23-946.01. Stay of court proceedings pending determination of issues by commission

A. If upon the trial provided for in section 23-946, it appears that all issues arising in the action have not theretofore been presented to the commission in the petition for a hearing as to the reasonableness and lawfulness of the order, or that the commission has not had ample opportunity to hear and determine the issues raised in the action, or has not in fact heard and determined the issues raised, the court shall before rendering judgment, unless the parties stipulate to the contrary, transmit to the commission a full statement of such issues not adequately considered, shall stay further proceedings in the action for fifteen days from the date of the transmission and may thereafter grant such further stay as is necessary.

B. Upon receipt of the statement from the court as provided in subsection A, the commission shall consider the issues not theretofore considered, and may alter, modify, amend or rescind its order complained of, and shall, within ten days from the receipt of the statement, report its order thereon to the court. The court shall thereupon order the pleading to be amended to raise the issues resulting from the alteration, modification, amendment or rescission of the commission's order, and thereafter proceed as in other civil actions.

23-946.01. Stay of court proceedings pending determination of issues by commission

A. If upon the trial provided for in section 23-946, it appears that all issues arising in the action have not theretofore been presented to the commission in the petition for a hearing as to the reasonableness and lawfulness of the order, or that the commission has not had ample opportunity to hear and determine the issues raised in the action, or has not in fact heard and determined the issues raised, the court shall before rendering judgment, unless the parties stipulate to the contrary, transmit to the commission a full statement of such issues not adequately considered, shall stay further proceedings in the action for fifteen days from the date of the transmission and may thereafter grant such further stay as is necessary.

B. Upon receipt of the statement from the court as provided in subsection A, the commission shall consider the issues not theretofore considered, and may alter, modify, amend or rescind its order complained of, and shall, within ten days from the receipt of the statement, report its order thereon to the court. The court shall thereupon order the pleading to be amended to raise the issues resulting from the alteration, modification, amendment or rescission of the commission's order, and thereafter proceed as in other civil actions.