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Pretrial Order Form. This is a Nebraska form and can be use in 8th District Local County.
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Tags: Pretrial Order, E-15, Nebraska Local County, 8th District
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COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
......... ..
:
:
Index No.
Calendar No.
:
IN THE DISTRICT COURT OF ^ COUNTY, NEBRASKA
JUDICIAL SUBPOENA
Plaintiff(s)
-against-
:
^,
Case No. ^
:
Plaintiff^,
:
vs.
PRETRIAL ORDER
Defendant(s)
:
......................................................
^,
Defendant^.
THE PEOPLE OF THE STATE OF NEW^.
YORK
DATE OF CONFERENCE:
PLACE OF CONFERENCE:
TO
^ County Courthouse, ^, Nebraska.
APPEARANCES:
For the plaintiff(s):
^.
For the defendant(s):
^.
GREETINGS:
WE COMMAND YOU, that all business and excuses being laid aside, you and each of you attend before
1.
INTERNET HOME PAGE: The court’s Internet homeCourt address is:
page
,
the Honorable
at the
located at
County of
www.nol.org/home/DC8/ or www.dc8.state.ne.us
in room
, on the
day of
, 20
, at
o'clock in the
noon, and at any recessed
ADDITIONAL PARTIES: After discussion between the court and
or2.
adjourned date, to testify and give evidence as a witness in this action on the part of thecounsel, 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
Your failure to comply with this subpoena is punishable as a contempt of court and will make you liable to
the party on whose behalf this not limited to, issued for athat the determination$50 and all damagescould
cause including, but subpoena was a showing maximum penalty of to add such parties sustained as a
result of your failure to comply.
not have been made in the exercise of reasonable diligence prior to the date of this pretrial
Witness, Honorable
conference.
Court in
3.
County,
, one of the Justices of the
day of
, 20
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 (Attorneythat sign abovethe 7 jurors below) be
event must one of and type name must
discharged prior to verdict, the trial or deliberations shall proceed with the remaining
Attorney(s) for
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;
Office and P.O. Address
1
Telephone No.:
Facsimile No.:
E-Mail Address:
Mobile Tel. No.:
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All seven jurors will participate in the deliberationsJUDICIAL SUBPOENAsix
and verdict, except that after
Plaintiff(s)
hours of deliberations a verdict may be reached under the 5/6ths rule by the agreement
-against:
of six jurors; and,
D.
:
No party timely filed any withdrawal from the stipulation by a timely written request
:
for 12-person jury.
Defendant(s)
:
. .4.. . . . . JURY:. .At. the . . . . . . . . . progression .conference,. all .parties stipulated that the trial may be
.
. . . . . . . . . . telephone . . . . . . . . . . . . . . . . . . . . .
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
THE PEOPLE OF THE STATE OF NEW YORK
event that it was necessary to discharge a juror, the trial would proceed with eleven (11)
TO
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
GREETINGS:
court that they have diligently pursued all reasonable efforts to settle the case without the
WE COMMAND YOU, that all business and excuses being laid aside, you and each of you attend before
,
the Honorable
at their
necessity of a trial. The parties, through the respective Court
counsel, therefore have stipulated
located at
County of
and agreed that, if the caseof settled on or after 24 hours before the scheduled commencement
is
in room
, on the
day
, 20
, at
o'clock in the
noon, and at any recessed
or adjournedtrial, any jury costs incurred by reason of attendance at trialthe part oftaxed as costs to the
date, to testify and give evidence as a witness in this action on shall be the
of
parties, jointly and severally, unless such costs are expressly allocated otherwise between the
parties as part of such settlement.
Your failure to comply with this subpoena is punishable as a contempt of court and will make you liable to
the party on whose behalfshallsubpoenaas follows: for a maximum penalty of $50 and all damages sustained as a
7.
TRIAL: Trial this be held was issued
result of your failure to comply.
A.
TYPE: The trial shall be to ^ (see ¶ 3 above).
Witness, Honorable trial will be held at the District Courtroom, ^ of the Justices of the ^,
, one County Courthouse,
B.
