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§ 25-1147.Actions; when triable.

Article 11: Trial · Not amended since original codification · Last verified July 22, 2026

In one sentenceThis section says a case becomes ready for trial at the court term when the pleadings should have closed the issues, and directs the clerk to place it on the trial docket for that term.

Full Text of § 25-1147

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Actions shall be triable at the first term of the court after the issues therein, by the times fixed for pleading, are or should have been made up; and when by the times fixed for pleading, the issues are or should have been made up during a term, such action shall be triable at that term. When the issues are or should have been made up, either before or during a term of court, but after the period for preparing the trial docket of such term, the clerk shall place such actions on the trial docket of that term.

Source

G.S.1873, c. 57, § 9, p. 713; R.S.1913, § 7888; C.S.1922, § 8830; C.S.1929, § 20-1147; R.S.1943, § 25-1147.

Plain-English Summary

Section 25-1147 ties trial readiness to the pleading schedule rather than to any separate request from the parties. An action is triable at the first term of court after the issues in it, based on the deadlines fixed for pleading, are or should have been made up. If those pleading deadlines fall during a term rather than before it, the action becomes triable at that same term rather than waiting for the next one.

The section also covers a timing wrinkle: what happens when the issues close, or should have closed, after the court has already finished preparing that term’s trial docket. In that situation, the clerk still places the action on the trial docket for the term, rather than pushing it automatically to the following term.

Frequently Asked Questions

When does a case become ready for trial in Nebraska?

At the first term of court after the issues in the case are, or should have been, made up based on the deadlines fixed for pleading.

What if the pleading deadlines fall during a term rather than before it starts?

The action is triable at that same term, not delayed to the next one.

What happens if the issues close after the trial docket for the term has already been prepared?

The clerk still places the action on the trial docket for that term.

Does a party have to request that a case be set for trial?

Section 25-1147 ties trial readiness to when the pleadings should have closed the issues, rather than describing a separate request process.

How does this section relate to § 25-1149?

This section determines when a case becomes triable and gets docketed; § 25-1149 addresses the order in which docketed cases are tried.

Source & verification. Section text and the amendment-history citation are reproduced verbatim from the Nebraska Legislature, Revisor of Statutes, enacted by the Nebraska Legislature. Last verified July 22, 2026. · Official source
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