Free Statistical Reporting Instructions - Nebraska

INSTRUCTIONS FOR COMPLETING MONTHLY STATISTICAL REPORTING FORM FOR COUNTY COURTS CASES FILED REPORT: Column 1. Prior Pending. This is the "Current Pending" numbers from the previous month. The number of cases in this column should be taken from column 5 of the previous month. New Filings. This is the new cases filed during the current month for each category of "Cases Filed". The total number of cases filed during the month should be entered in column 2, distributed as directed in the appropriate category listed below. Reopened Cases. This column should contain cases which have previously been reported as disposed but have been reopened during the current month when any significant matter is resubmitted to the court, and requires an evidentiary hearing, whether or not such hearing is conducted. The case should be reported in this column under the appropriate category as described below. Disposed Cases. The total number of cases in each category disposed of during the current month should be recorded in this column. This column contains both disposed "New Filings" and "Reopened Cases". The matter of disposition is recorded in the disposition reports for 1.) Criminal, Traffic, Juvenile Disposition and 2.) Civil Disposition and in the manner described below. Current Pending. These numbers are determined by adding Column 1, "Prior Pending" to Column 2, "New Filings" and Column 3, "Reopened Cases" and subtracting Column 4, "Disposed Cases". Appealed Cases. The number of cases appealed from your court during the current month to the District, Appeals or Supreme Court in the appropriate category.

Column 2.

Column 3.

Column 4.

Column 5.

Column 6.

CASES FILED CRIMINAL: 1. FELONY. Count as a separate new case all felony cases filed: Ø Each original complaint is counted as one case. Ø If the defendant is charged with two or more offenses in one complaint, count the matter as one case unless the offenses are later charged and heard separately. Note: If both a felony and a misdemeanor are filed on one complaint, count as felony. JUSTICE SUBTYPE FLNY Felony DO NOT COUNT: Ø Habeas corpus proceedings are counted in civil/miscellaneous. MISDEMEANOR. Count as a separate new case all statute criminal misdemeanors and criminal ordinance violations filed, and: Ø The following specific traffic offenses: 1. Driving while intoxicated. (60-6,196)

2.

County Court Statistics Page 1 of 10

2. Refusal to submit to a chemical test. (60-6,197) 3. Reckless driving. (60-6,213) 4. Willful reckless driving. (60-6,214) 5. Operate a motor vehicle to avoid arrest. (28-905) 6. Misdemeanor motor vehicle homicide. (28-306 7. Driving while suspended. (60-4,108) 8. Leaving the scene of an accident. (60-696 and 60-697) 9. Racing on highways. (60-6,195) 10. No proof of auto insurance. (60-321) Ø Note: If any of the above offenses, including "No proof of auto insurance", are included as a separate count along with a TRAFFIC offense, that case is to be counted as a MISDEMEANOR. Ø Each original complaint or citation is counted as one case. Ø If the defendant is charged with two or more offenses in one complaint or citation, count the matter as one case unless the offenses are later charged and tried separately. JUSTICE SUBTYPE MISD Misdemeanor DO NOT COUNT: Ø Issuance of a search warrant. Search warrants are filed in the district court after they have been served. Ø An order authorizing identification procedure for obtaining physical characteristics. Ø An order authorizing a pen register or trap-and-trace device. Ø Motion to suppress. (Only occurs within a case) Ø Appointment of a special prosecutor Ø Proceedings to revoke or change probation. Ø Habeas corpus proceedings. Ø Cases remanded from a higher court. Ø Restraining orders. Ø Extradition proceedings as a misdemeanor, count separately in number 4 below. Ø Juvenile court misdemeanors. 3. GAME & PARKS. All misdemeanor and traffic violations filed by Game and Parks personnel: Ø Count the cases in the same manner as MISDEMEANOR described in (2) above. JUSTICE SUBTYPE GAME Game and Parks DO NOT COUNT: Ø Felony arrests by Game and Parks personnel. Count them as FELONY. EXTRADITION. Count as a separate new case each proceeding where a state is demanding the surrender of an individual accused or convicted of an offense in that state. JUSTICE SUBTYPE EXTR Extradition

4.

