Chapter 24, COURTS
201 sections in this chapter.
Neb. Rev. Stat. § 24-215 Fees; quarterly payment into General Fund; transcripts for Supreme Court of United States; powers and duties of clerk.
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The Clerk of the Supreme Court shall, on the first day in January, April, July, and October of each year, pay into the General Fund of the state treasury all fees of every nature and description received by him or her during the preceding three months; and the State Treasurer sha…
Neb. Rev. Stat. § 24-216 Fees; neglect or fraud in report; penalty.
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If the Clerk of the Supreme Court shall omit to comply with the provisions of sections 24-214 and 24-215, or shall fail or neglect to keep a correct account of the fees by him received, or shall fail or neglect to make a report to the Governor of the state as herein provided by l…
Neb. Rev. Stat. § 24-217 Supreme Court; bailiffs.
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The court may also appoint not to exceed two bailiffs, who shall have power to serve any process issuing out of said court in the exercise of its original jurisdiction, and shall receive for such services the same fees as sheriffs for similar services.
Neb. Rev. Stat. § 24-218 Chief Justice; purchase liability insurance; for whom.
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The Chief Justice of the Supreme Court, or the State Court Administrator acting on his or her behalf, shall have the authority to purchase and maintain insurance on behalf of any judge, officer, or employee of any court in this state against any liability asserted against him or …
Neb. Rev. Stat. § 24-219 Supreme Court; answer questions of law; when.
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The Supreme Court may answer questions of law certified to it by the Supreme Court of the United States, a Court of Appeals of the United States, or a United States District Court, when requested by the certifying court, if there are involved in any proceeding before it questions…
Neb. Rev. Stat. § 24-220 Certification request; how invoked.
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Sections 24-219 to 24-225 may be invoked by a written request of any of the courts referred to in section 24-219 upon such court's own motion, or upon the motion to that court of any attorney involved.
Neb. Rev. Stat. § 24-221 Certification request; contents.
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A certification request shall set forth (1) the questions of law to be answered and (2) a statement of all facts relevant to the questions certified and showing fully the nature of the controversy in which the questions arose.
Neb. Rev. Stat. § 24-222 Certification request; requirements; acceptance.
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The certification request shall be prepared by the certifying court, signed by the judge presiding at the hearing, and forwarded to the Supreme Court by the clerk of the certifying court under its official seal. The Supreme Court may require the original or copies of all or any p…
Neb. Rev. Stat. § 24-223 Certification request; fees and costs.
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Fees and costs shall be the same as in civil appeals docketed with the Supreme Court.
Neb. Rev. Stat. § 24-224 Certification request; Supreme Court; duties.
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If a certification request made pursuant to section 24-222 is accepted by the Supreme Court, it shall promptly notify the requesting court in writing of such fact and the proceedings shall thereafter be as provided by the Supreme Court. The Supreme Court shall provide an expedite…
Neb. Rev. Stat. § 24-225 Certification request; Supreme Court opinion; delivery.
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The written opinion of the Supreme Court stating the law governing the questions certified shall be sent by the clerk under the seal of the Supreme Court to the certifying court and to the parties.
Neb. Rev. Stat. § 24-226 Use of electronic research capabilities; authorized; payment.
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The Supreme Court may authorize, for judges of the district court and judges of the county court, the use of electronic research capabilities available on the state computer network. All costs and expenses related to such use shall be paid by the Supreme Court.
Neb. Rev. Stat. § 24-227 Case Management Systems Software Cash Fund; created; use; investment.
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(1) The Case Management Systems Software Cash Fund is created. The State Court Administrator shall administer the fund. The fund shall consist of money remitted pursuant to section 33-107.04. The Supreme Court may use the fund to aid in defraying the costs of purchasing, implemen…
Neb. Rev. Stat. § 24-227.01 Supreme Court Automation Cash Fund; created; use; investment.
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The Supreme Court Automation Cash Fund is created. The State Court Administrator shall administer the fund. The fund shall only be used to support automation expenses of the Supreme Court, Court of Appeals, district courts, separate juvenile courts, county courts, and Nebraska Pr…
Neb. Rev. Stat. § 24-228 Assumption of district court expenses; when.
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The Supreme Court shall assume as expenses the cost of word processing and data processing hardware and software involved in the operation of the district courts if those costs are for services provided on equipment owned by the State of Nebraska and the services have been approv…
Neb. Rev. Stat. § 24-229 Counsel for Discipline Cash Fund; created; use; investment.
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The Counsel for Discipline Cash Fund is created. The fund shall be established within the Supreme Court and administered by the State Court Administrator. The fund shall consist of a portion of the annual membership dues assessed by the Nebraska State Bar Association and remitted…
Neb. Rev. Stat. § 24-230 Judicial hearing officer; appointment by Supreme Court; powers; qualifications; rights of parties.
