How Should I Prepare for Court and Act in a Nebraska Courtroom?

Start by asking your lawyer two questions: what will the judge decide at this hearing, and will I testify? The answers shape everything else. Unless the court has authorized a different arrangement, Nebraska's district court rules expect parties to be in the courtroom and ready to proceed at the time the hearing is set, so leave time for parking and security. Lancaster County's Hall of Justice, for example, screens for everyday items like pocket tools, scissors, and pepper spray. Dress as you would for an important event; you don't need to buy a suit. Check your courthouse's device rules, because a silenced phone is not permission to use it. Ask your lawyer how to preserve and present any evidence that lives on your phone. When you testify, listen to the whole question, tell the truth, say "I don't know" when that's the honest answer, and stop talking if someone objects. Be thoughtful about notes. Under Nebraska's evidence rules, a writing you use to refresh your memory for testimony, even before you take the stand, may have to be produced to the other side. If a witness says something you believe is wrong, pass your lawyer a note instead of reacting. If you need a disability accommodation, the Nebraska Judicial Branch recommends requesting it at least 10 business days ahead when possible. Raise interpreter needs early too. Feeling emotional in court is human, and a plan for breaks and safety helps. In custody cases, composure is not a substitute for evidence. The judge applies the best-interests standard, which Nebraska amended effective July 18, 2026. Our clients also have access to in-house co-parenting and divorce coaching at no additional fee, which can help them prepare for the human side of court day.

Most people walk into a courtroom with very practical worries. Where do I sit? Will I have to talk? What if my ex says something that isn't true? What if I cry?

You can get answers to most of those questions before the hearing. The goal isn't to look perfect. It's to understand the hearing well enough to listen, answer clearly, and let your lawyer do their job.

This guide covers Nebraska state-court hearings, including divorce and custody cases, guardianship and conservatorship matters, probate, and civil lawsuits. Requirements vary by court, hearing, and judge. Follow applicable law and court orders, check your hearing notice, and ask your lawyer to resolve any conflicting instructions.

Start with what this hearing is for

Before anything else, ask your lawyer what the judge can actually decide at this hearing and what your role will be. A status conference, a temporary-orders hearing, and a trial each call for different preparation.

Some hearings are decided mostly on written affidavits and the lawyers' arguments. Others involve live testimony. Find out which kind yours is and which issues are actually in front of the judge. You may have a long list of concerns about the other party. A hearing on temporary support, for example, may not be the place to resolve every parenting disagreement. If your hearing will rely on affidavits, our post on using AI to draft an affidavit explains why your sworn words need to be your own.

Get your documents to your lawyer early, and keep the original messages, files, and devices intact. A text thread on your phone or a folder in your bag isn't automatically evidence the judge can consider. Printing a screenshot doesn't, by itself, make it admissible either.

Ask your lawyer how to preserve and present electronic evidence. A courtroom device restriction may prevent you from simply showing the judge your phone. Don't plan to solve an evidence problem by handing something to the judge yourself.

Plan for the courthouse, not just the courtroom

Unless the court has authorized a different arrangement, such as a remote appearance, Nebraska's district court rules require parties and their attorneys to be "present in the courtroom and prepared to proceed" at the time set for the hearing. Neb. Ct. R. § 6-1511(A).

Pulling into the parking garage at that time is late. Leave enough time to park, get through security, find the courtroom, and talk with your lawyer before you go in. If your lawyer hasn't told you when and where to meet, ask.

Security screening catches people off guard. Lancaster County's Hall of Justice in Lincoln, for example, posts its own list of items that can't come into the building. The list includes knives, scissors, pocket tools, corkscrews, glass bottles, and mace or pepper spray.

Under that building's posted policy, legal items that are banned from the building won't be confiscated if you're willing to return them to your vehicle. Other courthouses have their own rules. If someone is dropping you off or you're taking the bus, returning an item to a vehicle isn't an option, so check your bag and keychain before you leave home.

Bring your hearing notice, your lawyer's phone number, and anything your lawyer asked you to bring. Arrange childcare and work coverage with room for delays, because hearings don't always start on time.

