Chapter 25 — COURTS; CIVIL PROCEDURE
1,295 sections in this chapter.
Neb. Rev. Stat. § 25-1315.02 Motion for directed verdict at close of evidence; effect; filing before entry of judgment; treatment; motion to set aside verdict or judgment; power of court.
1.4K chars
Whenever a motion for a directed verdict made at the close of all the evidence is denied or for any reason is not granted, the court is deemed to have submitted the action to the jury subject to a later determination of the legal questions raised by the motion. No later than ten …
Neb. Rev. Stat. § 25-1315.03 Order for directed verdict or for new trial; appeal.
0.6K chars
An order entering judgment as provided in section 25-1315.02 or granting or denying a new trial is an appealable order. The time for and manner of taking such appeal shall be as in an appeal from a judgment, decree, or final order of the district court in a civil action. On appea…
Neb. Rev. Stat. § 25-1316 Judgment upon counterclaim or setoff.
0.3K chars
If a counterclaim or setoff established at the trial exceeds the plaintiff's claim so established, judgment for the defendant must be given for the excess; or, if it appears that the defendant is entitled to any affirmative relief, judgment should be given therefor.
Neb. Rev. Stat. § 25-1317 Judgment or order; infant's right reserved.
0.4K chars
It shall not be necessary to reserve, in a judgment or order, the right of an infant to show cause against it after his attaining twenty years of age; but in any case in which, but for this section, such reservation would have been proper, the infant, within one year after arrivi…
Neb. Rev. Stat. § 25-1318 Judgments and orders; record.
0.1K chars
All judgments and orders must be entered on the record of the court and specify clearly the relief granted or order made in the action.
Repealed. Laws 2018, LB193, § 97.
0.0K chars
[Repealed or reserved.]
Repealed. Laws 2018, LB193, § 97.
0.0K chars
[Repealed or reserved.]
Repealed. Laws 2018, LB193, § 97.
0.0K chars
[Repealed or reserved.]
Repealed. Laws 2018, LB193, § 97.
0.0K chars
[Repealed or reserved.]
Repealed. Laws 2011, LB 17, § 8.
0.0K chars
[Repealed or reserved.]
Repealed. Laws 2011, LB 17, § 8.
0.0K chars
[Repealed or reserved.]
Repealed. Laws 2011, LB 17, § 8.
0.0K chars
[Repealed or reserved.]
Neb. Rev. Stat. § 25-1326 Judicial sale; conveyance of land by master commissioner; when allowed; postponement of sale; notice.
1.1K chars
(1) Real property may be conveyed by a master commissioner when (a) by an order or judgment in an action or a proceeding a party is ordered to convey such property to another and he or she neglects or refuses to comply with such order or judgment or (b) specific real property is …
Neb. Rev. Stat. § 25-1327 Judicial sale; sheriff as master commissioner.
0.2K chars
A sheriff may act as a master commissioner under subdivision (1)(b) of section 25-1326. Sales made under such subdivision shall conform in all respects to the laws regulating sales of land upon execution.
Neb. Rev. Stat. § 25-1328 Judicial sale; deed of commissioner; form and execution.
0.2K chars
The deed of a master commissioner shall contain the like recital and shall be executed, acknowledged and recorded in the same manner as the deed of a sheriff of real property sold under execution.
Neb. Rev. Stat. § 25-1329 Motion; when filed; filing before entry of judgment; treatment.
0.3K chars
A motion to alter or amend a judgment shall be filed no later than ten days after the entry of the judgment. A motion to alter or amend a judgment filed after the announcement of a verdict or decision but before the entry of judgment shall be treated as filed after the entry of j…
Neb. Rev. Stat. § 25-1330 Claimant; right to move for summary judgment.
0.4K chars
A party seeking to recover in district court upon a claim, counterclaim, or cross-claim or to obtain a declaratory judgment may, at any time after the expiration of thirty days from the service of process on the opposing party or after service of a motion for summary judgment by …
Neb. Rev. Stat. § 25-1331 Defending party; right to move for summary judgment.
0.2K chars
A party against whom a claim, counterclaim, or cross-claim is asserted or a declaratory judgment is sought may, at any time, move with or without supporting affidavits for a summary judgment in his favor as to all or any part thereof.
Neb. Rev. Stat. § 25-1332 Motion for summary judgment; proceedings.
1.7K chars
(1) The motion shall be served at least ten days before the time fixed for the hearing. The adverse party prior to the day of hearing may serve opposing affidavits. The judgment sought shall be rendered forthwith if the pleadings and the evidence admitted at the hearing show that…
Neb. Rev. Stat. § 25-1333 Case not fully adjudicated on motion.
