COURT COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ......... .. : : Index No. Calendar No. : IN THE DISTRICT COURT OF ____________ COUNTY, SUBPOENA JUDICIAL NEBRASKA Plaintiff(s) -against- : __________________________________, Petitioner__, Case No. ____________ : : vs. DISMISSAL FOR FAILURE Defendant(s) TO :PROSECUTE DILIGENTLY ...................................................... __________________________________, Respondent__. THE PEOPLE OF THE STATE OF NEW YORK DATE OF HEARING: _____________________. TO APPEARANCES: For petitioner__: For respondent__: GREETINGS: SUBJECT OF ORDER: [ ] None. [ ]________________________________. [ ] None. [ ]________________________________. Warning of dismissal for lack of prosecution. WE COMMAND YOU, that all business and excuses being laid aside, you and each of you attend before FINDINGS: The Courtthe that: (1) aCourt that the pleading(s) described warning , the Honorable at finds located at County of below would be dismissed for failure to prosecute diligently was entered and served on the appropriate in room , on the day of , 20 , at o'clock in the noon, and at any recessed orparty(ies); (2) the to testify and givedid not performwitnessthe this action onstated in the the adjourned date, party(ies) warned evidence as a any of in specified acts the part of warning or make any showing that the matter was being prosecuted diligently; and, (3) the pleading(s) is/are not being prosecuted with reasonable diligence and should be dismissed. Your failure to comply with this subpoena is punishable as a contempt of court and will make you liable to ORDER: IT issued for a maximum penalty of that: the party on whose behalf this subpoena was IS THEREFORE ORDERED$50 and all damages sustained as a result of your failure to comply. 1. The operative [ ]_petition, [ ]_counter-petition, and/or [ ]_cross-claim is/are Witness, Honorable dismissed without prejudice. Court in 2. County, , one of the Justices of the day of , 20 [ ]_Each party shall bear their own respective costs. [ ]_Costs taxed to: [ ]_petitioner__. [ ]_respondent__. (Attorney must sign above and type name below) [ ]_Complete record not necessary. Signed ( [ ] in chambers) at __________, Nebraska, on ______________; BY THE COURT: DEEMED ENTERED upon file stamp date by court clerk. Attorney(s) for If checked, the court clerk shall: [X] Mail a copy of this order to all counsel of record and any pro se parties. Done on _____________, 20_______ by _________. [ ] If not already done, immediately transcribe trial docket entry dictated in open court. Done on _____________, 20_______ by _________. [ ] Note the decision on the trial docket as: [date of filing] Signed “Dismissal for Failure to Prosecute Diligently” entered. Done on _____________, 20_______ by _________. Mailed to: Office and P.O. Address Telephone No.: William B. Cassel Facsimile No.: District Judge E-Mail Address: Mobile Tel. No.: American LegalNet, Inc. www.USCourtForms.com