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Progression Order Form. This is a Nebraska form and can be use in 8th District Local County.
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Tags: Progression Order, E-10, Nebraska Local County, 8th District
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......... ..
:
:
Index No.
Calendar No.
:
IN THE DISTRICT COURT OF ^ COUNTY, NEBRASKA
JUDICIAL SUBPOENA
Plaintiff(s)
-against-
:
^,
Case No. ^
:
Petitioner,
:
vs.
PROGRESSION ORDER
Defendant(s)
:
......................................................
^,
Respondent.
THE PEOPLE OF THE STATE OF NEW^.
YORK
DATE OF CONFERENCE:
PLACE OF CONFERENCE:
TO
Judge’s Chambers, Ainsworth, Nebraska, by telephone.
APPEARANCES:
For the petitioner:
For the respondent:
GREETINGS:
^.
^.
1.
INTERNET HOME PAGE: The court’s Internet home page address is:
WE COMMAND YOU, that all business and excuses being laid aside, you and each of you attend before
,
the Honorable
at the
Court
www.nol.org/home/DC8/ or www.dc8.state.ne.us
located at
County of
Trial
in2.
room TRIAL:, on the shall be held as follows:20
day of
,
, 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
A.
TYPE: The trial shall be to the court in equity.
B.
DATE/TIME: The matter shall be placed on the trial calendar following the final
pretrial conference.
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
C.
PRIORITY:
result of your failure to comply. The case shall be heard at the first available trial term in order of
priority by date of placement on trial calendar, except that criminal cases shall have
Witness, Honorable
, one of the Justices of the
first priority for trial, and civil cases having statutory priority shall be advanced for
Court in
County,
day of
, 20
trial prior to cases not having statutory priority. The status of the court’s trial
calendar, kept continually current, may be viewed on the court’s Internet site.
(Attorney must sign above and type name below)
3.
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
Attorney(s) for
possible, in the District Judge’s chambers of the ^ County Courthouse in ^, Nebraska.
4.
FINAL PRETRIAL CONFERENCE: Unless continued by the court pending disposition of
motions, a final pretrial conference shall be held on Office and P.O. Address conference call,
^, at ^.m., by telephonic
in the District Judge’s chambers of the ^ County Courthouse in ^, Nebraska. ^Petitioner’s
counsel shall initiate the conference call, and the judge shall be reached at ^402-387-2162.
Telephone No.:
A.
Facsimile No.:
Trial counsel shall appear with full authority to stipulate regarding disputed facts and
1
E-Mail Address:
Mobile Tel. No.:
American LegalNet, Inc.
www.USCourtForms.com
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:
to settle and compromise any claim or defense.
Plaintiff(s)
B.
Index No.
Calendar No.
JUDICIAL SUBPOENA
If all settlement negotiations have not been exhausted, the petitioner and respondent
-against:
shall be available in person at the final pretrial conference.
:
C.
All lists and other documents required by this order to be submitted at the pretrial
:
conference shall be transmitted in sufficient time to be received by the judge at least
Defendant(s)
:
. . . . . . . . . . . . . . .48 hours. prior. to. the. conference. . . . . . . . . . . .
....... .... . .. ..........
5.
FINAL PRETRIAL CONFERENCE: After discussion between the court and counsel, it
was determined that no final pretrial conference is necessary.
THE PEOPLE OF THE STATE OF NEW YORK
6.
TO
PLEADINGS:
A.
ALLOWED PLEADINGS: Pursuant to statute, the only pleadings allowed are the
petition, the responsive pleading (with or without counter-petition), and the responsive
GREETINGS:
pleading to counter-petition.
B.
UNCONTESTED all business and excuses being laid fact you petition or counterWE COMMAND YOU, thatALLEGATIONS: Allegations ofaside, in a and each of you attend before
,
the Honorable petition not denied in any responsive pleading thereto shall be deemed as admitted and
at the
Court
located at
County of
may the be contested at trial. , 20
in room
, on not
day of
, at
o'clock in the
noon, and at any recessed
or adjourned date,PLEADINGSgive FILE: The operative in this action on the part time of the conference
to testify and ON evidence as a witness pleadings on file at the of the
C.
are:
(1)
PETITION: The ^ petition 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 behalf this subpoena was issued for a maximum penalty of $50 and all damages sustained as a
(a)
RESPONSIVE PLEADING: The ^ responsive pleading filed on ^.
result of your failure to comply.
(2)
COUNTER-PETITION: The counter-petition filed on ^.
Witness, Honorable
(a)
Court in
County,
D.
, one of the Justices of on
RESPONSIVE PLEADING: The ^ responsive pleading filed the ^.
day of
, 20
AMENDMENTS: By agreement of counsel and without necessity of formal motion
granting leave therefor, the ^ shall be allowed to file a(n) ^ on or before ^.
(Attorney must sign above and type name below)
(1)
(2)
E.
The ^ shall have ^ days thereafter to ^.
The ^ shall have ^ days thereafter to ^.
Attorney(s) for
LATER MOTIONS TO AMEND: Motions for leave to amend pleadings shall be filed
on or before ^, and promptly noticed for hearing in compliance with Rule 8-3 in
sufficient time that all amendments and any pleadings in response thereto will be
Office and P.O. Address
completed prior to the completion of discovery.
F.
UNTIMELY MOTIONS: Motions for leave to amend pleadings filed after such date
Telephone No.:
will be summarily denied unless accompanied by a showing:
Facsimile No.:
2
E-Mail Address:
Mobile Tel. No.:
American LegalNet, Inc.
www.USCourtForms.com
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(1)
Calendar No.