If you need medication, food, water, or an assistive device during a long hearing, talk with your lawyer ahead of time. District court rules prohibit eating and drinking in the courtroom while court is in session, § 6-1511(C). Douglas County Court's rules say the same.

What to wear

The Judicial Branch's court-preparation guide is straightforward:

  • Dress as you would for an important event.

  • Skip T-shirts and clothing with messages.

  • Don't dress down to gain sympathy.

That doesn't mean buying a suit. Clean, comfortable clothes you'd wear to a serious appointment are usually right.

You may come across detailed dress codes in local rules, like Lancaster County District Court's description of business wear. Those provisions are written for attorneys, not parties. If cost, religious dress, a medical need, or accessibility affects what you can wear, tell your lawyer instead of stretching your budget.

Check the phone rules before you go

Check the current device rules for your courthouse and courtroom. A silenced phone is not permission to use it. A few examples:

  • Lancaster County District Court. Without the judge's prior authorization, this court prohibits photography, video or audio recording, and communicating information with electronic equipment, including a cell phone, from inside the courtroom. Separate rules govern news-media coverage. The rule warns that a person using an electronic device may be found in contempt and removed from the courthouse, and that devices may be confiscated. Rule 3-6(B).

  • Douglas County District Court. This court prohibits anyone, including attorneys, from using cell phones and other electronic devices in the courtroom without the court's permission. Rule 4-7(B).

  • Douglas County Court. This court also prohibits cell phone and electronic device use without the court's permission. Rule 1-4.

The Judicial Branch's general guidance suggests leaving phones and computers in your car. That may not work if you use a medical device, need your phone for an accommodation, or don't have a secure place to leave it. Talk with your lawyer ahead of time about those situations, and about how you'll get an urgent childcare message during a break.

Don't plan to record the hearing so you can remember it later. Ask your lawyer to walk you through what happened afterward instead.

Inside the courtroom

Courtrooms run on a few habits that help everyone:

  • Stand when the judge enters. When court recesses or concludes, stay seated until the judge (and the jury, if there is one) has left. District court rules call for both. § 6-1511(C). If a disability or medical condition makes standing difficult, tell your lawyer so the court can be asked about an accommodation.

  • Address the judge as "Your Honor."

  • Speak when the judge or the questioning lawyer addresses you. Your lawyer handles arguments and objections.

  • Keep any conversation with your lawyer brief and quiet, and never talk over testimony.

  • Try not to react visibly to what other witnesses say. The Judicial Branch's guidance specifically asks people not to react. Eye-rolls, head shakes, and audible sighs are easy to see from the bench.

If a witness says something you believe is wrong

This is the moment most clients worry about, so plan for it. Agree with your lawyer before the hearing on how you'll flag a problem, usually with a short written note.

A useful note is specific. It names the statement you dispute and the date, document, or message that shows otherwise. Then let your lawyer decide whether and how to use it.

Not every inaccurate statement will get an immediate response. Relevance, the scope of the hearing, the available evidence, and the judge's directions all affect what your lawyer can address and when. Interrupting makes it harder for your lawyer to listen and respond.

When you testify

Your job on the stand is accuracy, not performance. A few habits help:

  • Listen to the entire question before you answer.

  • Answer out loud. Nods and shrugs don't make it into the record.

  • Say so if you don't understand a question. You can ask for it to be repeated or rephrased.

  • Say "I don't know" or "I don't remember" when that's the truth. If you're estimating a date or an amount, say it's an estimate.

  • Answer "yes" or "no" when you can. If a yes-or-no answer would be misleading, say that you need to explain, and follow the judge's direction.

  • Don't argue with the lawyer asking questions, and don't ask questions back.

  • Stop talking if anyone objects, and wait for the judge. If the objection is sustained, don't answer unless the judge tells you to. If it's overruled, answer the question.

  • Correct a mistake as soon as you can if you realize you made one.

The Judicial Branch's guide is blunt about honesty: even a small untruth can make it harder for a judge to believe the rest of what you say.