TRAFFIC: 1. STATUTE-ORDINANCE-OVERWEIGHT-PARKING. Count as a separate case all traffic statute misdemeanors and infractions, traffic ordinance violations, overweight statutes, and parking violations. Separate the filings into the proper categories: Ø Each original citation is counted as one case. Ø If the defendant is charged with two or more offenses in one citation, count the matter as one case unless the offenses are later charged and tried separately. JUSTICE SUBTYPES STAT Statute ORD Ordinance OVER Overweight PARK Parking

County Court Statistics Page 2 of 10

DO NOT COUNT: Ø Cases remanded from the district court. Ø Proceedings to revoke or change probation. Ø The following specific traffic offenses as they are counted as Criminal/Misdemeanor: 1. Driving while intoxicated. (60-6,196) 2. Refusal to submit to a chemical test. (60-6,197) 3. Reckless driving. (60-6,213) 4. Willful reckless driving. (60-6,214) 5. Operate a motor vehicle to avoid arrest. (28-905) 6. Misdemeanor motor vehicle homicide. (28-306 7. Driving while suspended. (60-4,108) 8. Leaving the scene of an accident. (60-696 and 60-697) 9. Racing on highways. (60-6,195) 10. No proof of auto insurance. (60-321) CIVIL: 1. TORT-CONTRACT-REAL PROPERTY-MISCELLANEOUS. Count as a separate new case each petition that begins a new civil action of any nature. Break all civil cases down into four categories. Ø Torts: Allegations of injury or wrong committed either against a person or against a person=s property by a party or parties who either failed to do something they were obligated to do or did something that they were obligated not to do. (Automobile accidents, slip and fall, malpractice.) JUSTICE SUBTYPES TORTACCI Accidents TORTAUTO Auto Accidents TORTMALP Malpractice TORTUNSP Unspecified Ø Contracts: Disputes over a promissory agreement between two or more parties. (Debt collection, promissory notes, replevins) JUSTICE SUBTYPES CNTRNOTE Note CNTRRPVN Replevin CNTRUNSP Unspecified Ø Real Property: Cases arising out of contention over the ownership, use, or disposition of land or real estate. (Forcible entry and detainer, foreclosures on mortgages, land contracts, landlord-tenant) JUSTICE SUBTYPES REALFED Forcible Entry / Detainer REALFORE Foreclosure REALLDCT Land Contracts REALLLT Landlord / Tenant REALUNSP Unspecified Ø Miscellaneous: Other civil petitions not covered in Torts, Contracts or Real Property. (Habeas corpus, foreign judgments, handguns, probate transfers, small claims transfers) JUSTICE SUBTYPES MISCFRJD Foreign Judgments MISCGUN Handguns MISCHABE Habeas Corpus MISCPRTR Probate Transfer MISCSCTR Small Claims Transfer MISCTRJD Transcribed Judgments - Defaults to closed status.

County Court Statistics Page 3 of 10

Civil cases include the following: Ø Cases transferred from small claims court. Ø Registration of foreign judgments. DO NOT COUNT: Ø Cases remanded from district court. Ø Garnishment and execution proceedings. Ø Cases transferred from other county courts including transfers of judgments. Ø Condemnation/eminent domain proceedings as they are counted separately. Ø Cross petitions, counter claims and set-offs. Ø Third party proceedings. SMALL CLAIMS. Count as a new case each claim and notice to the defendant filed: JUSTICE SUBTYPES SMCLACCI Accidents SMCLAUTO Auto Accidents SMCLUNSP Unspecified DO NOT COUNT: Ø Counterclaims and set-offs. Ø Garnishment and execution proceedings. CONDEMNATION. Count as a separate case each petition for condemnation or eminent domain filed regardless of the number of parcels of land. JUSTICE SUBTYPE CNDM Condemnation

2.

3.

DOMESTIC RELATIONS 1. 2. PATERNITY. Count as a new case each petition filed in the county court to determine paternity JUSTICE SUBTYPE PTRNTY Paternity ADOPTION. Count as a separate new case each petition filed regardless of the number of children. JUSTICE SUBTYPES ADOPABAN Abandonment ADOPNAM Native American ADOPUNSP Unspecified DO NOT COUNT: Ø District court domestic relations cases assigned to a county judge as they will be counted by the district court.