PLACE: The
Court in
County,
Nebraska.
day of
, 20
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
(Attorney must sign above and type name below)
subsequently continued to a later trial session. Unless otherwise notified by the court
Attorney(s) for
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.
Office and P.O. Address
PRIORITY FOR TRIAL:
(1)
Priority Date: ^.
2
Telephone No.:
Facsimile No.:
E-Mail Address:
Mobile Tel. No.:
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(2)
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:
Except as otherwise ordered for efficient use of the available time, the case
JUDICIAL SUBPOENA
Plaintiff(s)
shall be heard at the trial session in order of priority by date of placement on
-against:
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.
Defendant(s)
:
. . . . . . . . . . . . . . .(3). . . . The. status . of .the . court’s .trial. calendar, kept continually current, shall be
..
... ..... .. .. ...... ... ......
determined by viewing the trial list on the court’s Internet site.
F.
CONTINUANCE TO SUBSEQUENT TRIAL TERM: If the trial is not called at the
THE PEOPLE OF THE STATE OF NEW YORK
initial trial session provided above, the trial shall automatically be continued to the
TO
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,
GREETINGS:
or Rock Counties), subject to the following:
(1)
Because of conflicts with counsels’ schedules disclosed at pretrial, the trial
WE COMMAND YOU, that all business and excuses being laid aside, you and each of you attend before
will be automatically passed as to Trial Session(s) No(s). ^ [none] without
,
the Honorable
at the
Court
located at
County of
any change of priority date.
in room
, on the
day of
, 20
, at
o'clock in the
noon, and at any recessed
or adjourned date,(2) testify and give evidence as a witness in this action on thenot consider any motion for
to
Except for such disclosed conflicts, the court will part of the
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
Your failure to comply with this subpoena is punishable as a contempt of court and will make you liable to
the party on whose behalfotherwise be subject to call (e.g., if the trial would otherwise damages sustained as a
this subpoena was issued for a maximum penalty of $50 and all be subject to
result of your failure to comply.
call at East Trial Session No. 5, the court will not consider any motion for
Witness, Honorable
, close of Justices of the
continuance not brought on for hearing before theone of theEast Trial Session
Court in
County,
day of
, 20
No. 3).
(3)
Except for such disclosed conflicts, the granting of a motion for continuance
(Attorney must sign above and type name below)
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)
Attorney(s) for
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
Office and P.O. Address
opposing counsel when accompanied by an affidavit stating facts
demonstrating that such conflict or cause was not discoverable in the exercise
3
Telephone No.:
Facsimile No.:
E-Mail Address:
Mobile Tel. No.:
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of reasonable diligence in time to be heard in conformity with the normal
JUDICIAL SUBPOENA
Plaintiff(s)
requirements of Rules 8-3 and 8-4.
-against(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
Defendant(s)
:
. . . . . . . . . . . . . . . . . . . . . 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
court’s trial calendar, kept continually current, and which may be viewed on
THE PEOPLE OF THE STATE OF NEW YORK
the court’s Internet site.
TO
8.
PLEADINGS:
A.
GREETINGS:
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 ^.
(d)
REPLY: The ^ reply of:
WE COMMAND YOU, that all business and excuses being laid aside, you and each of you attend before
(b)
ANSWER: Theat the
^ answer(s) of: Court
,
the Honorable
located at
County of
1)
^ filed on ^.
in room
, on the
day of
, 20
, at
o'clock in the
noon, and at any recessed
or adjourned date, to testify and give evidence as ^ witness in this ^.
(c)
REPLY: The a reply filed on action on the part of the
1)
^ filed on ^.
Your failure to comply with this subpoena is punishable as a contempt of court and will make you liable to
the party on whose behalfCOUNTERCLAIM: The for a maximum penalty ofon ^. and all damages sustained as a
this subpoena was issued ^ counterclaim of ^ filed $50
(2)
result of your failure to comply.
(a)
Witness, Honorable
(b)
Court in
County,
ANSWER: The ^ answer filed on ^.
ANSWER: The ^ answer(s) of:
1)
day of
^ filed on ^.
, 20
(c)
REPLY: The ^ reply filed on ^.