Cross-examination can be uncomfortable, and testing a witness's credibility is part of the process. You still have some protection. Nebraska's evidence rules direct the judge to exercise reasonable control over how witnesses are questioned. One purpose of that control is to "protect witnesses from harassment or undue embarrassment." Neb. Rev. Stat. § 27-611(1).

Objections are your lawyer's job; yours is accurate answers. Nebraska's evidence rules don't apply the same way in every type of proceeding, so ask your lawyer how they apply to your hearing.

Be careful with notes, journals, and messages you review

Many people want to reread a journal, a timeline, or old texts the night before testifying. Talk with your lawyer first.

Under Nebraska's evidence rules, a witness may use a writing to refresh their memory for the purpose of testifying, "either before or while testifying." If they do, the other side is entitled to:

  • have the writing produced at the hearing

  • inspect it

  • cross-examine the witness about it

  • introduce the portions that relate to the testimony

The judge can review the writing privately and remove portions unrelated to the testimony. Neb. Rev. Stat. § 27-612.

This rule concerns writings used to refresh memory for testimony, not every document you have ever read. Discuss potentially confidential or privileged materials with your lawyer before using them to prepare. Don't assume a document is protected just because your lawyer approved reviewing it.

Ask your lawyer before bringing notes to the witness stand. The judge controls whether and how you may consult a document while testifying. If you've been keeping notes for your case, our post on polishing your notes with AI explains why your original, specific notes usually serve you better.

Plan for emotions and safety

Tell your lawyer before the hearing if you're worried about crying, freezing, sensory overload, or being near the other party. A plan might include a signal that you need a moment, a request for a short break, or arrangements for when you arrive, wait, and leave.

Feeling emotional in court is human. Becoming emotional does not, by itself, establish the legal issues the court must decide. If you become overwhelmed, ask for a moment and follow the judge's directions, or let your lawyer request a break. Don't leave the witness stand without permission.

Conduct aimed at others is different: comments to witnesses, threats, arguing across the courtroom, or deliberate disruption. Nebraska courts have statutory power to punish, as contempt, disorderly or contemptuous behavior in the court's presence and disturbances that interrupt proceedings. Neb. Rev. Stat. § 25-2121. Ordinary distress is not the same thing. Planning ahead helps you handle stress without worrying about every tear.

If there has been abuse, stalking, or a protection order, tell your lawyer about the safety concern and the order's terms well before the hearing. Ask about safer arrival, waiting, and departure arrangements.

Follow any protection order. Attending the same hearing does not, by itself, authorize contact. Courtroom courtesy never requires you to make conversation with someone who has harmed you, and you shouldn't initiate contact to look cooperative. If you face an immediate threat at the courthouse, alert court security or call emergency services right away. Don't wait to reach your lawyer.

Where coaching fits

For our clients, this part of preparation doesn't have to happen alone. Clients of Zachary W. Anderson Law have access to in-house co-parenting and divorce coaching at no additional fee.

Before a hearing, coaching can help you plan for the human side of the day:

  • what you'll do if you feel flooded

  • how you'll handle the hallway

  • how to walk in prepared instead of activated

Coaching provides practical support. It does not replace legal advice or therapy. Your attorney handles legal strategy and testimony preparation.

Accommodations and interpreters

If a disability affects how you participate, raise it early. The Nebraska Judicial Branch asks people to submit its ADA Accommodation Request Form. It recommends submitting the form at least 10 business days before the accommodation is needed, when possible.

Requests are considered individually and may involve some back-and-forth with the court about what will work. If your hearing is sooner than that, ask anyway, and ask right away.

If you or a witness needs an interpreter, tell your lawyer or the court as soon as you know, including the specific language and dialect. Nebraska law directs the presiding judge to appoint an interpreter to assist a person unable to communicate in English for the preparation and trial of the case. Neb. Rev. Stat. § 25-2403.

Ask for a court interpreter rather than relying on a relative or friend. Ask your lawyer separately how interpretation will be handled for your private meetings.