:
that the granting of the motion will not delayJUDICIAL SUBPOENA
progression to the final pretrial
Plaintiff(s)
conference, or,
-against(2)
Index No.
:
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.
Defendant(s)
:
. .7.. . . . . PLEADINGS:. .After .discussion. between .the .court .and counsel, the following orders were
.
............. .... ........ ....... .. .... .
issued with regard to pleading:
A.
ALLOWED PLEADINGS: Pursuant to statute, the only pleadings allowed are the
THE PEOPLE OF THE STATE OF NEW YORK
petition, the responsive pleading (with or without counter-petition), and the responsive
TO
pleading to counter-petition.
B.
GREETINGS:
UNCONTESTED ALLEGATIONS: Allegations of fact in a petition or counterpetition not denied in any responsive pleading thereto shall be deemed as admitted and
may not be contested at trial.
WE COMMAND YOU, that all business and excuses being laid aside, you and each of you attend before
C.
,
the Honorable PLEADINGS ON FILE: The operative pleadings on file at the time of the conference
at the
Court
located at
County of
are:
in room
, on the
day of
, 20
, at
o'clock in the
noon, and at any recessed
or adjourned date,(1) testify and give evidence petition filed on ^. action on the part of the
to
PETITION: The ^ as a witness in this
(a)
(2)
RESPONSIVE PLEADING: The ^ responsive pleading filed on ^.
COUNTER-PETITION: The counter-petition 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 behalf(a) subpoena was issued for a maximum penalty of $50 pleading filed onsustained as a
this RESPONSIVE PLEADING: The ^ responsive and all damages ^.
result of your failure to comply.
D.
ISSUES: The issues for trial shall be determined in accordance with the “ISSUES”
Witness, Honorablebelow.
paragraph
Court in
County,
day of
8.
, one of the Justices of the
, 20
DISCOVERY: After discussion among the court and counsel, the court finds that discovery
is completed. The parties may stipulate for additional discovery if the stipulation will not
(Attorney must sign above
delay any trial or the progression of the case toward trial, and the court and type name below)
may grant additional
discovery upon motion and hearing, upon the showing of good cause.
9.
Attorney(s) the
DISCOVERY: After discussion among the court and counsel, for 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,
Office and P.O. Address
as follows:
A.
WRITTEN DISCOVERY: All interrogatories, requests for admission or requests for
Telephone No.:
the production of documents and for inspection shall be served upon the other parties
Facsimile No.:
3
E-Mail Address:
Mobile Tel. No.:
American LegalNet, Inc.
www.USCourtForms.com
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:
in sufficient time such that answers thereto may be submitted underSUBPOENA
JUDICIAL normal discovery
Plaintiff(s)
rule time -against- the completion date.
limits by
B.
:
SUPPLEMENTAL ANSWERS: All supplemental answers to previously served
:
interrogatories or requests for admission shall be served upon the other parties by the
:
completion date.
Defendant(s)
:
. . . . . . . . C. . . . . .DEPOSITIONS: . All . . . . . . . . . . .shall. be .taken by the completion date.
..
. . . . . . . . . . . . . . . . . depositions . . . . . . . .
D.
PHYSICAL AND MENTAL EXAMINATIONS: All requests for a physical or mental
examination shall be submitted in sufficient time that any necessary hearing may be
THE PEOPLE OF THE STATE OF NEW YORK
held and the examination conducted and completed by the completion date.
TO
E.
EXTENSION OF DISCOVERY TIME: The times for discovery may be extended by
the stipulation of the parties, without permission of the court, if the extension will not
GREETINGS:
delay any trial or the progression of the case toward trial, and the time for discovery
will be extended by the court only after motion and hearing, upon the showing of good
WE COMMAND YOU, that all business and excuses being laid aside, you and each of you attend before
,
the Honorable cause.
at the
Court
located at
County of
10.
DISCOVERY: After discussion among the court and counsel, the court finds that 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 the completion action on the part of the
following are reasonable times for a witness in this of discovery, and hereby orders that
discovery shall be completed as follows:
A.
WRITTEN DISCOVERY: All interrogatories, requests for admission or requests for
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 issuedfor inspection shall be served upon all damages sustained as a
the production of documents and for a maximum penalty of $50 and the other parties
result of your failure to comply.
in sufficient time such that answers thereto may be submitted under normal discovery
Witness, Honorable
rule time limits on or before ^.
Court in
County,
day of
B.
, one of the Justices of the
, 20
WRITTEN DISCOVERY: All interrogatories, requests for admission or requests for
the production of documents and for inspection shall be served upon the other parties
(Attorney must sign above and type name below)
on or before ^.
C.
SUPPLEMENTAL ANSWERS: All supplemental answers to previously served
Attorney(s) for
interrogatories or requests for admission shall be served upon the other parties on or
before ^.
D.
DEPOSITIONS: All depositions shall be taken on or before ^.
E.
PHYSICAL AND MENTAL EXAMINATIONS: The defendant(s) shall have until ^
Office and P.O. Address
to request a physical or mental examination of ^.
F.
Telephone No.:
PHYSICAL AND MENTAL EXAMINATIONS: All requests for a physical or mental
4
Facsimile No.:
E-Mail Address:
Mobile Tel. No.:
American LegalNet, Inc.
www.USCourtForms.com
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examination shall be submitted in sufficient time that any necessary hearing may be
JUDICIAL SUBPOENA
Plaintiff(s)
held and -againstthe examination conducted and completed on or before ^.