(d)
REPLY: The ^ reply of:
1)
(3)
, one of the Justices of the
(Attorney must sign above and type name below)
^ filed on ^.
Attorney(s) for
CROSS-CLAIM: The cross-claim of ^ filed on ^.
(a)
ANSWER: The ^ answer filed on ^.
(b)
ANSWER: The ^ answer(s) of:
1)
(c)
^ filed on ^.
Office and P.O. Address
REPLY: The ^ reply filed on ^.
4
Telephone No.:
Facsimile No.:
E-Mail Address:
Mobile Tel. No.:
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(d)
REPLY: The ^ reply of:
Plaintiff(s)
1)
-against(4)
^ filed on ^.
Calendar No.
:
JUDICIAL SUBPOENA
:
THIRD-PARTY COMPLAINT: The third-party complaint of ^ filed on ^.
:
(a)
ANSWER: The ^ answer filed on ^.
(b)
ANSWER: The ^ answer(s) of:
:
Defendant(s)
:
. . . . . . . . . . . . . . . . . . . . . . . . . . . .1). . . . . ^ .filed. on .^. . . . . . . . . . .
.
. ... .. .
(c)
REPLY: The ^ reply filed on ^.
(d)
REPLY: The ^ reply of:
THE PEOPLE OF THE STATE OF NEW YORK
1)
TO
B.
^ filed on ^.
ISSUES: The issues for trial shall be determined in accordance with the “ISSUES”
paragraph below.
9.
DISCOVERY: After discussion among the court and counsel, the court finds that discovery
GREETINGS:
is completed^, except for depositions to be taken on or before ^. The parties may stipulate for
WE COMMAND YOU, that all business and excuses being laid aside, you and each of you attend before
additional discovery if the stipulation will not delay any Court the progression of the case
trial or
,
the Honorable
at the
located at
County of
toward trial, and the court may grant additional discovery upon motion and hearing, upon the
in room
, on the
day of
, 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
showing of good cause.
10.
WITNESSES:
A.
ATTACHED with this subpoena for each party a named on court and will make the
Your failure to comply LISTS: Witnesses is punishable asarecontempt ofthe respective list of you liable to
the party on whose behalf this subpoena was issued foras maximum penalty of $50 and all damages sustained as a
parties attached hereto and marked a follows:
result of your failure to comply.
(1)
For the plaintiff(s):
Schedule ^.
Witness, Honorable the defendant(s):
(2)
For
Court in
County,
day of
B.
Schedule ^.
, one of the Justices of the
, 20
ADDITIONAL WITNESSES: Except rebuttal witnesses not now known, neither party
may call as a witness at trial any person that is not on any one or more of the witness
(Attorney must sign above and
lists (without regard to the identity of the party submitting the list). type name below)
C.
SUPPLEMENTING LISTS: Any party may add additional witnesses to such party’s
Attorney(s) for
witness list by filing with the court and mailing to the other counsel a list of the
additional witnesses together with a summary of the testimony of each additional
witness on or before ^. Thereafter, witnesses may be added to the witness list only
Office and P.O. Address
with the permission of the court after showing of good cause.
5
Telephone No.:
Facsimile No.:
E-Mail Address:
Mobile Tel. No.:
American LegalNet, Inc.
www.USCourtForms.com
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SUPPLEMENTING LISTS: Witnesses may be added to a witness list only with the
JUDICIAL SUBPOENA
Plaintiff(s)
permission of the court after showing of good: cause.
-against11.
EXHIBITS:
A.
:
ATTACHED LISTS: Each party disclosed the exhibits they respectively intend to
:
introduce, to be the following:
Defendant(s)
:
. . . . . . . . . . . . . . .(1). . . . For .the. plaintiff(s):. . . . . . . . . . Schedule ^.
..
... .. .........
.......
(2)
B.
For the defendant(s):
Schedule ^.
ADDITIONAL EXHIBITS: The parties are limited to the exhibits on any one or more
THE PEOPLE OF THE STATE OF NEW YORK
of the final exhibit lists (without regard to the identity of the party submitting the list).
TO
C.
SUPPLEMENTING LISTS: Exhibits may be added to the exhibit list only with the
permission of the court given after showing of good cause.
