Nebraska > Local County > 8th District > Pre-Trial Orders > Petitioner-Respondent
Pretrial Order E-16 - Nebraska
| Pretrial Order 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. PRETRIAL ORDER^, Respondent. DATE OF CONFERENCE: ^. PLACE OF CONFERENCE: ^ County Courthouse, ^, Nebraska. APPEARANCES: For the petitioner: ^. For the respondent: ^. 1. INTERNET HOME PAGE: The courts Internet home page address is: www.nol.org/home/DC8/ or www.dc8.state.ne.us 2. ADDITIONAL PARTIES: After discussion between the court and counsel, it was determined that there are no additional parties which are necessary parties to the action. No motions to add or substitute parties will be considered hereafter except upon showing of good cause including, but not limited to, a showing that the determination to add such parties could not have been made in the exercise of reasonable diligence prior to the date of this pretrial conference. 3. SETTLEMENT EFFORTS: The parties, through their respective counsel, have assured the court that they have diligently pursued all reasonable efforts to settle the case without the necessity of a trial. 4. TRIAL: Trial shall be held as follows: A. TYPE: The trial shall be to the court in equity. B. PLACE: The trial will be held at the District Courtroom, ^ County Courthouse, ^, Nebraska. C. DAY(S): The trial is budgeted for ^ day(s) of trial time. 1 <<<<<<<<<********>>>>>>>>>>>>> 2D. DATE/TIME: The trial shall be subject to call at Trial Session No. ^, unless subsequently continued to a later trial session. Unless otherwise notified by the court at the time of call for trial, the trial shall begin at 9:00 a.m.E. PRIORITY FOR TRIAL: (1) Priority Date: ^. (2) Except as otherwise ordered for efficient use of the available time, the case shall be heard at the trial session in order of priority by date of placement on the trial calendar (the priority date), except that criminal cases shall have first priority for trial, and civil cases having statutory priority shall be advanced for trial prior to cases not having statutory priority. (3) The status of the courts trial calendar, kept continually current, shall be determined by viewing the trial list on the courts Internet site. F. CONTINUANCE TO SUBSEQUENT TRIAL SESSION: If the trial is not called at the initial trial session provided above, the trial shall automatically be continued to the next trial session thereafter for that county (East Trial Session for trials in Boyd or Holt Counties, or West Trial Session for trials in Blaine, Brown, Cherry, Keya Paha, or Rock Counties), subject to the following: (1) Because of conflicts with counsels schedules disclosed at pretrial, the trial will be automatically passed as to Trial Session(s) No(s). ^ [none] without any change of priority date. (2) Except for such disclosed conflicts, the court will not consider any motion for continuance not heard by the court before the close of the trial session for that county immediately preceding the trial session at which the trial would otherwise be subject to call (e.g., if the trial would otherwise be subject to call at East Trial Session No. 5, the court will not consider any motion for continuance not brought on for hearing before the close of East Trial Session No. 3). (3) Except for such disclosed conflicts, the granting of a motion for continuance shall constitute a removal from and replacement to the trial calendar, and which shall change the priority date to the date of rendition of such order. 2<<<<<<<<<********>>>>>>>>>>>>> 3 (4) Motions for continuance for undisclosed or subsequently occurring schedule conflicts or for other good cause are subject to the usual requirements of Rules 8-3 and 8-4, except that a motion may be heard upon 48-hours notice to opposing counsel when accompanied by an affidavit stating facts demonstrating that such conflict or cause was not discoverable in the exercise of reasonable diligence in time to be heard in conformity with the normal requirements of Rules 8-3 and 8-4. (5) If the budgeted time for trial is less than the remaining time available in the current trial session for which the trial is subject to call, the court may continue the trial to a subsequent trial session even if such continuance will have the effect of advancing for earlier trial a case having a later priority date. (6) The status of cases subject to call shall be determined by reference to the courts trial calendar, kept continually current, and which may be viewed on the courts Internet site. 5. PLEADINGS: After discussion between the court and counsel, the following orders were issued with regard to pleading: A. ALLOWED PLEADINGS: Pursuant to statute, the only pleadings allowed are the petition, the responsive pleading (with or without counter-petition), and the responsive pleading to counter-petition. B. UNCONTESTED ALLEGATIONS: Allegations of fact in a petition or counter- petition not denied in any responsive pleading thereto shall be deemed as admitted and may not be contested at trial. C. PLEADINGS ON FILE: The operative pleadings on file at the time of the conference are: (1) PETITION: The ^ petition filed on ^. (a) RESPONSIVE PLEADING: The ^ responsive pleading filed on ^. (2) COUNTER-PETITION: The counter-petition filed on ^. (a) RESPONSIVE PLEADING: The ^ responsive pleading filed on ^. D. ISSUES: The issues for trial shall be determined in accordance with the ISSUES paragraph below. 3 <<<<<<<<<********>>>>>>>>>>>>> 46. DISCOVERY: After discussion among the court and counsel, the court finds that discovery is completed^, except for depositions to be taken on or before ^. The parties may stipulate for additional discovery if the stipulation will not delay any trial or the progression of the case toward trial, and the court may grant additional discovery upon motion and hearing, upon the showing of good cause. 7. WITNESSES: A. ATTACHED LISTS: Witnesses for each party are named on the respective list of the parties attached hereto and marked as follows: (1) For the petitioner: Schedule ^. (2) For the respondent: Schedule ^. B. ADDITIONAL WITNESSES: Except rebuttal witnesses not now known, neither party may call as a witness at trial any person that is not on any one or more of the witness lists (without regard to the identity of the party submitting the list). C. SUPPLEMENTING LISTS: Any party may add additional witnesses to such partys witness list by filing with the court and mailing to the other counsel a list of the additional witnesses together with a summary of the testimony of each additional witness on or before ^. The
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