:
G.
EXTENSION OF DISCOVERY TIME: The times for discovery may be extended by
:
the stipulation of the parties, without permission of the court, if the extension will not
:
delay any trial or the progression of the case toward trial, and the time for discovery
Defendant(s)
:
. . . . . . . . . . . . . . .will .be extended by.the .court . . . . .after.motion and hearing, upon the showing of good
. . . . . . . . . . . . . . . . . . . . . only . . . . . . . . .
cause.
11.
WITNESSES:
THE PEOPLE OF THE STATE OF NEW YORK
A.
TO
AUTOMATIC DISCLOSURES: Within ^ days from the date of this progression
conference, each party shall, without request, serve upon the other party identification
by name and address of all persons likely to have information which bears signifi-
GREETINGS:
cantly on the issues in the case, to the extent not previously provided through
discovery.
WE COMMAND YOU, that all business and excuses being laid aside, you and each of you attend before
B.
shall
,
the Honorable FINAL LIST FILED: On or before ^, each party Court file with the Court clerk, and
at the
located at
County of
serve on the other party, a list, of witnesses showing specific name, address,any recessed
and
in room
, on the
day of
20
, at
o'clock in the
noon, and at
or adjourned date,telephoneand give evidence as a witnessthereon, but not previouslythe
to testify number. Any witness listed in this action on the part of disclosed by either
party pursuant to paragraph A above, shall be further identified by a summary of the
testimony of such this subpoena is punishable as date, witnesses may be added to the
Your failure to comply withadditional witness. After that a contempt of court and will make you liable to
the party on whose behalf list only with the permissionaof the courtpenaltyafter showing of good cause.
witness this subpoena was issued for maximum given of $50 and all damages sustained as a
result of your failure to comply.
C.
FINAL LIST PRODUCED: At the final pretrial conference, each party shall submit
Witness, Honorable (not file with the court clerk), and serve, on the the Justices ofathe of
one of other party, list
to the Court
Court in
County,
day of
, 20
witnesses showing specific name, address, and telephone number. Any witness listed
thereon, but not previously disclosed by either party pursuant to paragraph A above,
(Attorney must sign above and type name below)
shall be further identified by a summary of the testimony of such additional witness.
After that date, witnesses may be added to the witness list only with the permission
Attorney(s) for
of the court given after showing of good cause.
D.
ADDITIONAL WITNESSES: Except rebuttal witnesses not now known, neither party
may call as a witness at trial any person that is not on either of the final witness lists
Office and P.O. Address
(without regard to the identity of the party submitting the list).
12.
WITNESSES:
A.
Telephone No.:
ATTACHED LISTS: Witnesses for each party are named on the respective list of the
Facsimile No.:
5
E-Mail Address:
Mobile Tel. No.:
American LegalNet, Inc.
www.USCourtForms.com
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parties attached hereto and marked as follows:
Plaintiff(s)
(1)
For the respondent:
Calendar No.
JUDICIAL SUBPOENA
Schedule ^.
:
(2)
B.
For the petitioner:
-against-
Index No.
Schedule ^.
:
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
Defendant(s)
:
. . . . . . . . . . . . . . .lists .(without regard. to . . . .identity .of.the. party submitting the list).
. . . . . . . . . . . . . . . . . the . . . . . . . . . . . . .
C.
SUPPLEMENTING LISTS: Any party may add additional witnesses to such party’s
witness list by filing with the court and mailing to the other counsel a list of the
THE PEOPLE OF THE STATE OF NEW YORK
additional witnesses together with a summary of the testimony of each additional
TO
witness on or before ^. Thereafter, witnesses may be added to the witness list only
with the permission of the court after showing of good cause.
D.
GREETINGS:
SUPPLEMENTING LISTS: Witnesses may be added to a witness list only with the
permission of the court after showing of good cause.
WE COMMAND YOU, that all business and excuses being laid aside, you and each of you attend before
13.
EXHIBITS:
,
the Honorable
at the
Court
located at
County of
A.
AUTOMATIC DISCLOSURES: Within ^ days from the date of this progression
in room
, on the
day of
, 20
, at
o'clock in the
noon, and at any recessed
or adjourned date,conference, each party shall, without request, action upon the other party a photocopy
to testify and give evidence as a witness in this serve on the part of the
of, or a description by category and location of, all documents, data, compilations, and
tangible things in the possession, custody, or control of the party that are likely to bear
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 in the case, maximum penaltypreviously provided through
significantly on any issue issued for a to the extent not of $50 and all damages sustained as a
result of your failure to comply.
discovery.
Witness, Honorable FILED: On or before ^, each party shall file with the Court clerk, and
, one of the Justices of the
B.
FINAL LIST
Court in
County,
day of
, 20
serve on the other party, a list of exhibits showing specific description thereof. Any
exhibit listed thereon, but not previously disclosed by any party pursuant to paragraph
(Attorney must sign above and type name below)
A above, shall be further identified by furnishing a photocopy thereof to the other party
unless photocopying the exhibit is impractical or unduly expensive. After that date,
Attorney(s) permission of the court given
exhibits may be added to the exhibit list only with the for
after showing of good cause.
C.
