Rule 4-10. Case Progression

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Rule 4-10. Case Progression

   A. Case Progression Standards. Progress of all cases shall comply with the Case Progression Standards established by Neb. Ct. R. § 6-101. To facilitate compliance, a Proposed Scheduling Order (PSO) shall be submitted to the District Court Administrator in all non-criminal cases within four (4) months after the filing of the case. The PSO shall be submitted by agreement of the parties. However, if the parties cannot agree, any party to the pending action may submit a PSO and set the matter for hearing before the Court assigned to the case. If a PSO is not submitted within four (4) months, the District Court Administrator shall give notice by mail or email to each party that, within thirty (30) days from the date of the notice, the matter will be dismissed unless a PSO is submitted to the District Court Administrator.

   B. Case Progression Filing Procedures. The District Court Administrator shall provide the PSO 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 pursuant to this rule, any party may request that the case be reinstated, but only upon (1) filing a motion to reinstate the case and (2) the contemporaneous submission of a signed PSO to the Court assigned to the case. The Court assigned to the case may, in its discretion, reinstate the case.

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

   E. Special Settings. Upon request of either party, the Court assigned to the case 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; amended June 1, 2017.