All statements and communications by counsel will be clearly and audibly made from the counsel table. While court is in session, counsel shall not leave their places at the counsel table for a conference at the bench unless permitted by the judge to do so. Counsel shall address witnesses, other counsel, and prospective jurors by their surnames. Counsel shall not comment on answers given by witnesses. Arguments by counsel shall be addressed to the court and not to each other. Counsel shall orally identify themselves on the record in open court.
§ 6-1401.Conduct in the courtroom.
Article 14: Uniform County Court Rules of Practice and Procedure · Last amended July 18, 2008 · Last verified July 22, 2026
In one sentenceSection 6-1401 sets basic courtroom conduct rules for lawyers appearing in Nebraska county court — speaking from the counsel table, addressing people by surname, directing argument to the judge, and identifying themselves on the record — so hearings run in an orderly, transcribable way.
Full Text of § 6-1401
Amendment History
Rule 1 amended September 1991. Renumbered and codified as § 6-1401, effective July 18, 2008.
Plain-English Summary
Section 6-1401 is about courtroom manners, but manners with a purpose: they keep a hearing orderly and keep the record clear enough for a court reporter — or a digital recording under § 6-1405 — to capture what happened. Lawyers speak from the counsel table rather than moving around the room, and they cannot slip up to the bench for a private word with the judge unless the judge invites it. Everyone gets called by surname: witnesses, opposing counsel, and any prospective juror sitting through voir dire.
The rule also polices tone. Counsel argue to the judge, not to the lawyer across the aisle, and they do not editorialize on a witness’s answer mid-hearing. Because more than one attorney may appear at counsel table on a given day, each lawyer states their name on the record at the start, so the transcript — or audio file — shows who said what.
None of this changes the substance of a case. It is stagecraft for a public proceeding: it keeps arguments civil, keeps the identity of speakers straight for the record, and keeps the judge, not opposing counsel, as the audience for every argument.
Frequently Asked Questions
Can my attorney approach the bench to talk with the judge during a hearing?
Only with the judge’s permission. Section 6-1401 requires counsel to stay at the counsel table while court is in session unless the judge allows a bench conference.
Why does the rule require lawyers to use surnames?
It keeps the proceeding formal and the record clear — witnesses, opposing counsel, and prospective jurors are addressed by surname rather than by first name.
Can a lawyer comment on what a witness just said while questioning continues?
No. The rule bars counsel from commenting on a witness’s answers; objections and argument go through the judge instead.
Who does a lawyer address during oral argument?
The court. Section 6-1401 requires arguments to be addressed to the judge, not exchanged directly between opposing counsel.
Does every attorney have to state their name on the record?
Yes. Counsel identify themselves orally on the record in open court, which matters when several lawyers appear at counsel table over a hearing.
Does this rule apply to civil cases only?
No. It applies to any proceeding in Nebraska county court, civil, criminal, or otherwise, since it addresses general courtroom conduct rather than a specific case type.
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
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