§ 25-1149 — Issues; order in which tried; time of hearing

Nebraska § 25-1149

• Jurisdiction: Nebraska
• Ch. 25: Courts; Civil Procedure

Text

The trial of an issue of fact and the assessment of damages in any case shall be in the order in which they are placed on the trial docket, unless by consent of parties or the order of the court they are continued, placed at the heel of the trial docket, or temporarily postponed. The time of hearing all other cases shall be in the order in which they are placed on the trial docket, unless the court shall otherwise direct. The court may in its discretion hear at any time a motion, may by rule prescribe the time for hearing motions, and may provide for dismissing actions without prejudice for want of prosecution.

Legislative History

Source: R.S.1867, Code § 324, p. 448; Laws 1887, c. 94, § 2, p. 648; Laws 1899, c. 83, § 2, p. 339; R.S.1913, § 7890; C.S.1922, § 8832; C.S.1929, § 20-1149; R.S.1943, § 25-1149; Laws 2018, LB193, § 16. Annotations: The district court abused its discretion in dismissing, without explanation, an inmate’s complaint for lack of prosecution when the court identified two ways of avoiding dismissal and the inmate timely performed one of the specified actions. Jones v. Jones, 284 Neb. 361, 821 N.W.2d 211 (2012). A district court has discretionary power to dismiss a case without prejudice for want of prosecution. Such a dismissal is also within the inherent power of the court. Talkington v. Womens Servs., P.C., 256 Neb. 2, 588 N.W.2d 790 (1999). Even where statute of limitations would bar filing of a new action, district court may dismiss a case for want of prosecution where facts indicate unreasonable delay with no justifiable excuse. Schaeffer v. Hunter, 200 Neb. 221, 263 N.W.2d 102 (1978). A court may under court rule dismiss cases for lack of progress after a specified time interval. Fanning v. Richards, 193 Neb. 431, 227 N.W.2d 595 (1975). Court has power to dismiss for want of prosecution. Brown v. Lincoln, 157 Neb. 840, 61 N.W.2d 836 (1954). Causes are to be tried in the district court in the order in which they are entered upon the trial docket, unless court otherwise directs. Osgood v. Grant, 44 Neb. 350, 62 N.W. 894 (1895).