Probate matters shall be presented to the judge for action at the time fixed by the order for hearing. In all cases where the matter is not heard at the time fixed by the original order or by an order of continuance, and it is desired to have the matter continued to a specific time rather than from day to day as a matter of law pursuant to statute, a written order of continuance shall be prepared by the attorney, presented to the court, and filed at the time the continuance is obtained.
§ 6-1436.Continuances.
Article 14: Uniform County Court Rules of Practice and Procedure · Not amended since adoption on record · Last verified July 22, 2026
In one sentenceRequires probate matters to be heard at the time the court sets, and when a hearing needs a date-certain continuance rather than an automatic day-to-day carryover, the attorney must prepare and file a written continuance order at the time it’s granted.
Full Text of § 6-1436
Plain-English Summary
Section 6-1436 keeps the probate docket moving in an orderly way. A probate matter is supposed to come before the judge for action at the time the original hearing order fixed. When that doesn’t happen — whether under the original order or a later order of continuance — the case law otherwise allows the matter to carry forward day to day as a matter of law.
Sometimes day-to-day carryover isn’t what anyone wants; the parties or the court would rather set a specific new date. When that’s the plan, the rule puts the responsibility on the attorney: prepare a written order of continuance, present it to the court, and get it filed at the time the continuance is obtained. That written record means the file shows exactly when the matter was continued and to what date, rather than leaving the docket to track an informal day-to-day status.
Frequently Asked Questions
When is a probate matter supposed to be heard?
At the time fixed by the order for hearing.
What happens automatically if a probate matter isn’t heard at its scheduled time?
It’s continued from day to day as a matter of law under statute, unless a specific continuance to a new date is obtained instead.
Who is responsible for preparing a written continuance order?
The attorney, who must prepare the order, present it to the court, and file it at the time the continuance is obtained.
Why would someone want a date-certain continuance instead of a day-to-day one?
A specific new hearing date gives everyone a firm point to plan around, rather than an open-ended day-to-day status that leaves the hearing date unsettled.
Does this rule apply outside of probate matters?
Section 6-1436 is written specifically for probate matters presented to the judge for action.
Source & verification. Section text is
reproduced verbatim from the Nebraska Judicial Branch, adopted by the
Supreme Court of Nebraska. Last verified July 22, 2026. ·
Official source
Also known as: probate hearing continuance nebraskawritten continuance order requirementday to day continuance probate matterrescheduling probate hearing county court