been made yet so do NOT electronically file yet.
To view the new rule in its entirety, go to the Supreme Court web site,
and click on What's New, then click on the Rule Amendments and the new rule is Neb. Ct. R. of Prac. 5B(3)b and 5B(7).
Gary G. Latimer, President, NOCRA

Letter Below
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