Chapter 25, COURTS; CIVIL PROCEDURE
1,151 sections in this chapter.
Neb. Rev. Stat. § 25-1222.01 Advance payment by person or corporation to injured person; not admission against interest; credit for payment; not admissible as evidence at trial.
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No advance payments or partial payment of damages made by an insurance company or other person, firm, trust, or corporation as an accommodation to an injured person or on his behalf to others or to the heirs at law or dependents of a deceased person made under any liability insur…
Neb. Rev. Stat. § 25-1223 Trial subpoena; deposition subpoena; issuance; statement required; by whom served; forms.
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(1) Upon the request of a party to a civil action or proceeding, a subpoena may be issued to command a person to testify at a trial or deposition. The term trial in reference to a subpoena includes a hearing at which testimony may be taken. (2) The clerk or a judge of the court i…
Neb. Rev. Stat. § 25-1224 Subpoena; to whom directed; production of documents, information, or tangible things; Supreme Court; powers.
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(1) A subpoena commanding a person to appear and testify at a trial or deposition may command that at the same time and place specified in the subpoena for the person to appear and testify, the person must produce designated documents, electronically stored information, or tangib…
Neb. Rev. Stat. § 25-1226 Subpoena; manner of service; time.
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(1) A subpoena for a trial or deposition may be served by personal service, which is made by leaving the subpoena with the person to be served, or by certified mail service, which is made by sending the subpoena by certified mail with a return receipt requested showing to whom an…
Neb. Rev. Stat. § 25-1227 Witnesses in civil cases; compulsory attendance; distance required to travel; fees and expenses allowed.
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(1) Witnesses in civil cases cannot be compelled to attend a trial out of the state where they are served or at a distance of more than one hundred miles from the place of their residence or from the place where they are served with a subpoena, unless within the same county. Witn…
Neb. Rev. Stat. § 25-1228 Trial subpoena; witness fee; return; cost.
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(1) The witness fee for one day's attendance must be served with a trial subpoena except when the subpoena is issued (a) at the request of an agency of state government or (b) pursuant to section 25-2304. (2) The person serving the subpoena shall make a return of service stating …
Neb. Rev. Stat. § 25-1229 Subpoena; disobedience; refusal to testify or sign deposition; contempt.
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Disobedience of a subpoena, or a refusal to be sworn, or to answer as a witness, or to subscribe a deposition, when lawfully ordered, may be punished as a contempt of the court or officer by whom his attendance or testimony is required.
Neb. Rev. Stat. § 25-1230 Subpoena; disobedience; attachment; undertaking; rule to show cause.
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When a witness fails to attend in obedience to a subpoena, except in case of a demand and failure to pay his or her fee, the court or officer before whom his or her attendance is required may issue an attachment to the sheriff or coroner of the county commanding him or her to arr…
Neb. Rev. Stat. § 25-1231 Subpoena; disobedience; refusal to testify or sign deposition; punishment of witness for contempt.
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The punishment for the contempt mentioned in section 25-1229 shall be as follows: When the witness fails to attend in obedience to the subpoena, except in case of a demand and failure to pay his fees, the court or officer may fine the witness in a sum not exceeding fifty dollars.…
Neb. Rev. Stat. § 25-1232 Subpoena; disobedience; attachment; commitment; form; to whom directed.
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Every attachment for the arrest or order of commitment to prison of a witness by a court or officer pursuant to sections 25-1230 and 25-1231 shall be under the seal of the court or officer, if he or she has an official seal, and shall specify particularly the cause of the arrest …
Neb. Rev. Stat. § 25-1233 Prisoner; examination; deposition; production order.
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(1) A person confined in any prison in this state shall, by order of any court of record, be produced for oral examination in the county where he or she is imprisoned. In all other cases his or her examination must be by deposition. (2) In civil matters, the court shall notify th…
Neb. Rev. Stat. § 25-1234 Prisoner; deposition; manner of taking.
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While a prisoner's deposition is being taken he shall remain in the custody of the officer having him in charge, who shall afford reasonable facilities for the taking of the deposition.
Neb. Rev. Stat. § 25-1235 Subpoena; nonresident witness; immunity from service of summons.
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A witness shall not be liable to be sued in a county in which he does not reside, by being served with a summons in such county, while going, returning or attending in obedience to a subpoena.
Neb. Rev. Stat. § 25-1237 Foreign jurisdiction; civil action; subpoena for discovery in Nebraska; powers.
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(1) When authorized by rules promulgated by the Supreme Court, the clerk of the district court may issue a subpoena for discovery in Nebraska for a civil proceeding pending in a foreign jurisdiction. Such a subpoena may command a person to testify at a deposition or command a non…
Neb. Rev. Stat. § 25-1238 Subpoena; witness avoiding service; powers of officer.
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If a witness conceals himself, or in any other manner attempts to avoid being personally served with a subpoena any sheriff or constable, having the subpoena, may use all necessary and proper means to serve the same, and for that purpose may break into any building or other place…
Neb. Rev. Stat. § 25-1239 Subpoena to party; failure to attend and testify; continuance; costs.
