Monthly Archives: April 2009

Preventing and Suppressing Gang Crimes through Comprehensive Anti-Gang Legislation: A Solution to Nebraska’s Gang Problem

[EDITOR’S NOTE: From time to time, the Bulletin will publish “white papers.”  These papers come from a number of student sources; they could be seminar papers, class papers, or case notes that have not yet been selected for publication.  The Bulletin‘s goal in publishing these materials is to provide practitioners with the background research that was done for the paper.  In other words, we hope to create a depository of research that was done for different purposes.  We hope that readers of the Bulletin will find these papers useful and interesting.

These papers have not undergone any substantial editing by the staff prior to publication.

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There’s No Escape: The Plaintiff’s Right to Dismiss After the Submission of a Motion for Summary Judgment or a Motion to Dismiss in Nebraska

By John P. Lenich[0]

Section 25-601(1) provides that the plaintiff can voluntarily dismiss an action without prejudice anytime before final submission.[1]  “Final submission contemplates submission on both the law and the facts when nothing remains to be done in order to render the submission complete.”[2]  A final submission occurs in a bench trial when the parties finish their closing arguments.   A final submission occurs in a jury trial after the parties finish their closing arguments and the jury has been instructed.[3]  At that point, the action has been put in the hands of the trier of fact for a decision on the merits.

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