Chapter 25 — COURTS; CIVIL PROCEDURE
1,295 sections in this chapter.
Neb. Rev. Stat. § 25-1087 Order of appointment; special directions.
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Every order appointing a receiver shall contain special directions in respect to his powers and duties, and upon application of any party to the suit, after due notice thereof, such further directions may be made in that behalf by the court or judge as may in the further progress…
Neb. Rev. Stat. § 25-1088 Receivers; extent of representation.
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Every receiver shall be considered the receiver of any party to the suit, and no others.
Neb. Rev. Stat. § 25-1089 Appointment of receiver without notice; void; suspension of order, when.
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Every order appointing a receiver without the notice provided for herein shall be void, and every such order heretofore made, under which the appointee has not possessed himself of the property in question, shall be suspended until an order shall have been made and the bonds exec…
Neb. Rev. Stat. § 25-1090 Inconclusive decree; appointment of master; disposition of property; orders; appeal.
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When a decree is rendered in a suit in which a receiver has been appointed and such decree does not finally determine the rights of the parties, any one of them may apply to the court for the possession of the property and proceeds thereof in the receiver's hands. If such applica…
Neb. Rev. Stat. § 25-1091 Receivers; disobedience of orders; punishment; sheriff may act.
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Whenever, in the exercise of their authority, the court or judge shall have ordered the deposit or delivery of money or other things, and the order is disobeyed, the court or judge, in addition to punishing such disobedience as for contempt, may make an order requiring the sherif…
Neb. Rev. Stat. § 25-1092 Receivers; compensation.
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Receivers shall receive for their services such compensation as the court may award, subject to the following restrictions: (1) Receivers appointed for the purpose of preserving and protecting property pending litigation, or for the purpose of continuing the business of the debto…
Neb. Rev. Stat. § 25-1093 Replevin; delivery of property; notice, when required.
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The plaintiff in an action to recover the possession of specific personal property may, at the commencement of the suit, or any time before answer, request the delivery of such property as provided by sections 25-1093 to 25-1098, 25-10,109, and 25-10,110. In a replevin action und…
Neb. Rev. Stat. § 25-1093.01 Request delivery of property; affidavit; contents.
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The plaintiff may request the delivery of property as specified in section 25-1093 by filing in the office of the clerk of the court in which the action is filed an affidavit of the plaintiff or his or her agent or attorney showing (1) a description of the property claimed, (2) t…
Neb. Rev. Stat. § 25-1093.02 Affidavit; filing; service; temporary order; effect; hearing; when.
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Upon the filing of such affidavit and request for delivery, if the defendant with full knowledge of the allegations and effect of the plaintiff's request agrees that such delivery in replevin be had, he may execute a voluntary, intelligent, and knowing waiver under oath of his ri…
Neb. Rev. Stat. § 25-1093.03 Affidavit; temporary order; notice; hearing; summons; service.
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If filed at the commencement of suit, such affidavit and request for delivery and such temporary order containing the notice of hearing shall be served by the sheriff or other officer with the summons. If filed after the commencement of suit but before answer, they shall be serve…
Neb. Rev. Stat. § 25-1093.04 Order for delivery of property.
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If the court finds at such hearing that the plaintiff is entitled to possession of the property, it shall order the clerk to issue an order for delivery of the property to the plaintiff, and deliver such order for delivery to the sheriff or other officer to be served and returned…
Neb. Rev. Stat. § 25-1094 Order for delivery; contents.
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An order for the delivery of personal property to the plaintiff shall be made by the clerk of the court in which the action is brought only upon the filing in his office of an order of the court showing (1) a description of the property claimed; (2) that the plaintiff has raised …
Neb. Rev. Stat. § 25-1095 Order for delivery; contents.
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The order for the delivery of the property to the plaintiff shall be addressed and delivered to the sheriff. It shall state the names of the parties, the court in which the action is brought, and command the sheriff to take the property, describing it, and deliver it to the plain…
Neb. Rev. Stat. § 25-1096 Order for delivery; when returnable.
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The return day for the order of delivery shall be twenty days after its issuance unless a later date is specified in the order of delivery, in which case the return date shall be the date specified in the order of delivery.
Neb. Rev. Stat. § 25-1097 Order for delivery; how executed.
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The sheriff shall execute the order of delivery by taking the property therein mentioned. He shall also deliver a copy of the order of delivery to the person charged with the unlawful detention of the property or leave such copy at his usual place of residence.
Neb. Rev. Stat. § 25-1098 Delivery of property to plaintiff; bond; contents; return; redelivery bond.