D.
GREETINGS:
SUPPLEMENTING LISTS: Any party may add exhibits to such party’s list at any time
on or before ^ by filing with the court, and mailing to the other counsel, a list and
WE COMMAND YOU, that all business and excuses being laid aside, you and each of you attend before
to the
,
the Honorable description of the additional exhibits, and mailing Court other counsel a photocopy of
at the
located at
County of
the exhibits unless photocopying the exhibit is impractical or unduly expensive. After
in room
, on the
day of
, 20
, at
o'clock in the
noon, and at any recessed
or adjourned date,that date, exhibits may be added to the exhibit list only with the permission of the court
to testify and give evidence as a witness in this action on the part of the
given after showing of good cause.
E.
NONDOCUMENTARY/OVERSIZE EXHIBITS: Pursuant to Supreme Court rule:
Your failure to comply with this subpoena is punishable as a contempt of court and will make you liable to
the party on whose behalfThe party offeringissuednondocumentarypenaltyof physical all damages shall
this subpoena was any for a maximum item of $50 and evidence sustained as a
(1)
result of your failure to comply.
provide a photograph, not exceeding 8½ by 11 inches and which fairly and
Witness, Honorable
, the time Justices of exhibit
accurately depicts the item, to the court reporter atone of thethe original the
Court in
County,
day of
, 20
is marked.
(2)
The party offering any documentary item of evidence exceeding 8½ by 11
(Attorney must sign
inches shall provide a reduced size photographic above and type name below) not
copy or photograph,
exceeding 8½ by 11 inches and which fairly and accurately depicts the item,
Attorney(s) for
to the court reporter at the time the original exhibit is marked.
(3)
The court reporter shall refuse to mark and the Court may refuse to accept any
such item submitted but not accompanied by such copy or photograph.
F.
Office and P.O. Address
MARKING EXHIBITS: All exhibits shall be marked by the official court reporter
(“reporter”). Counsel shall not pre-mark exhibits except after consultation with and
6
Telephone No.:
Facsimile No.:
E-Mail Address:
Mobile Tel. No.:
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obtaining approval of the reporter. Counsel shall appear at least 30 minutes prior to
JUDICIAL SUBPOENA
Plaintiff(s)
trial to present exhibits to the reporter for marking, unless counsel has made advance
-against:
arrangements with the reporter for pre-marking of exhibits. If exhibits are too
:
numerous to be marked within such 30 minute period, counsel shall make advance
:
arrangements with the reporter for pre-marking of exhibits. Except for matters arising
Defendant(s)
:
. . . . . . . . . . . . . . .during .trial. which. could .not. reasonably. have been foreseen, all exhibits shall be
..... ... ..... ..... .. ......... ....
marked prior to the commencement of trial.
G.
COPIES OF EXHIBITS: The party marking an exhibit shall furnish a copy of the
THE PEOPLE OF THE STATE OF NEW YORK
exhibit for reference by the trial judge during the trial. If numerous exhibits are
TO
contemplated, such copies shall be placed in a three-ring binder indexed by exhibit
number.
12.
STIPULATIONS:
GREETINGS:
A.
During the pretrial conference, with the approval of the court, the respective counsel
WE COMMAND YOU, that all business and excuses being laid aside, you and each of you attend before
,
the Honorable for all of the parties stipulated onthe
at behalf of their respective clients as follows:
Court
located at
County of
(1)
The parties waive all objections on the listed exhibits identified by the letter
in room
, on the
day of
, 20
, at
o'clock in the
noon, and at any recessed
or adjourned date, to testify and give margin ofas a Schedulesthis actionand the part ofthat the same may be
“A” in the evidence the witness in attached on stipulate the
admitted without objection upon offer by either party.
(2)
The parties waive foundation on the listed exhibits identified by the letter “B”
Your failure to comply with this subpoena is punishable as a contempt of court and will make you liable to
the party on whose behalfin the margin of the Schedules maximum and stipulate that the damages sustained as a
this subpoena was issued for a attached penalty of $50 and all same may be
result of your failure to comply.
admitted without foundation, but reserve any other objection to them.
