Chapter 25 — COURTS; CIVIL PROCEDURE
1,295 sections in this chapter.
Neb. Rev. Stat. § 25-10 Failure to furnish bond; duty and liability of officer; return of property to defendant.
Neb. Rev. Stat. § 25-1001 Attachment; grounds.
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The plaintiff, in a civil action for the recovery of money, may, at or after the commencement thereof, have an attachment against the property of the defendant when the defendant or one of several defendants (1) has absconded with the intent to defraud his or her creditors; (2) h…
Neb. Rev. Stat. § 25-1002 Attachment; affidavit of plaintiff; contents.
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An order of attachment shall be approved by a judge of any district court or county court only after there has been presented to him or her an affidavit or affidavits based upon personal knowledge (1) that the facts set forth in plaintiff's complaint which state a valid cause of …
Neb. Rev. Stat. § 25-1003 Attachment; plaintiff's undertaking; bond; amount.
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(1) The judge to whom the affidavit described in section 25-1002 is presented shall determine the amount of an undertaking the plaintiff shall be required to file. The judge shall also approve the sufficiency of one or more sureties of the plaintiff, unless the plaintiff presents…
Neb. Rev. Stat. § 25-1004 Attachment; order; contents; service; manner.
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The order of attachment shall (1) require the sheriff to attach the lands, tenements, goods, chattels, stocks, or interest in stocks, rights, credits, money, and effects of the defendant in his or her county not exempt by law from being applied to the payment of the plaintiff's c…
Neb. Rev. Stat. § 25-1005 Attachment; several and successive orders; issuance to several counties; costs; taxation.
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Orders of attachment may be issued to the sheriffs of different counties; and several of them may, at the option of the plaintiff, be issued at the same time or in succession; but such only as have been executed shall be taxed in the costs, unless otherwise directed by the court.
Neb. Rev. Stat. § 25-1006 Attachment; order; return day.
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The return day of the order of attachment, when issued at the commencement of the action, shall be the same as that of the summons; when issued afterwards, it shall be twenty days after it issued.
Neb. Rev. Stat. § 25-1007 Attachment; several orders against same defendant; time of service.
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When there are several orders of attachment against the same defendant, they shall be executed in the order in which they are received by the sheriff.
Neb. Rev. Stat. § 25-1008 Attachment; order; execution; inventory; appraisement.
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The order of attachment shall be executed by the sheriff without delay. He shall go to the place where defendant's property may be found, and there, in the presence of two residents of the county, declare that by virtue of said order he attaches said property at the suit of such …
Neb. Rev. Stat. § 25-1009 Attachment or garnishment; delivery of property to defendant or garnishee; conditions.
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(1) The sheriff shall deliver the property attached to the person in whose possession it was found, and property or money seized in garnishment, to the defendant in the attachment proceedings, if the defendant be the true owner thereof, upon the delivery by such person, either to…
Neb. Rev. Stat. § 25-101 Civil action.
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The distinctions between actions at law and suits in equity, and the forms of all such actions and suits heretofore existing, are abolished; and in their place there shall be hereafter but one form of action, which shall be called a civil action.
Neb. Rev. Stat. § 25-1010 Attachment; garnishment; affidavit; summons; answer; duties of garnishee; written interrogatories; financial institution; service of process; designated location; Department of Banking and Finance; immunity.
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(1) When an affidavit is filed in a civil action containing the necessary allegations of an affidavit of attachment and in addition allegations that the affiant has good reason to and does believe that any person, partnership, limited liability company, or corporation to be named…
Neb. Rev. Stat. § 25-1011 Garnishment; service upon garnishee; forms; notice; hearing.
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(1) The summons and order of garnishment and the interrogatories in duplicate, a notice to judgment debtor form, and a request for hearing form shall be served upon the garnishee in the manner provided for service of a summons in a civil action. (2) The judgment creditor or his o…
Repealed. Laws 1980, LB 597, § 18.
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[Repealed or reserved.]
Neb. Rev. Stat. § 25-1012.01 Garnishment; public officers and employees.
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All provisions, including provisions for a continuing lien prescribed in section 25-1056, requirements, conditions, and exemptions of the garnishment laws of the State of Nebraska shall apply to all state, county, municipal, municipally owned corporation, township, and school dis…
Neb. Rev. Stat. § 25-1012.02 Garnishment; public officers and employees; procedure; process; answer.
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Such proceedings may be brought against the State of Nebraska or any county, township, municipal corporation, municipally owned corporation, or school district as garnishee defendant, and process shall be served in the manner provided for service of a summons in a civil action, e…
Repealed. Laws 1980, LB 597, § 18.
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[Repealed or reserved.]
Neb. Rev. Stat. § 25-1014 Several attachments of same property; inventory and appraisement.