0.8K chars
If on motion under sections 25-1330 to 25-1336 judgment is not rendered upon the whole case or for all the relief asked and a trial is necessary, the court at the hearing of the motion, by examining the pleadings and the evidence before it and by interrogating counsel, shall if p…
Neb. Rev. Stat. § 25-1334 Form of affidavits; further testimony.
0.5K chars
Supporting and opposing affidavits shall be made on personal knowledge, shall set forth such facts as would be admissible in evidence, and shall show affirmatively that the affiant is competent to testify to the matters stated therein. Sworn or certified copies of all papers or p…
Neb. Rev. Stat. § 25-1335 Party unable to justify opposition by affidavit; refusal of order; continuance.
0.4K chars
Should it appear from the affidavits of a party opposing the motion that he cannot for reasons stated present by affidavit facts essential to justify his opposition, the court may refuse the application for judgment or may order a continuance to permit affidavits to be obtained o…
Neb. Rev. Stat. § 25-1336 Affidavit made in bad faith.
0.5K chars
Should it appear to the satisfaction of the court at any time that any of the affidavits presented pursuant to sections 25-1330 to 25-1336 are presented in bad faith or solely for the purpose of delay, the court shall forthwith order the party employing them to pay to the other p…
Neb. Rev. Stat. § 25-1337 Short title.
0.1K chars
Sections 25-1337 to 25-1348 shall be known and may be cited as the Uniform Foreign-Country Money Judgments Recognition Act.
Neb. Rev. Stat. § 25-1338 Definitions.
0.6K chars
In the Uniform Foreign-Country Money Judgments Recognition Act: (1) Foreign country means a government other than: (A) the United States; (B) a state, district, commonwealth, territory, or insular possession of the United States; or (C) any other government with regard to which t…
Neb. Rev. Stat. § 25-1339 Applicability.
0.9K chars
(a) Except as otherwise provided in subsection (b) of this section, the Uniform Foreign-Country Money Judgments Recognition Act applies to a foreign-country judgment to the extent that the judgment: (1) grants or denies recovery of a sum of money; and (2) under the law of the for…
Neb. Rev. Stat. § 25-1340 Standards for recognition of foreign-country judgment.
2.0K chars
(a) Except as otherwise provided in subsections (b) and (c) of this section, a court of this state shall recognize a foreign-country judgment to which the Uniform Foreign-Country Money Judgments Recognition Act applies. (b) A court of this state may not recognize a foreign-countr…
Neb. Rev. Stat. § 25-1341 Personal jurisdiction.
1.5K chars
(a) A foreign-country judgment may not be refused recognition for lack of personal jurisdiction if: (1) the defendant was served with process personally in the foreign country; (2) the defendant voluntarily appeared in the proceeding, other than for the purpose of protecting prop…
Neb. Rev. Stat. § 25-1342 Procedure for recognition of foreign-country judgment.
0.4K chars
(a) If recognition of a foreign-country judgment is sought as an original matter, the issue of recognition shall be raised by filing an action seeking recognition of the foreign-country judgment. (b) If recognition of a foreign-country judgment is sought in a pending action, the …
Neb. Rev. Stat. § 25-1343 Effect of recognition of foreign-country judgment.
0.6K chars
If the court in a proceeding under section 25-1342 finds that the foreign-country judgment is entitled to recognition under the Uniform Foreign-Country Money Judgments Recognition Act then, to the extent that the foreign-country judgment grants or denies recovery of a sum of mone…
Neb. Rev. Stat. § 25-1344 Stay of proceedings pending appeal of foreign-country judgment.
0.3K chars
If a party establishes that an appeal from a foreign-country judgment is pending or will be taken, the court may stay any proceedings with regard to the foreign-country judgment until the appeal is concluded, the time for appeal expires, or the appellant has had sufficient time t…
Neb. Rev. Stat. § 25-1345 Statute of limitations.
0.3K chars
An action to recognize a foreign-country judgment must be commenced within the earlier of the time during which the foreign-country judgment is effective in the foreign country or fifteen years from the date that the foreign-country judgment became effective in the foreign countr…
Neb. Rev. Stat. § 25-1346 Uniformity of interpretation.
0.2K chars
In applying and construing the Uniform Foreign-Country Money Judgments Recognition Act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.
Neb. Rev. Stat. § 25-1347 Saving clause.
0.2K chars
The Uniform Foreign-Country Money Judgments Recognition Act does not prevent the recognition under principles of comity or otherwise of a foreign-country judgment not within the scope of the Uniform Foreign-Country Money Judgments Recognition Act.
Neb. Rev. Stat. § 25-1348 Act; applicability.
