Chapter 25 — COURTS; CIVIL PROCEDURE
1,295 sections in this chapter.
Neb. Rev. Stat. § 25-3102 Act; purpose; applicability.
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The purpose of the Structured Settlements Transfers Protection Act is to protect structured settlement recipients involved in the process of transferring structured settlement payment rights. The act does not apply to structured settlements of claims for workers' compensation ben…
Neb. Rev. Stat. § 25-3103 Terms, defined.
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For purposes of the Structured Settlements Transfers Protection Act: (1) Annuity issuer means an insurer that has issued a contract to be used to fund periodic payments under a structured settlement; (2) Applicable federal rate means the most recently published applicable rate us…
Neb. Rev. Stat. § 25-3104 Transfer of payment rights; court order; requirements.
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(1) No direct or indirect transfer of structured settlement payment rights is effective, and no structured settlement obligor or annuity issuer is required to make a payment directly or indirectly to a transferee of structured settlement payment rights, unless the transfer has be…
Neb. Rev. Stat. § 25-3105 Jurisdiction; hearing; notice.
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(1) The Nebraska court that approved the structured settlement agreement has jurisdiction over an application for authorization of a transfer of structured settlement payment rights. If a Nebraska court did not approve the structured settlement agreement, a person shall file an a…
Neb. Rev. Stat. § 25-3106 Waiver prohibited; failure to meet conditions; effect.
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The provisions of sections 25-3103 to 25-3105 may not be waived. No payee who proposes to make a transfer of structured settlement payment rights shall incur a penalty, forfeit an application fee or other payment, or otherwise incur any liability to the proposed transferee based …
Neb. Rev. Stat. § 25-3107 Act; applicability.
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The Structured Settlements Transfers Protection Act applies to any transfer of structured settlement payment rights under a transfer agreement entered into on or after January 1, 2002.
Neb. Rev. Stat. § 25-3108 Nebraska Statutory Thresholds for Settlements Involving Minors Act, how cited.
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Sections 25-3108 to 25-3110 shall be known and cited as the Nebraska Statutory Thresholds for Settlements Involving Minors Act.
Neb. Rev. Stat. § 25-3109 Act; purpose.
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The purpose of the Nebraska Statutory Thresholds for Settlements Involving Minors Act is to set forth standards and procedures for settling claims involving minors.
Neb. Rev. Stat. § 25-311 Joinder of plaintiffs.
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All persons may join in one action as plaintiffs if they assert any right to relief jointly, severally, or in the alternative in respect of or arising out of the same transaction, occurrence, or series of transactions or occurrences and if any question of law or fact common to al…
Neb. Rev. Stat. § 25-3110 Settlement agreement; custodian of minor; powers; payment; distribution; liability.
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(1) A person having legal custody of a minor may enter into a settlement agreement with a person against whom the minor has a claim if: (a) A conservator or guardian ad litem has not been appointed for the minor; (b) The total amount of the claim, not including reimbursement of m…
Neb. Rev. Stat. § 25-312 Defendants; how designated; misnomer; when immaterial.
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(1) In all actions upon bills of exchange or promissory notes, or other written instruments, and in all actions described in subsection (2) of this section, it is sufficient to designate any defendant by the name or part of name by which he or she is designated in the instrument …
Neb. Rev. Stat. § 25-312.01 Dissolved corporation; suit authorized.
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Any dissolved corporation may be sued by its corporate name upon any cause of action accrued against such corporation or which but for such dissolution would have accrued, with the same effect as if it had not been dissolved.
Neb. Rev. Stat. § 25-313 Company, partnership, or unincorporated association; designation.
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Any company or association of persons formed for the purpose of (1) carrying on any trade or business, (2) holding any species of property in this state, or (3) representing employees in collective bargaining with employers, and not incorporated, may sue and be sued by such usual…
Transferred to section 25-530.08.
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[Repealed or reserved.]
Repealed. Laws 1983, LB 447, § 104.
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[Repealed or reserved.]
Neb. Rev. Stat. § 25-315 Partnership or unincorporated association; security for costs.
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In cases where a company shall sue in its partnership name, such company shall procure the writ to be endorsed by a responsible surety, who is a resident of the county, for costs, or otherwise give security for costs.
Neb. Rev. Stat. § 25-316 Company, partnership, or unincorporated association; member's individual property; how subjected to satisfaction of judgment.
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If the plaintiff, in any judgment so rendered against any company or partnership, seeks to charge the individual property of the persons composing such company or firm, it shall be lawful for the plaintiff to file a bill in equity against the several members thereof, setting fort…
Repealed. Laws 1998, LB 234, § 12.
