State Court Stipulation and [Proposed] Order (General Civil) - Nebraska

JOINT STIPULATION AND REQUEST FOR ENTRY OF [PROPOSED] ORDER

(Nebraska District Court — General Civil Matter)

1. FILING CHECKS

☐ Identify every current order and deadline affected by the requested relief

☐ Confirm whether each deadline is rule-based, statutory, or established by court order

☐ If a rule-based deadline already expired, include facts supporting excusable neglect under § 6-1106(b)(1)(B)

☐ Do not rely on § 6-1106(b) to extend a statutory period unless the governing statute permits it

☐ Compare the request with the assigned progression order, standing orders, and applicable judicial-district rules

☐ Confirm all appearing parties agree; identify any nonjoining or defaulted party and obtain Nebraska counsel's advice on notice

☐ Confirm the correct filing event, proposed-order format, and any chambers delivery requirement

☐ Remove all drafting notes, unused choices, and bracketed alternatives before filing

2. CAPTION

IN THE DISTRICT COURT OF [________________] COUNTY, NEBRASKA

Case No.: [________________]

Assigned Judge: [________________]

3. JOINT STIPULATION AND REQUEST

Plaintiff [NAME] and Defendant [NAME], through their undersigned counsel (collectively, the “Parties”), stipulate to the facts and terms below and jointly request that the Court enter the proposed order in Section 7.

3.1 Background

1. The Court entered [identify progression order or other relevant order] on [date].

2. The current relevant deadlines or requirements are:

3. The case is presently at this stage: [brief procedural status].

4. The circumstances giving rise to this request are: [specific facts, dates, diligence, and why the requested relief is needed].

3.2 Requested Terms

The Parties stipulate and jointly request that the Court order:

1. [requested term].

2. [requested term].

3. [requested term].

4. [additional term, or delete].

3.3 Authority and Required Showing

Option A — Rule-based time before expiration. The requested extension concerns time prescribed by [identify Nebraska court rule]. The request is made before the current period expires. Good cause exists under Neb. Ct. R. Pldg. § 6-1106(b)(1)(A) because [case-specific facts].

Option B — Rule-based time after expiration. Retitle this filing as a joint motion if necessary to make clear that relief is requested by motion. The requested extension concerns time prescribed by [identify Nebraska court rule]. The period expired on [date]. The Parties move under Neb. Ct. R. Pldg. § 6-1106(b)(1)(B), and the failure to act resulted from excusable neglect because [case-specific facts showing why the failure resulted from excusable neglect].

Option C — Discovery sequence. The requested agreement changes the sequence of discovery for the Parties' or witnesses' convenience and in the interests of justice under Neb. Ct. R. Disc. § 6-326(a)(2) as follows: [explain]. The change [does / does not] require modification of an existing court-ordered deadline.

Option D — Expert disclosures. The requested expert-disclosure schedule concerns disclosures governed by Neb. Ct. R. Disc. § 6-326(c)(1)-(2). The Parties request the following times and sequence: [identify each disclosure and date]. The request [does / does not] modify the progression order entered on [date].

Option E — Other authority. The requested relief is authorized by [current statute, statewide rule, local rule, or order] because [explain the rule and case-specific showing].

3.4 Effect on Other Dates

The requested relief [will / will not] affect the current trial date of [date]. It [will / will not] affect other deadlines not listed above. If it will, identify each affected deadline and proposed treatment: [________________].

3.5 Existing Orders Remain Operative

The Parties do not treat this Stipulation as modifying any existing order. Unless and until the Court enters an order granting the requested relief, the Parties will continue to calendar and comply with the existing progression order and all other operative deadlines. Except as expressly modified by an entered order, the order dated [date] and all other existing orders remain unchanged.

3.6 Reservation

Except for the matters expressly stated in this Stipulation, no Party waives any claim, defense, objection, privilege, or right.

3.7 Request

The Parties respectfully request that the Court enter the proposed order below or such other order as the Court deems appropriate.

4. SIGNATURES

DATED: [__/__/____]

Counsel for Plaintiff

[LAW FIRM NAME]

By: ____________________________________

[ATTORNEY NAME], Neb. Bar No. [________]

[ADDRESS]

[CITY, STATE ZIP]

[TELEPHONE] | [EMAIL]

Attorney for [PLAINTIFF]

Counsel for Defendant

[LAW FIRM NAME]

By: ____________________________________

[ATTORNEY NAME], Neb. Bar No. [________]

[ADDRESS]

[CITY, STATE ZIP]

[TELEPHONE] | [EMAIL]

Attorney for [DEFENDANT]

Additional Joining Party, if any

[LAW FIRM OR PARTY NAME]

By: ____________________________________

[ATTORNEY OR SELF-REPRESENTED PARTY NAME], [Neb. Bar No., if applicable]

[CONTACT INFORMATION]

[Attorney for / Self-represented] [PARTY]

5. SERVICE AND CERTIFICATE CHECK

Neb. Ct. R. Pldg. § 6-1105 governs service and certificates. For an electronically filed document, Neb. Ct. R. § 2-205 generally requires electronic service by Nebraska attorneys and other authorized non-attorney users and requires use of the system-generated certificate rather than a separately attached certificate. If that system-generated certificate would be inaccurate, misleading, or incomplete, § 2-205(C) requires a supplemental certificate.

☐ Electronically filed and fully served through the court-authorized provider. Rely on the system-generated certificate; do not attach the optional certificate below.

☐ System-generated certificate is incomplete or inaccurate. Attach a supplemental certificate that explains or supplies only the missing information.

☐ A person must be served by another permitted method. Confirm the method under § 6-1105(b)(3) and use the optional certificate below as appropriate.

6. OPTIONAL SUPPLEMENTAL / NON-ELECTRONIC CERTIFICATE OF SERVICE

I certify that on [date], I served the foregoing Joint Stipulation and Request for Entry of [Proposed] Order on the following person(s) by the method(s) stated:

____________________________________

[NAME], Neb. Bar No. [________, if applicable]

7. [PROPOSED] ORDER

IN THE DISTRICT COURT OF [________________] COUNTY, NEBRASKA

Case No.: [________________]

ORDER ON JOINT STIPULATION

The Court has reviewed the Parties' Joint Stipulation and Request for Entry of [Proposed] Order. The Court finds [good cause / excusable neglect / other required finding] based on [brief finding, if required].

IT IS ORDERED:

1. The Parties' request is [GRANTED / GRANTED IN PART / DENIED].

2. [ordered term].

3. [ordered term].

4. [ordered term].

5. Except as expressly modified by this Order, the Court's [progression or other order] entered on [date] remains in effect.

DATED: ______________________________

BY THE COURT:

____________________________________

District Court Judge

8. FINAL REVIEW

☐ Every requested date matches in the stipulation, proposed order, and any attachment

☐ Every cited rule or statute actually governs the requested relief and is current

☐ Any post-expiration rule-based request includes an excusable-neglect showing

☐ No statutory period is treated as extendable under § 6-1106(b) without statute-specific authority

☐ The request addresses all downstream dates affected by the change

☐ The current progression order, local judicial-district rules, and assigned judge's practices were checked

☐ The certificate method matches the actual filing and service record under §§ 6-1105 and 2-205

☐ Drafting notes, unused options, and bracketed alternatives were removed