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Warning Of Dismissal For Failure To Prosecute Diligently Form. This is a Nebraska form and can be use in 8th District Local County.
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Tags: Warning Of Dismissal For Failure To Prosecute Diligently, D-23B, Nebraska Local County, 8th District
COURT
COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
......... ..
:
:
Index No.
Calendar No.
:
IN THE DISTRICT COURT OF ____________ COUNTY, SUBPOENA
JUDICIAL NEBRASKA
Plaintiff(s)
-against-
:
__________________________________,
Plaintiff(s),
Case No. ____________
:
WARNING OF DISMISSAL
:
FOR FAILURE TO
PROSECUTE DILIGENTLY
:
vs.
Defendant(s)
......................................................
__________________________________,
Defendant(s).
THE PEOPLE OF THE STATE OF NEW show that the operative [
The court file fails to YORK
] complaint and/or
TO ] counterclaim is/are being prosecuted with reasonable diligence, and such pleading(s)
[
will be dismissed unless the court file demonstrates diligent prosecution thereof.
The
GREETINGS: same will be dismissed for lack of prosecution at a hearing on _____________
________________________________________, atbeing laid aside, you and each of you attend before
WE COMMAND YOU, that all business and excuses _________ ___.m., unless before that
,
the Honorable
Court
time at least one plaintiff (as to petition) or at the one defendant (as to counterclaim) does
at least
located at
County of
inone of the following acts: day of
room
, on the
, 20
, at
o'clock in the
noon, and at any recessed
or adjourned date, to testify and give evidence as a witness in this action on the part of the
[ ]
Appears at the hearing and makes an adequate showing by affidavit or otherwise.
[ ]
At least 10 days prior to the above hearing date, files an affidavit (with notice of hearing in
compliance with court rules) showing facts that demonstrate the case is being prosecuted with
Your failure to comply with this subpoena is punishable as a contempt of court and will make you liable to
reasonable diligence and cannot progress to trial under a normal progression schedule. Such
the party on whose behalf this subpoena was issued for a maximum penalty of $50 and all damages sustained as a
hearing may be
result of your failure to comply. by telephone if allowed by Rule 8-4.
[ ]
Files a motion (with notice of hearing in compliance with court rules) to set telephone
progression
Witness, Honorableconference or final pretrial conference.
, one of the Justices of the
Court in [ ]
day of
, 20
FilesCounty, for default judgment, if appropriate, with notice of hearing in compliance with
a motion
court rules.
[ ]
File proper proof of valid service of process upon, or entry of valid voluntary appearance of,
(Attorney must sign above and type name below)
any necessary party defendant(s).
Signed ( [ ] in chambers) at __________, Nebraska, on ______________;
DEEMED ENTERED upon file stamp date by court clerk.
If checked, the court clerk shall:
BY THE COURT:
Attorney(s) for
[ ]
Mail a copy of this order to all counsel of record and any pro se parties.
Done on _____________, 20_______ by _________.
[ ]
Note the decision on the trial docket as: [date of filing] Signed “Warning of Dismissal
for Failure to Prosecute Diligently” entered.
Done on _____________, 20_______ by _________.
Office and P.O. Address
William B. Cassel
District Judge
Mailed to:
Telephone No.:
Facsimile No.:
E-Mail Address:
Mobile Tel. No.:
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