Witness, Honorable parties reserve all objections on the listed exhibits identified by the letter
, one of the Justices of the
(3)
The
Court in
County,
day of
, 20
“C” in the margin of the Schedules attached.
(4)
B.
^.
(Attorney must sign
The stipulations (as amended by interlineation by the above and type name below) in
court if any appear)
Schedule(s) ^ attached hereto are incorporated by reference.
C.
The parties previously stipulated in the Attorney(s) progression conference (see
telephone for
Progression Order) that:
(1)
13.
^.
Office and P.O. Address
TRIAL PROCEDURES: After discussion between the court and counsel, it was determined
that:
7
Telephone No.:
Facsimile No.:
E-Mail Address:
Mobile Tel. No.:
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A.
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RECORD REQUESTS: No “omnibus” request for JUDICIAL SUBPOENA
verbatim record has been made
Plaintiff(s)
pursuant -againstto Supreme Court Rule 5A(2) of Practice and Procedure, and any trial
:
proceeding for which a record is desired and not mandated by Supreme Court Rule
:
5A(1) of Practice and Procedure shall be specifically requested by counsel at the time
:
of such proceeding.
Defendant(s)
:
. . . . . . . . B. . . . . .NOTE. TAKING:. .Note .taking by. the. jury. shall be allowed, provided that such notes
..
..... ........ .... ....... .. ... ...
shall be retained by the bailiff during any recess and shall be destroyed at the
conclusion of the trial. Such notes shall be deemed confidential to the particular juror,
THE PEOPLE OF THE STATE OF NEW YORK
and shall not be subject to examination by any party or counsel.
TO
C.
WITNESS SEQUESTRATION: Witness sequestration pursuant to Rule 615 is
waived.
D.
GREETINGS:
WITNESS SEQUESTRATION: Pursuant to the request of a party under Rule 615,
witnesses shall be excluded from the courtroom during the testimony of other
WE COMMAND YOU, that all business and excuses being laid aside, you and each of you attend before
the testimony of other witnesses.
,
the Honorable witnesses so that excluded witnesses cannot hearCourt
at the
located at
County of
The parties and their respective attorneys are further prohibited from directly or
in room
, on the
day of
, 20
, at
o'clock in the
noon, and at any recessed
or adjourned date,indirectlyand give evidence thea content in thiswitness’s the part of the to any other
to testify communicating as witness of a action on trial testimony
witness.
E.
VIDEOTAPE DEPOSITIONS: Unless otherwise stated on the deposition record at
Your failure to comply with this subpoena is punishable as a contempt of court and will make you liable to
the party on whose behalf this subpoenasuch depositiona maximumshall be called to theall damages sustained as a
the commencement of was issued for and which penalty of $50 and court’s attention
result of your failure to comply.
upon the offer thereof, any videotaped deposition:
Witness, Honorable have the videotape marked as an exhibit by the official court reporter,
, one of the Justices of the
(1)
shall
Court in
County,
day of
, 20
and shall also have a written transcript thereof marked as a related exhibit,
both of which exhibits shall be offered into evidence for purposes of the
(Attorney must
record only and shall not go to the jury; and, sign above and type name below)
(2)
may be played to the jury without the concurrent taking down by the official
court reporter of the played content Attorney(s) for
thereof.
F.
PERMISSION TO APPROACH: Counsel may approach a witness without requesting
advance permission from the court where it is obvious that the purpose of approaching
Office and P.O. Address
relates to examination concerning an exhibit. Counsel may approach the official court
8
Telephone No.:
Facsimile No.:
E-Mail Address:
Mobile Tel. No.:
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:
reporter without requesting advance permission from the court where it is obvious that
JUDICIAL SUBPOENA
Plaintiff(s)
the purpose of approaching relates to the marking or retrieving of an exhibit.
-against:
G.
USE OF COURTESY TITLES: Counsel shall address parties, witnesses, and each
:
other in a formal manner, with the appropriate title (Mr., Mrs., Ms., Dr., etc.).
H.
:
USE OF COURTESY TITLES: Counsel shall address jurors, parties, witnesses, and
Defendant(s)
:
. . . . . . . . . . . . . . .each. other. in a .formal. manner, .with.the. appropriate title (Mr., Mrs., Ms., Dr., etc.).
