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Rule 3. Pretrial Conferences

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   3.1  Within fifteen (15) days of the filing of a petition, the county attorney shall make available to opposing counsel and to any and all guardians ad litem, all documents in the county attorney’s possession which support the filing of such petition. In turn, all counsel have a corresponding obligation to take proper steps to request and obtain such documents from the county attorney’s office. The county attorney shall timely supplement, as additional documents become available.

   3.2  Within twenty-one (21) days of the detention hearing or arraignment, whichever comes first, of a Neb. Rev. Stat. § 43-247(3)(a), (3)(b), or (3)(c) case, the court shall hold a pretrial conference.

   3.3  Within twenty-one (21) days of the filing of a petition of a Neb. Rev. Stat. § 43-247(1), (2), or (4) case, the court shall hold an arraignment/pretrial conference. See also Rule 11.1 below.

   3.4 At least one (1) day prior to the pretrial conference, all counsel, including parties appearing pro se, shall sign and file a proposed pretrial schedule with the court, delivering a copy of the same to the bailiff, indicating whether the matter is contested or can be disposed of by a plea agreement. 

   3.5  The responsibility for timely filing a proposed pretrial schedule with the court falls equally upon all counsel of record and upon every party of record appearing pro se.

   3.6  If the matter can be disposed of by plea agreement, then the parties shall indicate in their proposed pretrial schedule the parameters of the proposed plea agreement.

   3.7  If the matter is contested, the parties will advise the court as to the following:

   a. The number of witnesses anticipated to be called by each party;

   b. The amount of time needed for presentation of each party’s case;

   c. Whether agreement has been reached by the parties regarding deadlines for conducting discovery; the filing of pretrial motions; the exchange of witness lists; and the identification of exhibits, indicating the proposed deadline for each;

   d. Identification of issues not in controversy, as well as controverted issues;

   e. Stipulations regarding the advisability/necessity of certain evaluations to be performed prior to trial, and identifying with respect to each: the nature of each evaluation; the person(s) upon whom it is to be performed; what arrangements have been made or need to be made in order to obtain such evaluation; and the amount of time needed to complete the evaluation and for the parties to obtain the written report of the same;

   f. Stipulations regarding foundation or other matters relating to the admissibility of documentary evidence;

   g. Whether in-chambers testimony will be requested and any objections thereto;

   h. Whether an interpreter of any nature will be required;

   i. Whether audiovisual, computer, or other assistive technological equipment of any nature is required;

   j. Whether there are any special health needs of counsel, parties, or witnesses requiring accommodation by the court;

   k. Whether the parties are in such substantial disagreement regarding material pretrial matters that they believe a formal pretrial hearing is necessary.

   3.8  Upon receipt of the proposed pretrial schedule, the court may approve, modify, or overrule it.

This page was last modified on Tuesday, October 14, 2014