Chapter 25 — COURTS; CIVIL PROCEDURE
1,295 sections in this chapter.
Neb. Rev. Stat. § 25-1653 Jury list; key number; determination; record.
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(1) The jury commissioner, at such times as may be necessary or as he or she may be ordered to do so by the district judge, shall draw a number to be known as a key number. The drawing of a key number shall be done in a manner which will ensure that the number drawn is the result…
Neb. Rev. Stat. § 25-1654 Combined list; master key list; how produced.
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(1) Each December, the Department of Motor Vehicles shall make available to each jury commissioner a list in magnetic, optical, digital, or other electronic format mutually agreed to by the jury commissioner and the department containing the names, dates of birth, addresses, and …
Neb. Rev. Stat. § 25-1655 Potential jurors; how selected.
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(1) Prior to the jury term or at any time during the jury term, the jury commissioner may draw potential jurors from the master key list for service on petit jury panels that will be needed throughout the jury term. The jury commissioner shall draw such number of potential jurors…
Neb. Rev. Stat. § 25-1656 Petit jurors; how selected; summons or notice to report.
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(1) Unless the judge or judges order that no jury be drawn, the jury commissioner shall draw petit jurors for a regular jury panel pursuant to this section. (2) If the jury commissioner has previously drawn and investigated potential jurors for service during the jury term as pro…
Neb. Rev. Stat. § 25-1657 Juror qualification form; potential juror; complete; return; when.
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(1) Except as provided in subsection (2) of this section, the jury commissioner shall deliver a juror qualification form to each potential juror drawn for jury service. The delivery may be by first-class mail or personal service or through a jury management system. The jury commi…
Neb. Rev. Stat. § 25-1658 Juror qualification form; failure to return; effect; contempt of court.
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(1) Any potential juror who fails to return a completed juror qualification form as instructed shall be directed by the jury commissioner to appear before him or her to fill out the juror qualification form. At the time of the potential juror's appearance for jury service or at t…
Neb. Rev. Stat. § 25-1659 Master key list; juror qualification form; review; names stricken.
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(1) If the jury commissioner finds, after reviewing a completed juror qualification form, that a potential juror does not possess the qualifications of a juror as set forth in section 25-1650 or is excluded by the terms of section 25-1650, the jury commissioner shall strike such …
Neb. Rev. Stat. § 25-1660 Jurors; how summoned; notice; deadlines, applicability.
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(1) The summons of grand and petit jurors for the courts of this state shall be served by the jury commissioner, the clerk of such court, or any other person authorized by the court by delivering such summons by first-class mail or personal service or through a jury management sy…
Neb. Rev. Stat. § 25-1661 Jurors; appearance; failure to appear or serve without good cause; contempt of court.
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(1) Each grand juror and petit juror summoned shall appear before the court on the day and at the hour specified in the summons or as further directed by the court. (2) Any person summoned for jury service who fails to appear or to complete jury service as directed may be ordered…
Neb. Rev. Stat. § 25-1662 Petit jury for subsequent periods; how drawn; how notified.
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Subsequent panels of petit jurors shall be called as the judge or judges may determine during the jury term. If it is determined that a subsequent panel or panels are necessary, the judge or judges, as the case may be, shall order the jury commissioner to draw by chance such numb…
Neb. Rev. Stat. § 25-1663 Petit jury; examination by judge; excess jurors.
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The judge shall examine all jurors who appear for jury service. If, after all excuses have been allowed, there remain more than twenty-four petit jurors for each judge sitting with a jury who are qualified and not excluded by the terms of section 25-1650, the court may excuse by …
Neb. Rev. Stat. § 25-1664 Petit jury; special jury panel in criminal cases.
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Whenever there is pending in the criminal court any case in which the defendant is charged with a felony and the judge holding the court is convinced from the circumstances of the case that a jury cannot be obtained from the regular jury panel to try the case, the judge may, in h…
Neb. Rev. Stat. § 25-1665 Petit jury; extra jurors to complete jury panel; tales jurors.
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(1) If for any reason it appears to the judge that the jury panel of petit jurors will not be adequate at any time during the jury term, the jury commissioner shall, when ordered by the judge, draw, in the same manner as the drawing of a regular jury panel under section 25-1656, …
Neb. Rev. Stat. § 25-1666 Petit jury; tales jurors; how chosen.
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(1) When it is deemed necessary, the judge shall direct the jury commissioner or the sheriff of the county or such other person as may be designated by the judge to summon from the bystanders or the body of the county a sufficient number of persons having the qualifications of ju…
Neb. Rev. Stat. § 25-1667 Petit jury; postponement of service.
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The court may postpone service of a petit juror from one jury panel to a specific future jury panel. A written form may be completed for each such juror, giving the juror's name and address and the reason for the postponement and bearing the signature of the district judge. Such …
Neb. Rev. Stat. § 25-1668 Grand jury; potential jurors; how and when drawn; juror qualification form.