... .... ... ..... ....... ... .. .....
I.
SPEAKING TO JURORS: Counsel, parties, and witnesses shall not address members
of the jury and any alternate juror(s) (and prior to completion of oath administration
THE PEOPLE OF THE STATE OF NEW YORK
to the trial jury, members of the jury panel) in any fashion outside of the courtroom,
TO
including, but not limited to, customary greetings of “good morning” or “hello.”
Counsel shall admonish all witnesses of this prohibition.
J.
GREETINGS:
JUDGE’S CHAMBERS: During the trial, counsel shall not enter the judge’s chambers
unless accompanied by opposing counsel.
WE COMMAND YOU, that all business and excuses being laid aside, you and each of you attend before
K.
All itemizations of costs shall be submitted no later
,
the Honorable ITEMIZATIONS OF COSTS: at the
Court
located at
County of
than the submission of the matter to the trier of fact at the conclusion of the trial.
in room
, on the
day of
, 20
, at
o'clock in the
noon, and at any recessed
or14.
adjourned date, toAfter discussion betweenas a court and counsel, it wasthe part of the the pleadings
ISSUES: testify and give evidence the witness in this action on determined that
adequately state the issues to be tried.
15.
ISSUES:
Your failure to comply with this subpoena is punishable as a contempt of court and will make you liable to
the party on whose behalf this subpoena was issued for a maximum penalty of $50 and all damages sustained as a
A.
IDENTIFIED ISSUES: After discussion between the court and counsel, the issues
result of your failure to comply.
listed in Schedule(s) ^ attached were determined to be the legal and factual issues.
Witness, Honorable ISSUES: After discussion between the court and counsel, the following
, one of the Justices of the
B.
IDENTIFIED
Court in
County,
day of
, 20
were determined to be the legal and factual issues:
(1)
(2)
C.
^.
^.
(Attorney must sign above and type name below)
ADDITIONAL ISSUES: The parties are allowed until ^ to add additional issues to
Attorney(s) for
the issue list by filing with the court, and mailing to the other parties, a list of any
additional legal or factual issues that the party maintains exists.
D.
ISSUES LIMITED: The issues for trial are limited to the issues identified above and,
Office and P.O. Address
to that extent, supersede all of the pleadings identified above.
9
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E-Mail Address:
Mobile Tel. No.:
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COURT
COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
......... ..
:
:
E.
Index No.
Calendar No.
:
ISSUES SUPPLEMENTED: The issues for trial identified aboveSUBPOENA
JUDICIAL shall supplement
Plaintiff(s)
the pleadings identified above, but do not preclude any other issues properly raised
-against:
by the pleadings.
16.
:
PRETRIAL MOTIONS:
A.
:
The parties shall be allowed to file the following pretrial motions after the date of this
Defendant(s)
:
. . . . . . . . . . . . . . .pretrial . . . . . . . . . . . ^.. . . . . . . . . . . . . . . . . . . . .
. . . . . . conference: .
B.
All such motions shall be filed on or before ^, and noticed in compliance with Rule
8-3 (and, if applicable, Rule 8-4) for hearing on or before ^.
THE PEOPLE OF THE STATE OF NEW YORK
C.
TO
No other pretrial motions, including, without limitation, motions for summary judgment
and motions in limine, shall be hereafter filed or considered except upon showing of
good cause together with a showing why such motion could not have been filed prior
GREETINGS:
17.
to the final pretrial conference in the exercise of reasonable diligence.
PRETRIAL MOTIONS: Neither party desires to file any additional pretrial motions,
WE COMMAND YOU, that all business and excuses being laid aside, you and each of you attend before
including, without limitation, motions for summary judgment and motions in limine, and none
,
the Honorable
at the
Court
located at
County of
shall be hereafter filed or considered except upon showing of good cause.
in room
, on the
day of
, 20
, at
o'clock in the
noon, and at any recessed
or18.
adjourned date, to testify and give evidence as a witness in this action on the part of the
REQUESTED JURY INSTRUCTIONS:
A.