FINAL LIST PRODUCED: At the final pretrial conference, each party shall submit
Office and P.O. Address
to the Court (not file with the court clerk), and serve on the other party, a list of
exhibits showing specific description thereof. Any exhibit listed thereon, but not
Telephone No.:
previously disclosed by any party pursuant to paragraph A above, shall be further
Facsimile No.:
6
E-Mail Address:
Mobile Tel. No.:
American LegalNet, Inc.
www.USCourtForms.com
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identified by furnishing a photocopy thereof to:the other party unless photocopying the
JUDICIAL SUBPOENA
Plaintiff(s)
exhibit is-againstimpractical or unduly expensive. After that date, exhibits may be added to
:
the exhibit list only with the permission of the court given after showing of good cause.
:
D.
ADDITIONAL EXHIBITS: The parties are limited to the exhibits on either of the
:
final exhibit lists (without regard to the identity of the party submitting the list).
Defendant(s)
:
. . . . . . . . E. . . . . .NONDOCUMENTARY/OVERSIZE. EXHIBITS: Pursuant to Supreme Court rule:
..
............................... .......
(1)
The party offering any nondocumentary item of physical evidence shall
provide a photograph, not exceeding 8½ by 11 inches and which fairly and
THE PEOPLE OF THE STATE OF NEW YORK
accurately depicts the item, to the court reporter at the time the original exhibit
TO
is marked.
(2)
The party offering any documentary item of evidence exceeding 8½ by 11
inches shall provide a reduced size photographic copy or photograph, not
GREETINGS:
exceeding 8½ by 11 inches and which fairly and accurately depicts the item,
WE COMMAND YOU, that all business and excuses being laid aside, you and each of you attend before
to the court reporter at the the the original exhibit is marked.
,
the Honorable
at time
Court
located at
County of
(3)
The court reporter shall refuse to mark and the Court may refuse to accept any
in room
, on the
day of
, 20
, at
o'clock in the
noon, and at any recessed
such give evidence but not accompanied by such part or photograph.
or adjourned date, to testify anditem submittedas a witness in this action on thecopyof the
F.
MARKING EXHIBITS: All exhibits shall be marked by the official court reporter
(“reporter”). Counsel shall not pre-mark exhibits except after consultation with and
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 reporter. Counsel shall appearof $50 and all damages sustained as a
obtaining approval of the issued for a maximum penalty at least 30 minutes prior to
result of your failure to comply.
trial to present exhibits to the reporter for marking, unless counsel has made advance
Witness, Honorable with the reporter for pre-marking of exhibits. the Justices of are too
, one of If exhibits the
arrangements
Court in
County,
day of
, 20
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
(Attorney must sign above and exhibits shall
during trial which could not reasonably have been foreseen, all type name below) be
marked prior to the commencement of trial.
14.
Attorney(s) for
EXHIBITS:
A.
ATTACHED LISTS: Each party disclosed the exhibits they respectively intend to
introduce, to be the following:
Office and P.O. Address
(1)
Schedule ^.
(2)
B.
For the petitioner:
For the respondent:
Schedule ^.
ADDITIONAL EXHIBITS: The parties areTelephone the exhibits on any one or more
limited to No.:
7
Facsimile No.:
E-Mail Address:
Mobile Tel. No.:
American LegalNet, Inc.
www.USCourtForms.com
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of the exhibit lists (without regard to the identity of the party submitting the list).
JUDICIAL SUBPOENA
Plaintiff(s)
C.
SUPPLEMENTING LISTS: Exhibits may be :added to the exhibit list only with the
-againstpermission of the court given after showing of good cause.
:
D.
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
Defendant(s)
:
. . . . . . . . . . . . . . .description.of. the.additional. exhibits,.and mailing to the other counsel a photocopy of
......... . .. ........ ....... .......
the exhibits unless photocopying the exhibit is impractical or unduly expensive. After
that date, exhibits may be added to the exhibit list only with the permission of the court
THE PEOPLE OF THE STATE OF NEW YORK
given after showing of good cause.
TO
E.
NONDOCUMENTARY/OVERSIZE EXHIBITS: Pursuant to Supreme Court rule:
(1)
GREETINGS:
The party offering any nondocumentary item of physical evidence shall
provide a photograph, not exceeding 8½ by 11 inches and which fairly and
accurately depicts the item, to the court reporter at the time the original exhibit
WE COMMAND YOU, that all business and excuses being laid aside, you and each of you attend before
is marked.
,
the Honorable
at the
Court
located at
County of
(2)
The party offering any documentary item of evidence exceeding 8½ by 11
in room
, on the
day of
, 20
, at
o'clock in the
noon, and at any recessed
inches shall provide a reduced size action on the copy or
or adjourned date, to testify and give evidence as a witness in this photographicpart of the photograph, not
exceeding 8½ by 11 inches and which fairly and accurately depicts the item,
to the court reporter at the time the original exhibit is marked.
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 court reporter shall refuse to mark and the Court$50 and all damages sustained as a
this subpoena was issued for a maximum penalty of may refuse to accept any
(3)
result of your failure to comply.
such item submitted but not accompanied by such copy or photograph.
Witness, Honorable EXHIBITS: All exhibits shall be marked by the official court reporter
, one of the Justices of the
F.
MARKING
Court in
County,
day of
, 20
(“reporter”). Counsel shall not pre-mark exhibits except after consultation with and
obtaining approval of the reporter. Counsel shall appear at least 30 minutes prior to
(Attorney unless above and type name advance
trial to present exhibits to the reporter for marking, must signcounsel has madebelow)
arrangements with the reporter for pre-marking of exhibits. If exhibits are too
Attorney(s) counsel shall make advance
numerous to be marked within such 30 minute period,for
arrangements with the reporter for pre-marking of exhibits. Except for matters arising
during trial which could not reasonably have been foreseen, all exhibits shall be
Office and P.O. Address
marked prior to the commencement of trial.