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(1) Unless the judge or judges order that no grand jury be drawn, after creating the master key list under section 25-1654, the jury commissioner shall draw potential jurors from the master key list for service on grand juries for the jury term in the manner and number provided i…
Neb. Rev. Stat. § 25-1669 Grand jury; how drawn; alternate jurors.
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(1) When the law requires that a grand jury be empaneled or when ordered by the judge or judges, the jury commissioner shall draw grand jurors pursuant to this section. (2) The jury commissioner shall draw by chance forty names, or such other number as directed by the judge or ju…
Neb. Rev. Stat. § 25-1670 Juror; serve; limitations.
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In any five-year period no person shall be required to: (1) Serve as a petit juror for more than four calendar weeks, except if necessary to complete service in a particular case; (2) Serve on more than one grand jury; or (3) Serve as both a grand and petit juror.
Neb. Rev. Stat. § 25-1671 County court; advance jury selection; when authorized.
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All parties to an action which is filed with a county court of this state may agree that the jury may be selected up to thirty-one days prior to the date of trial. The stipulation must be unanimous among all parties and evidenced by a joint stipulation to the court.
Neb. Rev. Stat. § 25-1672 Jury trial; notice to jury commissioner; waiver.
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The clerk magistrate shall provide written notice of a jury trial to the jury commissioner not less than thirty days prior to trial. The notice shall set forth the number of petit jurors to be summoned and the day and hour the petit jurors are to appear before the court. The requ…
Neb. Rev. Stat. § 25-1673 Jurors; disclosing names; when permissible; penalty; access to juror qualification forms.
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(1) It shall be unlawful for a jury commissioner, any clerk or deputy thereof, or any person who may obtain access to any record showing the names of persons drawn to serve as grand or petit jurors to disclose to any person, except to other officers in carrying out official dutie…
Neb. Rev. Stat. § 25-1674 Employee; penalized due to jury service; prohibited; penalty.
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Any person who is summoned to serve on jury duty shall not be subject to discharge from employment, loss of pay, loss of sick leave, loss of vacation time, or any other form of penalty as a result of his or her absence from employment due to such jury duty upon giving reasonable …
Neb. Rev. Stat. § 25-1675 Act; neglect or failure by officers; contempt of court.
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If any jury commissioner or deputy jury commissioner, sheriff or deputy sheriff, or person having charge of election records neglects or fails to perform the duties imposed by the Jury Selection Act, the person so offending shall be guilty of contempt of court.
Neb. Rev. Stat. § 25-1676 Jury list; tampering; solicitation; penalty.
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If any person places a name or asks to have a name placed on any list of potential jurors for service on any grand or petit jury in a manner not authorized by the Jury Selection Act, such person shall be guilty of a Class IV felony.
Neb. Rev. Stat. § 25-1677 Packing juries; solicitation of jury service; penalties.
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(1) If a sheriff or other officer corruptly or through favor or ill will summons a juror with the intent that such juror shall find a verdict for or against either party, or summons a grand juror from like motives with the intent that such grand juror shall or shall not find an i…
Neb. Rev. Stat. § 25-1678 Juries; proceedings stayed; jury panel or list quashed; grounds; procedures; new list, order for.
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(1) A party may move to stay the proceedings, to quash the entire jury panel or jury list, or for other appropriate relief on the ground of substantial failure to comply with the Jury Selection Act in selecting the grand or petit jury. Such motion shall be made within seven days …
Repealed. Laws 2003, LB 19, § 7.
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[Repealed or reserved.]
Repealed. Laws 2003, LB 19, § 7.
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[Repealed or reserved.]
Repealed. Laws 2001, LB 489, § 15.
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[Repealed or reserved.]
Repealed. Laws 2001, LB 489, § 15.
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[Repealed or reserved.]
Neb. Rev. Stat. § 25-1705 Security for costs; judgment against surety upon motion; satisfaction.
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After final judgment has been rendered in an action in which security for costs has been given, as required by this chapter, the court, on motion of any person having a right to such costs, or any part thereof, after ten days' notice of such motion, may enter judgment against the…
Neb. Rev. Stat. § 25-1706 Costs upon disclaimer.
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Where defendants disclaim having any title or interest in land or other property, the subject matter of the action, they shall recover their costs unless for special reasons the court decides otherwise.
Neb. Rev. Stat. § 25-1707 Costs on motions, continuances, and amendments.
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Unless otherwise provided by statute, the costs of motions, continuances, amendments, and the like, shall be taxed and paid as the court in its discretion may direct.
Neb. Rev. Stat. § 25-1708 Plaintiff's costs; when allowed.