If your hearing is remote

Remote testimony and a fully remote hearing are different requests. Confirm exactly what the court has authorized before you plan to appear by video.

Under Nebraska law, a judge has discretion to use telephone or video for certain proceedings that don't involve live witness testimony. Neb. Rev. Stat. § 24-734(3).

In civil cases, a judge must allow a witness to testify by telephone or video when good cause is shown, unless an objection is sustained. § 24-734(5)(a)–(c).

  • A party who objects on grounds of unreliability or unfairness must prove it by a preponderance of the evidence.

  • The requesting party generally pays the costs, unless the court orders otherwise for good cause.

Local rules add detail. In the Second Judicial District, which covers Cass, Otoe, and Sarpy Counties, district court proceedings are presumed to be in person. To schedule a remote proceeding:

  • Contact the bailiff at least five days before the hearing.

  • Make sure the notice of hearing clearly states that the hearing will be held remotely.

  • Provide exhibits to the court reporter and all opposing parties 48 hours before the hearing, unless law or local rules provide otherwise.

Different procedures can apply during emergency court operations.

That rule also treats a video hearing as if it were in court:

  • Stay muted unless directed otherwise.

  • Dress and behave appropriately.

  • Don't eat or conduct other business.

  • Silence your phone unless you're using it for the hearing.

  • Keep pets out of the room.

  • Limit who is in the room to counsel, the client, and potentially a witness.

  • Don't record. Recording is strictly prohibited.

If your hearing is remote, test your camera, microphone, and connection ahead of time. Keep a backup phone number for technical problems, and find a quiet, private place to sit. Ask your lawyer which documents you may have in front of you, and never take prompts from anyone off camera.

In custody cases, connect your concerns to your child

Nebraska custody decisions turn on the child's best interests. The Parenting Act says those interests require a parenting arrangement that provides for a child's "safety, emotional growth, health, stability, and physical care." For school-age children, the arrangement must also provide for regular school attendance and progress. Neb. Rev. Stat. § 43-2923(1).

Nebraska amended the statutory best-interests factors effective July 18, 2026. The factors now include "credible evidence showing increased intellectual and social growth in children who have equal access to both parents." That sits alongside credible evidence of abuse, safety, and other best-interests considerations. § 43-2923(6).

That factor does not create an automatic equal-time rule or guarantee any particular schedule. The court weighs it with everything else. Our post on whether conflict with your ex can hurt your custody case discusses how conflict can come into play.

For court day, specific facts help more than labels. "She's controlling" tells the judge very little. Tell the judge what happened, when it happened, how it affected your child, and what arrangement you're asking for. That gives the judge something to work with. Be ready to talk accurately about schedules, caregiving, school, communication, and any safety concerns.

Composure is not a substitute for evidence. The judge applies the best-interests standard, and courtroom behavior may affect how testimony is understood.

After the hearing

Before you leave, ask your lawyer:

  • What did the judge decide, and what's still unresolved?

  • Is a written order coming?

  • Which orders remain in effect?

  • What does any new ruling require of me?

Some deadlines that follow a ruling are short. Don't assume an appeal or a request for reconsideration suspends an order.

If the result is disappointing, have that conversation with your lawyer in private. Ask whether clarification, a further motion, an appeal, or a later modification might be available, and what deadlines apply.

Keep case talk out of hallways, elevators, and parking lots. Hold off on social media posts or messages to the other party until you've talked with your lawyer.

Court-day checklist: what to gather and bring

  • Your hearing notice, with the building and courtroom

  • Your lawyer's cell or office number

  • Any documents your lawyer asked for, in the form your lawyer requested, with the originals kept intact

  • Any notes you and your lawyer have discussed reviewing

  • Medication, glasses, hearing aids, or other assistive devices

  • Backup plans for childcare, work, and transportation

  • A bag and keychain with nothing from your courthouse's prohibited-items list

Questions to ask your lawyer before the hearing

  • What will the judge decide at this hearing, and what won't be decided?

  • Will I testify, or will the judge rely on affidavits?

  • When and where should we meet, and how early should I arrive?