15.
FOUNDATION: Specific objections to foundation for exhibits shall be filed by the parties
Telephone No.:
on or before ^, or the foundational objection shall be considered waived at time of trial.
8
Facsimile No.:
E-Mail Address:
Mobile Tel. No.:
American LegalNet, Inc.
www.USCourtForms.com
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16.
Index No.
Calendar No.
:
FOUNDATION: Specific objections to foundation for exhibits shall be raised by the parties
JUDICIAL SUBPOENA
Plaintiff(s)
at the pretrial conference, or the foundational objection shall be considered waived at time
-against:
of trial. At the pretrial conference, exhibits will be classified into the following categories:
:
A.
Category “A” exhibits will be those for which the parties waive all objections and
:
stipulate that the same may be admitted without objection upon offer by either party.
Defendant(s)
:
. . . . . . . . B. . . . . .Category. “B”. exhibits .will. be . those. for. . . . . the parties waive foundation and
..
. . . . . . . . . . . . . . . . . . . . . . . . . . . . which
stipulate that the same may be admitted without foundation, but reserve any other
objection to them.
THE PEOPLE OF THE STATE OF NEW YORK
C.
TO
17.
Category “C” exhibits will be those for which no objections are waived, and to which
specific foundational objection(s) is/are asserted at the pretrial conference.
STIPULATIONS:
A.
GREETINGS:
The parties shall attempt to stipulate to all agreed facts in writing, which stipulation
shall be filed with the Court on or before ^. In the event that no facts can be stipulated
WE COMMAND YOU, that all business and excuses being laid aside, you and each of you attend before
same
,
the Honorable to by the parties, the parties shall jointly report theCourt in writing to the Court on or
at the
located at
County of
before such date.
in room
, on the
day of
, 20
, at
o'clock in the
noon, and at any recessed
or adjourned date,The parties shall attempt toas a witness in this action on the part of the
to testify and give evidence stipulate to all agreed facts in writing, which stipulation
B.
shall be submitted to the Court (not filed with the court clerk) at the pretrial
conference. In the event that no facts can be stipulated to of the parties, the parties
Your failure to comply with this subpoena is punishable as a contempt by court and will make you liable to
the party on whose behalf this subpoena was issued for a maximum penalty Court at theall damages sustained as a
shall each submit separate proposed stipulations to the of $50 and pretrial conferresult of your failure to comply.
ence.
Witness, Honorable telephone progression conference, with theone of the Justices court, the
, approval of the of the
C.
During the
Court in
County,
day of
, 20
respective counsel for all of the parties stipulated on behalf of their respective clients
as follows:
(1)
(Attorney must sign above and type name below)
The parties waive all objections on the listed exhibits identified by the letter
“A” in the margin of the Schedules attached and stipulate that the same may be
Attorney(s) party.
admitted without objection upon offer by eitherfor
(2)
The parties waive foundation on the listed exhibits identified by the letter “B”
in the margin of the Schedules attached and stipulate that the same may be
Office and P.O. Address
admitted without foundation, but reserve any other objection to them.
(3)
The parties reserve all objections on the listed exhibits identified by the letter
Telephone No.:
Facsimile No.:
E-Mail Address:
Mobile Tel. No.:
“C” in the margin of the Schedules attached.
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:
:
(4)
Index No.
Calendar No.
:
The parties waive all objections on the following listed exhibits and stipulate
JUDICIAL SUBPOENA
Plaintiff(s)
that the same may be admitted without objection upon offer by either party, to-against:
wit: Schedule ^, items nos. ^; Schedule ^, items nos. ^.
:
(5)
The parties waive foundation on the following listed exhibits and stipulate that
:
the same may be admitted without foundation, but reserve any other objection
Defendant(s)
:
. . . . . . . . . . . . . . . . . . . . . to . . . . . .to-wit: . Schedule .^, .items .nos. ^; Schedule ^, items nos. ^.
. . them, . . . . . . . . . . . . . . . . . . . . .
(6)
^.
(7)
^.
THE PEOPLE OF THE STATE OF NEW YORK
18.
TO
TRIAL PROCEDURES: At the final pretrial conference, trial procedures will be
considered. In addition to any other matters which may be raised by the parties or counsel,
the court will consider procedures regarding:
A.
GREETINGS:
Requests for record of portion of trial for which no verbatim record is required by
Supreme Court Rule 5A(1) of Practice and Procedure.
WE COMMAND YOU, that all business and excuses being laid aside, you and each of you attend before
B.
,
the Honorable Any requests for sequestration of the
at witnesses.
Court
located at
County of
C.
Procedures for use of any videotape depositions.
in room
, on the
day of
, 20
, at
o'clock in the
noon, and at any recessed
or adjourned date,Procedures for requesting as a witness in this action on the part of the official court
to testify and give evidence permission to approach witnesses or the
D.
reporter.
E.
Use of formal titles to address counsel, parties, and witnesses.
G.
Itemizations of costs.
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 thisagainst entering judge’s chambers expenaltyduring trial. all damages sustained as a
F.
Prohibition subpoena was issued for a maximum parte of $50 and
result of your failure to comply.
19.