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[Repealed or reserved.]
Neb. Rev. Stat. § 25-318 Necessary joinder; involuntary joinder; procedure.
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Of the parties to the action, those who are united in interest shall be joined as plaintiffs or defendants; but if the consent of one who should have been joined as plaintiff cannot be obtained, he or she may be made a defendant, the reason being stated in the complaint.
Neb. Rev. Stat. § 25-319 Class actions; representation.
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When the question is one of a common or general interest of many persons, or when the parties are very numerous, and it may be impracticable to bring them all before the court, one or more may sue or defend for the benefit of all.
Neb. Rev. Stat. § 25-319.01 Class action litigation; unpaid residue; payment by defendant.
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(1) It is the intent of the Legislature to ensure that the unpaid residuals in class action litigation are distributed, to the extent possible, in a manner designed to promote justice for all citizens of this state. The Legislature finds that the use of funds collected by state c…
Neb. Rev. Stat. § 25-320 Permissive joinder of defendants.
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All persons may be joined in one action as defendants if there is asserted against them jointly, severally, or in the alternative any right to relief in respect of or arising out of the same transaction, occurrence, or series of transactions or occurrences and if any question of …
Neb. Rev. Stat. § 25-3201 Act, how cited.
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Sections 25-3201 to 25-3207 shall be known and may be cited as the Uniform Conflict of Laws Limitations Act.
Neb. Rev. Stat. § 25-3202 Terms, defined.
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For purposes of the Uniform Conflict of Laws Limitations Act: (1) Claim means a right of action that may be asserted in a civil action or proceeding and includes a right of action created by statute; (2) State means a state, commonwealth, territory, or possession of the United St…
Neb. Rev. Stat. § 25-3203 Conflict of laws; limitation periods.
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(1)(a) Except as provided by section 25-3205 and subsection (2) of this section, if a claim is substantively based: (i) Upon the law of one other state, the limitation period of that state applies; or (ii) Upon the law of more than one state, the limitation period of one of those…
Neb. Rev. Stat. § 25-3204 Rules applicable to computation of limitation period.
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If the statute of limitations of another state applies to the assertion of a claim in this state, the other state’s relevant statutes and other rules of law governing tolling and accrual apply in computing the limitation period, but its statutes and other rules of law governing c…
Neb. Rev. Stat. § 25-3205 Unfairness.
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If the court determines that the limitation period of another state applicable under section 25-3203 or 25-3204 is substantially different from the limitation period of this state and has not afforded a fair opportunity to sue upon, or imposes an unfair burden in defending agains…
Neb. Rev. Stat. § 25-3206 Future claims.
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The Uniform Conflict of Laws Limitations Act applies to claims accruing after July 14, 2006.
Neb. Rev. Stat. § 25-3207 Uniformity of application and construction.
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The Uniform Conflict of Laws Limitations Act shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of the Uniform Conflict of Laws Limitations Act among states enacting it.
Neb. Rev. Stat. § 25-321 Unknown defendants; how designated.
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When the plaintiff is ignorant of the name of the defendant, such defendant may be designated in any pleading or proceeding by any name, or any name and description, followed by the words, "real name unknown". In any such case the person intended shall thereupon be regarded as a …
Neb. Rev. Stat. § 25-322 Substitution of parties; death; disability; transfer of interest.
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An action does not abate by the death or other disability of a party, or by the transfer of any interest therein during its pendency, if the cause of action survives or continues. In the case of the death or other disability of a party, the court may allow the action to continue …
Neb. Rev. Stat. § 25-323 Necessary parties; brought into suit.
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The court may determine any controversy between parties before it when it can be done without prejudice to the rights of others or by saving their rights; but when a determination of the controversy cannot be had without the presence of other parties, the court shall order them t…
Neb. Rev. Stat. § 25-324 Actions for recovery of real or personal property; interest in property; intervention.
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When, in an action for the recovery of real or personal property, any person having an interest in the property applies to be made a party, the court may order it to be done.
Neb. Rev. Stat. § 25-325 Interpleader by order of court upon affidavit of defendant.
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Upon the affidavit of a defendant, before answer in an action upon contract or for the recovery of personal property, that some third party, without collusion with the defendant, has or makes a claim to the subject of the action, and that the defendant is ready to pay or dispose …
Neb. Rev. Stat. § 25-326 Interpleader; when sheriff or other officer defendant.
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The provisions of section 25-325 shall be applicable to an action brought against a sheriff, or other officer, for the recovery of personal property taken by him or her under execution or for the proceeds of such property so taken and sold by him or her. The defendant in such act…
Neb. Rev. Stat. § 25-327 Substitution; plaintiff in execution for sheriff or other officer.