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(1) The Supreme Court may appoint judicial hearing officers as needed to serve on a full-time or part-time basis for county courts sitting as juvenile courts and for separate juvenile courts. A judicial hearing officer is entitled to receive a salary as established by the Supreme…
Neb. Rev. Stat. § 24-231 Supreme Court Attorney Services Cash Fund; created; use; investment.
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The Supreme Court Attorney Services Cash Fund is created. The fund shall be under the control of the Supreme Court and administered by the State Court Administrator. The fund shall consist of mandatory assessments and fees, grants, donations, and gifts. The fund shall be used for…
Neb. Rev. Stat. § 24-232 Eviction proceedings; annual report; contents.
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(1) On or before January 15, 2022, and July 15, 2022, and on or before each January 15 and July 15 thereafter, the Supreme Court shall electronically submit a report to the Clerk of the Legislature that includes, for the preceding six months the following information pertaining t…
Neb. Rev. Stat. § 24-233 Supreme Court Operations Cash Fund; created; use; investment.
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The Supreme Court Operations Cash Fund is created. The State Court Administrator shall administer the fund. The fund shall be used for court and probation programs that enhance the administration of justice and improve community safety. The fund shall consist of fees, grants, don…
Neb. Rev. Stat. § 24-301 District judge; eligibility.
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No person shall be eligible to the office of district judge in any district unless he or she: (1) Is at least thirty years of age; (2) Is a citizen of the United States; (3) Has been engaged in the practice of law in the State of Nebraska for at least five years, which may includ…
Neb. Rev. Stat. § 24-301.01 District judge; judge of separate juvenile court; salary.
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As soon as the same may be legally paid under the Constitution of Nebraska, each judge of the district court and each judge of a separate juvenile court shall be paid a salary of thirty-nine thousand five hundred dollars per annum. On January 8, 1981, the salary shall be increase…
Neb. Rev. Stat. § 24-301.02 District court judicial districts; described; number of judges.
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The State of Nebraska shall be divided into the following twelve district court judicial districts: District No. 1 shall contain the counties of Saline, Jefferson, Gage, Thayer, Johnson, Pawnee, Nemaha, Fillmore, Richardson, and Otoe; District No. 2 shall contain the counties of …
Neb. Rev. Stat. § 24-302 Jurisdiction.
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The district courts shall have and exercise general, original and appellate jurisdiction in all matters, both civil and criminal, except where otherwise provided.
Neb. Rev. Stat. § 24-303 Terms of court; when fixed; where held; assignment of judges by Supreme Court; telephonic or videoconference hearing; authorized.
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(1) The judges of the district court shall, the last two months in each year, fix the time of holding terms of court in the counties composing their respective districts during the ensuing year, and cause the same to be published throughout the district, if the same can be done w…
Neb. Rev. Stat. § 24-304 Terms of court, special.
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A special term may be ordered and held by the district judge in any county in his district, for the transaction of any business, if he deem it necessary. In ordering a special term he shall direct whether a grand or petit jury, or both, shall be summoned.
Neb. Rev. Stat. § 24-305 Absence of judge; adjournment from day to day.
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If the judge does not appear on the day appointed for holding the court, the clerk shall make an entry thereof in his record and adjourn the court until the next day, and so on until the fourth day, unless the judge appears.
Neb. Rev. Stat. § 24-306 Absence of judge; adjournment until next regular term.
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If the judge does not appear by 5 p.m. in the afternoon of the fourth day, the court shall stand adjourned until the next regular term.
Neb. Rev. Stat. § 24-307 Absence of judge; adjournment by written order.
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If the judge be sick, or for any other sufficient cause is unable to attend court at the regularly appointed time, he may, by a written order, direct an adjournment to a particular day therein specified, and the clerk shall, on the first day of the term, or as soon thereafter as …
Neb. Rev. Stat. § 24-308 Failure of term; pending proceedings continued.
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No recognizance, or other instrument or proceeding, shall be rendered invalid by reason of there being a failure of the term, but all proceedings pending in court shall be continued to the next regular or special term, unless an adjournment be made as authorized in section 24-307…
Neb. Rev. Stat. § 24-309 Failure of term; persons recognized; sureties; liability.
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In case of such continuances or adjournments, persons recognized or bound to appear at the regular term, which has failed as aforesaid, shall be held bound in like manner, to appear at the time so fixed, and their sureties, if any, shall be liable, in case of their nonappearance,…
Neb. Rev. Stat. § 24-310 Final adjournment; effect.
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Upon any final adjournment of the court, all business not otherwise disposed of shall stand continued generally.
Neb. Rev. Stat. § 24-312 District judges; interchange; appointment of county judge to act; when; effect; reassignment of cases.
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(1) The district judges may interchange and hold each other's court. Whenever it shall appear by affidavit, to the satisfaction of any district judge in the state, that the judge of any other district is unable to act, on account of sickness, interest, or absence from the distric…
Neb. Rev. Stat. § 24-313 Inferior tribunal; powers over.
