Chapter 25, COURTS; CIVIL PROCEDURE
1,151 sections in this chapter.
Neb. Rev. Stat. § 25-1135 Reference in vacation; written consent required.
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A judge in vacation, upon the written consent of the parties, may make any order of reference which the court, of which he is a member, could make in term time. In such case, the order of reference shall be made on the written agreement of the parties to refer, and shall be filed…
Neb. Rev. Stat. § 25-1136 Referees; oath or affirmation.
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The referees must be sworn or affirmed well and faithfully to hear and examine the cause, and to make a just and true report therein according to the best of their understanding. The oath may be administered by any person authorized to take depositions.
Neb. Rev. Stat. § 25-1137 Referees; compensation.
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The referees shall be allowed such compensation for their services as the court may deem just and proper, which shall be taxed as a part of the costs in the case.
Neb. Rev. Stat. § 25-1138 Exception, defined.
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An exception is an objection taken to a decision of the court upon a matter of law.
Neb. Rev. Stat. § 25-1139 Taking and noting of exceptions; unnecessary, when.
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Every litigant in any court or in any proceeding to which he is a party before any judge, magistrate, referee, board or tribunal, shall be deemed and taken, both in the trial court and before such judge, magistrate, referee, board or tribunal as well on appeal or error therefrom,…
Neb. Rev. Stat. § 25-1140 Bill of exceptions; filing of request; further proceedings governed by rules of court.
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Upon appeal from the district court, the party appealing may order a bill of exceptions by filing in the office of the clerk of the district court a praecipe therefor within the time allowed for filing a notice of appeal. The procedure for preparation, settlement, signature, allo…
Neb. Rev. Stat. § 25-1140.08 Bill of exceptions; boards and tribunals; filing of request; further proceedings governed by rules of court.
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This section shall apply to all appeals and error proceedings where specific provision is not made by law for a bill of exceptions. Any reporter approved by the officer, board, or tribunal from which the appeal or error proceeding is taken may attend and record the trial or proce…
Neb. Rev. Stat. § 25-1140.09 Bill of exceptions; preparation; court reporter; fees; procedure for preparation; taxation of cost.
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On the application of the county attorney or any party to a suit in which a record of the proceedings has been made, upon receipt of the notice provided in section 29-2525, or upon the filing of a praecipe for a bill of exceptions by an appealing party in the office of the clerk …
Neb. Rev. Stat. § 25-1141 Testimony; repetition of objections unnecessary.
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Where an objection has once been made to the admission of testimony and overruled by the court it shall be unnecessary to repeat the same objection to further testimony of the same nature by the same witness in order to save the error, if any, in the ruling of the court whereby s…
Neb. Rev. Stat. § 25-1142 New trial, defined; grounds.
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A new trial is a reexamination in the same court of an issue of fact after a verdict by a jury, report of a referee, or a trial and decision by the court. The former verdict, report, or decision shall be vacated and a new trial granted on the application of the party aggrieved fo…
Neb. Rev. Stat. § 25-1144 New trial; motion; form.
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The application for a new trial shall be by motion, upon written grounds, filed at the time of making the motion. It shall be sufficient, however, in assigning the grounds of the motion to assign the same in the language of the statute and without further or other particularity. …
Neb. Rev. Stat. § 25-1144.01 New trial; motion; when filed; filing before entry of judgment; treatment.
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A motion for a new trial shall be filed no later than ten days after the entry of the judgment. A motion for a new trial filed after the announcement of a verdict or decision but before the entry of judgment shall be treated as filed after the entry of judgment and on the day the…
Neb. Rev. Stat. § 25-1146 Damages.
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Whenever damages are recoverable, the plaintiff may claim and recover any rate of damages to which he may be entitled for the cause of action established.
Neb. Rev. Stat. § 25-1147 Actions; when triable.
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Actions shall be triable at the first term of the court after the issues therein, by the times fixed for pleading, are or should have been made up; and when by the times fixed for pleading, the issues are or should have been made up during a term, such action shall be triable at …
Neb. Rev. Stat. § 25-1148 Continuance or adjournment of causes pending; motion; affidavits; oral testimony; order; effect.
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Whenever application for continuance or adjournment is made by a party or parties to any cause or proceeding pending in the district court of any county, such application shall be by written motion entitled in the cause or proceeding and setting forth the grounds upon which the a…
Neb. Rev. Stat. § 25-1149 Issues; order in which tried; time of hearing.
