Chapter 25 — COURTS; CIVIL PROCEDURE
1,295 sections in this chapter.
Neb. Rev. Stat. § 25-2915 Immunity; exceptions.
0.3K chars
No mediator, restorative justice facilitator, staff member, or member of a governing board of an approved center may be held liable for civil damages for any statement or decision made in the process of restorative justice or dispute resolution unless such person acted in a manne…
Neb. Rev. Stat. § 25-2916 Agreement; contents.
1.1K chars
(1) If the parties involved in mediation reach an agreement, the agreement may be reduced to writing and signed by the parties. The agreement shall set forth the settlement of the issues and the future responsibilities of each party. If a court referred the case, the agreement as…
Neb. Rev. Stat. § 25-2917 Tolling of civil statute of limitations; when.
0.4K chars
During the period of the restorative justice or dispute resolution process, any applicable civil statute of limitations shall be tolled as to the parties. The tolling shall commence on the date the approved center accepts the case and shall end on the date of the last restorative…
Neb. Rev. Stat. § 25-2918 Rules and regulations.
0.3K chars
(1) The Supreme Court, upon recommendation by the director in consultation with the council, shall adopt and promulgate rules and regulations to carry out the Dispute Resolution Act. (2) The office may adopt and promulgate policies and procedures to carry out the Dispute Resoluti…
Neb. Rev. Stat. § 25-2919 Application of act.
0.1K chars
The Dispute Resolution Act shall apply only to approved centers and mediators and restorative justice facilitators of such centers.
Neb. Rev. Stat. § 25-2920 Director; report.
0.4K chars
The director shall provide an annual report regarding the implementation of the Dispute Resolution Act. The report shall be available to the public on the Supreme Court's website. The report shall include the number and types of disputes received, the disposition of the disputes,…
Neb. Rev. Stat. § 25-2921 Dispute Resolution Cash Fund; created; use; investment.
0.5K chars
The Dispute Resolution Cash Fund is created. The State Court Administrator shall administer the fund. The fund shall consist of proceeds received pursuant to subdivision (9) of section 25-2908 and section 33-155. The fund shall be used to supplement the administration of the offi…
Repealed. Laws 2009, LB 1, § 1.
0.0K chars
[Repealed or reserved.]
Repealed. Laws 2009, LB 1, § 1.
0.0K chars
[Repealed or reserved.]
Repealed. Laws 2009, LB 1, § 1.
0.0K chars
[Repealed or reserved.]
Repealed. Laws 2009, LB 1, § 1.
0.0K chars
[Repealed or reserved.]
Repealed. Laws 2009, LB 1, § 1.
0.0K chars
[Repealed or reserved.]
Repealed. Laws 2009, LB 1, § 1.
0.0K chars
[Repealed or reserved.]
Repealed. Laws 2009, LB 1, § 1.
0.0K chars
[Repealed or reserved.]
Repealed. Laws 2009, LB 1, § 1.
0.0K chars
[Repealed or reserved.]
Neb. Rev. Stat. § 25-2930 Act, how cited.
0.1K chars
Sections 25-2930 to 25-2942 shall be known and may be cited as the Uniform Mediation Act.
Neb. Rev. Stat. § 25-2931 Terms, defined.
1.7K chars
For purposes of the Uniform Mediation Act: (1) Mediation means a process in which a mediator facilitates communication and negotiation between parties to assist them in reaching a voluntary agreement regarding their dispute. (2) Mediation communication means a statement, whether …
Neb. Rev. Stat. § 25-2932 Scope.
1.8K chars
(a) Except as otherwise provided in subsection (b) or (c) of this section, the Uniform Mediation Act applies to a mediation in which: (1) the mediation parties are required to mediate by statute or court or administrative agency rule or referred to mediation by a court, administr…
Neb. Rev. Stat. § 25-2933 Privilege against disclosure; admissibility; discovery.
1.0K chars
(a) Except as otherwise provided in section 25-2935, a mediation communication is privileged as provided in subsection (b) of this section and is not subject to discovery or admissible in evidence in a proceeding unless waived or precluded as provided by section 25-2934. (b) In a…
Neb. Rev. Stat. § 25-2934 Waiver and preclusion of privilege.
0.9K chars
(a) A privilege under section 25-2933 may be waived in a record or orally during a proceeding if it is expressly waived by all parties to the mediation and: (1) in the case of the privilege of a mediator, it is expressly waived by the mediator; and (2) in the case of the privileg…
Neb. Rev. Stat. § 25-2935 Exceptions to privilege.
