Nebraska > Local County > 8th District > Pre-Trial Orders > Petitioner-Respondent
Order Setting Pretrial Conference E-12 - Nebraska
| Order Setting Pretrial Conference Form. This is a Nebraska form and can be used in Petitioner-Respondent Pre-Trial Orders 8th District Local County . |
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IN THE DISTRICT COURT OF ^ COUNTY, NEBRASKA ^, Case No. ^ Petitioner, vs. ORDER SETTING PRETRIAL CONFERENCE^, Respondent. The court ORDERS that a pretrial conference will be held on ^, at ^.m., or as soonthereafter as the same may be heard, in the District ^Judges Chambers ^Courtroom of the^ County Courthouse in ^, Nebraska, subject to the following: 1. ATTORNEYS: The parties shall be represented by their attorneys who shall conduct the trial, or by co-counsel with full case knowledge and authority to bind the clients by stipulation. Any unrepresented (pro se) party must participate in the conference and perform all functions that would be performed by counsel for such party. Such attorney or unrepresented party shall be prepared to: A. Make disclosure of facts, admit and stipulate to facts and waive requirements for formal proof of documents. B. If additional discovery is necessary, propose specific plans to schedule the same. C. Discuss settlement, having knowledge of the position of their client, and, if possible, with authority to settle for a specific figure. 2. DOCUMENTS TO PRESENT: The attorney for each party shall come prepared with: A. Witness List, containing the name and address of each witness. B. Exhibit List, containing a list of all exhibits that the party expects to introduce at the trial, together with such exhibits so the same may be marked if it is advantageous to do so. C. Joint Property Statement and Other Issues Lists. See paragraphs below. D. Stipulations or Proposed Stipulations. See paragraph below. 3. ASSIGNMENT TO TRIAL CALENDAR: During the pretrial conference the Court will probably assign the matter for trial. The attorneys should therefore come with knowledge of their calendars, that of their clients and of important witnesses. 4. FOUNDATION: Specific objections to foundation for exhibits shall be raised by the parties at the pretrial conference, or the foundational objection shall be considered waived at time of trial. At the pretrial conference, exhibits will be classified into the following categories: A. Category A exhibits will be those for which the parties waive all objections and stipulate that the same may be admitted without objection upon offer by either party. B. Category B exhibits will be those for which the parties waive foundation and stipulate that the same may be admitted without foundation, but reserve any other objection to them. C. Category C exhibits will be those for which no objections are waived, and to which specific 1 <<<<<<<<<********>>>>>>>>>>>>> 2 foundational objection(s) is/are asserted at the pretrial conference.5. STIPULATIONS: The parties shall attempt to stipulate to all agreed facts in writing, which stipulation shall be submitted to the Court (not filed with the court clerk) at the pretrial conference. In the event that no facts can be stipulated to by the parties, the parties shall each submit separate proposed stipulations to the Court at the pretrial conference.6. TRIAL PROCE DURES: At the final pretrial conference, trial procedures will be considered. In addition to any other matters which may be raised by the parties or counsel, the court will consider procedures regarding: A. Requests for record of portion of trial for which no verbatim record is required by Supreme Court Rule 5A(1) of Practice and Procedure. B. Any requests for sequestration of witnesses. C. Procedures for use of any videotape depositions. D. Procedures for requesting permission to approach witnesses or the official court reporter. E. Use of formal titles to address counsel, parties, and witnesses. F. Prohibition against entering judges chambers ex parte during trial. G. Itemizations of costs. 7. ISSUES: A. PROPERTY/DEBTS: If division of property and/or debts is contested, the parties shall prepare and submit at the pretrial conference a Joint Property Statement. (1) The statement shall be in the form set forth in Attachment 1 to this order, which shall contain both parties descriptions of all property in dispute, including, without limitation, each partys value thereof. (2) The items of property described in the Joint Property Statement shall be grouped by category, and further information provided for each specific item as follows: (a) Real Estate (for each parcel of real estate owned): 1) Legal description; 2) Mortgage or lien (Name and amount); 3) Fair market value. (b) Vehicles, including recreational vehicles or boats (For each vehicle): 1) Year, make, and v.i.n.; 2) Mortgage or lien (name and amount); 3) Fair market value. (c) Cash, Checking and Savings Accounts (for each account): 1) Name of financial institution; 2) How title held; 3) Amount at time of filing of petition; 4) Amount at time of pretrial. (d) Stocks and Bonds (for each stock or bond held): 1) Name and address; 2) Description of the security; 3) Value at time of filing of petition; 4) Value at time of pretrial. (e) Life Insurance (for each policy owned or held): 2<<<<<<<<<********>>>>>>>>>>>>> 3 1) Name of company; 2) Policy number; 3) Cash surrender value, as close to date of pretrial as possible; 4) Loan against policy (date and amount); 5) Owner; 6) Beneficiary. (f) Furniture and Personal Effects: List only items that are in dispute, or that are in possession of party not receiving item (description and value). (g) Other assets and property (description and value). (h) Indebtedness (for each creditor): 1) Name of creditor; 2) Present amount of indebtedness; 3) By whom incurred/when incurred/original amount; 4) Purpose; 5) Amount of installment. (i) Pension/Retirement Plans: 1) Name; 2) Participant; 3) Value at time of filing of petition; 4) Value at time of pretrial. (j) Property brought into marriage, or received by gift or inheritance during marriage (description and value).B. ALIMONY: If alimony or spousal support is contested, each party shall prepare and submit at the pretrial conference a list of each factor the party maintains should be considered by the court in determining alimony, and with respect to each such factor, proposed specific findings of fact regarding the existence or nonexistence of such factor which the party expects to adduce in evidence at trial. C. CUSTODY: If child custody is in issue, each party shall prepare and submit at the pretrial conference a list of each factor the party maintains should be considered by the court in determining custody, and with respect to each such factor, proposed specific findings of fact regarding the exis
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