State Codes and Statutes

Statutes > Nebraska > Chapter25 > 25-2211

25-2211. Clerk of district court; trial docket; how kept.The trial docket shall be made out by the clerk of the court at least twelve days before the first day of each term of the court; and the actions shall be set for particular days in the order in which the issues were made up, whether of law or of fact, and so arranged that the cases set for each day shall be tried as nearly as may be on that day. For the purpose of arranging the docket, an issue shall be considered as made up when either party is in default of a pleading. If the defendant fails to answer, the cause for the purpose of this section shall be deemed to be at issue upon questions of fact, but in every such case the plaintiff may move for and take such judgment as he or she is entitled to, on the defendant's default, on or after the day on which the action is set for trial. No witnesses shall be subpoenaed in any case while the cause stands upon issue of law. Whenever the court regards the answer in any case as frivolous, and put in for delay only, no leave to answer or reply shall be given, unless upon payment of all costs then accrued in the action. When the number of actions to be docketed exceeds three hundred, the judge or judges of the district court for the county may, by rule or order, classify them in such manner as they may deem expedient and cause them to be placed according to such classifications upon different dockets; and the respective dockets may be proceeded with and causes thereon tried, heard, or otherwise disposed of, concurrently by one or more of the judges. Provision may be made by rule of court that issues of fact shall not be for trial at any term when the number of pending actions exceeds three hundred, except upon such previous notice of trial as may be prescribed thereby. SourceR.S.1867, Code § 323, p. 448; Laws 1887, c. 94, § 1, p. 647; Laws 1899, c. 83, § 1, p. 338; R.S.1913, § 8559; C.S.1922, § 9510; C.S.1929, § 20-2211; R.S.1943, § 25-2211; Laws 1951, c. 74, § 2(1), p. 230; Laws 2002, LB 876, § 54. AnnotationsDemurrer ore tenus is recognized as permissible practice. Dickinson v. Lawson, 125 Neb. 646, 251 N.W. 656 (1933).Assignment of cases for trial at beginning of term is only provisional, and may be advanced by continuance of preceding cases. Poggensee v. Feddern, 75 Neb. 584, 106 N.W. 654 (1906).It is not essential to trial that case appear on docket. Shelby v. St. James Orphan Asylum, 66 Neb. 40, 92 N.W. 155 (1902).County judge must make docket of term cases on first day of term. Bond v. Wycoff, 42 Neb. 214, 60 N.W. 564 (1894).