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Different attachments of the same property may be made by the same officer, and one inventory and appraisement shall be sufficient, and it shall not be necessary to return the same with more than one order.
Neb. Rev. Stat. § 25-1015 Attached property; subsequent orders; procedure.
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When the property is under attachment, it shall be attached under subsequent orders as follows: (1) If it is real property, it shall be attached in the manner prescribed in section 25-1008; (2) if it is personal property, it shall be attached as in the hands of the officer and su…
Neb. Rev. Stat. § 25-1016 Order of attachment; return; contents.
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The officer shall return upon every order of attachment what he or she has done under it. The return must show when and how the defendant was served, and the property attached and the time it was attached. When garnishees are served, their names and the time each was served must …
Neb. Rev. Stat. § 25-1017 Order of attachment; effect; lien of consignee; interest and other costs; how computed.
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An order of attachment binds the property attached from the time of service, and the garnishee shall stand liable to the plaintiff in attachment for all property, money, and credits in his hands, or due from him to defendant, from the time he is served with the written notice men…
Neb. Rev. Stat. § 25-1018 Attachment; receiver; appointment; oath; bond; accounting.
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The court, or any judge thereof during vacation, may, on the application of the plaintiff and on good cause shown, appoint a receiver, who shall take an oath faithfully to discharge his duty, and shall give an undertaking to the State of Nebraska in such sum as the court or judge…
Neb. Rev. Stat. § 25-1019 Attachment; receiver; powers and duties; actions by.
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Such receiver shall take possession of all notes, due bills, books of account, accounts and all other evidences of debt, that have been taken by the sheriff or other officer as the property of the defendant in attachment, and shall proceed to settle and collect the same. For that…
Neb. Rev. Stat. § 25-102 Parties; how designated.
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In all civil actions, the complaining party shall be known as the plaintiff and the adverse party as the defendant.
Neb. Rev. Stat. § 25-1020 Attachment; receiver; appointment; notice to debtors of defendant in attachment; effect.
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Such receiver shall forthwith give notice of his appointment to the persons indebted to the defendant in attachment. The notice shall be written or printed, and shall be served on the debtor or debtors by copy personally or by copy left at the residence. From the date of such ser…
Neb. Rev. Stat. § 25-1021 Attachment; receiver; reports; custody of property; duties.
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Such receiver shall, when required, report his proceedings to the court, and hold all money collected by him and property which may come into his hands subject to the order of the court.
Neb. Rev. Stat. § 25-1022 Attachment; sheriff; powers when no receiver appointed; bond.
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When a receiver is not appointed by the court or a judge thereof, as provided in section 25-1018, the sheriff or other officer attaching the property shall have all the powers and perform all the duties of a receiver appointed by the court or judge, and may, if necessary, commenc…
Neb. Rev. Stat. § 25-1023 Attached property; preservation; sale; proceeds.
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The court shall make proper orders for the preservation of the property during the pendency of the suit. It may direct the sale of property when, because of its perishable nature or the costs of keeping it, a sale will be for the benefits of the parties. In vacation, such sale ma…
Neb. Rev. Stat. § 25-1024 Attachment; discharge; bond; effect; restitution of property or proceeds.
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(1) If the defendant, or any other person on his or her behalf, at any time before judgment, causes an undertaking to be executed to the plaintiff by one or more sureties resident in the county, to be approved by the court, in the amount of the plaintiff's claim as stated in his …
Neb. Rev. Stat. § 25-1025 Attachment; discharge; bond, how executed.
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The undertaking mentioned in subsection (1) of section 25-1024 may, in vacation, be executed in the presence of the sheriff having the order of attachment in his or her hands, or, after the return of the order, before the clerk, with the same effect as if executed in court, the s…
Neb. Rev. Stat. § 25-1026 Garnishee; answer; interrogatories; filing fee; costs.
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The garnishee shall answer, under oath, all the interrogatories put to him touching the property of every description and credits of the defendant in his possession or under his control at the time of the service of the summons and interrogatories, and he shall disclose truly the…
Neb. Rev. Stat. § 25-1027 Garnishee; payment into court; effect; costs.
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A garnishee may pay the money owing to the defendant by him into court. He shall be discharged from liability to the defendant for any money so paid not exceeding the plaintiff's claim. He shall not be subjected to costs beyond those caused by his resistance of the claim against …
Neb. Rev. Stat. § 25-1028 Garnishee; failure to answer; presumption; judgment.
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If the garnishee fails to answer, as required by section 25-1026, he shall be presumed to be indebted to the defendant in the full amount of the claim of plaintiff. Upon notice to the garnishee given within such time and in such manner as the court shall direct, judgment may be e…
Neb. Rev. Stat. § 25-1029 Garnishment; property; delivery into court; bond in lieu of delivery.
