Nebraska Stipulation to Set Pretrial Conference

State:
Multi-State
Control #:
US-03358BG
Format:
Word; 
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Description

Pretrial statements or memoranda of counsel for the parties are frequently required either by the governing statute or rules of court, or by directive of the judge in the individual case, particularly in the absence of a preconference meeting. These statements may be joint or separate and are prepared prior to pretrial conference and presented to the pretrial judge. They should cover all of the matters that counsel may be able to agree on before the conference, and should be as complete and as detailed as the statute, rules, or order may direct.


In any action, the court may, in its discretion, direct the attorneys for the parties and any unrepresented parties to appear before it for a conference or conferences before trial for such purposes as: (1) expediting the disposition of the action; (2) establishing early and continuing control so that the case will not be protracted because of lack of management; (3) discouraging wasteful pretrial activities; (4) improving the quality of the trial through more thorough preparation; and (5) facilitating the settlement of the case.

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FAQ

The purpose of the pretrial is to assure that all parties are prepared to go on to trial, if necessary, and to discuss alternate means of settling the dispute at an early stage of the proceedings.

It is primarily a scheduling conference during which time the trial is scheduled. During the pre-trial conference, the court is advised as to the anticipated length of trial and the primary issues involving the court. The Court is also advised whether there are any pending motions or depositions to be completed.

It is a meeting between the presiding judge and attorneys to evaluate what is necessary to move the case to trial and establish dates for certain tasks to be completed. There are often several pretrial conferences to resolve issues as they proceed toward trial.

In felony cases only, a defendant has a right to a preliminary hearing in county court where the state presents evidence and a judge determines whether the evidence shows probable cause that the crime charged has been committed, and that the defendant committed the crime.

The Pre-Trial Conference Often a date is set for trial or a plea date may be set if a deal has been reached. In some cases, a defendant may enter a plea at a pre-trial conference. Whether it is held on or off the record, an order with the next court date should be available online after on the JUSTICE system.

Pretrial conference The judge or commissioner will lead a discussion about: Whether the parties can settle some parts or all of the case ? the case could be assigned to another judge for help with settlement.

In felony cases only, a defendant has a right to a preliminary hearing in county court where the state presents evidence and a judge determines whether the evidence shows probable cause that the crime charged has been committed, and that the defendant committed the crime.

If the judge finds that person is in contempt, the judge will sentence that person to a jail sentence; but will allow him/her a chance to be released from jail by following a purge plan. A purge plan gives the person an opportunity to come into compliance with the court order.

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Nebraska Stipulation to Set Pretrial Conference