COURT COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ......... .. : : Index No. Calendar No. : IN THE DISTRICT COURT Plaintiff(s) OF ___________ COUNTY, NEBRASKA JUDICIAL SUBPOENA -against- _________________________________, Petitioner__, vs. : Case No. __________ : WARNING OF DISMISSAL : FOR FAILURE TO PROSECUTE DILIGENTLY : Defendant(s) ...................................................... _________________________________, Respondent__. THE PEOPLE OF THE STATE OF NEW YORKthe operative [ ] petition and/or [ ] counterThe court file fails to show that TO petition 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 ____________ _________________________________,and___________laid aside, you and before that attend before WE COMMAND YOU, that all business at excuses being ____.m., unless each of you time , the Honorable Court petitioner (as to petition) or respondent (as at the to cross-petition) does one of the following acts: located at County of in room [ ] , on the day of 20 , at o'clock in the noon, and Appears at the hearing and makes ,an adequate showing by affidavit or otherwise. at any recessed or adjourned date, to testify and give evidence as a witness in this action on the part of the [ ] 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 reasonable diligence and cannot progress to trial under a normal progression schedule. Such hearing may be by telephone if allowed by Rule as Your failure to comply with this subpoena is punishable8-4.a contempt of court and will make you liable to the party on] whose behalf this subpoena was issued for ain compliance with of $50rules)all damages sustained as a [ Files a motion (with notice of hearing maximum penalty court and to set telephone result of your failure to comply. progression conference or final pretrial conference. [ ] Gives notice of final hearing (settled or default cases only), in compliance with court rules. Witness, Honorable , one of the Justices of the [ ] File County, proper proof ofday of service of process upon, or entry of valid voluntary appearance of, valid Court in , 20 respondent. 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 must sign above and type name below) [ ] 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 Attorney(s) for Failure to Prosecute Diligently” entered. Done on _____________, 20_______ by _________. for William B. Cassel District Judge Mailed to: Office and P.O. Address Telephone No.: Facsimile No.: E-Mail Address: Mobile Tel. No.: American LegalNet, Inc. www.USCourtForms.com