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The progression order may include the mandatory exchange of information, discovery deadlines, provision for disclosure of expert witnesses, the date of the pretrial conference, the trial term at which the case will be tried or the trial date, together with such other provisions as the court may deem appropriate.
Under this section, an order is final for purposes of appeal if it affects a substantial right and (1) determines the action and prevents a judgment, (2) is made during a special proceeding, or (3) is made on summary application in an action after judgment is rendered. State v. McColery, 297 Neb. 53, 898 N.W.
Judgment becomes dormant when no execution is issued before expiration of five years.
An action may be dismissed without prejudice to a future action (1) by the plaintiff, before the final submission of the case to the jury, or to the court where the trial is by the court; (2) by the court where the plaintiff fails to appear at the trial; (3) by the court for want of necessary parties; (4) by the court ...
Reasons for dismissal without prejudice The parties came to an agreement and the plaintiff wants to end the case. The person the plaintiff sued paid you the money he or she owed you. The plaintiff cannot locate the defendant to serve him or her, but wants to reserve the right to sue at a later date.
A dismissal with prejudice means that the ruling is the final judgment in the case. The dismissal prohibits the prosecutor from refiling the charges. In a dismissal without prejudice, the prosecutor can refile the charges (or file new charges based on the same circumstances) at some future time.
When a court dismisses an action, they can either do so ?with prejudice? or ?without prejudice.? Dismissal with prejudice means that the plaintiff cannot refile the same claim again in that court.
Summary judgment is to be granted only when the pleadings, depositions, admissions, stipulations, and affidavits disclose that there is no genuine issue as to any material fact or as to the ultimate inferences that may be drawn from these facts and that the moving party is entitled to judgment as a matter of law.