Court in
Witness, Honorable
, one of the Justices of the
TRIAL PROCEDURES: After discussion between the court and counsel, it was determined
that:
A.
County,
day of
, 20
RECORD REQUESTS: No “omnibus” request for verbatim record has been made
(Attorney must sign
pursuant to Supreme Court Rule 5A(2) of Practice and above and type name below)trial
Procedure, and any
proceeding for which a record is desired and not mandated by Supreme Court Rule
Attorney(s) for
5A(1) of Practice and Procedure shall be specifically requested by counsel at the time
of such proceeding.
B.
WITNESS SEQUESTRATION: Witness sequestration pursuant to Rule 615 is
Office and P.O. Address
waived.
C.
WITNESS SEQUESTRATION: Pursuant to the request of a party under Rule 615,
Telephone No.:
Facsimile No.:
E-Mail Address:
Mobile Tel. No.:
witnesses shall be excluded from the courtroom during the testimony of other
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:
Index No.
Calendar No.
witnesses so that excluded witnesses cannot :hear the testimony of other witnesses.
JUDICIAL SUBPOENA
Plaintiff(s)
The parties and their respective attorneys are further prohibited from directly or
-against:
indirectly communicating the content of a witness’s trial testimony to any other
:
witness.
D.
:
VIDEOTAPE DEPOSITIONS: Unless otherwise stated on the deposition record at
Defendant(s)
:
. . . . . . . . . . . . . . .the .commencement.of. such deposition.and. which shall be called to the court’s attention
.. ............ . ............. .. ....
upon the offer thereof, any videotaped deposition:
(1)
shall have the videotape marked as an exhibit by the official court reporter,
THE PEOPLE OF THE STATE OF NEW YORK
and shall also have a written transcript thereof marked as a related exhibit,
TO
both of which exhibits shall be offered into evidence for purposes of the
record only and shall not go to the jury; and,
GREETINGS:
(2)
may be played to the jury without the concurrent taking down by the official
court reporter of the played content thereof.
WE COMMAND YOU, that all business and excuses being laid aside, you and each of you attend before
E.
,
the Honorable PERMISSION TO APPROACH: Counsel may approach a witness without requesting
at the
Court
located at
County of
advance permission from the court where it is obvious that the purpose of approaching
in room
, on the
day of
, 20
, at
o'clock in the
noon, and at any recessed
or adjourned date,relates to and give evidence as a witness in this Counsel may part of the the official court
to testify examination concerning an exhibit. action on the approach
reporter without requesting advance permission from the court where it is obvious that
the purpose of approaching relates to the marking or retrieving of an exhibit.
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 maximumaddress parties,and all damages sustained as a
F.
USE OF COURTESY TITLES: Counsel shall penalty of $50 witnesses, and each
result of your failure to comply.
other in a formal manner, with the appropriate title (Mr., Mrs., Ms., Dr., etc.).
Witness, Honorable
, one of the judge’s chambers
G.
JUDGE’S CHAMBERS: During the trial, counsel shall not enterthe Justices of the
Court in
County,
day of
, 20
unless accompanied by opposing counsel.
H.
ITEMIZATIONS OF COSTS: All itemizations of costs shall be submitted no later
(Attorney at the above and type name trial.
than the submission of the matter to the trier of factmust signconclusion of the below)
20.
ISSUES:
A.
Attorney(s) for
PROPERTY/DEBTS: If division of property and/or debts is contested, the parties
shall prepare and submit at the pretrial conference a Joint Property Statement.
(1)
The statement shall be in the form set forth in “Attachment 1” to this order,
Office and P.O. Address
which shall contain both parties’ descriptions of all property in dispute,
including, without limitation, each party’s value thereof.
(2)
Telephone No.:
The items of property described in the Joint Property Statement shall be
11
Facsimile No.:
E-Mail Address:
Mobile Tel. No.:
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:
:
Index No.
Calendar No.
:
grouped by category, and further information provided for SUBPOENA
JUDICIAL each specific item
Plaintiff(s)
as follows:
-against(a)
:
Real Estate (for each parcel of real estate owned):
:
1)
Legal description;
2)
Mortgage or lien (Name and amount);
:
3)
Fair market value.
Defendant(s)
:
. . . . . . . . . . . . . . . . . . . . . (b) . . . .Vehicles, including .recreational vehicles or boats (For each vehicle):
...
................ .........
1)
Year, make, and v.i.n.;
2)
Mortgage or lien (name and amount);
3) NEWFair market value.
THE PEOPLE OF THE STATE OF
YORK
TO
(c)
GREETINGS:
Cash, Checking and Savings Accounts (for each account):
1)
Name of financial institution;
2)
How title held;
3)
Amount at time of filing of petition;
4)
Amount at time of pretrial.
WE COMMAND YOU, Stocks and Bonds (for each being laidbond held):and each of you attend before
that all business and excuses stock or aside, you
(d)
,
the Honorable
at address;
Court
1)
Name and the
located at
County of
2)
Description of the security;
in room
, on the
day of
20
at
o'clock
noon, and at any recessed
3)
Value at ,time of ,filing of petition; in the
or adjourned date, to testify and give evidence as a witness in this action on the part of the
4)
Value at time of pretrial.
