§ 6-1471.Summary Judgment Procedure.

Article 14: Uniform County Court Rules of Practice and Procedure · Last amended September 5, 2018 · Last verified July 22, 2026

In one sentenceThis rule requires the party moving for summary judgment, and any party opposing it, to file an evidence index plus a numbered statement of undisputed or disputed facts with pinpoint citations, and lets the judge set and extend the compliance deadlines.

Full Text of § 6-1471

Text sizeJump to: (A) (B) (C) (D)

(A) Moving Party's Materials in Support of Motion. When a motion for summary judgment or partial summary judgment is filed, the moving party must simultaneously file with the clerk and serve on all parties of record:

(1) an Evidence Index in Support listing all evidence to be offered in support of the motion for summary judgment; and

(2) an Annotated Statement of Undisputed Facts setting forth concise, numbered paragraphs reciting each proposed material fact as to which the moving party contends there is no genuine dispute, annotated by pinpoint citation to the supporting evidence in the Evidence Index in Support.

Failure to submit such a Statement may constitute grounds for denial of the motion.

(B) Opposing Party's Materials in Opposition. Each party opposing a motion for summary judgment or partial summary judgment must file with the clerk and serve on all parties of record:

(1) an Evidence Index in Opposition listing all evidence to be offered in opposition to the motion for summary judgment; and

(2) an Annotated Statement of Disputed Facts setting forth concise, numbered paragraphs reciting each proposed material fact of the moving party as to which the opposing party contends there is a genuine dispute, annotated by pinpoint citation to the supporting evidence in the Evidence Index in Opposition.

Failure to submit such a Statement may constitute grounds for sustaining the motion.

(C) For purposes of this rule, where competing motions are filed, a party shall be considered as the moving party regarding a motion or motions asserted by that party and as an opposing party regarding a motion or motions asserted by another party.

(D) The assigned judge is expected to schedule deadlines for compliance with this rule and the summary judgment statutes so as to ensure a fair opportunity for all parties to present their evidence. The judge may, in the judge's discretion, extend any deadline for compliance with any requirement under this rule.

End

Amendment History

§ 6-1471 adopted September 5, 2018.

Plain-English Summary

Summary judgment turns on whether the material facts are disputed, so this rule structures how that record gets built. A party moving for summary judgment or partial summary judgment must file, and serve on every other party, an Evidence Index in Support listing all the evidence offered, along with an Annotated Statement of Undisputed Facts — concise, numbered paragraphs reciting each fact the movant contends is undisputed, each one pinned to the specific supporting evidence in the index. Skipping the statement can be grounds for denying the motion outright.

The opposing party faces a mirrored requirement: an Evidence Index in Opposition and an Annotated Statement of Disputed Facts, numbering each fact from the moving party’s statement that the opponent contends is disputed, again with pinpoint citations to the opposing evidence. Skipping that statement can be grounds for granting the motion.

Where both sides file competing summary judgment motions, the rule treats each party as the moving party for its own motion and the opposing party for the other side’s, so both statements and indexes still have to be filed regardless of who filed first. The assigned judge sets the deadlines for complying with this rule and the summary judgment statutes to give every party a fair chance to present their evidence, and can extend any of those deadlines at the judge’s discretion.

Frequently Asked Questions

What has to be filed along with a summary judgment motion in county court?

An Evidence Index in Support listing the supporting evidence, and an Annotated Statement of Undisputed Facts with numbered paragraphs pinned to that evidence by pinpoint citation.

What happens if I don’t file the Annotated Statement of Undisputed Facts?

Failing to submit it can be grounds for the court denying the summary judgment motion.

What must the opposing party file in response to a summary judgment motion?

An Evidence Index in Opposition and an Annotated Statement of Disputed Facts, identifying each fact the opponent contends is disputed and citing the supporting evidence.

What if both sides file competing summary judgment motions?

Each party is treated as the moving party regarding its own motion and as the opposing party regarding the other side’s, so both parties must file the full set of required documents for each motion.

Can the judge extend the deadlines for filing these summary judgment materials?

Yes. The assigned judge sets the compliance deadlines and may extend any of them in the judge’s discretion.

Source & verification. Section text and amendment history are reproduced verbatim from the Nebraska Judicial Branch, adopted by the Supreme Court of Nebraska. Last verified July 22, 2026. · Official source

Also known as: summary judgment procedure nebraska county courtannotated statement of undisputed factsevidence index in support requirementopposing summary judgment motion nebraskastatement of disputed facts county courtMSJ nebraska county court