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The district court may by rule compel an inferior court or board to allow an appeal or to make or amend records according to law either by correcting an evident mistake or supplying an evident omission. This section shall not apply if the Administrative Procedure Act otherwise pr…
Neb. Rev. Stat. § 24-318 Offenses at trial; order to investigate; order to prosecute; duty of county attorney.
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Every judge of the district court, when it appears that any offense has been committed in connection with the trial of any cause, shall direct the county attorney to make a complete investigation, and to report to the judge fully and expeditiously the result of that investigation…
Neb. Rev. Stat. § 24-337.01 Clerk of the district court; assist clerk of county court; agreement; contents.
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When the clerk of the county court or the county court staff are temporarily unavailable or available on less than a full-time basis, the clerk of the district court shall, under the direction of the county court judge and in cooperation and agreement with the Supreme Court and S…
Neb. Rev. Stat. § 24-337.04 Clerk of district court; residency.
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A clerk of the district court elected after 2008 need not be a resident of the county when he or she files for election as clerk of the district court, but a clerk of the district court shall reside in a county for which he or she holds office.
Neb. Rev. Stat. § 24-345 Funds uncalled for; payment to State Treasurer; clerk's liability discharged.
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All money, other than witness fees, fines, penalties, forfeitures and license money, that comes into the possession of the clerk of the district court for any county in the State of Nebraska by virtue of his or her office and remains in the custody of the clerk of the district co…
Neb. Rev. Stat. § 24-349 Sections, how construed.
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Nothing in sections 24-345 to 24-349 shall be taken to modify or amend any existing statute relating to witness fees, fines, penalties, forfeitures or license money.
Neb. Rev. Stat. § 24-350 Bailiff; term; compensation.
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The judge of the district court may, if the business of the court requires, appoint a bailiff or bailiffs. In counties having more than sixty thousand inhabitants, bailiffs shall be appointed and shall hold office for a term of one year unless sooner removed by the appointing jud…
Neb. Rev. Stat. § 24-401 Clerk of Supreme Court; clerks of district and county courts; deputies.
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The Clerk of the Supreme Court and of the several district and county courts in this state shall have power to appoint deputies. Each of such deputies shall be sworn to faithfully perform the duties of his or her office before entering upon such duties.
Neb. Rev. Stat. § 24-402 Clerk; liability for acts of deputy.
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Every clerk appointing a deputy under the provisions of section 24-401 shall be liable for all the official acts of said deputy clerk.
Neb. Rev. Stat. § 24-403 District and county court clerks; deputies; acknowledgments; validity.
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Deputy clerks of the district and county courts in this state are authorized to take acknowledgments of deeds and other instruments in writing in the name of their principals, and the acknowledgments shall be as legal and as valid as if taken by their principals.
Neb. Rev. Stat. § 24-501 Legislative intent.
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It is the intent of the Legislature to provide a unified system of county courts for the state by combining the functions of county courts, justice of the peace courts, and police magistrate courts and to provide jurisdiction and procedure for the county courts that will effectiv…
Neb. Rev. Stat. § 24-502 Court of record; location.
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There shall be a county court in and for each county in this state. The county court shall be a court of record and shall be located at the county seat.
Neb. Rev. Stat. § 24-503 County judge districts; created; number of judges.
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For the purpose of serving the county courts in each county, twelve county judge districts are hereby created: District No. 1 shall contain the counties of Saline, Jefferson, Gage, Thayer, Johnson, Pawnee, Nemaha, and Richardson; District No. 2 shall contain the counties of Sarpy…
Neb. Rev. Stat. § 24-505.01 County judge; eligibility.
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No person shall be eligible for the office of county judge unless he or she: (1) Is at least thirty years of age; (2) Is a citizen of the United States; (3) Has been engaged in the practice of law in the State of Nebraska for at least five years, which may include prior service a…
Neb. Rev. Stat. § 24-506 Presiding judge; selection; departments.
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In districts with more than one judge of the county court, the judges shall annually select one of their number as presiding judge and may establish such departments within the court as they deem necessary for determining particular classes of cases.
Neb. Rev. Stat. § 24-507 Clerk magistrates; appointment; serve as clerk of court; assist clerk of district court; agreement; contents; ex officio clerk of the district court; when.
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(1) There shall be appointed a clerk magistrate to serve each county. Clerk magistrates shall be appointed by the county judge, or judges if the district has more than one county judge, and shall serve at the pleasure of the county judge or judges, subject to personnel rules adop…
Neb. Rev. Stat. § 24-508 Clerk magistrate; duties; qualifications; education requirements.
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(1) Clerk magistrates may be assigned by the presiding county judge to perform the duties of a clerk magistrate in any other county within the district. (2) A person shall be eligible for appointment as a clerk magistrate if he or she is a graduate of a high school or holds a cer…