Substitution of Attorney

SUBSTITUTION OF ATTORNEY — NEBRASKA STATE COURT

JURISDICTION AND PROCEDURAL OVERVIEW

Governing Rules: Neb. Ct. R. § 6-1105 (formerly § 6-1510) governs serving and filing pleadings and other documents in Nebraska trial courts and requires that the name, address, Nebraska attorney identification number, email address, and telephone number of the attorney handling the matter appear on each pleading. Nebraska Rules of Professional Conduct § 3-501.16 governs withdrawal from representation.

Court Approval: Nebraska practice on court approval for substitution:

• Consensual substitution (client, withdrawing attorney, and new attorney all agree): A Stipulation for Substitution of Counsel may be filed, often accompanied by a proposed order, which the judge signs. Many Nebraska district courts expect at least a proposed order even for consensual substitutions.
• Non-consensual withdrawal: Requires a motion, notice to the client as a separate party, and a court order. The court may deny withdrawal if it would materially prejudice the client's interests or delay the proceedings.
• Nebraska's Uniform District Court Rules of Practice and Procedure (Article 15) set baseline standards, but judges may have standing orders with additional requirements. Check the specific judge's standing orders on the Nebraska Judicial Branch website.

E-Filing System (JUSTICE): Nebraska uses the JUSTICE (Judicial Unified State Technology Interface for Courts Electronically) e-filing system for all trial courts. JUSTICE eFiling is mandatory for attorneys in good standing with the Nebraska State Bar. Filed documents must include the attorney's Nebraska identification number per Neb. Ct. R. § 6-1105. After substitution, the new attorney must update the JUSTICE service list and the withdrawing attorney must be removed.

Nebraska Attorney Identification Number Format: Nebraska attorney identification numbers are assigned by the Nebraska State Bar Association and are typically formatted as a numeric identifier (e.g., 12345). The identification number must appear on each pleading and filing per Neb. Ct. R. § 6-1105.

Pending Deadlines: A substitution does not automatically stay, toll, or extend any pending deadlines, discovery cutoffs, trial settings, or hearing dates. New counsel must immediately review the JUSTICE case docket and seek continuances or extensions if additional time is needed.

COURT CAPTION

IN THE DISTRICT COURT OF [________________________________] COUNTY, NEBRASKA

[________________________________],
Plaintiff,

vs. Case No. [__]-[____]-[____________]

[________________________________],
Defendant.

(For County Court cases:)

☐ IN THE COUNTY COURT OF [________________________________] COUNTY, NEBRASKA

STIPULATION FOR SUBSTITUTION OF ATTORNEY

(and Proposed Order of Substitution)

Party Represented: ☐ Plaintiff ☐ Defendant ☐ Third-Party Plaintiff ☐ Third-Party Defendant ☐ Counter-Claimant ☐ Other: [________________________________]

Party Name: [________________________________]

I. STIPULATION FOR SUBSTITUTION OF ATTORNEY

COME NOW the parties, by and through their respective counsel, and stipulate and agree, pursuant to Neb. Ct. R. § 6-1105 and Nebraska Rules of Professional Conduct § 3-501.16, that [________________________________] ("Substituting Attorney") is substituted as attorney of record for [________________________________] ("Client") in the above-captioned matter in place of [________________________________] ("Withdrawing Attorney"), subject to the entry of the Order of Substitution below.

☐ This substitution is consensual; all parties listed below have signed this document.

☐ A proposed Order of Substitution is submitted herewith for the Court's signature (see Section VII).

☐ This substitution is pursuant to prior court order dated [__/__/____] (attached as Exhibit A).

II. WITHDRAWING ATTORNEY INFORMATION

Full Name: [________________________________]

Nebraska Attorney Identification Number: [____________________]

Law Firm / Organization: [________________________________]

Street Address: [________________________________]

City, State, ZIP: [________________________________], Nebraska [________]

Telephone: ([____]) [____]-[________]

Facsimile: ([____]) [____]-[________]

Email Address (Primary for Service): [________________________________]

JUSTICE E-Filing Login Email: [________________________________]

III. SUBSTITUTING (NEW) ATTORNEY INFORMATION

Full Name: [________________________________]

Nebraska Attorney Identification Number: [____________________]

Law Firm / Organization: [________________________________]

Street Address: [________________________________]

City, State, ZIP: [________________________________], Nebraska [________]

Telephone: ([____]) [____]-[________]

Facsimile: ([____]) [____]-[________]

Email Address (Primary for Service): [________________________________]

JUSTICE E-Filing Login Email: [________________________________]

IV. CLIENT IDENTIFICATION AND CONSENT

Client / Party Name: [________________________________]

Client Mailing Address: [________________________________]

City, State, ZIP: [________________________________]

Client Telephone: ([____]) [____]-[________]

I, the undersigned Client, hereby state and confirm:

1. I have been fully informed of and understand the nature of this substitution of counsel.
2. I freely and voluntarily consent to the withdrawal of [________________________________] as my attorney in this matter.
3. I freely and voluntarily consent to the substitution of [________________________________] as my attorney of record.
4. I understand that this substitution does not alter, stay, or extend any pending deadlines, hearing dates, or court orders in this case.
5. I have been advised by withdrawing counsel of all pending deadlines, hearings, and outstanding case obligations.
6. I have received or will receive from withdrawing counsel all client files, documents, and property to which I am entitled under Neb. Rules of Prof. Conduct § 3-501.16(d).
7. I understand that any fee arrangements with new counsel are separate and apart from any outstanding obligations I may have to withdrawing counsel.

