(a) Matters to Be Completed Before Final Pretrial Conference.
(1) Exhibit List.
Unless the court orders otherwise, before the pretrial conference
documents and objects expected to be introduced as exhibits must
be physically numbered and inspected. Exhibits must be listed on
approved forms available from the clerk and on the court's website,
https://www.ned.uscourts.gov/forms "Exhibit List," or on forms
prepared in substantially the same format. Documents and objects
expected to be used solely for impeachment purposes that have not
been given to opposing parties need not be numbered or listed until
identified at trial. Except upon a showing of good cause, failure to list
an exhibit required by this rule to be listed results in its
nonadmissibility over an objection.
(A) Objections.
All objections to the admissibility of any listed exhibit must be
noted on the exhibit list. Objections not disclosed on the
exhibit list, other than objections under Federal Rules of
Evidence 402 and 403, are considered waived unless
excused by the court for good cause.
(B) Exception for Good Cause.
The judge holding the pretrial conference may, for good cause
shown, authorize the parties to defer listing exhibits or
objections until a later date specified by that judge.
(C) Effect of Listing.
Merely because a party lists an exhibit on an exhibit list does
not mean that an opposing party may offer it into evidence
without meeting all necessary evidentiary prerequisites.
(2) Proposed Final Pretrial Order.
Unless the court orders otherwise, a proposed "Order on Final
Pretrial Conference" that includes each matter listed below must be
Effective December 1, 2025 Nebraska Civil Rules
jointly prepared and presented to the judge at the pretrial conference.
An acceptable pretrial order form is available from the clerk or on the
court's website, https://www.ned.uscourts.gov/forms "Order on Final
Pretrial Conference."
(A) Exhibits.
A complete list of exhibits and objections prepared under
Nebraska Civil Rule 16.2(a)(1) must be attached to the
proposed order.
(B) Uncontroverted Facts.
The parties must jointly state any facts that may be accepted
as established at trial, in a form that may be read to the jury.
(C) Controverted and Unresolved Issues.
The parties must jointly list all remaining legal issues to be
determined, setting out in detail each element of the genuinely
controverted unresolved claim or defense (including issues on
the merits and issues of jurisdiction, venue, joinder, validity of
appointment of a representative of a party, class action,
substitution of parties, attorney's fees and applicable law
under which fees are claimed, and prejudgment interest). The
following must be specified: (i) any claimed special damages
or permanent injuries; (ii) any elements of negligence and
contributory negligence; and (iii) any other unresolved matters
requiring the court's attention, for example, possible
consolidation for trial, bifurcated trials on specified issues, and
pending motions.
(D) Witnesses.
Each party must separately list all witnesses, including
rebuttal witnesses, whom that party expects to call to testify,
except witnesses who may be called for impeachment
purposes as defined in Nebraska Civil Rule 16.2(c). The list
must (1) include the city and state where each witness resides
and (2) identify witnesses whom the party expects to be
present and whom the party may call. Except upon a showing
of good cause, a witness whose name and city of residence
does not appear on the list will not be permitted to testify over
objection for any purpose except impeachment. The witness
list must identify each witness whose only testimony is
Effective December 1, 2025 Nebraska Civil Rules
intended to establish foundation for an exhibit for which
foundation has not been waived, and unless the witness was
disclosed under Federal Rule of Civil Procedure 26(a)(3), over
objection the witness may not testify for any other purpose. A
witness appearing on any party's witness list may be called by
any other party.
(E) Expert Witness Qualifications.
The parties must separately list persons whom they expect to
call as expert witnesses and (i) state each witness's
qualifications or (ii) attach the witness's curriculum vitae.
(F) Voir Dire.
In cases to be tried to a jury, parties must state any requests
regarding the conduct of juror examination. See Fed. R. Civ.
P. 47(a); NECivR 47.2(a).
(G) Number of Jurors.
In cases to be tried to a jury, parties must state a preference
regarding the number of jurors. See Fed. R. Civ. P. 48;
NECivR 48.1.
(H) Verdict.
In cases to be tried to a jury, the parties must state whether
they will stipulate to a less-than-unanimous verdict.
(I) Briefs, Instructions, and Proposed Findings.
Parties must state any requests regarding: deadlines for filing
trial briefs, see NECivR 39.2(a); proposed jury instructions,
see NECivR 51.1(a); or proposed findings of fact, see NECivR
52.1.
(J) Length of Trial.
Parties must estimate the length of trial (in days) and state
both the minimum and maximum number of trial days that the
court should reserve.
(K) Trial Date.
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Parties must state any special requests regarding the setting
of a trial date.
(b) Representation Required.
Unless otherwise approved in advance by the judge conducting the
conference, each party for whom an attorney has filed an appearance must
be represented at the conference by the lead trial attorney who has
adequate information and authority to responsibly and effectively participate
in every aspect of the conference. All attorneys attending the final pretrial
conference must be identified in the final pretrial order and may be required
to sign the order approving its form at the conference.
(c) "Impeachment Purposes" Defined.
With regard to this rule, "impeachment purposes" means only to attack or
support (1) a witness's credibility or (2) the validity of or the weight to be
given to the contents of a document or object used solely to attack or
support a witness's credibility. It does not include evidence that merely
contradicts other evidence.