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The trial of an issue of fact and the assessment of damages in any case shall be in the order in which they are placed on the trial docket, unless by consent of parties or the order of the court they are continued, placed at the heel of the trial docket, or temporarily postponed.…
Neb. Rev. Stat. § 25-1154 Legislative purpose and findings.
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The purpose of sections 25-1154 to 25-1157 is to provide an alternate dispute resolution technique, to be known as the summary jury trial, for use by the parties to civil court actions. The Legislature finds that the procedures set forth in such sections will save valuable court …
Neb. Rev. Stat. § 25-1155 Motion; when granted; contents.
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In any civil action, the district court may grant a summary jury trial upon the written motion of all parties or their oral motion in court entered upon the record. The motion for summary jury trial may contain a stipulation of the parties concerning the use or effect of the summ…
Neb. Rev. Stat. § 25-1156 Trial; how conducted.
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Summary jury trials shall be conducted in the same manner as any other trial by jury under Chapter 25, article 11, with the following exceptions: (1) A six-person jury shall be selected from persons whose names appear on the jury list and who qualify as jurors. Examination of the…
Neb. Rev. Stat. § 25-1157 Trial; use of verdict; records; not required.
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Summary jury trials shall not result in a final determination on the merits and shall not be appealable. Neither the fact of the holding of a summary jury trial nor the jurors' verdict nor the presentations by the parties shall be admissible as evidence in any subsequent trial of…
Neb. Rev. Stat. § 25-12,101 Judicial notice.
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Every court of this state shall take judicial notice of the common law and statutes of every state, territory and other jurisdiction of the United States.
Neb. Rev. Stat. § 25-12,102 Information of the court.
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The court may inform itself of such laws in such manner as it may deem proper, and the court may call upon counsel to aid it in obtaining such information.
Neb. Rev. Stat. § 25-12,103 Ruling reviewable.
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The determination of such laws shall be made by the court and not by the jury, and shall be reviewable.
Neb. Rev. Stat. § 25-12,104 Evidence as to laws of other jurisdictions.
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Any party may also present to the trial court any admissible evidence of such laws, but, to enable a party to offer evidence of the law in another jurisdiction or to ask that judicial notice be taken thereof, reasonable notice shall be given to the adverse parties either in the p…
Neb. Rev. Stat. § 25-12,105 Foreign country.
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The law of a jurisdiction other than those referred to in section 25-12,101 shall be an issue for the court, but shall not be subject to the foregoing provisions concerning judicial notice.
Neb. Rev. Stat. § 25-12,106 Interpretation.
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Sections 25-12,101 to 25-12,107 shall be so interpreted and construed as to effectuate their general purpose to make uniform the law of those states which enact them.
Neb. Rev. Stat. § 25-12,107 Short title.
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Sections 25-12,101 to 25-12,107 may be cited as the Uniform Judicial Notice of Foreign Law Act.
Neb. Rev. Stat. § 25-12,112 Admissibility of reproduced records in evidence; destruction of records; approval.
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If any business, institution, member of a profession or calling, or department or agency of government in the regular course of business or activity has kept or recorded any memorandum, writing, entry, print, representation, or combination thereof of any act, transaction, occurre…
Neb. Rev. Stat. § 25-12,113 Sections, how construed.
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Sections 25-12,112 to 25-12,114 shall be so interpreted and construed as to effectuate their general purpose of making uniform the law of those states which enact them.
Neb. Rev. Stat. § 25-12,114 Act, how cited.
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Sections 25-12,112 to 25-12,114 may be cited as the Uniform Photographic Copies of Business and Public Records as Evidence Act.
Neb. Rev. Stat. § 25-12,115 Report or finding admissible.
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A written report or finding of facts prepared by an expert not being a party to the cause, nor an employee of a party, except for the purpose of making such report or finding, nor financially interested in the result of the controversy, and containing the conclusions resulting wh…
Neb. Rev. Stat. § 25-12,116 Cross-examination by adverse party.
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Any person who has furnished information on which such report or finding is based may be cross-examined by the adverse party, but the fact that his testimony is not obtainable shall not render the report or finding inadmissible, unless the trial court finds that substantial injus…
Neb. Rev. Stat. § 25-12,117 Notice; copy of report or finding.
