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1,151 sections in this chapter.
Neb. Rev. Stat. § 25-520.01 Service by publication; mailing of published notice; requirements; waiver; when mailing not required.
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(1) Except as provided in subsection (3) of this section, in any action or proceeding of any kind or nature, as defined in section 25-520.02, where a notice by publication is given as authorized by law, a party instituting or maintaining the action or proceeding with respect to n…
Neb. Rev. Stat. § 25-520.02 Action or proceeding, defined.
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The term action or proceeding means all actions and proceedings in any court and any action or proceeding before the governing bodies of municipal corporations, public corporations, and political subdivisions for the equalization of special assessments or assessing the cost of an…
Neb. Rev. Stat. § 25-520.03 Sections, how construed.
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Sections 25-520.01 to 25-520.03 are intended by the Legislature to be cumulative and supplemental to existing legislation. They are deemed to be a matter of general statewide concern. Such sections apply to all parties authorized by law to give notice by publication, including th…
Neb. Rev. Stat. § 25-522 Service by publication; designation of newspaper.
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It shall be the lawful right of any plaintiff or petitioner in any suit, action or proceeding, pending or prosecuted in any of the courts of this state, in which it is necessary to publish in a newspaper any notice or copy of an order, growing out of, or connected with, such acti…
Neb. Rev. Stat. § 25-523 Legal and other official notices; publication; legal newspaper; requirements; prior publications legalized.
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(1) For purposes of this section: (a) Digital newspaper means an Internet website that: (i) Employs staff in the county from which the digital newspaper is published online; (ii) Has at least three hundred paid subscribers if located in a city of the metropolitan class or city of…
Neb. Rev. Stat. § 25-525 Judgment on constructive service; how opened; procedure.
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A party against whom a judgment or order has been rendered without other service than by publication in a newspaper may, at any time within five years after the date of entry of the judgment or order, have the same opened to allow the applicant to appear in court and make a defen…
Neb. Rev. Stat. § 25-527 Procedure when defendants not all served.
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Where the action is against two or more defendants, and one or more shall have been served, but not all of them, the plaintiff may proceed as follows: (1) If the action be against defendants jointly indebted upon contract, he may proceed against the defendant served, unless the c…
Neb. Rev. Stat. § 25-528 Personal service upon appointed resident agent; appointment invalidates constructive service, when.
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It shall be lawful for any person, association or corporation, owning or claiming any interest in or lien upon any real estate lying within this state, to make and file in the office of the register of deeds of the county in which such real estate is situated an appointment, in w…
Neb. Rev. Stat. § 25-529 Personal service upon appointed resident agent; appointment; recording and indexing; fees.
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The register of deeds of each county shall record such appointment as shall be filed under the provisions of section 25-528 and any revocation thereof in the Miscellaneous Record, shall enter such instruments in the numerical index against the lands described therein, and shall b…
Neb. Rev. Stat. § 25-530.08 Company, firm, or unincorporated association; appointment of agent; execution on judgment; fees.
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When a company, firm, or unincorporated association described in section 25-313 has its principal place of business or activity outside of this state and does not have a usual place of doing business or activity within the state or a clerk or general agent within the state, such …
Neb. Rev. Stat. § 25-531 Lis pendens; notice; where filed; contents; recording; cancellation; filing fee.
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When the summons has been served or publication made, the action is pending so as to charge third persons with notice of pendency. While the action is pending no interest can be acquired by third persons in the subject matter thereof, as against the plaintiff's title. In all acti…
Neb. Rev. Stat. § 25-532 Notice of judgment when property situated in more than one county.
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When any part of the real property, the subject matter of an action, is situated in any other county or counties than the one in which the action is brought, a certified copy of the judgment in such action must be recorded in the clerk's office of such other county or counties be…
Neb. Rev. Stat. § 25-533 Attachment and execution issued from another county; sheriff file notice.
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No levy of attachment or execution on real estate issued from any other county shall be notice to a subsequent vendee or encumbrancer in good faith, unless the sheriff has filed a notice on the record that the land, describing it, has been so attached or levied on, the cause in w…
Neb. Rev. Stat. § 25-534 Order, motion, or notice; service; delivery.
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Whenever in any action or proceeding, any order, motion, notice, or other document, except a summons, is required by statute or rule of the Supreme Court to be served upon or given to any party, the service or delivery shall be made in accordance with the rules of pleading in civ…
Neb. Rev. Stat. § 25-535 Person, defined.
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As used in sections 25-535 to 25-541, person includes an individual, executor, administrator, personal representative, corporation, partnership, limited liability company, association, or other legal or commercial entity, whether or not a citizen or domiciliary of this state and …
Neb. Rev. Stat. § 25-536 Jurisdiction over a person.
