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.
§ 25-1149.Issues; order in which tried; time of hearing.
Article 11: Trial · Last amended 2018 · Last verified July 22, 2026
In one sentenceThis section sets the trial docket order as the default sequence for trying cases and hearing motions, while letting the parties or the court adjust that order and letting the court manage its own motion calendar and dismiss stale cases for want of prosecution.
Full Text of § 25-1149
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.
Plain-English Summary
Once a case lands on the trial docket, § 25-1149 governs the sequence in which it gets heard. The trial of an issue of fact, and the assessment of damages, follows the order in which cases appear on the docket — unless the parties agree, or the court orders, that a case be continued, moved to the back of the docket, or postponed for the time being. Other matters follow the same docket-order default unless the court directs otherwise.
The section then gives the court room to manage its own calendar beyond that default sequence. A judge may hear a motion at any time regardless of docket order, may adopt a rule setting when motions get heard generally, and may provide for dismissing actions without prejudice when a party has failed to prosecute the case.
Frequently Asked Questions
In what order does a Nebraska court try cases on its docket?
In the order they appear on the trial docket, unless the parties consent or the court orders a case continued, moved to the end of the docket, or postponed.
Can the court hear a motion out of turn?
Yes. The court may, in its discretion, hear a motion at any time, and may adopt a rule setting when motions are generally heard.
What happens to a case that sits without any activity from the parties?
The court may dismiss it without prejudice for want of prosecution.
Does agreeing to move my case to the back of the docket forfeit my claim?
No. The statute allows a case to be continued, placed at the heel of the docket, or postponed by consent or court order without describing that as a forfeiture of the claim itself.
How does this section relate to § 25-1147?
Section 25-1147 determines when a case becomes triable and gets placed on the docket; this section governs the order in which docketed cases are heard.
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
Also known as: trial docket order nebraskadismissal for want of prosecution nebraskaorder cases are tried in courtmotion hearing schedule nebraska