JUVENILE 1. MISDEMEANOR/INFRACTION. Count as a new case each complaint or petition filed alleging a misdemeanor or infraction. (43-247 (1)). Count each traffic case as a separate case. (4) JUSTICE SUBTYPES 1 Misdemeanor / Infraction 4 Traffic Offense FELONY. Count as a new case each complaint or petition filed alleging a felony. (2) JUSTICE SUBTYPE 2 Felony NEGLECTED/DEPENDENT. Count as a separate case each petition alleging juvenile is homeless or destitute, without proper supervision, abandoned, lacks proper parental care, or is in a situation dangerous to the juvenile. (3a) JUSTICE SUBTYPES 3AABAND Abandoned 3AABUSE Abused 3AHMLES Homeless / Destitute 3ANEGLT Neglected 3AWYWRD Wayward STATUS OFFENDER. Count as a separate case each petition alleging juvenile is wayward,

2. 3.

4.

County Court Statistics Page 4 of 10

5.

6.

habitually disobedient, uncontrolled by parent, endanger to himself, herself or others, or habitually truant. (3b) JUSTICE SUBTYPE 3B Disobedient MENTALLY ILL AND DANGEROUS. Count as a separate case each petition alleging juvenile is mentally ill or dangerous. (3c) JUSTICE SUBTYPE 3C Mentally Ill and Dangerous PARENTAL. Count as a separate case each petition against a parent (5), termination of parental rights (6 and 7), or a juvenile relinquished to D.H.H.S. or a child placement agency. (8) Although proceedings that occur during the pendency of a case, such as probation revocations and reviews are not counted as a separate new case, a motion or petition for termination of parental rights is the exception. Whether a petition for the termination is the first document filed or comes after other proceedings have occurred, count it as a new filing. JUSTICE SUBTYPES 5 Parental Jurisdiction 6 Termination 7 Termination / Divorce 8 Voluntary Relinquishment Ø If a petition alleges both a status offense (3b) and a criminal offense count it as a MISDEMEANOR/INFRACTION or FELONY. Ø Count as a separate new case a case transferred from criminal court. DO NOT COUNT: Ø Proceedings to revoke or change probation. Ø Review hearings. (See reopened cases) Ø Cases remanded from an appellate court.

PROBATE 1. ESTATE. Count as a separate new case each informal or formal petition filed. Count the following as a separate new case whenever they are filed without a probate petition. Ø Proceeding to determine heirs. Ø Appointment of a special administrator. If a probate petition is filed after the appointment of a special administrator, do not count the petition as a new case. JUSTICE SUBTYPES ESTANCIL Ancillary Administration ESTFORIN Formal Intestate ESTFORTE Formal Testate ESTINFIN Informal Intestate ESTINFTE Informal Testate ESTSPEC Special Administration ESTSUPER Supervised Administration DO NOT COUNT: Ø Appointment of guardian or conservator as they are counted separately. Ø Cases remanded from district court. Ø Any inheritance tax proceeding. Ø Demand for notice. Ø Filing or depositing of a will. Ø Appointment of successor personal representative. Ø Re-appointment of personal representative. (See reopened cases) INHERITANCE TAX. Count as a separate new case each petition for determination of inheritance tax filed without a probate petition. JUSTICE SUBTYPE INHTAX Inheritance Tax Determination DO NOT COUNT: Ø Petition for determination of inheritance tax when included in an informal or formal probate

2.

County Court Statistics Page 5 of 10

3.

4.

proceeding. GUARDIANSHIP - CONSERVATORSHIP. Regardless of the number of wards, count as a separate new case each petition filed for a guardian, a conservator, or both a guardian and a conservator. In addition count: Ø Appointment of a temporary guardian or conservator. If a petition for a guardian or conservator is filed after the appointment of a temporary guardian or conservator do not count the appointment as another new case. Ø Registration of a trust. Ø Administration of a trust. JUSTICE SUBTYPES PRCONADU Conservatorship - Adult PRCONINC Conservatorship - Incompetent PRCONMIN Conservatorship - Minor PRG/CADU Guardianship / Conservator - Adult PRG/CINC Guardianship / Conservator - Incompetent PRG/CMIN Guardianship / Conservator - Minor PRGDNADU Guardianship - Adult PRGDNINC Guardianship - Incompetent PRGDNMIN Guardianship - Minor PRTRUST Trust DO NOT COUNT: Ø Filing of annual reports. Ø Appointment of a visitor of the court. Ø Appointment of a guardian ad litem. Ø Appointment of a successor guardian or conservator. MISCELLANEOUS. JUSTICE SUBTYPE MISCVADU Vulnerable Adult