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A court may exercise personal jurisdiction over a person: (1) Who acts directly or by an agent, as to a cause of action arising from the person: (a) Transacting any business in this state; (b) Contracting to supply services or things in this state; (c) Causing tortious injury by …
Neb. Rev. Stat. § 25-537 Service outside state.
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When the exercise of personal jurisdiction is authorized by sections 25-535 to 25-541, service may be made outside this state.
Neb. Rev. Stat. § 25-538 Action in another forum; stay or dismissal of action.
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When the court finds that in the interest of substantial justice the action should be heard in another forum, the court may stay or dismiss the action in whole or in part on any conditions that may be just.
Neb. Rev. Stat. § 25-539 Jurisdiction authorized.
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A court of this state may exercise jurisdiction on any other basis authorized by law.
Neb. Rev. Stat. § 25-540 Service outside state; manner.
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(1) When the law of this state authorizes service outside this state, the service, when reasonably calculated to give actual notice, may be made: (a) In the manner prescribed for service within this state; (b) In the manner prescribed by the law of the place in which the service …
Neb. Rev. Stat. § 25-541 Sections, how construed.
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Sections 25-535 to 25-541 do not repeal or modify any other law of this state permitting another procedure for service.
Neb. Rev. Stat. § 25-542 Service of process; applicability.
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Unless specifically provided to the contrary or the context otherwise requires, the provisions of Chapter 25, article 5, on service of process, as such provisions may from time to time be amended, shall apply to all civil proceedings in all courts of this state and to all proceed…
Neb. Rev. Stat. § 25-601 Dismissal without prejudice.
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An action may be dismissed without prejudice to a future action (1) by the plaintiff, before the final submission of the case to the jury, or to the court where the trial is by the court; (2) by the court where the plaintiff fails to appear at the trial; (3) by the court for want…
Neb. Rev. Stat. § 25-602 Dismissal without prejudice; by plaintiff in vacation; exceptions; payment of costs.
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The plaintiff in any case pending in the district court or Supreme Court of the state, when no counterclaim or setoff has been filed by the opposite party, has the right in the vacation of any of such courts to dismiss such action without prejudice, upon payment of costs, which d…
Neb. Rev. Stat. § 25-603 Dismissal without prejudice; trial on setoff or counterclaim.
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In any case where a setoff or counterclaim has been presented, the defendant shall have the right of proceeding to the trial of his claim, although the plaintiff may have dismissed the action or failed to appear.
Neb. Rev. Stat. § 25-701 Joinder of claims.
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A party asserting a claim to relief as an original claim, counterclaim, cross-claim, or third-party claim may join, either as independent or as alternate claims, as many claims, legal or equitable, as the party has against an opposing party.
Neb. Rev. Stat. § 25-703 Consolidation of actions; motion and notice.
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Whenever two or more actions are pending in the same court which might have been joined, the defendant may, on motion and notice to the adverse party, require him to show cause why the same shall not be consolidated, and if no such cause be shown, the said several actions shall b…
Neb. Rev. Stat. § 25-704 Consolidation of actions; order.
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The order for consolidation may be made by the court or by a judge thereof in vacation.
Neb. Rev. Stat. § 25-705 Joinder; procedures; misjoinder.
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(1) This section applies when an action involves multiple parties or more than one cause of action. (2) A plaintiff or defendant need not be interested in obtaining or defending against all the relief demanded. Judgment may be given for one or more of the plaintiffs according to …
Neb. Rev. Stat. § 25-801.01 Rules of pleading; Supreme Court; promulgate.
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(1) By January 1, 2003, the Supreme Court shall have rules of pleading in civil actions promulgated which are not in conflict with the statutes governing such matters. (2) For all civil actions filed on or after January 1, 2003: (a) The rules of pleading promulgated by the Suprem…
Neb. Rev. Stat. § 25-824 Pleadings; use in other actions; frivolous pleading; effect; effect of signature; frivolous actions; award of attorney's fees and costs; political subdivisions.
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(1) A pleading shall not be used against a party in any criminal prosecution or action or proceeding for a penalty or forfeiture as proof of a fact admitted or alleged in such pleading. If a pleading is frivolous or made in bad faith, it may be stricken. The signature of a party …
Neb. Rev. Stat. § 25-824.01 Frivolous actions; attorney's fees; costs; determination of amount.
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In determining the amount of a cost or an attorney's fee award pursuant to subsection (2) of section 25-824, the court shall exercise its sound discretion. When granting an award of costs and attorney's fees, the court shall specifically set forth the reasons for such award and s…
Neb. Rev. Stat. § 25-824.02 Frivolous actions; actual attorney's fee; effect of award; stipulations authorized.