(e)
Life Insurance (for each policy owned or held):
Your failure to comply with this Name of company;
subpoena is punishable as a contempt of court and will make you liable to
1)
the party on whose behalf this subpoena was issued for a maximum penalty of $50 and all damages sustained as a
2)
Policy number;
result of your failure to comply. 3)
Cash surrender value, as close to date of pretrial as possible;
4)
Loan against policy (date and amount);
Witness, Honorable
, one of the Justices of the
5)
Owner;
6) day of
Beneficiary. , 20
Court in
County,
(f)
Furniture and Personal Effects: List only items that are in dispute, or
that are in possession of party not must sign above and type name below) and
(Attorney receiving item (description
value).
(g)
Other assets and property (description and value).
Attorney(s) for
(h)
Indebtedness (for each creditor):
1)
Name of creditor;
2)
Present amount of indebtedness;
Office and P.O. Address
3)
By whom incurred/when incurred/original amount;
4)
Purpose;
5)
Amount of installment.
(i)
Telephone No.:
Pension/Retirement Plans: Facsimile No.:
E-Mail Address:
Mobile Tel. No.:
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:
:
1)
2)
-against3)
4)
(j)
Index No.
Calendar No.
:
Name;
JUDICIAL SUBPOENA
Plaintiff(s)
Participant;
Value at time of filing : petition;
of
Value at time of pretrial.
:
Property brought into marriage, or received by gift or inheritance
:
during marriage (description and value).
Defendant(s)
:
. . . . . . . . B. . . . . .ALIMONY: . If. alimony . . .spousal .support .is .
..
. . . . . . . . . . . . . . . . . . or . . . . . . . . . . . . . contested, each party shall prepare and
submit at the pretrial conference a list of each factor the party maintains should be
considered by the court in determining alimony, and with respect to each such factor,
THE PEOPLE OF THE STATE OF NEW YORK
proposed specific findings of fact regarding the existence or nonexistence of such
TO
factor which the party expects to adduce in evidence at trial.
C.
GREETINGS:
CUSTODY: If child custody is in issue, each party shall prepare and submit at the
pretrial conference a list of each factor the party maintains should be considered by
the court in determining custody, and with respect to each such factor, proposed
WE COMMAND YOU, that all business and excuses being laid aside, you and each of you attend before
,
the Honorable specific findings of fact regarding the existence orCourt
at the
nonexistence of such factor which
located at
County of
the party expects to adduce in evidence, at trial. o'clock in the
in room
, on the
day of
, 20
noon, and at any recessed
or adjourned date, to testify and give evidence as a witness in this action on the part of the
D.
CHILD SUPPORT: If there are any minor children of the marriage, the parties shall
prepare and submit at the pretrial conference detailed child support guideline
Your failure to comply includingsubpoena is punishable as a contempt and the and will make any liable to
calculations, with this mathematical calculations used of court reasons for you
the party on whose behalf this subpoena was issued for a maximum penalty of $50 and all damages sustained as a
proposed deviation from the guideline calculations, with 2 years’ tax returns for each
result of your failure to comply.
party and current payroll data. If the parties do not agree upon the calculations, each
Witness, Honorable
party shall submit separate calculations.
Court in
County,
day of
, 20
E.
, one of the Justices of the
SPECIFIC VISITATION: If specific child visitation conditions are requested by
either party, each party shall prepare and submit at the pretrial conference any
(Attorney must sign above and type name below)
proposed deviations from the standard visitation schedule (Appendix “C”) used in the
Eighth Judicial District.
F.
Attorney(s) for
OTHER REQUESTED RELIEF: If any other relief is requested by either party,
including, but not limited to, attorneys’ fees, costs, allocation of income tax child
exemptions, child care expenses, health insurance, or allocation of unreimbursed
Office and P.O. Address
health care expenses, each party shall prepare and submit at the pretrial conference a
list of each factor the party maintains should be considered by the court in determining
Telephone No.:
such item of relief, and with respect to each such factor, proposed specific findings
Facsimile No.:
13
E-Mail Address:
Mobile Tel. No.:
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:
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of fact regarding the existence or nonexistence: of such factor which the party expects
JUDICIAL SUBPOENA
Plaintiff(s)
to adduce in evidence at trial.
-against21.
:
ISSUES: After discussion between the court and counsel, it was determined that the pleadings
:
adequately state the issues to be tried.
22.
:
ISSUES: Each party shall submit (not file) a list of disputed factual and legal issues at the
Defendant(s)
:
. . . . . . . . pretrial. conference. . .Such .list .shall .be. in .the . form .of the legal elements of each claim or
...... .......... .... .. .... . .. .. .... .
defense, and the contested factual issues as to each element of the claim or defense.
23.
ISSUES:
THE PEOPLE OF THE STATE OF NEW YORK
A.
TO
IDENTIFIED ISSUES: After discussion between the court and counsel, the issues
listed in Schedule(s) ^ attached were determined to be the legal and factual issues.
B.
GREETINGS:
IDENTIFIED ISSUES: After discussion between the court and counsel, the following
were ^tentatively determined to be the legal and factual issues:
(1)
^.
WE COMMAND YOU, that all business and excuses being laid aside, you and each of you attend before
^.
,
the Honorable (2)
at the
Court
located at
County of
C.
ADDITIONAL ISSUES: The parties are allowed until ^ to add additional issues to
in room
, on the
day of
, 20
, at
o'clock in the
noon, and at any recessed
or adjourned date,the testify list by filing withas a witness and mailing to the other parties, a list of any
to issue and give evidence the court, in this action on the part of the
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,
E.
ISSUES SUPPLEMENTED: The issues for trial identified above shall supplement
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
to that extent, supersede all of the pleadings identified above.
result of your failure to comply.