REOPENED CASES A case that has been previously reported as disposed shall be considered reopened when any significant matter is resubmitted to the court, and requires an evidentiary hearing, whether or not such hearing is conducted. Once a case is reopened it cannot be counted as reopened again until all pending actions are completed and closed. It should be reported in one of the following classifications. 1. REMANDS FROM THE SUPREME COURT, COURT OF APPEALS OR DISTRICT COURT. Whenever a mandate for any type of case is issued from the Supreme Court, Court of Appeals or the district court to the county court ordering a new trial or a modification of a judgment, count as a reopened case. DO NOT COUNT: Ø Mandates which affirm or dismiss a judgment. CRIMINAL AND TRAFFIC. When cases defined under criminal or traffic above require any evidentiary proceedings after sentence, the matter shall be treated as a reopened case. Ø Proceedings to revoke or change the terms of probation. Ø Proceedings to set aside convictions after successful completion of probation if there is an evidentiary hearing. DO NOT COUNT: Ø Proceedings for the discharge of probationers, for work release, and for house arrest. Ø Proceedings to set aside convictions after successful completion of probation if there is no evidentiary hearing. Ø Applications for nunc pro tunc orders. Ø Motions for a new trial. (Count as reopened if motion is granted.)

2.

County Court Statistics Page 6 of 10

3.

4.

5.

6.

CIVIL/SMALL CLAIMS POST-JUDGMENT PROCEEDINGS. Whenever cases defined under regular civil above are reopened and require an evidentiary proceeding, each proceeding shall be counted as a separate reopened case, including: Ø Applications for enforcement of a decree by contempt proceedings. Ø Bankruptcy cases that are reopened after the proceedings have been stayed. Ø Proceedings to set aside, modify or vacate judgments. DO NOT COUNT: Ø Any of the following unless a contested evidentiary hearing is actually held in open court on the matter. 1) Garnishment proceeding. 2) Execution proceeding. 3) Application or motion for stay of execution. 4) Debtor=s examination 5) Confirmation of sales. 6) Motion for distribution of sale proceeds, etc. Ø Application for nunc pro tunc orders. Ø Motions for a new trial. (Count as reopened if motion granted.) DOMESTIC RELATIONS. Whenever cases described under domestic relations above are reopened and require an evidentiary proceeding, each proceeding shall be counted as a separate reopened case, including: Ø Contempt proceedings to enforce an order or decree that requires an evidentiary hearing. DO NOT COUNT: Ø Applications for nunc pro tunc orders. Ø Motions for a new trial. (Count as reopened if motion is granted.) Ø District court domestic relations cases which are assigned to a county judge as they will be counted by the district court. JUVENILE. Whenever cases defined under juvenile above are reopened after the initial disposition order and require an evidentiary proceeding, each proceeding shall be counted as a separate reopened case. Ø Juvenile review hearings for out of home placements. Ø Request for Juvenile Review Panel. PROBATE. Whenever cases described under probate above are reopened and require an evidentiary proceeding, each proceeding shall be counted as a separate reopened case including: 1. ESTATES. Ø Reappointment of personal representative or successor after case is disposed. 2. INHERITANCE TAX. Ø Redetermination of inheritance tax if redetermined after the initial reporting period. 3. GUARDIAN AND CONSERVATOR Ø Petitions for appointment of successor guardian or conservator. Ø If an evidentiary hearing is held for objections to reports of guardian or conservator. Ø If there are objections to the accounting or report of the guardian or conservator and an evidentiary hearing is held. DO NOT COUNT: Ø Annual reports.

DISPOSED CASES 1. CRIMINAL - FELONY. Shall be considered disposed upon the dismissal, bindover, transfer to juvenile court, or reduction to misdemeanor, whichever is applicable. Ø The issuance of an arrest warrant or the declaration of a bond forfeiture does not constitute a disposition and the case should not be reported as closed.

County Court Statistics Page 7 of 10

2.

3.

4.

5.

6.

