If on motion under sections 25-1330 to 25-1336 judgment is not rendered upon the whole case or for all the relief asked and a trial is necessary, the court at the hearing of the motion, by examining the pleadings and the evidence before it and by interrogating counsel, shall if practicable ascertain what material facts exist without substantial controversy and what material facts are actually and in good faith controverted. It shall thereupon make an order specifying the facts that appear without substantial controversy, including the extent to which the amount of damages or other relief is not in controversy, and directing such further proceedings in the action as are just. Upon the trial of the action the facts so specified shall be deemed established, and the trial shall be conducted accordingly.
Neb. Rev. Stat. § 25-1333
Case not fully adjudicated on motion
Applied in 4 court decisions — leading case Newman v. Hinky Dinky Omaha-Lincoln, Inc. (1988)
Most recently applied in 18 Neb. Ct. App. 31 - Hurbenca v. NEBRASKA DEPARTMENT OF CORRECTIONAL SERVICES (September 2009)
Laws 1951, c. 65, § 4, p. 199.
How often courts cite this section
Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
Official source: Nebraska Legislature. Reproduced from public-domain Nebraska statutes; confirm against the official source for the current text. Not legal advice.