Witness, Honorable identified above, but do not preclude any other issues properly raised
, one of the Justices of the
the pleadings
Court in
County,
day of
, 20
by the pleadings.
24.
PRETRIAL MOTIONS:
A.
(Attorney must
All pretrial motions, not otherwise provided for above,sign above and type name below) ^,
shall be filed on or before
and noticed for hearing prior to the date of the pretrial conference in compliance with
Attorney(s) for
Rule 8-3.
B.
Briefs in support of pretrial motions shall be served and submitted as follows:
(1)
Any moving party who desires to submit a brief in support of the motion shall
Office and P.O. Address
serve the brief in support on opposing counsel at the time of filing and service
of the motion. Failure to serve a brief in support with the motion shall be
Telephone No.:
Facsimile No.:
E-Mail Address:
Mobile Tel. No.:
deemed as a waiver of the right to submit such brief.
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:
:
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:
If the nonmoving party desires to submit a brief in opposition to the motion,
JUDICIAL SUBPOENA
(2)
Plaintiff(s)
such brief shall be served on opposing:counsel at or prior to the hearing on the
-againstmotion. Unless the nonmoving party moves for continuance of the hearing with
:
supporting affidavit(s), failure to serve a brief in opposition at or prior to date
:
of hearing shall be deemed as a waiver of the right to submit such brief.
Defendant(s)
:
. . . . . . . . . . . . . . .(3). . . . Any reply. brief .in .support . . .the .motion shall be served within 5 days after the
..
. . . . . . . . . . . . . . . . . . . of . . . . . . .
date of hearing on the motion, if specifically requested by either party and only
if allowed by the court.
THE PEOPLE OF THE STATE OF NEW YORK
(4)
Pursuant to Uniform District Court Rule 5B, all briefs shall be submitted to the
TO
trial judge and shall not be filed with the court clerk. The preferences for
delivery set forth below for trial briefs shall apply here, except that initial
briefs in support and briefs in opposition need not be actually delivered to the
GREETINGS:
judge until the date of hearing on the motion.
WE COMMAND YOU, that all business and excuses being laid aside, you and each of you attend before
C.
motion,
,
the Honorable The parties are cautioned that the court, on its ownCourt may consider the pendency
at the
located at
County of
of a nonfrivolous pretrial motion as a sufficient ground for continuance of the pretrial
in room
, on the
day of
, 20
, at
o'clock in the
noon, and at any recessed
or adjourned date,conference until the motionas a witness in this action on the part of the
to testify and give evidence has been decided.
25.
PRETRIAL MOTIONS: Neither party desires to file any additional pretrial motions and
none shall to comply with this considered except upon showing of good cause.
Your failurebe hereafter filed orsubpoena is punishable as a contempt of court and will make you liable to
the party on whose behalf this All trial briefs issuedbe submitted in sufficient time that the damages sustained as a
26.
TRIAL BRIEFS: subpoena was shall for a maximum penalty of $50 and all same shall be
result of your failure to comply.
received by the Judge at least 10 days prior to trial. All briefs shall be submitted to the Judge,
Court in
Witness, with the
, Copies Justices of the
not filedHonorableclerk (see Uniform District Court Rule 5B). one of theshall be served on
County,
day of
, 20
opposing counsel.
27.
DELIVERY PREFERENCES: The court’s preferences for delivery are:
(1st)
(Attorney must sign above and type name below)
by electronic mail (as attachment of word processing file) to Internet address
— cassel08@nol.org (note that 08 following cassel are numeric while all
Attorney(s) for
others are alphabetic);
(2nd)
on 3.5" floppy diskette (prefer WordPerfect format) by personal delivery or
by mail to P.O. Box 105, Ainsworth, NE 69210-0105;
(3rd)
Office and P.O. Address
hard copy by personal delivery or by mail to P.O. Box 105, Ainsworth, NE
69210-0105.
28.
OBJECTIONS: The parties are allowed ten (10) days from the date of entry of this order
Telephone No.:
to them to file written objections to this order with Facsimileclerk. A hearing will be held on
the court No.:
15
E-Mail Address:
Mobile Tel. No.:
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:
:
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:
any objections as noticed for hearing in compliance with Rule 8-3. Any objection not noticed
JUDICIAL SUBPOENA
Plaintiff(s)
for hearing in compliance with Rule 8-3 may be denied without a hearing.
-against:
Signed in chambers at Ainsworth, Nebraska, on ^;
DEEMED ENTERED upon file stamp date by court clerk.
BY THE COURT:
:
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 _________.
[X] Note the decision on the trial docket as: [date of filing] Signed “Progression Order”
Defendant(s)
:
. . . . . .entered;.pretrial . . . . . . .scheduled.for.[date.from .order]. at . . . . . . order].. . . . .
. . . . . . . . conference . . . . . . . . . . . . . [time from . . .
Done on _____________, 20_______ by _________.
William B. Cassel
District Judge
THE PEOPLE OF THE STATE OF NEW YORK
Mailed to:
TO
GREETINGS:
WE COMMAND YOU, that all business and excuses being laid aside, you and each of you attend before
,
the Honorable
at the
Court
located at
County of
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
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
result of your failure to comply.
Witness, Honorable
Court in
County,
, one of the Justices of the
day of
, 20
(Attorney must sign above and type name below)
Attorney(s) for
Office and P.O. Address
16
Telephone No.:
Facsimile No.:
E-Mail Address:
Mobile Tel. No.:
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