Nebraska > Local County > 8th District > Pre-Trial Orders > Plaintiff-Defendant
Progression Order (Abbreviated) E-09A - Nebraska
| Progression Order (Abbreviated) 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. PROGRESSION ORDER^, Defendant^. DATE OF CONFERENCE: ^. PLACE OF CONFERENCE: Judges chambers at Ainsworth, Nebraska, by telephone conference call. 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 or which are permissive parties that any party desires to join to the action. No motions to add or substitute parties will be considered hereafter except upon showing of good cause together with a showing that the existence of such good cause could not have been discovered in the exercise of reasonable diligence at the time of this progression conference.3. ADDITIONAL PARTIES: After discussion between the court and counsel, it was determined that there may be additional parties which are necessary parties to the action or which are permissive parties that any party desires to join to the action. Any motions to add or substitute parties shall be filed on or before ^ and noticed for hearing in compliance with Rule 8-3 as soon as possible. 4. JURY: All counsel for the parties stipulated on behalf of their respective clients 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 1 <<<<<<<<<********>>>>>>>>>>>>> 2 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; 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; D. EXCEPT that if any party files a written request for 12-person jury with the court clerk within ^30 days from the date of the conference the trial shall be to a jury of 12 persons, with one or more alternates as determined by the court in the manner prescribed by law. 5. JURY: All counsel for the parties stipulated on behalf of their respective clients that the trial may be to the court without a jury, a jury being expressly waived.6. JURY: The parties elect a 12-person jury. 7. FINAL PRETRIAL CONFERENCE: By further order upon disposition of pretrial motions or upon expiration of time for filing motions if none are filed, a final pretrial conference shall be held in the District Judges chambers of the ^ County Courthouse in ^, Nebraska.8. 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. A. Trial counsel shall appear with full authority to stipulate regarding disputed facts and to settle and compromise any claim or defense. B. If approval of any party or party representative is required for settlement, such party or representative shall personally attend the pretrial conference.9. TRIAL: Trial shall be held as follows: A. TYPE: The trial shall be to ^ (see 3 above). 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 session 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 2<<<<<<<<<********>>>>>>>>>>>>> 3 calendar, kept continually current, may be viewed on the courts Internet site.10. 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: The ^ answer(s) of: 1) ^ filed on ^. (c) REPLY: The ^ reply filed on ^. (d) REPLY: The ^ reply of: 1) ^ filed on ^. (2) COUNTERCLAIM: The ^ counterclaim of ^ filed on ^. (a) ANSWER: The ^ answer filed on ^. (b) ANSWER: The ^ answer(s) of: 1) ^ filed on ^. (c) REPLY: The ^ reply filed on ^. (d) REPLY: The ^ reply of: 1) ^ filed on ^. (3) CROSS-CLAIM: The cross-claim of ^ filed on ^. (a) ANSWER: The ^ answer filed on ^. (b) ANSWER: The ^ answer(s) of: 1) ^ filed on ^. (c) REPLY: The ^ reply filed on ^. (d) REPLY: The ^ reply of: 1) ^ filed on ^. (4) THIRD-PARTY COMPLAINT: The third-party complaint of ^ filed on ^. (a) ANSWER: The ^ answer filed on ^. (b) ANSWER: The ^ answer(s) of: 1) ^ filed on ^. (c) REPLY: The ^ reply filed on ^. (d) REPLY: The ^ reply of: 1) ^ filed on ^. 3<<<<<<<<<********>>>>>>>>>>>>> 4 B. AMENDMENT(S) NOW: 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 ^. C. LATER AMENDMENTS: Amendments not requiring leave shall be served in sufficient time that such service and service of any required responsive pleading(s) will be completed at least 30 days prior to the completion of discovery. All motions for leave to amend shall be noticed for hearing in compliance with Rule 8-3 in sufficient time that service of such amended pleading and service of any required responsive pleading(s) can be accomplished at least 30 days prior to the completion of discovery. D. UNTIMELY MOTIONS: Motions for leave to amend pleadings filed after such date will be summarily denied unless accompanied by a showing: (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. 11. 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, re
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