Client Signature: [________________________________]

Printed Name: [________________________________]

Date: [__/__/____]

V. ATTORNEY CERTIFICATIONS

A. Withdrawing Attorney Certification

I, [________________________________], Nebraska Attorney ID No. [____________________], certify that:

1. I am withdrawing as attorney of record for [________________________________] in the above-captioned case.
2. I have provided the client with reasonable advance notice of this withdrawal.
3. I have provided or will promptly provide to the client or new counsel the client's complete file, all original documents, and all materials to which the client is entitled.
4. I have advised substituting counsel of all pending deadlines, hearing dates, trial settings, and outstanding discovery obligations as of the date of this filing.
5. My withdrawal complies with Nebraska Rules of Professional Conduct § 3-501.16, including subdivision (d) regarding protection of client interests.
6. ☐ There are no outstanding fee disputes between myself and the client.
7. ☐ A fee dispute exists and is being addressed separately. (Details are not included in this filing.)

Signature of Withdrawing Attorney: [________________________________]

Printed Name: [________________________________]

Nebraska Attorney ID No.: [____________________]

Email (for service): [________________________________]

Date: [__/__/____]

B. Substituting Attorney Certification

I, [________________________________], Nebraska Attorney ID No. [____________________], certify that:

1. I am entering as attorney of record for [________________________________] in the above-captioned case.
2. I have reviewed the case docket and am aware of all pending deadlines, hearings, and outstanding obligations.
3. I am a member of the Nebraska State Bar Association in good standing, with no active disciplinary proceedings.
4. I accept full responsibility for all future filings, appearances, and obligations in this matter.
5. I have registered or will immediately register with the JUSTICE e-filing system for this case and have updated or will update the service list for this case.
6. I am familiar with the Nebraska Uniform District Court Rules (Article 15) and the standing orders of the presiding judge, if any.

Signature of Substituting Attorney: [________________________________]

Printed Name: [________________________________]

Nebraska Attorney ID No.: [____________________]

Email (for service): [________________________________]

Date: [__/__/____]

VI. SUBSTITUTION CHECKLIST

New Attorney — Entering Appearance

☐ Confirmed Nebraska attorney identification number is current and active (verify at nebar.com)
☐ Confirmed active standing with the Nebraska State Bar Association
☐ Registered with Nebraska JUSTICE e-filing system (nebraskajudicial.gov/e-services/efiling)
☐ Updated service list in JUSTICE for this case: new attorney added
☐ Reviewed complete case docket on JUSTICE
☐ Obtained complete client file from withdrawing attorney
☐ Calendared all pending deadlines, hearings, and trial settings
☐ Reviewed scheduling order and any standing orders from the presiding judge
☐ Checked judge's standing orders on Nebraska Judicial Branch website
☐ Reviewed Nebraska Uniform District Court Rules (Article 15)
☐ Reviewed outstanding discovery requests and response deadlines
☐ Notified opposing counsel of entry of appearance
☐ Confirmed client's signed consent to substitution
☐ Prepared Stipulation for Substitution and proposed Order of Substitution
☐ Filed Stipulation and proposed Order through JUSTICE e-filing system

Withdrawing Attorney — Exiting Representation

☐ Provided complete client file to client or new counsel
☐ Returned all original documents, physical evidence, and exhibits to client
☐ Addressed outstanding fee agreements, liens, or retainer balances
☐ Confirmed client has new counsel's contact information
☐ Notified all opposing parties and counsel of withdrawal
☐ Removed self from JUSTICE service list for this case
☐ Completed all outstanding duties that cannot be abandoned mid-matter
☐ Complied with Neb. Rules of Prof. Conduct § 3-501.16(d) regarding client property transition

JUSTICE E-Filing System Steps

☐ Filed Stipulation for Substitution through JUSTICE (nebraskajudicial.gov/e-services/efiling)
☐ Submitted proposed Order of Substitution through JUSTICE for judge's signature
☐ Verified JUSTICE service list: new attorney email added; withdrawing attorney email removed
☐ Confirmed entry of Order of Substitution on case docket
☐ Downloaded and retained copy of entered Order for file

Administrative and Court Steps

☐ Filed Stipulation for Substitution and proposed Order with the clerk
☐ Paid any required filing fee (verify with clerk; often no fee for a stipulation)
☐ Served all opposing counsel and self-represented parties per Neb. Ct. R. § 6-1105
☐ Confirmed court's receipt, docketing, and entry of the Order of Substitution
☐ Notified court clerk and judge's chambers if any upcoming hearing is imminent

VII. PROPOSED ORDER OF SUBSTITUTION OF ATTORNEY

(To be signed by District or County Court Judge and entered in JUSTICE)

IN THE DISTRICT COURT OF [________________________________] COUNTY, NEBRASKA

[________________________________],
Plaintiff,

vs. Case No. [__]-[____]-[____________]

[________________________________],
Defendant.

