§ 25-1156 Trial; how conducted

Codes > Nebraska Revised Statutes > Chapter 25 > Article 11 : (i) Summary > 25-1156 Trial;

25-1156. Trial; how conducted

    Summary jury trials shall be conducted in the same manner as any other trial by jury under Chapter 25, article 11, with the following exceptions:

    (1) A six-person jury shall be selected from persons whose names appear on the jury list and who qualify as jurors. Examination of the prospective jurors shall be conducted by the judge who shall select the jury subject to each party's right to challenge two jurors;

    (2) Each party shall have an equal amount of time to present his or her case as shall be agreed upon by the parties and the judge;

    (3) The judge need not preside during the presentation of the case but may give the jury written or oral instructions on the applicable law following the presentation;

    (4) The parties shall not present evidence but may present representations or summaries of evidence which would be adduced and admissible at trial. At least ten days prior to trial the parties shall exchange the representations or summaries of evidence which will be presented to the jury. All objections to the evidence shall be made prior to the summary jury trial and shall not be allowed during the trial;

    (5) The parties shall attend the summary jury trial. The president, chief executive officer, or any other representative with authority to enter into a binding agreement or make a binding settlement offer from each corporation or association which is a party shall attend; and

    (6) The jury may return either a consensus verdict or a special verdict consisting of an anonymous statement of each juror's findings which includes (a) the parties' respective liability, (b) the value of damages, and (c) a general verdict.