The Federal Rules of Civil Procedure, which have been adopted by most states in one form or another.
Rule 16 of the Federal Rules of Civil Procedure provides in part as follows:
(a) Purposes of a Pretrial Conference. In any action, the court may order the attorneys and any unrepresented parties to appear for one or more pretrial conferences for such purposes as:
(1) expediting disposition of the action;
(2) establishing early and continuing control so that the case will not be protracted because of lack of management;
(3) discouraging wasteful pretrial activities;
(4) improving the quality of the trial through more thorough preparation, and;
(5) facilitating settlement.
The Nebraska General Form of Pretrial Order is a crucial document used in legal proceedings to establish the framework of a trial and facilitate efficient case management. It contains a comprehensive set of guidelines that outline the procedures, deadlines, and expectations for both parties involved in a lawsuit. This form serves as a roadmap for the court, attorneys, and litigants to ensure a smooth and organized pretrial phase leading up to the trial itself. The Nebraska General Form of Pretrial Order covers various aspects of the trial, including but not limited to: 1. Case caption: This section provides the identifying information such as the names of the parties involved, case number, and court details. Ensuring accurate case captioning is crucial for easy reference throughout the proceedings. 2. Jurisdiction and venue: Establishes the court's authority to hear the case and determines the appropriate location for the trial. 3. Pleadings and motions: Outlines the deadlines for filing motions, responses, and replies, ensuring that all parties present relevant arguments within the specified timeframes. 4. Stipulations: Parties are required to list any undisputed facts or matters on which they have reached an agreement. Stipulations avoid unnecessary disputes during the trial and narrow down the issues in contention. 5. Witness and exhibit lists: Each party must provide a comprehensive list of witnesses they intend to call, along with the proposed exhibits to be presented. This enables the court and opposing counsel to adequately prepare for the trial. 6. Discovery: States the status of the discovery process, including any outstanding requests, and sets deadlines for completion or resolution of discovery disputes. 7. Expert witnesses: Parties must disclose their expert witnesses and provide a summary of their qualifications. This helps in evaluating the credibility and relevance of expert testimonies during the trial. 8. Pretrial motions and briefs: Determines the deadlines for filing pretrial motions, responses, and replies. This ensures that arguments and legal issues are thoroughly researched, discussed, and resolved before the trial commences. 9. Trial date: Designates a specific date for the trial and sets expectations regarding trial length, breaks, and other logistical matters. 10. Settlement discussions: Encourages parties to explore settlement options and provides instructions on how to proceed if a settlement is reached. While the Nebraska General Form of Pretrial Order serves as a comprehensive framework for most cases, there may be specific variations or supplemental forms for different types of cases. These variations are designed to address the specific needs and procedures related to particular areas of law, such as civil, criminal, family, or probate. It is essential for attorneys and litigants to consult and utilize the appropriate supplementary forms when dealing with cases falling under these specialized categories.