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Nothing in sections 25-824 to 25-824.03 shall be construed to prevent an attorney and his or her client from negotiating the actual fee which the client is to pay the attorney. Nothing in such sections shall be intended to limit the authority of the court to approve written stipu…
Neb. Rev. Stat. § 25-824.03 Frivolous actions; applicability of sections.
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Sections 25-824 to 25-824.03 shall apply unless attorney's fees are otherwise specifically provided by law, in which case the provision allowing the greater award shall prevail.
Neb. Rev. Stat. § 25-839 Libel or slander; how sufficiently pleaded; burden of proof.
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In an action for a libel or slander it shall be sufficient to state, generally, that the defamatory matter was published or spoken of the plaintiff, and if the allegation be denied, the plaintiff must prove on the trial the facts, showing that the defamatory matter was published …
Neb. Rev. Stat. § 25-840 Libel or slander; truth as defense; effect of actual malice.
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In the actions mentioned in section 25-839, the defendant may allege the truth of the matter charged as defamatory, prove the same and any mitigating circumstances to reduce the amount of damages, or prove either. The truth in itself and alone shall be a complete defense unless i…
Neb. Rev. Stat. § 25-840.01 Libel; invasion of privacy; damages; retraction; effect.
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(1) In an action for damages for the publication of a libel or for invasion of privacy as provided by section 20-204 by any medium, the plaintiff shall recover no more than special damages unless correction was requested as herein provided and was not published. Within twenty day…
Neb. Rev. Stat. § 25-840.02 Broadcasting stations; liability.
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(1) The owner, licensee, or operator of a visual or sound radio broadcasting station or network of stations, and the agents or employees of any such owner, licensee, or operator, shall not be liable for any damages for any defamatory statement published or uttered in or as a part…
Neb. Rev. Stat. § 25-901 Offer of judgment before trial; procedure; effect.
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The defendant in an action for the recovery of money only may, at any time before the trial, serve upon the plaintiff or the plaintiff's attorney an offer in writing to allow judgment to be taken against the defendant for the sum specified therein. If the plaintiff accepts the of…
Neb. Rev. Stat. § 25-902 Offer of judgment; no cause for continuance or postponement.
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The making of an offer pursuant to the provisions contained in section 25-901 shall not be a cause for a continuance of an action, or a postponement of a trial.
Neb. Rev. Stat. § 25-903 Submitting controversy without action; procedure.
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Parties to a question which might be the subject of a civil action may without action agree upon a case containing the facts upon which the controversy depends, and present a submission of the same to any court which would have jurisdiction if an action had been brought. But it m…
Neb. Rev. Stat. § 25-904 Record; what constitutes.
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The case, the submission and the judgment shall constitute the record.
Neb. Rev. Stat. § 25-905 Judgment; effect.
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The judgment shall be with costs, may be enforced, and shall be subject to reversal, in the same manner as if it had been rendered in an action, unless otherwise provided in the submission.
Neb. Rev. Stat. § 25-906 Confession of judgment after action brought; effect.
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After an action for the recovery of money is brought, the defendant may offer in court to confess judgment for part of the amount claimed, or part of the causes involved in the action. Whereupon, if the plaintiff, being present, refuses to accept such confession of judgment in fu…
Neb. Rev. Stat. § 25-907 Confession of judgment before action brought; effect.
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Before an action for the recovery of money is brought against any person, he may go into the court of the county of his residence, or of that in which the person having the cause of action resides, which would have jurisdiction of the action, and offer to confess judgment in favo…
Neb. Rev. Stat. § 25-908 Motion, defined.
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A motion is an application for an order addressed to the court or a judge in vacation, by any party to a suit or proceeding, or one interested therein.
Neb. Rev. Stat. § 25-909 Motion; several objects authorized.
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Several objects may be included in the same motion, if they all grow out of or are connected with the action or proceeding in which it is made.
Neb. Rev. Stat. § 25-910 Notice of motion; contents.
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Where notice of a motion is required, it must be in writing and shall state (1) the names of the parties to the action or proceeding in which it is to be made, (2) the name of the court or judge before whom it is to be made, (3) the place where and the day on which it will be hea…
Neb. Rev. Stat. § 25-913 Motion to strike pleadings and papers from files; notice, when.
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Motions to strike pleadings and papers from the files may be made with or without notice, as the court or judge shall direct.
Neb. Rev. Stat. § 25-914 Order, defined.
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Every direction of a court or judge, made or entered in writing and not included in a judgment, is an order.