0.2K chars
The Uniform Foreign-Country Money Judgments Recognition Act applies to all actions commenced on or after August 28, 2021, in which the issue of recognition of a foreign-country judgment is raised.
Neb. Rev. Stat. § 25-1349 Short title.
0.1K chars
Sections 25-1349 to 25-1359 shall be known and may be cited as the Uniform Registration of Canadian Money Judgments Act.
Neb. Rev. Stat. § 25-1350 Definitions.
0.3K chars
In the Uniform Registration of Canadian Money Judgments Act: (1) Canada means the sovereign nation of Canada and its provinces and territories. Canadian has a corresponding meaning. (2) Canadian judgment means a judgment of a court of Canada, other than a judgment that recognizes…
Neb. Rev. Stat. § 25-1351 Applicability.
0.7K chars
(a) The Uniform Registration of Canadian Money Judgments Act applies to a Canadian judgment to the extent the judgment is within the scope of section 25-1339, if recognition of the judgment is sought to enforce the judgment. (b) A Canadian judgment that grants both recovery of a …
Neb. Rev. Stat. § 25-1352 Registration of Canadian judgment.
8.8K chars
(a) A person seeking recognition of a Canadian judgment described in section 25-1351 to enforce the judgment may register the judgment in the office of the clerk of a court in which an action for recognition of the judgment could be filed under section 25-1342. (b) A registration…
Neb. Rev. Stat. § 25-1353 Effect of registration.
0.7K chars
(a) Subject to subsection (b) of this section, a Canadian judgment registered under section 25-1352 has the same effect provided in section 25-1343 for a judgment a court determines to be entitled to recognition. (b) A Canadian judgment registered under section 25-1352 may not be…
Neb. Rev. Stat. § 25-1354 Notice of registration.
1.1K chars
(a) A person that registers a Canadian judgment under section 25-1352 shall cause notice of registration to be served on the person against whom the judgment has been registered. (b) Notice under this section must be served in the same manner that a summons and complaint must be …
Neb. Rev. Stat. § 25-1355 Motion to vacate registration.
1.2K chars
(a) Not later than thirty days after notice under section 25-1354 is served, the person against whom the judgment was registered may motion the court to vacate the registration. The court for cause may provide for a shorter or longer time for filing the motion. (b) A motion under…
Neb. Rev. Stat. § 25-1356 Stay of enforcement of judgment pending determination of motion.
0.5K chars
A person that files a motion under subsection (a) of section 25-1355 to vacate registration of a Canadian judgment may request the court to stay enforcement of the judgment pending determination of the motion. The court shall grant the stay if the person establishes a likelihood …
Neb. Rev. Stat. § 25-1357 Relationship to Uniform Foreign-Country Money Judgments Recognition Act.
1.1K chars
(a) The Uniform Registration of Canadian Money Judgments Act supplements the Uniform Foreign-Country Money Judgments Recognition Act and that act, other than section 25-1342, applies to a registration under the Uniform Registration of Canadian Money Judgments Act. (b) A person ma…
Neb. Rev. Stat. § 25-1358 Uniformity of application and interpretation.
0.2K chars
In applying and construing the Uniform Registration of Canadian Money Judgments Act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.
Neb. Rev. Stat. § 25-1359 Act; applicability.
0.2K chars
The Uniform Registration of Canadian Money Judgments Act applies to the registration of a Canadian judgment entered in a proceeding that is commenced in Canada on or after August 28, 2021.
Neb. Rev. Stat. § 25-1401 Causes of action which survive.
0.3K chars
In addition to the causes of action which survive at common law, causes of action for mesne profits, or for an injury to real or personal estate, or for any deceit or fraud, shall also survive, and the action may be brought, notwithstanding the death of the person entitled or lia…
Neb. Rev. Stat. § 25-1402 Actions which abate by death of defendant.
0.3K chars
No action pending in any court shall abate by the death of either or both the parties thereto, except an action for libel, slander, malicious prosecution, assault, or assault and battery, or for a nuisance, which shall abate by the death of the defendant.
Neb. Rev. Stat. § 25-1403 Death of one of several parties; cessation of powers of personal representative; right of action surviving to or against remaining parties; procedure.
0.3K chars
Where there are several plaintiffs or defendants in an action and one of them dies, or his powers as a personal representative cease, if the right of action survive to or against the remaining parties, the action may proceed, the death of the party or the cessation of his powers,…
Neb. Rev. Stat. § 25-1404 Death of one of several parties; cessation of powers of personal representative; right of action not surviving to or against remaining parties; procedure.
0.5K chars
Where one of the several plaintiffs or defendants dies, or his powers as a personal representative cease, if the cause of action does not admit of survivorship, and the court is of opinion that the merits of the controversy can be properly determined, and the principles applicabl…