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The sheriff, or other officer, shall not deliver to the plaintiff, his agent or attorney, the property so taken, until there has been executed by one or more sufficient sureties of the plaintiff a written undertaking to the defendant, in at least double the value of the property …
Neb. Rev. Stat. § 25-1099 Bond; amount; determination; appraisal.
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For the purpose of fixing the amount of the undertaking, the value of the property taken shall be ascertained by the oath of two or more responsible persons, whom the sheriff or other officer shall swear truly to assess the value thereof.
Neb. Rev. Stat. § 25-1101 Issues; kinds.
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Issues arise on the pleadings where a fact or conclusion of law is maintained by one party and controverted by the other. They are of two kinds: (1) Of law; (2) of fact.
Neb. Rev. Stat. § 25-1102 Issue of fact; how formed.
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An issue of fact arises upon a material allegation in a pleading that is denied by a responsive pleading or that is considered as denied or avoided because no responsive pleading is required or permitted.
Neb. Rev. Stat. § 25-1103 Trial, defined.
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A trial is a judicial examination of the issues, whether of law or of fact in an action.
Neb. Rev. Stat. § 25-1104 Issues; how tried generally; court and jury.
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Issues of law must be tried by the court, unless referred as provided in section 25-1129. Issues of fact arising in actions for the recovery of money or of specific real or personal property, shall be tried by a jury unless a jury trial is waived or a reference be ordered as here…
Neb. Rev. Stat. § 25-1105 Issues of fact triable to court.
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All other issues of fact shall be tried by the court, subject to its power to order any issue or issues to be tried by a jury, or referred as provided in this code.
Neb. Rev. Stat. § 25-1106 Formation of jury; applicability of law.
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The general mode of summoning, impaneling, challenging and swearing the jury is not changed by this code.
Neb. Rev. Stat. § 25-1107 Order of trial.
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When the jury has been sworn the trial shall proceed in the following order, unless the court for special reasons otherwise directs: (1) The plaintiff must briefly state his claim, and may briefly state the evidence by which he expects to sustain it. (2) The defendant must then b…
Neb. Rev. Stat. § 25-1107.01 Jurors; permitted to take notes; use; destruction.
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Jurors shall be permitted, but not required, to take notes. The notes may be used during the jury's deliberations and shall be treated as confidential between the juror making them and the other jurors. The notes shall not be preserved in any form. The trial judge shall ensure th…
Neb. Rev. Stat. § 25-1108 View of property or place by jury.
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Whenever, in the opinion of the court, it is proper for the jury to have a view of property which is the subject of litigation, or of the place in which any material fact occurred, it may order them to be conducted in a body, under charge of the bailiff, to the place, which shall…
Neb. Rev. Stat. § 25-1109 Cause submitted; action and conduct of jury.
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When the case is finally submitted to the jury, they may decide in court or retire for deliberation. If they retire, they must be kept together in some convenient place, under the charge of an officer, until they agree upon a verdict, or are discharged by the court, subject to th…
Neb. Rev. Stat. § 25-1110 Jury; separation; admonition of court.
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If the jury are permitted to separate either during the trial or after the case is submitted to them, they shall be admonished by the court that it is their duty not to converse with or suffer themselves to be addressed by any other person on the subject of the trial, and that it…
Neb. Rev. Stat. § 25-1111 Instructions by court; requested instructions; requirements.
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It shall be the duty of the judges of the several district courts, in all cases, both civil and criminal, to reduce their charges or instructions to the jury to writing, before giving the same to the jury, unless the so giving of the same is waived by the counsel in the case in o…
Neb. Rev. Stat. § 25-1112 Requested instruction; how modified.
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If the court refuses a written instruction, as demanded, but gives the same with a modification, which the court may do, such modification shall not be by interlineation or erasure, but shall be well defined and shall follow some such characterizing words as "changed thus," which…
Neb. Rev. Stat. § 25-1113 Given or refused instructions; how indicated; requirements.
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The court must read over all the instructions which it intends to give, and none others, to the jury, and must announce them as given, and shall announce as refused, without reading to the jury, all those which are refused, and must write the words given, or refused, as the case …
Neb. Rev. Stat. § 25-1114 Instructions; paragraphing; numbering; filing; record.
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If the giving or refusal be excepted to, the same may be without any stated reason therefor, and all instructions demanded, as well as all instructions given to the jury by the court on its own motion, must be plainly and legibly written in consecutively numbered paragraphs, and …
Neb. Rev. Stat. § 25-1115 Instructions; oral explanation prohibited; failure to reduce instructions to writing; failure of court to perform duty; effect.
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No oral explanation of any instruction authorized by the preceding sections shall, in any case, be allowed, and any instruction or charge, or any portion of a charge or instructions, given to the jury by the court and not reduced to writing, as aforesaid, or a neglect or refusal …
Neb. Rev. Stat. § 25-1116 Instructions after retirement.