CRIMINAL - MISDEMEANOR - GAMES AND PARKS - EXTRADITION - TRAFFIC - STATUTE ORDINANCE - OVERWEIGHT - PARKING. Shall be considered disposed upon the dismissal, acquittal, sentencing, or transfer to juvenile court, whichever is applicable. Ø The issuance of an arrest warrant, the declaration of a bond forfeiture, or the mailing of a fail to comply notice to the Department of Motor Vehicles, does not constitute a disposition and the case should not be reported as closed. Ø If the defendant is sentenced to probation, and a subsequent hearing is held to revoke this probation it is not counted as a new case but is counted as a reopened case. Ø If the defendant is sentenced to pay a fine, and is allowed time to pay by installments, the case is still regarded as closed upon the date of conviction. Ø Should sentencing be continued until a later date, the case is not regarded as closed until sentencing. Ø An extradition proceeding is disposed when the defendant waives extradition, extradition warrant is served, or dismissal of the proceeding. CIVIL. Shall be considered closed when a judgment is entered, the case is dismissed, or the jurisdiction of the court is terminated by any method including: Ø Transfer to any other court. Ø Stay of proceedings by bankruptcy. Ø Cases that are settled by written stipulation prior to judgment or court order. (Cases remain within the jurisdiction of the court pending satisfaction of the judgment.) Ø Habeas Corpus cases shall be disposed when a final order is entered, or a similar order finally determining the custody of the party involved. Ø Condemnation - eminent domain cases shall be closed upon the filing of the return of the appraisers. Ø Note: A satisfaction of judgment is not required to close a case. DOMESTIC RELATIONS. Shall be considered closed when a final judgment is entered, the case is dismissed, or the jurisdiction of the court is terminated by any method. Ø A paternity case shall be considered closed when a final judgment is entered, case is dismissed or the jurisdiction of the court is terminated by any method. Ø An adoption shall be considered closed upon the filing of a decree of adoption, or denial of such decree. JUVENILE. Shall be considered closed upon entry of the initial disposition order, which can be any one of the following: Ø Any probation order. Ø An order placing the juvenile under the custody of any state facility, institution, or agency as a disposition. Ø Any order terminating parental rights. DO NOT COUNT AS A DISPOSITION: Ø A temporary placement in a facility pending final disposition. PROBATE. ESTATE. Formal or informal probate shall be considered closed upon the receipt of any one of the following: Ø Formal order for complete settlement. Ø Informal closing of estate by verified statement (informal closing statement). Ø Small estate closing statement. INHERITANCE TAX. Shall be considered closed upon filing of either an order determining and assessing inheritance tax, or an order determining no inheritance tax due. GUARDIANSHIP/CONSERVATORSHIP. Shall be considered closed upon the issuance of letters to a guardian or conservator. Ø Issuance of letters of trusteeship in individually filed trust cases.

County Court Statistics Page 8 of 10

TYPE OF DISPOSITIONS: CRIMINAL/TRAFFIC/JUVENILE DISPOSITIONS REPORT: The number of each type of disposition is totaled in the right-hand column, and each column is totaled at the bottom of the report. The number of dispositions should match the number of disposed cases on the Cases Filed Report. Be careful to make sure the numbers added from the Cases Filed Report are the same as shown on this report. 1. FELONY. Ø A felony transferred to a Juvenile court is counted as "Transferred to Juvenile", and added as a new juvenile case. Ø If a preliminary hearing has commenced and the defendant decides to waive preliminary hearing, count it "Preliminary Hearing Held: Bound over." Ø Multiple counts: Since there is only one case counted when there are multiple counts, there can only be one disposition counted in the statistics. If a preliminary hearing is held, and the defendant is bound over on any one of the counts, count it "Preliminary Hearing Held: Bound over." If a preliminary hearing is held and the defendant is not bound over, but at least one of the counts is dismissed by court, count it "Preliminary Hearing Held: Dismissed by Court. " If no preliminary hearing is held, but the defendant waives preliminary hearing on any one of the counts, count it "Preliminary Hearing Waived." If no preliminary hearing is held or waived, but at least one count is reduced to a misdemeanor or transferred to Juvenile while the other counts are dismissed, count the transfer as specified above. If all felony counts are reduced to misdemeanors, count it as "Reduced to Misdemeanor". If all counts are dismissed without a preliminary hearing, count it "Dismissed by Prosecutor." Ø EXTRADITION In an extradition proceeding, if the defendant waives extradition, count it "Preliminary Hearing Waived. " If the defendant demands a hearing and resists extradition, count it "Preliminary Hearing Held: Bound Over. " or "Preliminary Hearing Held: Dismissed by court. " MISDEMEANOR, TRAFFIC Ø If a defendant enters a guilty plea by signing a waiver, whether done by mail or in person, count it "Guilty Plea by Waiver. " Ø A "Guilty Plea in Court." occurs after a defendant enters a guilty or no contest plea in open court, there is no written waiver involved. Ø Once a trial has commenced by either opening statements being given or waived, count the case as "Tried to Court. " or "Jury Impaneled." It makes no difference if the defendant changes his/her plea while the trial is in progress. Ø Only count it as a "Jury Impaneled" case after voir dire is completed, the jury is sworn in, and opening statements have occurred or been waived. Ø Multiple counts: Since there is only one case counted when there are multiple counts, there can only be one disposition. If there is a trial on any one of the counts, count it as "Tried to Court." If there is no trial but there is a guilty plea on any one of the counts, count it as "Guilty Plea in Court." If there is no trial or guilty plea, but there is a signed waiver on any one of the counts, count it as "Guilty Plea by Waiver." If all counts were dismissed, count it as "Dismissed by Trial Court Prior to Trial." Do not make your count until there has been a disposition on all counts. Ø A misdemeanor or traffic case transferred to juvenile court is counted as "Transferred to

