D. Neb. NEGenR 1.4

(a) District Court.

(1) Dockets.

As determined by the majority of the active district judges, the court

maintains various dockets generally defined by geography or the

nature of the case. Not all judges participate in each docket. A judge

who participates in a docket may not necessarily receive cases in the

same proportion as other participating judges. The chief judge, after

consulting with the other active district judges, determines the judges

selected to participate in one or more of these dockets and the

proportion of participation.

(2) Assignment Method.

Unless these rules state or the chief judge directs otherwise, the clerk

randomly assigns cases from each docket to the participating judges.

However, under the chief judge's direction after consulting with the

other active district judges, a magistrate judge may be paired with a

district judge on a nonrandom basis. See NECivR 73.1 (assignment

of civil cases to magistrate judges for trial). In interpreting this rule,

the chief judge's decision is final.

(3) Reassignments.

(A) District Judges.

The chief judge, with the assigned district judge's consent,

may reassign a case to another district judge due to personal

disqualification of the assigned district judge or other good

cause. If the assigned district judge is disabled and unable to

consent to reassignment, the chief judge may reassign the

case without the district judge's consent. If the chief judge is

disqualified or disabled, the reassignment authority passes to

the active status district judge then available and next senior

in service. If all active status district judges are disqualified or

disabled, the reassignment authority passes to the senior

status district judge then available and most senior in service.

If all district judges are disqualified or incapacitated, and if a

visiting judge has been designated for service in this district,

the reassignment authority passes to the visiting judge.

(B) Magistrate Judges.

The assigned district judge may reassign the reference on the

case from one magistrate judge to another magistrate judge

due to the assigned magistrate judge's personal

disqualification or other good cause.

(C) Clerk.

The clerk is authorized to reassign a civil case to:

(i) a referral magistrate judge when the civil case is

originally assigned to an Article III judge and all parties

voluntarily consent to reassignment in writing in the

Rule 26(f) report or otherwise; and

(ii) a randomly-drawn district judge when the case was

originally assigned to a magistrate judge as the

presiding judge and all parties do not timely consent in

writing to the disposition of the case by a magistrate

judge. When necessary, the clerk may also assign a

magistrate judge to the case for judicial supervision

and processing of pretrial matters.

(D) Visiting Judges.

The assigned district judge or the chief judge, with the consent

of the assigned district judge, may reassign a case to a visiting

district judge designated for service in this district. If the

assigned district judge is disabled and unable to consent to

reassignment, the chief judge may reassign a case without

the district judge's consent.

(4) Related Cases.

(A) Notification.

Attorneys of record must notify the court that a case is or may

be related to another pending or closed case in this court.

Failure to notify the court may result in sanctions on attorneys

and parties. Accordingly,

(i) in civil cases, on the "open unassigned case" screen,

the filer should enter "USDC-NE" in the "other court"

name field and the number of the related case in the

"other court number" field;

(ii) in criminal cases, the filer should enter the number of

the related case in the "Related to" field on the criminal

cover sheet; and

(iii) after filing, an attorney of record who learns that a case

is or may be related to another pending or closed case

in this court must inform the clerk and the chief judge

by electronically filing a notice of related cases.

(B) Assignments.

(i) If a case is noted as related on the criminal cover sheet

or on the civil case opening screen when filed, the clerk

assigns it to the district judge who handled the earlier

pending or closed case, and the clerk dockets a public

text-only remark stating that the case was noted as

related on the criminal cover sheet or civil case opening

screen.

(ii) If at any time after case opening and judge assignment

a judge assigned to a case determines that the case is

or may be related, the judge informs the chief judge. If

the chief judge determines the cases are related, the

chief judge orders reassignment of the higher

numbered case(s) to the district judge with the lowest

numbered case unless good cause exists for not

ordering the reassignment.

(C) "Related" Cases Defined.

(i) Open or closed criminal cases are related when some

or all of the charges arise from the same general set of

events. A new criminal case is related to a previous

open or closed criminal case involving the same

defendant when the new case arose during a period of

incarceration, supervised release, probation or pretrial

release based on or in the course of the previous case.

A superseding indictment or information is related to

the superseded indictment or information.

(ii) Open or closed bankruptcy appeals are related when

they involve some or all of the same property or the

same debtor(s).

(iii) Open or closed civil cases are related when they

involve some or all of the same issues of fact, arise out

of the same transaction, or involve the validity or

infringement of the same patent.

