Article 15: Uniform District Court Rules of Practice and Procedure · Last amended January 1, 2022 · Last verified July 22, 2026
In one sentenceThis rule requires parties filing or opposing a summary judgment motion in Nebraska district court to submit an evidence index and a numbered, citation-annotated statement of facts, so the court can see at a glance exactly what is and is not disputed.
(A)Moving Party's Materials in Support of Motion. When a motion for summary judgment or partial summary judgment is filed, the moving party must simultaneously file with the clerk and serve on all parties of record:
(1)an Evidence Index in Support listing all evidence to be offered in support of the motion for summary judgment; and
(2)an Annotated Statement of Undisputed Facts setting forth concise, numbered paragraphs reciting each proposed material fact as to which the moving party contends there is no genuine dispute, annotated by pinpoint citation to the supporting evidence in the Evidence Index in Support.
Failure to submit such a Statement may constitute grounds for denial of the motion.
(B)Opposing Party's Materials in Opposition. Each party opposing a motion for summary judgment or partial summary judgment must file with the clerk and serve on all parties of record:
(1)an Evidence Index in Opposition listing all evidence to be offered in opposition to the motion for summary judgment; and
(2)an Annotated Statement of Disputed Facts setting forth concise, numbered paragraphs reciting each proposed material fact of the moving party as to which the opposing party contends there is a genuine dispute, annotated by pinpoint citation to the supporting evidence in the Evidence Index in Opposition.
Failure to submit such a Statement may constitute grounds for sustaining the motion.
(C)For purposes of this rule, where competing motions are filed, a party shall be considered as the moving party regarding a motion or motions asserted by that party and as an opposing party regarding a motion or motions asserted by another party.
(D)The assigned judge is expected to schedule deadlines for compliance with this rule and the summary judgment statutes so as to ensure a fair opportunity for all parties to present their evidence. The judge may, in the judge's discretion, extend any deadline for compliance with any requirement under this rule.
(E)The documents required by this rule shall not be included within a brief submitted on behalf of a party.
Amendment History
§ 6-1526 adopted September 5, 2018; § 6-1526 amended June 9, 2021, effective January 1, 2022.
Plain-English Summary
Summary judgment motions can bury a court in paper — affidavits, depositions, exhibits, and a narrative brief tying it all together. Section 6-1526 imposes a structure to keep that paper manageable. A party moving for summary judgment, or partial summary judgment, has to file and serve two things at the same time as the motion: an Evidence Index listing every piece of evidence offered in support, and an Annotated Statement of Undisputed Facts, laying out each proposed fact in its own numbered paragraph with a pinpoint citation to the supporting evidence. Skipping the statement can, by itself, be grounds to deny the motion.
The opposing party faces a mirror-image obligation: an Evidence Index in Opposition and an Annotated Statement of Disputed Facts, again numbered and pinpoint-cited, laying out which of the moving party’s proposed facts are contested. Failing to submit that statement can be grounds for granting the motion. Where both sides have filed competing summary judgment motions, each party is treated as the moving party on its own motion and as the opposing party on the other side’s motion — so everyone ends up filing both an index and statement in support of their own motion and one in opposition to the other side’s.
The rule leaves scheduling to the assigned judge, who sets deadlines for compliance to make sure both sides get a fair chance to present their evidence and can extend those deadlines at the judge’s discretion. And it draws a firm line on format: none of the required documents — the indexes or the statements — can be tucked inside a party’s brief. They stand as separate filings.
Frequently Asked Questions
What has to be filed along with a motion for summary judgment in Nebraska district court?
An Evidence Index in Support listing all supporting evidence, and an Annotated Statement of Undisputed Facts setting out each proposed fact in a numbered paragraph with a pinpoint citation to that evidence.
What happens if the moving party skips the Statement of Undisputed Facts?
That omission may itself be grounds for the court to deny the motion.
What does the party opposing summary judgment have to file?
An Evidence Index in Opposition and an Annotated Statement of Disputed Facts, identifying which proposed facts are contested and citing the opposing evidence.
What happens when both sides file competing summary judgment motions?
Each party is treated as the moving party regarding its own motion and as the opposing party regarding the other side’s motion, so both sides end up filing the full set of required documents.
Can the evidence index or statement of facts be included inside the party’s brief?
No. The rule requires these documents to be filed separately from any brief submitted on the party’s behalf.
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
Also known as:summary judgment evidence index nebraskastatement of undisputed facts requirementannotated statement of disputed factssummary judgment procedure district courtcompeting summary judgment motions ruleMSJ nebraska district court