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Such report or finding shall not be admissible unless the party offering it shall have given notice to the adverse party a reasonable time before trial of his intention to offer it, together with a copy of the report or finding, or so much thereof as may relate to the controversy…
Neb. Rev. Stat. § 25-12,118 Sections, how construed.
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Sections 25-12,115 to 25-12,119 shall be so interpreted and construed as to effectuate their general purpose to make uniform the law of those states which enact them.
Neb. Rev. Stat. § 25-12,119 Act, how cited.
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Sections 25-12,115 to 25-12,119 may be cited as the Uniform Composite Reports as Evidence Act.
Neb. Rev. Stat. § 25-12,120 Hospital records; examination and inspection; presumption of consent; hospital medical staff committee; hospitalization utilization committee.
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From and after October 23, 1967, in the interest of public health and the improvement of patient medical and hospital care and in the interest of effective utilization of hospital facilities it shall be conclusively presumed that all persons hospitalized in any hospital in the St…
Neb. Rev. Stat. § 25-12,121 Hospital medical staff committee; hospital utilization committee; extended care facility utilization committee; recommendations or orders; liability for damages.
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No hospital medical staff committee or hospital utilization committee or extended care facility utilization committee or any member or agent of any such committee shall be held legally liable for damages or other relief to any patient or to any person or organization in behalf of…
Neb. Rev. Stat. § 25-12,123 Peer review committee; proceedings and records; testimony; use in civil actions; limitation.
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The proceedings and records of a peer review committee of a state or local association or society composed of health practitioners licensed pursuant to the Uniform Credentialing Act shall be held in confidence and shall not be subject to discovery or introduction into evidence in…
Neb. Rev. Stat. § 25-12,124 Statement, defined.
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As used in sections 25-12,124 to 25-12,126, unless the context otherwise requires, statement shall mean a recorded or written account of the facts out of which an injury arose given by the injured person to a person having an adverse interest. Statement shall not include (1) insu…
Neb. Rev. Stat. § 25-12,125 Rebuttable presumption; when.
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(1) There shall be a rebuttable presumption that any statement secured from an injured person by an adverse person at any time within thirty days after such injuries were sustained shall have been taken under duress for purposes of a trial of any action for damages for injuries s…
Neb. Rev. Stat. § 25-12,126 Sections, how construed.
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Nothing in sections 25-12,124 to 25-12,126 shall be construed to supersede, abrogate, or limit any common-law remedies available to any injured person who has given a statement.
Neb. Rev. Stat. § 25-1209 Witnesses; answer subjecting to civil liability; not privileged.
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A witness is not excused from answering a question upon the mere ground that he would be thereby subject to a civil liability.
Neb. Rev. Stat. § 25-1210 Witnesses; answer subjecting to criminal liability; disgracing answer; privilege.
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When the matter sought to be elicited would tend to render the witness criminally liable or to expose him or her to public ignominy, the witness is not compelled to answer, except as provided in section 27-609.
Neb. Rev. Stat. § 25-1211 Witnesses; credibility; impeachment.
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Facts which have heretofore caused the exclusion of testimony, may still be shown for the purpose of lessening its credibility.
Neb. Rev. Stat. § 25-1213 Notarial protest as evidence of dishonor; bill of exchange or promissory note.
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The usual protest by a notary public, without proof of his signature or notarial seal, is evidence of the dishonor and notice of a bill of exchange or promissory note.
Neb. Rev. Stat. § 25-1216 Evidence; instrument; written and printed matter; writing controls.
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When an instrument consists partly of written and partly of printed form, the former controls the latter, where the two are inconsistent.
Neb. Rev. Stat. § 25-1217 Agreements; construction of terms.
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When the terms of an agreement have been intended in a different sense by the parties to it, that sense is to prevail against either party in which he had reason to suppose the other understood it.
Neb. Rev. Stat. § 25-1218 Works of history, science, or art; presumptive evidence.
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Historical works, books of science or art, and published maps or charts, when made by persons indifferent between the parties, are presumptive evidence of facts of general notoriety or interest.
Neb. Rev. Stat. § 25-1220 Handwriting; proof by comparison; experts; jury.
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Evidence respecting handwriting may be given by comparisons made, by experts or by the jury, with writing of the same person which is proved to be genuine.
Neb. Rev. Stat. § 25-1222 Private writing; when admissible without proof.
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Every private writing, except a last will and testament, after being acknowledged or proved and certified in the manner prescribed for the proof or acknowledgment of conveyances of real property, may be read in evidence without further proof.