Nebraska > Local County > 8th District > Pre-Trial Orders > Plaintiff-Defendant
Pretrial Order E-15 - Nebraska
| Pretrial Order Form. This is a Nebraska form and can be used in Plaintiff-Defendant Pre-Trial Orders 8th District Local County . |
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IN THE DISTRICT COURT OF ^ COUNTY, NEBRASKA ^, Case No. ^ Plaintiff^, vs. PRETRIAL ORDER^, Defendant^. DATE OF CONFERENCE: ^. PLACE OF CONFERENCE: ^ County Courthouse, ^, Nebraska. APPEARANCES: For the plaintiff(s): ^. For the defendant(s): ^. 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. JURY: At the telephone progression conference, all parties had stipulated that the trial may be to a jury of seven persons, subject to the following: A. No alternate need be selected, and in the event that one of the 7 jurors must be discharged prior to verdict, the trial or deliberations shall proceed with the remaining six jurors; B. The jury will be selected by drawing 15 persons for examination, and each side will be allowed 4 peremptory challenges after the panel is passed for cause; 1 <<<<<<<<<********>>>>>>>>>>>>> 2 C. All seven jurors will participate in the deliberations and verdict, except that after six hours of deliberations a verdict may be reached under the 5/6ths rule by the agreement of six jurors; and, D. No party timely filed any withdrawal from the stipulation by a timely written request for 12-person jury. 4. JURY: At the telephone progression conference, all parties stipulated that the trial may be to the court without a jury, a jury being expressly waived.5. JURY: The parties previously elected a 12-person jury. ^The parties stipulated that in the event that it was necessary to discharge a juror, the trial would proceed with eleven (11) jurors and expressly waive the selection of an alternate juror. ^The parties do not waive the statutory procedures for selection of any alternate juror(s).6. 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. The parties, through their respective counsel, therefore have stipulated and agreed that, if the case is settled on or after 24 hours before the scheduled commencement of trial, any jury costs incurred by reason of attendance at trial shall be taxed as costs to the parties, jointly and severally, unless such costs are expressly allocated otherwise between the parties as part of such settlement. 7. TRIAL: Trial shall be held as follows: A. TYPE: The trial shall be to ^ (see 3 above). 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. D. 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. ^(Although the court would have scheduled this matter for an earlier trial session, at the request of counsel the matter was deferred to a later trial session.) E. PRIORITY FOR TRIAL: (1) Priority Date: ^. 2<<<<<<<<<********>>>>>>>>>>>>> 3 (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 TERM: 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. (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 3 <<<<<<<<<********>>>>>>>>>>>>> 4 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. 8. PLEADINGS: A. OPERATIVE: The operative pleadings on file at the time of the conference are: (1) COMPLAINT: The ^ complaint filed on ^. (a) ANSWER: The ^ answer filed on ^. (b) ANSWER: T
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