2.

County Court Statistics Page 9 of 10

3.

Juvenile", and added as a new case. JUVENILE Ø Shall be considered closed upon the entry of the initial disposition order, which includes placing the juvenile on probation, an order placing the juvenile under the custody of any state facility, institution, or agency, or any order terminating parental rights. Ø If the juvenile, parent, guardian, or custodian admits to the "Juvenile Petition" in open court, count it as "Guilty Plea (Admission) in Court. " Ø Once a trial has progressed past opening statements, count it as "Tried to Court." Ø If the prosecutor dismisses the case prior to trial, count it as "Dismissed by Prosecutor." Ø If the case is dismissed by the court prior to trial, count it as "Dismissed by Trial Court Prior to Trial. " DO NOT COUNT: Ø Temporary placement in a facility pending final disposition as an action that closes the case.

CIVIL DISPOSITION REPORT: The number of each type of disposition is totaled in the right-hand column, and each column is totaled at the bottom of the report. The number of dispositions should match the number of disposed cases on the Cases Filed Report. Be careful to make sure the numbers added from the Cases Filed Report are the same as shown on this report. 4. CIVIL. DOMESTIC RELATIONS. PROBATE. Ø When a default judgment is entered and it is reported as "Uncontested/Default", and subsequently the default judgment is set aside before you report the case as closed, do not report the default but do report the ultimate disposition. If the judgment is set aside after being reported as closed, count the case as reopened. Ø When a suggestion of bankruptcy is filed, report it as "Suggestion of Bankruptcy". If the case is subsequently reopened, count it as a reopened case. SMALL CLAIMS Ø When a small claims trial has commenced, count it as "Tried to Court" regardless if a settlement occurs during the trial. Ø When a small claims case is transferred to the regular civil docket, it should be counted as "Transferred", and added as a new civil case filing with subsequent reporting in the civil section. Ø If only the plaintiff appears, presents evidence and obtains the judgment, count it "Uncontested/Default". Ø When a case is stayed because of a suggestion of bankruptcy, report it as "Suggestion of Bankruptcy." If the case is subsequently reopened, count it as a reopened case. JURY TRIALS. "JURY IMPANELED/VERDICT ISSUED". In this category you should report: Ø All criminal cases where the guilt or innocence of the defendant was determined by a jury. Ø All civil cases where judgment was rendered on a verdict. JURY TRIALS. "JURY IMPANELED/DISPOSED PRIOR TO VERDICT". In this category you should report: Ø All cases where a jury was impaneled (selected, sworn and some evidence adduced) and the case was disposed prior to the verdict, including cases disposed on a motion for a directed verdict or where the case was settled during the trial by the parties. APPEALS/TRIAL COURT/ADMINISTRATIVE AGENCY Ø These columns are for district court use only to report dispositions of their appeals.

5.

6.

7.

County Court Statistics Page 10 of 10