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In addition to the above remedies, if a party to a suit in his own right on being duly subpoenaed, failed to appear and give testimony, the other party may, at his option, have a continuance of the cause as in cases of other witnesses, and at the cost of the delinquent.
Neb. Rev. Stat. § 25-1240 Testimony; how taken.
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The testimony of witnesses may be taken in four modes: (1) By affidavit; (2) by deposition; (3) by oral examination; and (4) by videotape of an examination conducted prior to the time of trial for use at trial in accordance with procedures provided by law.
Neb. Rev. Stat. § 25-1241 Affidavit, defined.
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An affidavit is a written declaration under oath, made without notice to the adverse party.
Neb. Rev. Stat. § 25-1242 Deposition, defined.
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A deposition is a written declaration under oath or a videotape taken under oath in accordance with procedures provided by law, made upon notice to the adverse party for the purpose of enabling him to attend and cross-examine, or made upon written interrogatories.
Neb. Rev. Stat. § 25-1243 Oral examination, defined.
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An oral examination is an examination in the presence of the jury or tribunal which is to decide the fact or act upon it, the testimony being heard by the jury or tribunal from the lips of the witness.
Neb. Rev. Stat. § 25-1244 Affidavit; when used.
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An affidavit may be used to verify a pleading, to prove the service of a summons, notice or other process, in an action, to obtain a provisional remedy, an examination of a witness, a stay of proceedings, or upon a motion, and in any other case permitted by law.
Neb. Rev. Stat. § 25-1245 Affidavit; before whom made; attorney at law not disqualified.
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An affidavit may be made in and out of this state before any person authorized to take depositions, and must be authenticated in the same way. An attorney at law who is attorney for a party in any proceedings in any court of this state shall not be disqualified as the person befo…
Neb. Rev. Stat. § 25-1268 Discovery; delivery of copies of documents; refusal to deliver; penalty.
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Either party or his attorney, if required, shall deliver to the other party or his attorney, a copy of any deed, instrument or other writing whereon the action or defense is founded, or which he intends to offer in evidence at the trial. If the plaintiff or defendant shall refuse…
Neb. Rev. Stat. § 25-1273 Nonparty; discovery; subpoena; procedure.
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When the discovery rules promulgated by the Supreme Court authorize discovery from a nonparty without a deposition, a subpoena shall be issued by the clerk of the court before whom the action is pending upon request of a party. An attorney as an officer of the court may also issu…
Neb. Rev. Stat. § 25-1273.01 Rules of procedure.
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The Supreme Court shall promulgate rules of procedure for discovery in civil cases, which rules shall not be in conflict with laws governing such matters. Rules which provide for the admissibility of depositions shall not be considered as conflicting with the Nebraska Evidence Ru…
Neb. Rev. Stat. § 25-1274 Legal notices; proof of publication.
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Publications required by law to be made in a newspaper or on a statewide website established and maintained as a repository of public notices by a majority of Nebraska newspapers, may be proved by affidavit of any person having knowledge of the fact, specifying the time when and …
Neb. Rev. Stat. § 25-1275 Legal notices; proof of posting or service.
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The posting or service of any notice or other paper required by law may be proved by the affidavit of any competent witness, attached to a copy of said notice or paper, and made within six months of the time of such posting.
Neb. Rev. Stat. § 25-1276 Other facts required to be shown by affidavit; how proved.
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Any other fact which is required to be shown by affidavit, and which may be required for future use in any action or other proceeding, may be proved by pursuing the course indicated in sections 25-1274 and 25-1275, as nearly as the circumstances of the case will admit.
Neb. Rev. Stat. § 25-1277 Legal notices and other facts provable by affidavit; perpetuation of proof.
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Proof made as provided in sections 25-1274 to 25-1276, may be perpetuated and preserved for future use by filing the papers above mentioned in the office of the county judge, and the original affidavit appended to the notice or paper, if there be one, and if not the affidavit, by…
Neb. Rev. Stat. § 25-1278 Field notes or plat of county surveyor; when admissible.
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A copy of the field notes of any county surveyor, or a plat made by him and certified under oath as correct, may be received as evidence to show the shape or dimensions of a tract of land, or any other fact whose ascertainment requires only the exercise of scientific skill or cal…
Neb. Rev. Stat. § 25-1280 Official records; certified copies; duty of custodian to furnish; fees.
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Every state, county or political subdivision officer having the custody of a public record or writing is bound to give any person on demand a certified copy thereof on payment of the legal fees therefor. Where fees are not otherwise expressly provided by statute, the fee shall be…
Neb. Rev. Stat. § 25-1281 Official records; photographic copies; admissibility; destruction of original records.
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In all cases in which any instrument or document is required by law to be copied or recorded in any public record in any public office within the State of Nebraska, the officials having charge of the making of such records may employ the use of photographic processes for the repr…
Neb. Rev. Stat. § 25-1282 Official records; proof of lack of record.
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The certificate of a public officer that he has made diligent and ineffectual search for a paper in his office is of the same efficacy in all cases as if such officer had personally appeared and sworn to such facts.