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If the garnishee answers that, at the time of the service of the summons and interrogatories upon him or her, he or she was possessed of any property of the defendant or was indebted to him or her, the court may order the delivery of such property and the payment of the amount ow…
Neb. Rev. Stat. § 25-103 Feigned issues prohibited; issue not plead; tried, when.
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There can be no feigned issues; but a question of fact not put in issue by the pleadings may be tried by a jury, upon an order for the trial, stating distinctly and plainly the question of fact to be tried, and such order is the only authority necessary for a trial.
Neb. Rev. Stat. § 25-1030 Garnishee; answer; controvert; allegations; liability; release.
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If the garnishee appears and answers and his or her disclosure is not satisfactory to the plaintiff, or if he or she fails to comply with the order of the court, by delivering the property and paying the money owing into court, or giving the undertaking required in section 25-102…
Neb. Rev. Stat. § 25-1030.01 Garnishee; application; notice; manner of service; corporate garnishee; liability.
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(1) Upon filing an application for determination of liability of the garnishee, the plaintiff shall give the garnishee and the defendant in the original action notice of the filing thereof and of the time and place of trial thereon. Subject to subsections (2) and (3) of this sect…
Neb. Rev. Stat. § 25-1030.02 Garnishee; trial; liability; judgment.
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The trial of the determination of the liability of the garnishee shall be conducted the same as in a civil action. If it shall appear upon the trial of the liability of the garnishee that the garnishee was (1) indebted to the defendant, or (2) had any property or credits of the d…
Neb. Rev. Stat. § 25-1030.03 Garnishment; ownership of property; intervention; trial.
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Any person claiming ownership of any money or property sought to be reached in the possession or under the control of the garnishee as the property of the defendant in the original action may intervene in the garnishment proceedings by a suitable pleading and set up facts showing…
Neb. Rev. Stat. § 25-1031 Garnishee; final judgment; when rendered; effect; discharge by delivery of property; costs.
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Final judgment shall not be rendered against the garnishee until the action against the defendant in the original action has been determined. If in such action judgment be rendered for the defendant, the garnishee shall be discharged and recover costs. If the plaintiff shall reco…
Neb. Rev. Stat. § 25-1031.01 Garnishment; judgment; effect.
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The judgment in the garnishment action shall be conclusive between the garnishee, plaintiff, defendant, and any intervenor.
Neb. Rev. Stat. § 25-1031.02 Garnishment; costs; fee.
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(1) The party seeking garnishment shall advance the costs of transcript and filing the matter in the district court. (2) The district court shall be entitled to the following fee in civil matters: For issuance of a writ of execution, restitution, garnishment, attachment, and exam…
Neb. Rev. Stat. § 25-1032 Attachment; judgment for defendant; effect; return of property or proceeds.
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If judgment is rendered in the action for the defendant, the attachment shall be discharged, and the property attached, or its proceeds, shall be returned to him.
Neb. Rev. Stat. § 25-1033 Attachment; judgment for plaintiff; how satisfied; return of surplus.
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If judgment is rendered for the plaintiff, it shall be satisfied as follows: So much of the property remaining in the hands of the officer, after applying the money arising from the sale of perishable property, and so much of the personal property and lands and tenements, if any,…
Neb. Rev. Stat. § 25-1034 Attached property; delivery to sheriff; power of court to compel.
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The court may compel the delivery to the sheriff, for sale, of any of the attached property for which an undertaking may have been given, and may proceed summarily on such undertaking to enforce the delivery of the property or the payment of such sum as may be due upon the undert…
Neb. Rev. Stat. § 25-1035 Attached property out of sheriff's possession; repossession; power of court to order.
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The court may order the sheriff to repossess himself, for the purpose of selling it, of any of the attached property which may have passed out of his hands without having been sold or converted into money; and the sheriff shall, under such order, have the same power to take the p…
Neb. Rev. Stat. § 25-1036 Attachment; intervening claimants; proceeding to ascertain title.
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If personal property which has been attached be claimed by any person other than the defendant, it shall be the duty of the officer to have the validity of such claim tried, and such proceedings must be had thereon, with the like effect, as in case the property had been seized up…
Neb. Rev. Stat. § 25-1037 Several attachments; same property; reference.
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Where several attachments are executed on the same property, or the same persons are made garnishees, the court, on the motion of any of the plaintiffs, may order a reference to ascertain and report the amounts and priorities of the several attachments.
Repealed. Laws 1980, LB 597, § 18.
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[Repealed or reserved.]
Neb. Rev. Stat. § 25-1039 Attachment; additional security; right of defendant to require.
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The defendant may, at any time before judgment, after reasonable notice to the plaintiff, move the court for additional security on the part of the plaintiff; and if, on such motion, the court is satisfied that the surety in the plaintiff's undertaking has removed from this state…