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§ 6-1461.Modification of rules.

Article 14: Uniform County Court Rules of Practice and Procedure · Not amended since adoption on record · Last verified July 22, 2026

In one sentenceThis rule lets a county court modify any of the preceding Article 14 rules in special instances, when doing so is necessary to meet an emergency or to avoid injustice or serious hardship.

Full Text of § 6-1461

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Any of the foregoing rules shall be subject to such modification by the court as may be necessary in special instances to meet emergencies or to avoid injustice or great hardship.
Renumbered to Rule 59, July 19, 1995; renumbered to Rule 60, October 17, 1996; renumbered to Rule 61 November 26, 1997. Renumbered and codified as § 6-1461, effective July 18, 2008.

Plain-English Summary

No set of rules can anticipate every situation, so Article 14 ends its practice sections with a safety valve. Any of the foregoing rules can be modified by the court when special circumstances call for it — to meet an emergency, or to avoid an injustice or serious hardship that strict application of the rule would otherwise produce.

The provision has been renumbered several times over the years as Article 14 grew, but its substance has stayed the same since it was first adopted: a narrow, case-specific power to bend a procedural rule rather than a broad license to disregard the rules generally. It reaches the rules within Article 14 itself; it does not touch Nebraska statutes or rules found elsewhere.

Frequently Asked Questions

Can a county court judge deviate from the standard Article 14 rules?

Yes, but only in special instances where doing so is necessary to meet an emergency or to avoid injustice or great hardship, not as a routine practice.

What kinds of situations justify modifying a rule under this section?

The rule speaks in terms of emergencies and avoiding injustice or great hardship, leaving the judge to assess whether a particular case’s circumstances meet that standard.

Does this rule let a judge disregard a Nebraska statute?

No. It applies to modifying the rules set out earlier in Article 14, not to overriding statutory law.

Has this rule been renumbered before?

Yes. Its history shows it moved from an earlier rule number through several renumberings before landing at its current section number, without any change to what it does.

Who decides whether an emergency or hardship justifies modifying a rule?

The court handling the case makes that determination based on the specific circumstances presented.

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
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