All requested jury instructions shall be submitted to the Judge in sufficient time that
the to comply be this subpoena is Judge in chambers at least 10 days will make you
Your failure same shallwithreceived by the punishable as a contempt of court and prior to trial. liable to
the party on whose behalfof requests for was issued for a maximum penalty of $50 and all damages sustained as a
Copies this subpoena instructions shall be served on opposing counsel.
result of your failure to comply.
B.
Standard NJI or NJI2d instructions with no requested deviations or specific additions
Witness, Honorable
, one of the only.
may be requested by reference to the instruction number and titleJustices of the
Court in
County,
day of
, 20
C.
The instructions required by this paragraph are for the assistance of the court and to
enable the parties to have the best possible chance of having instructions tendered in
(Attorney must sign above and type name below)
the language desired by the parties. The court will not file these instructions with the
clerk. The formal request for instructions not included in the court’s draft instructions
Attorney(s) for
shall be filed with the clerk. Counsel should avoid formal filing with the clerk prior
to the formal instruction conference so as to avoid unnecessary filings in the court file.
19.
TRIAL BRIEFS: All trial briefs shall be submitted in sufficient time that the same shall be
Office and P.O. Address
received by the Judge at least 10 days prior to trial. All briefs shall be submitted to the Judge,
10
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Facsimile No.:
E-Mail Address:
Mobile Tel. No.:
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COURT
COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
......... ..
:
:
Index No.
Calendar No.
not filed with the clerk (see Uniform District Court :Rule 5B). Copies shall be served on
JUDICIAL SUBPOENA
Plaintiff(s)
opposing counsel.
-against20.
:
DELIVERY PREFERENCES: The court’s preferences for methods of delivery of jury
:
instructions (if applicable) and trial briefs are:
:
by electronic mail (as attachment of word processing file, prefer WordPerfect
Defendant(s)
:
. . . . . . . . . . . . . . . . . . . . . format) .to .Internet .address. — .cassel08@nol.org (note that 08 following
...... . ...... ..... .. ........
cassel are numeric while all others are alphabetic);
(1st)
(2nd) on CDROM or 3.5" floppy diskette (prefer WordPerfect format) by personal
THE PEOPLE OF THE STATE OF NEW YORK Box 105, Ainsworth, NE 69210-0105;
delivery or by mail to P.O.
TO
(3rd)
hard copy by personal delivery or by mail to P.O. Box 105, Ainsworth, NE
69210-0105.
21.
OBJECTIONS: The parties are allowed ten (10) days from the mailing of a copy of this
GREETINGS: to them to file written objections to this order with the court clerk. A hearing will be
order
WE COMMAND YOU,as noticed for hearing in compliance with Rule 8-3. Any objection not before
held on any objections that all business and excuses being laid aside, you and each of you attend
,
the Honorable
at the
Court
located at
County ofnoticed for hearing in compliance with Rule 8-3 may be denied without a hearing.
inSigned ^in chambers aton the
room
, ^Ainsworth, Nebraska, on ^;
day of
, 20
, at BY THE COURT: noon, and at any recessed
o'clock in the
orDEEMED ENTERED upon file stampgive by court clerk. a witness in this action on the part of the
adjourned date, to testify and date evidence as
If checked, the court clerk shall:
[X]
Mail a copy of this order, with all attachments, to all counsel of record and any pro se
parties.
Done on _____________, 20_______ by _________.
Your failure to comply with this subpoena is punishable as a contempt of court and will make you liable to
[X] Note the whose the trial docket subpoena Signed “Pretrial Order”
the party on decision on behalf thisas: [date of filing]was issued order].a maximum penalty of $50 and all damages sustained as a
for
entered; case assigned for trial at Trial Session No. [number from
result of Done onfailure to comply. by _________.
your _____________, 20_______
Witness, Honorable
Mailed to:
Court in
County,
William B. Cassel
, one
District Judge of the Justices of the
day of
, 20
(Attorney must sign above and type name below)
Attorney(s) for
Office and P.O. Address
11
Telephone No.:
Facsimile No.:
E-Mail Address:
Mobile Tel. No.:
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