Investor Presentaiton
Effective December 1, 2021
Nebraska Criminal Rules
A motion raising a substantial issue of law must be supported by a
brief filed and served together with the motion. The brief must be
separate from, and not attached to or incorporated in, the motion.
The court may treat a party's failure to simultaneously file a brief as
an abandonment of the motion. The brief must (A) concisely state
the basis for the motion, (B) cite relevant legal authority, and (C) cite
to the pertinent pages of the record, affidavit, discovery material, or
other evidence on which the moving party relies. A party's failure to
brief an issue raised in a motion may be considered a waiver of that
issue.
(2) Evidence.
(3)
Unless evidence to be offered in support of a motion will be
presented at an evidentiary hearing requested for that motion, when
a motion raising a substantial issue of law requires the court to
consider factual matters not established by the pleadings or
evidence previously filed, the moving party must file additional
evidentiary materials on which the party relies. Evidence must be
filed under seal upon order of the court or as required under these
rules. The evidence must be filed simultaneously with the motion and
brief. The method for filing evidence in support of an electronically
filed motion is governed by Nebraska Criminal Rule 49.2(a)(2).
Evidentiary materials may be attached to the motion or brief if the
filing includes a listing of each item of evidence being filed, and the
evidence citations within the filing provide hyperlinks to the evidence
attached and offered in support of the factual statements. In all other
cases, evidentiary materials must not be attached to the brief but
rather must be filed separately with an index listing each item of
evidence being filed and identifying the motion to which it relates.
Discovery Motions.
A motion seeking discovery or disclosure of evidence must include a
statement verifying that (A) the moving party's attorney conferred
with the opposing attorney in person or by telephone in a good-faith
effort to resolve the issues raised in the motion and (B) the parties
were unable to reach an agreement. This showing must also state
the date, time, and place of the communications and the names of
all participating persons.
(4)
Request for Hearing.
If an evidentiary hearing is requested, the motion must state the
estimated length of time needed for the hearing, whether an
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