Chapter 25 — COURTS; CIVIL PROCEDURE
1,295 sections in this chapter.
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…
Repealed. Laws 1975, LB 279, § 75.
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[Repealed or reserved.]
Repealed. Laws 1951, c. 68, § 43.
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[Repealed or reserved.]
Repealed. Laws 1951, c. 68, § 43.
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[Repealed or reserved.]
Repealed. Laws 1951, c. 68, § 43.
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[Repealed or reserved.]
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…
Repealed. Laws 1975, LB 279, § 75.
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[Repealed or reserved.]
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. § 25-1286 Deleted.
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[Repealed or reserved.]
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…
Repealed. Laws 1975, LB 279, § 75.
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[Repealed or reserved.]
Repealed. Laws 1975, LB 279, § 75.
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[Repealed or reserved.]
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…
Repealed. Laws 1975, LB 279, § 75.
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[Repealed or reserved.]
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…
Repealed. Laws 1951, c. 68, § 43.
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[Repealed or reserved.]
Repealed. Laws 1951, c. 68, § 43.
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[Repealed or reserved.]
Repealed. Laws 1951, c. 68, § 43.
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[Repealed or reserved.]
Repealed. Laws 1951, c. 68, § 43.
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[Repealed or reserved.]
Repealed. Laws 1951, c. 68, § 43.
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[Repealed or reserved.]
Repealed. Laws 1951, c. 68, § 43.
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[Repealed or reserved.]
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…
Repealed. Laws 2000, LB 921, § 38.
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[Repealed or reserved.]
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.
Neb. Rev. Stat. § 25-1311 Enforcement of judgment.
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Such judgment shall authorize the same proceedings for its enforcement as judgments rendered in actions regularly brought and prosecuted; and the confession shall operate as a release of errors.
Neb. Rev. Stat. § 25-1312 Confession of judgment by attorney; warrant; requirements.
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Every attorney who shall confess judgment in any case, shall, at the time of making such confession, produce the warrant of attorney for making the same to the court before which he makes the confession; and the original or a copy of the warrant shall be filed with the clerk of t…
Neb. Rev. Stat. § 25-1313 Jury trial; judgment by court; entry of order.
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When a trial by jury has been had, judgment must be ordered by the court and entered upon the record in conformity to the verdict, unless it is special, or the court orders the case to be reserved for future argument or consideration.
Neb. Rev. Stat. § 25-1314 Entry of judgment by court; when required.
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Where the verdict is special, or where there has been a special finding on particular questions of fact, or where the court has ordered the case to be reserved, it shall order what judgment shall be entered.
Neb. Rev. Stat. § 25-1315 Multiple claims or parties; effect.
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(1) When more than one claim for relief is presented in an action, whether as a claim, counterclaim, cross-claim, or third-party claim, or when multiple parties are involved, the court may direct the entry of a final judgment as to one or more but fewer than all of the claims or …
Neb. Rev. Stat. § 25-1315.01 Motion for directed verdict; joinder; effect; requisites.
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A party who moves for a directed verdict at the close of the evidence offered by an opponent may offer evidence in the event that the motion is not granted, without having reserved the right to do so and to the same extent as if the motion had not been made. A motion for a direct…