ORDER OF SUBSTITUTION OF ATTORNEY

THIS MATTER having come before the Court upon the Stipulation for Substitution of Attorney signed by all parties, and the Court having reviewed the stipulation and being duly advised in the premises;

IT IS HEREBY ORDERED that:

1. [________________________________], Nebraska Attorney ID No. [____________________], of [________________________________], is hereby substituted as attorney of record for [________________________________] in the above-captioned case.

2. [________________________________], Nebraska Attorney ID No. [____________________], of [________________________________], is hereby permitted to withdraw as attorney of record for [________________________________] in the above-captioned case and is relieved of all further duties herein, except as otherwise required by the Nebraska Rules of Professional Conduct.

3. All future notices, orders, pleadings, and correspondence in this matter shall be directed to substituting counsel at the address and email stated in the Stipulation for Substitution.

4. No pending deadlines, discovery cutoffs, or hearing dates are extended, stayed, or tolled by reason of this Order unless separately ordered by this Court.

5. ☐ The following upcoming hearing/deadline is CONTINUED to [__/__/____] to allow new counsel reasonable time to prepare: [________________________________].

IT IS SO ORDERED this [____] day of [________________________________], 20[____].

[________________________________]
☐ District Court Judge ☐ County Court Judge
[________________________________] County, Nebraska

VIII. CERTIFICATE OF SERVICE

I hereby certify that on [__/__/____], a true and correct copy of the foregoing Stipulation for Substitution of Attorney, proposed Order, and all attachments was served upon all parties and counsel of record in this matter via the methods indicated below, in accordance with Neb. Ct. R. § 6-1105(b):

Signature of Person Serving: [________________________________]

Printed Name: [________________________________]

Nebraska Attorney ID No.: [____________________]

Email (for service): [________________________________]

Date of Service: [__/__/____]

IX. PRACTICE NOTES AND STATE-SPECIFIC GUIDANCE

JUSTICE E-Filing System: The JUSTICE (Judicial Unified State Technology Interface for Courts Electronically) system is Nebraska's mandatory electronic filing platform for all attorney filings in trial courts. Access JUSTICE eFiling at nebraskajudicial.gov/e-services/efiling. E-filing is required for all attorneys in good standing with the Nebraska State Bar for all case types in the JUSTICE trial court case management system. The appellate court system uses a separate system called SCCALES.

Nebraska Attorney Identification Number: Nebraska attorney identification numbers are assigned by the Nebraska State Bar Association (nebar.com). Per Neb. Ct. R. § 6-1105, the attorney's name, address, Nebraska attorney identification number, email address, and telephone number must appear on each pleading and other court filing. Verify your identification number and active status at nebar.com.

Neb. Ct. R. § 6-1105 (Effective January 1, 2025): As of January 1, 2025, Nebraska implemented a revised version of the Nebraska Court Rules for Pleadings in Civil Cases (Chapter 6, Article 11). The rule confirms that persons represented by an attorney must file electronically unless non-electronic filing is allowed by court rule. Verify that you are using the current version of the rules.

Nebraska Rules of Professional Conduct § 3-501.16(d): Withdrawing counsel must take steps reasonably practicable to protect the client's interests: (1) give reasonable notice to the client; (2) allow time for employment of other counsel; (3) surrender papers and property to which the client is entitled; and (4) refund any advance payment not yet earned.

Uniform District Court Rules (Article 15): Nebraska's Uniform District Court Rules of Practice and Procedure (Article 15) apply to all district courts statewide and address general practice requirements. Judges may also have individual standing orders published on the Nebraska Judicial Branch website. Review the assigned judge's standing orders before filing.

District Court vs. County Court: Nebraska has 93 district courts (one per county) for felony and civil cases with amounts over $59,000, and 93 county courts for lower-value civil cases and misdemeanors. The caption format differs between the two. Use the correct court designation.

Pending Deadlines and Continuances: Substitution alone does not stay any case deadline. If new counsel needs time to prepare, file a motion for continuance promptly explaining the circumstances of the substitution. Nebraska courts generally accommodate reasonable requests when substitution is not a dilatory tactic.

Fee Liens: Nebraska recognizes attorneys' charging liens. If withdrawing counsel intends to assert a lien for unpaid fees against the client's recovery, that claim should be addressed separately and documented before the substitution is completed.

X. SOURCES AND REFERENCES

• Neb. Ct. R. § 6-1105: supremecourt.nebraska.gov
• Nebraska JUSTICE E-Filing: nebraskajudicial.gov
• Nebraska Judicial Branch — Attorneys: nebraskajudicial.gov/administration/attorneys
• Uniform District Court Rules (Article 15): nebraskajudicial.gov
• Nebraska State Bar Association: nebar.com
• Nebraska Judicial Branch: nebraskajudicial.gov