Nebraska > Local County > 8th District > Pre-Trial Orders > Petitioner-Respondent
Progression Order E-10 - Nebraska
| Progression 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. PROGRESSION ORDER^, Respondent. DATE OF CONFERENCE: ^. PLACE OF CONFERENCE: Judges Chambers, Ainsworth, Nebraska, by telephone.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. TRIAL: Trial shall be held as follows: A. TYPE: The trial shall be to the court in equity. B. DATE/TIME: The matter shall be placed on the trial calendar following the final pretrial conference. C. PRIORITY: The case shall be heard at the first available trial term in order of priority by date of placement on trial calendar, 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. The status of the courts trial calendar, kept continually current, may be viewed on the courts Internet site.3. FINAL PRETRIAL CONFERENCE: Unless continued by the court pending disposition of motions, a final pretrial conference shall be held on ^, at ^.m., or as soon thereafter as possible, in the District Judges chambers of the ^ County Courthouse in ^, Nebraska.4. FINAL PRETRIAL CONFERENCE: Unless continued by the court pending disposition of motions, a final pretrial conference shall be held on ^, at ^.m., by telephonic conference call, in the District Judges chambers of the ^ County Courthouse in ^, Nebraska. ^Petitioners counsel shall initiate the conference call, and the judge shall be reached at ^402-387-2162. A. Trial counsel shall appear with full authority to stipulate regarding disputed facts and 1 <<<<<<<<<********>>>>>>>>>>>>> 2 to settle and compromise any claim or defense. B. If all settlement negotiations have not been exhausted, the petitioner and respondent shall be available in person at the final pretrial conference. C. All lists and other documents required by this order to be submitted at the pretrial conference shall be transmitted in sufficient time to be received by the judge at least 48 hours prior to the conference. 5. FINAL PRETRIAL CONFERENCE: After discussion between the court and counsel, it was determined that no final pretrial conference is necessary.6. PLEADINGS: 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. AMENDMENTS: By agreement of counsel and without necessity of formal motion granting leave therefor, the ^ shall be allowed to file a(n) ^ on or before ^. (1) The ^ shall have ^ days thereafter to ^. (2) The ^ shall have ^ days thereafter to ^. E. LATER MOTIONS TO AMEND: Motions for leave to amend pleadings shall be filed on or before ^, and promptly noticed for hearing in compliance with Rule 8-3 in sufficient time that all amendments and any pleadings in response thereto will be completed prior to the completion of discovery. F. UNTIMELY MOTIONS: Motions for leave to amend pleadings filed after such date will be summarily denied unless accompanied by a showing: 2<<<<<<<<<********>>>>>>>>>>>>> 3 (1) that the granting of the motion will not delay progression to the final pretrial conference, or, (2) of cause why the motion could not have been timely filed in the exercise of reasonable diligence, including but not limited to prompt pursuance of discovery. 7. 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. 8. DISCOVERY: After discussion among the court and counsel, the court finds that discovery is completed. 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.9. DISCOVERY: After discussion among the court and counsel, the court finds that the general discovery completion date (the completion date) of ^, constitutes a reasonable time for the completion of discovery, and hereby orders that all discovery shall be completed by that date, as follows: A. WRITTEN DISCOVERY: All interrogatories, requests for admission or requests for the production of documents and for inspection shall be served upon the other parties 3<<<<<<<<<********>>>>>>>>>>>>> 4 in sufficient time such that answers thereto may be submitted under normal discovery rule time limits by the completion date. B. SUPPLEMENTAL ANSWERS: All supplemental answers to previously served interrogatories or requests for admission shall be served upon the other parties by the completion date. C. DEPOSITIONS: All depositions shall be taken by the completion date. D. PHYSICAL AND MENTAL EXAMINATIONS: All requests for a physical or mental examination shall be submitted in sufficient time that any necessary hearing may be held and the examination conducted and completed by the completion date. E. EXTENSION OF DISCOVERY TIME: The times for discovery may be extended by the stipulation of the parties, without permission of the court, if the extension will n
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