  • What should I bring, and what should I leave at home?

  • Which notes or messages, if any, should I review before testifying?

  • How do I flag something urgent while someone else is testifying?

  • What happens if I need a break or get emotional?

  • Can my support person come into the courtroom?

  • What happens after the hearing, and when will I see a written order?

Frequently asked questions about going to court in Nebraska

Can I bring a friend or family member for support?

Attendance depends on courtroom access rules, any closure or exclusion order, and whether the person may testify, so check with your lawyer first. If your support person might be a witness, the judge must exclude witnesses at a party's request so they can't hear other witnesses' testimony. Neb. Rev. Stat. § 27-615. The rule has exceptions, including for a party who is an individual and for a person shown to be essential to presenting a party's case.

Should I bring my children to a custody hearing?

Arrange childcare unless your lawyer or the court tells you a child should attend. Bringing a child to court to show a preference or to see the other parent puts the child in the middle of the dispute. Ask your lawyer whether and how the court may receive information from your child. Don't assume bringing the child will allow the child to address the judge.

What if I'm running late or have an emergency?

Call your lawyer right away. If you don't have one, call the court using the number on your hearing notice. A phone call or a request to reschedule doesn't move the hearing by itself. A continuance generally requires a motion showing good cause, a court order, and compliance with any local procedures. Don't assume the court will wait, and confirm whether anything has actually changed.

Can I send the judge a letter explaining my side?

Don't send the judge a private letter arguing your case. Information generally must reach the court through the proper filing and service procedures. Nebraska's Code of Judicial Conduct restricts judges from considering communications about a pending case made outside the presence of the parties or their lawyers, with limited exceptions. Neb. Rev. Code of Judicial Conduct § 5-302.9. Ask your lawyer how to submit what you want the court to consider.

Can I read from my notes while I testify?

Ask your lawyer before using notes. The judge controls whether and how you may consult a document while testifying. Separately, a writing you use to refresh your memory for testimony, even one you review before the hearing, may have to be produced to the other side. Neb. Rev. Stat. § 27-612.

What if I start crying on the stand?

It happens. Becoming emotional does not, by itself, establish the legal issues the court must decide. Ask for a moment, follow the judge's directions, and let your lawyer request a short break if you need one.

Can I appear by video instead of in person?

Only if the court has authorized it. Remote testimony by a witness and a fully remote hearing are different requests, and local rules may add notice and exhibit requirements. Confirm exactly what the court has approved before you plan to appear remotely.

What if I don't have a lawyer?

If you represent yourself, you're responsible for making any requests and presenting any evidence your position requires, subject to the court's rules and directions. Ask procedural questions when you need to. The Judicial Branch's "What You Need to Know Before Going to Court" is a helpful starting point, but it can't advise you about the issues in your case.

What if I can't hear or understand what's happening?

Say so right away. If you're testifying, ask for the question to be repeated or rephrased. Otherwise, let your lawyer know using the signal you agreed on. Don't agree to something you didn't understand. Raise ongoing hearing or communication needs as an accommodation request so the court can consider a solution.

Help preparing for a Nebraska court hearing

Good preparation covers both the legal issues and the practical demands of the day. At Zachary W. Anderson Law in Lincoln, we represent clients in divorce, custody, paternity, guardianship, conservatorship, probate, and civil litigation matters in Lancaster, Douglas, Sarpy, and surrounding counties. Our clients also have access to in-house co-parenting and divorce coaching at no additional fee.

If you have a hearing coming up, contact our office to talk about your situation. Have your hearing notice and any existing orders available so we can quickly identify the court, the issues, and the timeline.

This article provides general information about Nebraska state-court preparation and is not legal advice for your situation. Laws, court rules, and local practices change, and this article may not reflect the most recent changes. Requirements depend on the proceeding, applicable rules, and court orders. Reading this article or making an initial inquiry does not, by itself, establish an attorney-client relationship. Do not send confidential information until we confirm how to provide it securely. Contacting the firm does not extend a deadline or mean the firm has agreed to act for you.

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