2.4K chars
(a) There is no privilege under section 25-2933 for a mediation communication that is: (1) in an agreement evidenced by a record signed by all parties to the agreement; (2) available to the public under sections 84-712 to 84-712.09 or made during a session of a mediation which is…
Neb. Rev. Stat. § 25-2936 Prohibited mediator reports.
0.8K chars
(a) Except as required in subsection (b) of this section, a mediator may not make a report, assessment, evaluation, recommendation, finding, or other communication regarding a mediation to a court, administrative agency, or other authority that may make a ruling on the dispute th…
Neb. Rev. Stat. § 25-2937 Confidentiality.
0.2K chars
Unless subject to the Open Meetings Act or sections 84-712 to 84-712.09, mediation communications are confidential to the extent agreed by the parties or provided by other law or rule of this state.
Neb. Rev. Stat. § 25-2938 Mediator's disclosure of conflicts of interest; background.
1.4K chars
(a) Before accepting a mediation, an individual who is requested to serve as a mediator shall: (1) make an inquiry that is reasonable under the circumstances to determine whether there are any known facts that a reasonable individual would consider likely to affect the impartiali…
Neb. Rev. Stat. § 25-2939 Participation in mediation.
0.2K chars
An attorney may represent, or other individual designated by a party may accompany the party to, and participate in a mediation. A waiver of representation or participation given before the mediation may be rescinded.
Neb. Rev. Stat. § 25-2940 Relation to federal Electronic Signatures in Global and National Commerce Act.
0.3K chars
The Uniform Mediation Act modifies, limits, or supersedes the federal Electronic Signatures in Global and National Commerce Act, 15 U.S.C. 7001 et seq., but the Uniform Mediation Act does not modify, limit, or supersede 15 U.S.C. 7001(c) or authorize electronic delivery of any of…
Neb. Rev. Stat. § 25-2941 Uniformity of application and construction.
0.2K chars
In applying and construing the Uniform Mediation Act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.
Neb. Rev. Stat. § 25-2942 Application to existing agreements or referrals.
0.4K chars
(a) The Uniform Mediation Act governs a mediation pursuant to a referral or an agreement to mediate made on or after August 31, 2003. (b) On or after January 1, 2004, the Uniform Mediation Act governs an agreement to mediate whenever made. (c) The Uniform Mediation Act is intende…
Neb. Rev. Stat. § 25-2943 Referral of civil cases to mediation or alternative dispute resolution; rules of practice.
0.9K chars
A court may refer a civil case, including a contested guardianship or contested conservatorship proceeding, to mediation or another form of alternative dispute resolution and, unless otherwise ordered following a hearing upon a motion to object to such referral, may state a date …
Neb. Rev. Stat. § 25-3001 Terms, defined.
0.8K chars
For purposes of sections 25-3001 to 25-3004: (1) Eligible low-income person means any person (a) whose income is less than one hundred twenty-five percent of the federal poverty level, (b) who is financially eligible under the service provider's eligibility guidelines, (c) who re…
Neb. Rev. Stat. § 25-3002 Legal Aid and Services Fund; created; use; investment.
0.7K chars
The Legal Aid and Services Fund is created. Money in the fund shall be used to provide civil legal services to eligible low-income persons. The Commission on Public Advocacy shall distribute all money in the fund periodically in the form of grants to service providers of civil le…
Neb. Rev. Stat. § 25-3003 Commission on Public Advocacy; duties.
1.0K chars
(1) The Commission on Public Advocacy shall establish eligibility criteria and guidelines to determine on an annual basis (a) the service areas, (b) the legal services to be provided and the priorities for providing the services, which shall be determined in accordance with subse…
Neb. Rev. Stat. § 25-3004 Service provider; receipt of funds; eligibility; powers and duties; audit.
1.2K chars
(1) Each service provider certified by the Commission on Public Advocacy shall be eligible to receive funds from the Legal Aid and Services Fund to provide free civil legal services to eligible low-income persons in the service area for which it is certified. The funds granted to…
Neb. Rev. Stat. § 25-3005 Legislative intent.
0.2K chars
It is the intent of the Legislature to expand the capacity to provide civil legal services to eligible low-income persons equally throughout the state.
Neb. Rev. Stat. § 25-3006 Definitions.
0.1K chars
For purposes of sections 25-3005 to 25-3010, the definitions found in section 25-3001 apply.
