The trial docket shall be available for the court on the first day of each month setting forth each case pending in the order of filing of the complaint to be called for trial. For the purpose of arranging the trial docket, an issue shall be considered as made up when either party is in default of a pleading. If the defendant fails to answer, the cause for the purpose of this section shall be deemed to be at issue upon questions of fact, but in every such case the plaintiff may move for and take such judgment as he or she is entitled to, on the defendant's default, on or after the day on which the action is set for trial. No witnesses shall be subpoenaed in any case while the cause stands upon issue of law. Whenever the court regards the answer in any case as frivolous and put in for delay only, no leave to answer or reply shall be given unless upon payment of all costs then accrued in the action. When the number of actions filed exceeds three hundred, the judge or judges of the district court for the county may, by rule or order, classify them in such manner as they may deem expedient and cause them to be placed according to such classifications upon different trial dockets and the respective trial dockets may be proceeded with and causes thereon tried, heard, or otherwise disposed of, concurrently by one or more of the judges. Provision may be made by rule of court that issues of fact shall not be for trial at any term when the number of pending actions exceeds three hundred, except upon such previous notice of trial as may be prescribed thereby.
§ 25-2211.Trial docket.
Article 22: Process, Court Records, and Ministerial Officers · Last amended 2018 · Last verified July 22, 2026
In one sentenceThis section governs the district court’s monthly trial docket — when a case counts as “at issue,” what happens on a defendant’s default, limits on subpoenas and frivolous answers, and how heavy caseloads over three hundred pending actions can be split among judges or postponed for trial.
Full Text of § 25-2211
Source
R.S.1867, Code § 323, p. 448; Laws 1887, c. 94, § 1, p. 647; Laws 1899, c. 83, § 1, p. 338; R.S.1913, § 8559; C.S.1922, § 9510; C.S.1929, § 20-2211; R.S.1943, § 25-2211; Laws 1951, c. 74, § 2(1), p. 230; Laws 2002, LB 876, § 54; Laws 2018, LB193, § 39.
Plain-English Summary
Section 25-2211 sets up the trial docket, available on the first day of each month, listing each pending case in the order its complaint was filed, to be called for trial. A case counts as “at issue” for docket purposes as soon as either party defaults on a pleading — meaning the deadline to plead has passed without one being filed.
A defendant’s failure to answer gets specific treatment. The case is deemed at issue on the facts even without an answer, but that does not shortcut the process entirely: the plaintiff may move for and take the judgment the default entitles them to, on or after the day the case is set for trial. While a case stands on a pure question of law, no witnesses may be subpoenaed. And if the court views an answer as frivolous and filed only to cause delay, it will not permit further pleading — an amended answer or a reply — unless the party pays all costs accrued in the action to that point.
The section also addresses volume. Once the number of filed actions in a county exceeds three hundred, the district judge or judges may classify cases by rule or order, place them on separate trial dockets, and try, hear, or otherwise dispose of those dockets concurrently among more than one judge. And by rule of court, issues of fact can be held off any given term when the number of pending actions exceeds three hundred, except on whatever advance notice of trial the rule prescribes.
Frequently Asked Questions
What is the “trial docket”?
A list, available on the first day of each month, of each pending case set out in the order its complaint was filed, ready to be called for trial.
When is a case considered “at issue” for docket purposes?
When either party defaults on a pleading — that is, fails to file it by the applicable deadline.
What happens if a defendant never files an answer?
The case is deemed at issue on the facts, and the plaintiff may move for and take the judgment the default entitles them to, on or after the day set for trial.
Can witnesses be subpoenaed while a case turns on a pure question of law?
No. Section 25-2211 bars subpoenaing witnesses while a cause stands upon an issue of law.
What happens if the court thinks an answer is frivolous and filed only to stall the case?
No leave to answer or reply again will be given unless the party pays all costs accrued in the action to that point.
How does a district court manage its docket when caseloads get heavy?
Once filed actions exceed three hundred, the judges may classify cases onto separate trial dockets and dispose of them concurrently, and by rule may postpone trying issues of fact except on prescribed notice.
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: nebraska trial docket rulescase at issue default nebraskadefault judgment trial docket motionfrivolous answer costs nebraskasplitting trial docket multiple judgesheavy caseload trial docket classification