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Rule 4-10. Case Progression

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   A. Case Progression Standards. Progress of all cases shall comply with the Case Progression Standards established by the Nebraska Supreme Court. In all civil cases, the District Court Administrator shall give notice by mail to each party that, within thirty (30) days from the date of the notice, a Proposed Scheduling Order must be submitted to the Court Administrator’s Office. If a Proposed Scheduling Order has not been filed within the prescribed time, the case shall be dismissed by the presiding judge.

   B. Case Progression Filing Procedures. The District Court Administrator shall provide the Proposed Scheduling Order forms in the Court Administrator’s Office and at the District Court’s website, www.dc4dc.com. In each domestic relations case, the parties shall be responsible to report to the Conciliation and Mediation Services Office for compliance with Rule 4-3, if applicable, or the case is subject to dismissal.

   C. Case Progression Dismissals. When a case has been dismissed for lack of prosecution pursuant to this rule, the parties may request that the case be reinstated, but only upon (1) the showing of good cause why the case should be reinstated; (2) the contemporaneous submission of a Proposed Scheduling Order; and (3) the filing of a Signed Scheduling Order. The judge to whom the case is assigned may, in the judge’s discretion, reinstate the case.

   D. Judicial Review of Proposed Scheduling Order. After the submission of the Proposed Scheduling Order to the District Court Administrator and review of the Proposed Scheduling Order by the judge to whom the case is assigned, the judge may approve the Proposed Scheduling Order as agreed upon by the parties, or, upon notice to the parties, may schedule the case for a pre-trial/scheduling conference. Nothing contained in this Rule shall preclude the judge to whom the case is assigned from setting a scheduling conference at any time and entering a scheduling order thereafter.

   E. Special Settings. Upon request of either party, the judge to whom the case is assigned shall determine whether the case shall be specially set for trial.

Adopted effective December 29, 1995; amended effective June 25, 1999; amended effective January 18, 2007; amended effective September 9, 2010.

This page was last modified on Thursday, November 8, 2012