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Where it is not otherwise provided by this and other statutes, costs shall be allowed of course to the plaintiff, except as waived or released in writing by the plaintiff, upon a voluntary payment to the plaintiff after the action is filed but before judgment, or upon a judgment …
Neb. Rev. Stat. § 25-1709 New or additional security.
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The court may order new or additional security at any time upon notice and on reasonable and proper terms.
Neb. Rev. Stat. § 25-1710 Defendant's costs; when allowed.
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Costs shall be allowed of course to any defendant upon a judgment in his favor in the actions mentioned in section 25-1708.
Neb. Rev. Stat. § 25-1711 Award and taxation of costs; power of court to exercise discretion; frivolous appeals in jury cases; actual fees and expenses.
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In other actions the court may award and tax costs, and apportion the same between the parties on the same or adverse sides, as in its discretion it may think right and equitable. In all cases of appeals from an inferior court or when an original filing made in the district court…
Neb. Rev. Stat. § 25-1712 Successive actions against joinable parties; limit to recovery by plaintiff.
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Where several actions are brought on one bill of exchange, promissory note, or other obligation or instrument in writing, against several parties, who might have been joined as defendants in the same action, no costs shall be recovered by the plaintiff in more than one of such ac…
Neb. Rev. Stat. § 25-1713 Sheriff's fees; summons issued out of county; return.
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When a summons is issued to another county than that in which the action or proceeding is pending, it may be returned by mail, and the sheriff shall be entitled to the same fees as if the summons had issued in the county of which he is sheriff.
Neb. Rev. Stat. § 25-1714 Application for postponement of trial; condition.
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When an application shall be made to a court of record to postpone a trial, the payment to the adverse party of a sum not exceeding ten dollars, besides the costs of the term, may in the discretion of the judges be imposed as a condition of granting the postponement.
Neb. Rev. Stat. § 25-1715 Costs on motion; limit; how taxed.
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Costs may be allowed on a motion, in the discretion of the court or judge, not exceeding ten dollars, which shall be absolute against the losing party on such motion, except that this provision shall not apply to verbal motions during the course of the trial.
Neb. Rev. Stat. § 25-1716 Unpaid costs; lien; terminates.
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The judgment for unpaid court costs in any court of this state shall cease to be a lien on real estate unless action has been brought thereon within (1) five years after the latest partial payment has been made thereon, or (2) five years after such case becomes inactive or is clo…
Neb. Rev. Stat. § 25-1717 Bond for cost, appeal, supersedeas, injunction, or attachment; county and employees; exemption.
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No bond for cost, appeal, supersedeas, injunction, or attachment shall be required of any county or of any officer, board, head of any board, department, head of any department, commission, head of any commission, agent, or employee of any county in any proceeding or court action…
Neb. Rev. Stat. § 25-1801 Lawsuit of four thousand dollars or less; recovery; costs; interest; attorney's fees.
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(1) On any lawsuit of four thousand dollars or less, regardless of whether the claims are liquidated or assigned, the plaintiff may recover costs, interest, and attorney's fees in connection with each claim as provided in this section. If, at the expiration of ninety days after e…
Neb. Rev. Stat. § 25-1802 Award of fees and expenses against state; terms, defined.
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For purposes of sections 25-1802 to 25-1807, unless the context otherwise requires: (1) Fees and other expenses means reasonable attorney's fees and the reasonable expense of expert witnesses plus court costs, but shall not include any portion of an attorney's fee or salary paid …
Neb. Rev. Stat. § 25-1803 Award of fees and expenses against state; when authorized.
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(1) Unless otherwise provided by law, the court having jurisdiction over a civil action brought by the state or an action for judicial review brought against the state pursuant to the Administrative Procedure Act shall award fees and other expenses to the prevailing party unless …
Neb. Rev. Stat. § 25-1804 Award of fees and expenses against state; conditions; application.
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(1) A party seeking an award for fees and other expenses pursuant to sections 25-1802 to 25-1807 shall, not later than thirty days after the entry of the final judgment in the action, submit to the court an application which provides evidence of eligibility for an award pursuant …
Neb. Rev. Stat. § 25-1805 Award of fees and expenses against state; additional to compensation.
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Fees and expenses awarded pursuant to sections 25-1802 to 25-1807 may be ordered in addition to any compensation awarded in a judgment.
Neb. Rev. Stat. § 25-1806 Award of fees and expenses against state; how paid.
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Fees and expenses awarded by a federal court or pursuant to sections 25-1802 to 25-1805 shall be paid in the manner provided in the State Miscellaneous Claims Act. Claims for such fees and expenses shall be filed with the State Claims Board in the manner provided in such act.
Neb. Rev. Stat. § 25-1807 Award of fees and expenses against state; proceedings to which applicable.
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Sections 25-1802 to 25-1807 shall apply only to legal and administrative proceedings initiated after July 17, 1982.