Neb. Rev. Stat. § 25-3007 Civil Legal Services Program; created; use of appropriations; Commission on Public Advocacy; duties.
0.3K chars
The Civil Legal Services Program is created. Appropriations to the program and money in the Civil Legal Services Fund shall be used to provide grants for civil legal services to eligible low-income persons. The Commission on Public Advocacy shall distribute grants pursuant to sec…
Neb. Rev. Stat. § 25-3008 Grant recipients; requirements; application; audit.
2.0K chars
(1) The Commission on Public Advocacy shall establish guidelines for submission of applications for grants to provide civil legal services to eligible low-income persons. To be eligible for a grant under this section, a civil legal services provider shall: (a) Be a nonprofit orga…
Neb. Rev. Stat. § 25-3009 Civil Legal Services Fund; created; investment.
0.3K chars
The Civil Legal Services Fund is created. Any money remaining in the fund at the end of a calendar year shall be distributed in the following calendar year. Any money in the fund available for investment shall be invested by the state investment officer pursuant to the Nebraska C…
Neb. Rev. Stat. § 25-301 Real party in interest.
0.5K chars
Every action shall be prosecuted in the name of the real party in interest except as otherwise provided in section 25-304. An action shall not be dismissed on the ground that it is not prosecuted in the name of the real party in interest until a reasonable time has been allowed a…
Neb. Rev. Stat. § 25-3010 Civil Legal Services Fund; how funded.
0.6K chars
Beginning January 1, 2007, a fee of one dollar shall be taxed as costs in each criminal proceeding, including traffic infractions and misdemeanors, filed in all courts of this state for violations of state law or city or village ordinances. No such fee shall be collected in any j…
Neb. Rev. Stat. § 25-302 Assignee of a thing in action.
0.1K chars
The assignee of a thing in action may maintain an action thereon in the assignee's own name and behalf, without the name of the assignor.
Neb. Rev. Stat. § 25-303 Assignee; defenses and counterclaims available.
0.3K chars
An action by the assignee of a thing in action shall be without prejudice to any counterclaim or defense existing between the original parties; but this section shall not apply to negotiable bonds, promissory notes, or bills of exchange, transferred in good faith, and upon good c…
Neb. Rev. Stat. § 25-304 Parties to actions.
0.5K chars
An executor, administrator, guardian, trustee of an express trust, a person with whom or in whose name a contract is made for the benefit of another, or a person expressly authorized by statute, may bring an action without joining the person for whose benefit it is prosecuted. Of…
Neb. Rev. Stat. § 25-305 Married woman.
0.1K chars
A woman may while married sue and be sued in the same manner as if she were unmarried.
Neb. Rev. Stat. § 25-306 Wife's right to defend.
0.2K chars
If a husband and wife be sued together, the wife may defend for her own right; and if the husband neglect to defend, she may defend for his right also.
Neb. Rev. Stat. § 25-307 Suit by infant, guardian, or next friend; exception; substitution by court.
0.6K chars
Except as provided by the Nebraska Probate Code, section 43-104.05, and sections 43-4801 to 43-4812, the action of an infant shall be commenced, maintained, and prosecuted by his or her guardian or next friend. Such actions may be dismissed with or without prejudice by the guardi…
Neb. Rev. Stat. § 25-308 Action by guardian, conservator, or next friend; liability for costs; security; witness.
0.4K chars
The guardian, conservator, or next friend is liable for the costs of the action brought by the guardian, conservator, or next friend, and when he or she is insolvent, the court may require security for the costs of the action. The guardian, conservator, or next friend may be a wi…
Neb. Rev. Stat. § 25-309 Suit against infant; guardian for suit; when appointed; exception.
0.4K chars
Except as provided by the Nebraska Probate Code and section 43-104.05, the defense of an infant must be by a guardian for the suit, who may be appointed by the court in which the action is prosecuted, or by a judge thereof, or by a county judge. The appointment cannot be made unt…
Neb. Rev. Stat. § 25-310 Suit against infant; guardian; how appointed.
0.3K chars
The appointment may be made upon the application of the infant, if he be of the age of fourteen years, and apply within twenty days after the return of the summons. If he be under the age of fourteen or neglect so to apply, the appointment may be made upon the application of any …
Neb. Rev. Stat. § 25-3101 Structured Settlements Transfers Protection Act, how cited.
0.1K chars
Sections 25-3101 to 25-3107 shall be known and may be cited as the Structured Settlements Transfers Protection Act.