(iv) Civil cases are not related to criminal cases.

(D) Challenges.

Motions challenging operation of this rule under Nebraska

General Rule 1.4(a)(7) must be made within 14 days of a

defendant's original answer date.

(5) The Nebraska Docket.

(A) Applicable Cases.

Except for cases challenging the death penalty under 28

U.S.C. § 2254, cases in which North Platte is designated as

the place of trial, and cases involving social security or

bankruptcy appeals, civil cases are placed on one docket

called the "Nebraska docket" if:

(i) the State of Nebraska or any of its agencies are named

defendants in the original complaint;

(ii) a named defendant in the original complaint is being

sued for acts or omissions that allegedly occurred while

the defendant was allegedly an employee of the State

of Nebraska or one of its agencies;

(iii) the plaintiff is the United States of America;

(iv) the plaintiff is pro se when the case is filed; or

(v) the plaintiff is a prisoner in state custody when the case

is filed.

(B) Application Notes.

(i) An "agency" of the State of Nebraska does not include

local political subdivisions such as cities or counties,

natural resource districts, public power districts, or

similar entities.

(ii) Motions filed under 28 U.S.C. § 2255 are not civil cases

for purposes of this rule.

(iii) If the clerk does not know if a case is properly placed

in the Nebraska docket, the clerk may ask the chief

judge, whose decision is final.

(C) Place of Trial.

The district judge handling a Nebraska docket case may try

the case in Omaha or Lincoln, regardless of the place

designated for trial, after considering the convenience of the

parties, lawyers, witnesses, and other related matters.

(D) Jury Selection.

All juries in Nebraska docket cases are selected from the jury

pool used where the case is tried.

(6) Death Penalty Cases.

(A) Location of Proceedings.

The assigned district judge may decide the location of all

proceedings, regardless of the location designated for trial.

(B) Stay of Execution.

If the assigned district judge is absent or unavailable to

consider a motion for a stay of execution, any district judge

may rule on the motion.

(C) Judge Assignment.

When assigning a death penalty habeas corpus case, the

clerk will exclude from random assignment any judge who has

two or more pending death penalty habeas corpus cases. This

rule has been adopted to conform to the policy of the Eighth

Circuit Judicial Council's Death Penalty Committee, which

provides that "no district judge should be charged with the

disposition of more than two death penalty habeas cases at

any one time." 1

(7) Challenges.

All motions challenging the operation or seeking avoidance or

restraint of this rule must be made to the chief judge or, if the chief

judge is disqualified or disabled, to the district judge then available

and next senior in service.

(8) Sanctions.

No person may (a) reveal the sequence of district or magistrate

judges' names within a docket or any rotation randomly determined;

(b) assign any case other than as stated in this rule or ordered by the

court; or (c) directly or indirectly cause, or attempt to cause, any

person to (i) reveal the sequence of district or magistrate judges'

names within a docket or rotation randomly determined, or (ii) assign

any cases other than as stated in this rule or ordered by the court.

The court will sanction any person violating this provision with

criminal contempt.

(b) Bankruptcy Court.

1 In a Memorandum dated May 19, 2017, Eighth Circuit Judge Bobby Shepherd, in consultation with the Ad

Hoc Committee on Death Penalty Cases, explained that a death penalty habeas case on appeal does not count toward

a judge's two cases. In addition, the policy does not apply to non-habeas cases such as ancillary proceedings or other

civil cases challenging the method of execution.

(1) Assignment Method.

From time to time, the bankruptcy judges adopt a general policy

concerning case assignment for implementation by the clerk. The

general policy varies on a case-by-case basis at the judges'

discretion based on a number of factors including the judges' relative

workload, conflicts of interest, and recusals. When a petition is filed,

the bankruptcy court clerk assigns the case to a judge.

(2) Subsequent Filings.

After the bankruptcy court assigns a case, subsequent documents

must be filed in the bankruptcy court clerk's office in the assigned

judge's location.

(3) Place of Hearings.

The clerk and the assigned judge determine the location of hearings

in a bankruptcy case.

(4) Reassignments.

If the assigned bankruptcy judge is disabled and unable to consent

to the reassignment of a case, the chief bankruptcy judge may

reassign the case without consent. If the chief bankruptcy judge is

disqualified or disabled, the reassignment authority passes to the

next senior bankruptcy judge. If all bankruptcy judges are disqualified

or disabled, the reassignment authority passes to the chief district

judge.