Summary Judgments in Nebraska

In 1951, the Nebraska Legislature enacted a summary judgment procedure for the state, patterned after Rule 56 of the Federal Rules of Civil Procedure. This article examines the grounds for application of the procedure, discusses its relationship with the other pre-trial motions presently available, and analyzes the relative success of summary judgment as a pre-trial procedure in Nebraska in the thirteen years since its inception. I. Introduction II. Grounds for Summary Judgment III. How the Court Decides Whether There Is an Issue … A. The Movant’s Position … B. Opposing Party’s Position … C. The Court’s Position … D. The Partial Summary Judgment IV. Appeal V. Other Pre-Trial Procedures Available, and Their Relation to Summary Judgment … A. Motion to Dismiss … B. The Code Demurer … C. Motion for Judgment on the Pleadings … D. The Federal System Procedures and Their Relation to Nebraska … E. Possible Solutions to the Nebraska Dilemma VI. Conclusion Appendi