Neb. Rev. Stat. § 25-1283 Land office receipts; effect as evidence.
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The usual duplicate receipt of the receiver of any land office, or, if that be lost or destroyed, or beyond the reach of the party, the certificate of such receiver that the books of his office show the sale of a tract of land to a certain individual is proof of title equivalent …
Neb. Rev. Stat. § 25-1284 Official records; signature of custodian; genuineness presumed, when.
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In the cases contemplated in sections 25-1280, 25-1282 and 25-1283, the signature of the officer shall be presumed to be genuine until the contrary is shown.
Neb. Rev. Stat. § 25-1285 Judicial records of Nebraska and federal courts; how proved.
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A judicial record of this state, or of any other federal court of the United States, may be proved by producing the original or a copy thereof, certified by the clerk or the clerk's designee or the person having the legal custody thereof, authenticated by his or her seal of offic…
Neb. Rev. Stat. § 25-1287 Records of justice of the peace; how proved.
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The official certificate of a justice of the peace of any of the United States, to any judgment, and the preliminary proceeding before him, supported by the official certificate of the clerk of any court of record within the county in which such justice resides, stating that he i…
Neb. Rev. Stat. § 25-1290 Legislative proceedings; how proved.
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The proceedings of the Legislature of this state, or any state of the Union, or of the United States, or of any foreign government, are proved by the journals of those bodies, respectively, or of either branch thereof, and either by copies officially certified by the clerk of the…
Neb. Rev. Stat. § 25-1292 Abstracts of title and title insurance policy; when used as evidence; certification.
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(1) Any party to a civil action who may desire to use in evidence at the trial any abstract of title to real estate shall, not less than seven days prior to the date of trial, notify the adverse party by written notice addressed to such party's counsel of record and deposit such …
Neb. Rev. Stat. § 25-1293 Public seal affixed to copy of written law or public writing; effect; unwritten law; how proved.
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The public seal of the state or county affixed to a copy of a written law or other public writing, is also admissible as evidence of such law or writing respectively; the unwritten law of any other state or government may be proved as fact by parol evidence, and also by the books…
Neb. Rev. Stat. § 25-1301 Judgment, rendition of judgment, entry of judgment, decree, or final order, defined; records; clerk; duties.
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(1) A judgment is the final determination of the rights of the parties in an action. (2) Rendition of a judgment is the act of the court, or a judge thereof, in signing a single written document stating all of the relief granted or denied in an action. (3) The entry of a judgment…
Neb. Rev. Stat. § 25-1301.01 Civil judgment or final order; duty of clerk; exception.
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Within three working days after the entry of any civil judgment or final order, except judgments by default when service has been obtained by publication or interlocutory orders styled as judgments, the clerk of the court shall send the judgment or final order by United States ma…
Neb. Rev. Stat. § 25-1303 Transcript of judgment to other county; effect.
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The transcript of a judgment of any district court in this state may be filed in the office of the clerk of the district court in any county. Such transcript, when so filed and entered on the judgment index, shall be a lien on the property of the debtor in any county in which suc…
Neb. Rev. Stat. § 25-1304 Decree for conveyance, release, or acquittance; effect.
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When any judgment or decree shall be rendered for a conveyance, release or acquittance, in any court of this state, and the party or parties against whom the judgment or decree shall be rendered do not comply therewith within the time mentioned in said judgment or decree, such ju…
Neb. Rev. Stat. § 25-1305 Federal court judgment; transcript to other county; effect.
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A transcript of any judgment or decree rendered in a circuit or district court of the United States within the State of Nebraska, may be filed in the office of the clerk of the district court in any county in this state. Such transcript, when so filed and entered on the judgment …
Neb. Rev. Stat. § 25-1306 Dissolution of lien; deposit; bond; appellate proceedings.
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In all cases wherein the judgment of any court, for payment of money only, which may be a general lien on property of the judgment debtor, and the debtor proposes to take proceedings in error or by appeal for review of such judgment, he may deposit in the court in which such judg…
Neb. Rev. Stat. § 25-1307 Dissolution of lien; disposition of deposit.
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If such judgment be affirmed, the money so deposited shall be paid to the judgment creditor, but if such judgment be reversed, the debtor may withdraw such deposit.
Neb. Rev. Stat. § 25-1308 Judgment upon failure to answer; procedure.
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If the taking of an account, or the proof of a fact, or the assessment of damages, be necessary to enable the court to pronounce judgment upon a failure to answer, or after a decision of an issue of law, the court may, with the assent of the party not in default, take the account…
Neb. Rev. Stat. § 25-1309 Right to confess judgment; creditor's assent necessary.
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Any person indebted, or against whom a cause of action exists, may personally appear, in a court of competent jurisdiction, and, with the assent of the creditor or person having such cause of action, confess judgment therefor, whereupon judgment shall be entered accordingly.
Neb. Rev. Stat. § 25-1310 Judgment by confession; contents.
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The debt or cause of action shall be briefly stated in the judgment, or in a writing to be filed as pleadings in other actions.