§ 6-301. Promulgating order.

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§ 6-301. Promulgating order.

   Pursuant to the provisions of Neb. Rev. Stat. § 25-1273.01, the Supreme Court does hereby promulgate the following discovery rules in civil cases, effective as of January 1, 1983.

   These rules shall, as written, apply in the district courts, and in all other courts of Nebraska to the extent not inconsistent with other statutes. Rules 26 and 37 are applicable to county courts as to actions pending in those courts on theeffective date of these rules.



   These discovery rules follow the structure of the current discovery portion of the Federal Rules of Civil Procedure, but the content of the Nebraska rules is not always that of the federal rules. The federal rules were used for the structure because they are well known, being used in federal court and in many state courts, and because Nebraska originally followed the federal pattern when discovery was adopted in Nebraska in 1951. The committee considered the text of current Nebraska statutes, the current federal rules, recently proposed federal rules, and certain rules used in other states, and recommended the language that appears best for Nebraska practice. The federal rule numbers were retained for ease of comparison with the law of other jurisdictions.


   (The preceding comment and comments following each rule were adopted from the comments of the Supreme Court Committee on Practice and Procedure submitted to the Supreme Court in October 1981.)