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After the jury have retired for deliberation, if there be a disagreement between them as to any part of the testimony, or if they desire to be informed as to any part of the law arising in the case, they may request the officer to conduct them to the court where the information u…
Neb. Rev. Stat. § 25-1117 Jury; when discharged.
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The jury may be discharged by the court on account of the sickness of a juror, or other accident or calamity requiring their discharge, or by consent of both parties, or after they have been kept together until it satisfactorily appears that there is no probability of their agree…
Neb. Rev. Stat. § 25-1118 Jury; retrial on discharge.
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In all cases where the jury are discharged during the trial, or after the cause is submitted to them, it may be tried again immediately or at a future time as the court may direct.
Neb. Rev. Stat. § 25-1119 Assessment of amount of recovery.
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When, by the verdict, either party is entitled to recover money of the adverse party, the jury in their verdict must assess the amount of recovery.
Neb. Rev. Stat. § 25-1120 Special verdict; controls general verdict.
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When the special finding of facts is inconsistent with the general verdict, the former controls the latter, and the court may give judgment accordingly.
Neb. Rev. Stat. § 25-1121 Special verdicts; when allowed; procedure; filing; record.
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In every action for the recovery of money only or specific real property, the jury, in their discretion, may render a general or special verdict. In all other cases the court may direct the jury to find a special verdict, in writing, upon all or any of the issues and in all cases…
Neb. Rev. Stat. § 25-1122 General and special verdicts; definitions; form of special verdicts generally.
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The verdict of a jury is either general or special. A general verdict is that by which they pronounce, generally, upon all or any of the issues either in favor of the plaintiff or defendant. A special verdict is that by which the jury finds the facts only. It must present the fac…
Neb. Rev. Stat. § 25-1123 Verdict; form; correction.
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The verdict shall be written, signed by the foreman, and read by the clerk to the jury, and the inquiry made whether it is their verdict. If any juror disagrees, the jury must be sent out again; but if no disagreement be expressed, and neither party requires the jury to be polled…
Neb. Rev. Stat. § 25-1124 Rendition of verdict; polling of jury.
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When the jury have agreed upon their verdict, they must be conducted into court, their names called by the clerk, and the verdict rendered by the foreman. When the verdict is announced, either party may require the jury to be polled, which is done by the clerk asking each juror i…
Neb. Rev. Stat. § 25-1125 Five-sixths verdict; jurors to sign.
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In all trials in civil actions in any court in this state, a verdict shall be rendered if five-sixths or more of the members of the jury concur therein, and such verdict shall have the same force and effect as though agreed to by all members of the jury; Provided, that a verdict …
Neb. Rev. Stat. § 25-1126 Jury trial; waiver.
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The trial by jury may be waived by the parties in actions arising on contract and with assent of the court in other actions (1) by the consent of the party appearing, when the other party fails to appear at the trial by himself or herself or by attorney, (2) by written consent, i…
Neb. Rev. Stat. § 25-1127 Trial by court; general finding; findings of fact; conclusions of law.
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Upon the trial of questions of fact by the court, it shall not be necessary for the court to state its finding, except, generally, for the plaintiff or defendant, unless one of the parties request it, with a view of excepting to the decision of the court upon the questions of law…
Neb. Rev. Stat. § 25-1128 Trial by the court; provisions for jury trials applicable.
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The provisions of this Chapter respecting trials by jury, apply, so far as they are in their nature applicable, to trials by the court.
Neb. Rev. Stat. § 25-1129 Reference by consent; when allowed.
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All or any of the issues in the action, whether of fact or law or both, may be referred to a referee upon the written consent of the parties or upon their oral consent in court entered upon the record.
Neb. Rev. Stat. § 25-1130 Reference by court order; when allowed.
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When the parties do not consent, the court may, upon application of either, or of its own motion, direct a reference in any equity matter to a referee appointed by the court. The court shall direct a reference to a referee only when caseload and time constraints require such refe…
Neb. Rev. Stat. § 25-1131 Trial by referee; procedure; findings of fact; conclusions of law; effect.
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The trial before referees is conducted in the same manner as a trial by the court. They have the same power to summon and enforce the attendance of witnesses, to administer all necessary oaths in the trial of the case, and to grant adjournments, as the court upon such trial. They…
Neb. Rev. Stat. § 25-1132 Referees; how chosen; number.
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In all cases of reference, the parties, except when an infant may be a party, may agree upon a suitable person or persons, not exceeding three, and the reference shall be ordered accordingly; and if the parties do not agree, the court shall appoint one or more referees, not excee…