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In an action against a sheriff or other officer for the recovery of property taken under an execution, and replevied by the plaintiff in such action, the court may, upon application of the defendant and of the party in whose favor the execution issued, permit the latter to be sub…
Neb. Rev. Stat. § 25-328 Intervention; right; procedure.
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Any person who has or claims an interest in the matter in litigation, in the success of either of the parties to an action, or against both, in any action pending or to be brought in any of the courts of the State of Nebraska, may become a party to an action between any other per…
Neb. Rev. Stat. § 25-329 Intervention; judgment; costs.
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The court shall determine upon the intervention at the same time that the action is decided, and if the claim of the intervenor is not sustained, the intervenor shall pay all costs of the intervention.
Neb. Rev. Stat. § 25-330 Intervention; complaint; other pleadings.
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The intervention shall be by complaint, which shall set forth the facts on which the intervention rests, and all the pleadings therein shall be governed by the same rules as other pleadings provided for in Chapter 25. If such complaint is filed during term, the court shall direct…
Neb. Rev. Stat. § 25-3301 Act, how cited.
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Sections 25-3301 to 25-3309 shall be known and may be cited as the Nonrecourse Civil Litigation Act.
Neb. Rev. Stat. § 25-3302 Terms, defined.
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For purposes of the Nonrecourse Civil Litigation Act: (1) Civil litigation funding company means a person or entity that enters into a nonrecourse civil litigation funding transaction with a consumer; (2) Consumer means a person residing or domiciled in Nebraska or who elects to …
Neb. Rev. Stat. § 25-3303 Contracts for nonrecourse civil litigation funding; right to cancel; notice; statements required.
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(1) All contracts for nonrecourse civil litigation funding shall comply with the following requirements: (a) The contract shall be completely filled in and contain on the front page, appropriately headed and in at least twelve-point bold type, the following disclosures: (i) The t…
Neb. Rev. Stat. § 25-3304 Civil litigation funding company; prohibited acts.
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(1) The civil litigation funding company shall not pay or offer to pay commissions or referral fees to any attorney or employee of a law firm or to any medical provider, chiropractor, or physical therapist or their employees for referring a consumer to the civil litigation fundin…
Neb. Rev. Stat. § 25-3305 Assessment of fees; restrictions; calculations.
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(1) A civil litigation funding company may not assess fees for any period exceeding thirty-six months from the date of the contract with the consumer. (2) Fees assessed by the civil litigation funding company shall compound at least semiannually but shall not compound based on an…
Neb. Rev. Stat. § 25-3306 Effect of communication on privileges.
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No communication between the attorney and the civil litigation funding company as it pertains to the nonrecourse civil litigation funding contract shall limit, waive, or abrogate the scope or nature of any statutory or common-law privilege, including the work-product doctrine and…
Neb. Rev. Stat. § 25-3307 Civil litigation funding company; registration required; application; form; renewal.
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(1) Unless a civil litigation funding company has first registered pursuant to the Nonrecourse Civil Litigation Act, the civil litigation funding company cannot engage in the business of nonrecourse civil litigation funding. (2) A civil litigation funding company shall submit an …
Neb. Rev. Stat. § 25-3308 Registration fee; renewal fee.
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(1) An application for registration or renewal of registration under section 25-3307 shall be accompanied by either an application for registration fee or a renewal of registration fee, as applicable. (2) The Secretary of State may, by rule and regulation, establish fees for appl…
Neb. Rev. Stat. § 25-3309 Secretary of State; issue certificate of registration or renewal of registration; refusal to issue; grounds; suspend, revoke, or refuse renewal; temporary certificate; submission of data; contents; report.
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(1) The Secretary of State shall issue a certificate of registration to a civil litigation funding company who complies with subsection (2) of section 25-3307 or a renewal of registration under subsection (3) of section 25-3307. (2) The Secretary of State may refuse to issue a ce…
Neb. Rev. Stat. § 25-331 Third-party action; procedure.
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(1)(a) A defending party may, as a third-party plaintiff, serve a summons and complaint on a nonparty: (i) Who is or may be liable to the defending party for all or part of the claim against the defending party; or (ii) Whose negligence was or may have been a proximate cause of t…
Neb. Rev. Stat. § 25-3401 Prisoner; civil actions; in forma pauperis litigation; limitation; finding by court that action was frivolous.
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(1) For purposes of this section: (a) Civil action means a legal action seeking monetary damages, injunctive relief, declaratory relief, or any appeal filed in any court in this state that relates to or involves a prisoner's conditions of confinement. Civil action does not includ…