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1,151 sections in this chapter.
Neb. Rev. Stat. § 25-21,188.01 Check or instrument; wrongful refusal to endorse; liability; attorney's fees; awarded when.
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Any payee, endorser, or endorsee on a check or instrument issued in payment for property subject to a lien under Chapter 52, article 2, 5, 7, 9, 11, 12, or 14, or Chapter 54, article 2, or farm products subject to a security interest under article 9, Uniform Commercial Code, or C…
Neb. Rev. Stat. § 25-21,188.02 Volunteer in free clinic or other facility; immunity; when.
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(1) A person credentialed under the Uniform Credentialing Act to practice as a physician, osteopathic physician, pharmacist, dentist, physician assistant, nurse, or physical therapist who, without the expectation or receipt of monetary or other compensation either directly or ind…
Neb. Rev. Stat. § 25-21,189 Food; donations; limitations on liability.
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(1) For purposes of this section: (a) Food shall mean articles used for food or drink for humans or animals and articles used for components of any such article; and (b) Raw agricultural product shall mean any food in its raw or natural state, including all fruits that are washed…
Neb. Rev. Stat. § 25-21,190 Not-for-profit organization, defined.
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As used in sections 25-21,190 to 25-21,193, unless the context otherwise requires, not-for-profit organization shall mean any not-for-profit entity which is exempt from federal income taxation pursuant to section 501(a) of the Internal Revenue Code and listed as an exempt organiz…
Neb. Rev. Stat. § 25-21,191 Not-for-profit organization; director, officer, or trustee; immunity from civil liability.
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(1) On or after August 30, 1987, any person who serves as a director, officer, or trustee of a not-for-profit organization and who is not compensated for his or her services as a director, officer, or trustee on a salary or a prorated equivalent basis shall be immune from civil l…
Neb. Rev. Stat. § 25-21,192 Not-for-profit organization; limitation on immunity.
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The individual immunity granted by section 25-21,191 shall not extend to any act or omission of such director, officer, or trustee which results in damage or injury (1) caused by such director, officer, or trustee during the operation of any motor vehicle, airplane, or boat or (2…
Neb. Rev. Stat. § 25-21,193 Not-for-profit organization; sections, how construed.
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Except as provided in section 25-21,191, sections 25-21,190 to 25-21,193 shall not be construed to establish, diminish, or abrogate any duty that a director, officer, or trustee of a not-for-profit organization has to any individual or organization.
Neb. Rev. Stat. § 25-21,200 Contract; void and unenforceable; definition.
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(1) A surrogate parenthood contract entered into shall be void and unenforceable. The biological father of a child born pursuant to such a contract shall have all the rights and obligations imposed by law with respect to such child. (2) For purposes of this section, unless the co…
Neb. Rev. Stat. § 25-21,201 Actions against state; jurisdiction; enumeration of claims.
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The several district courts of the judicial districts of the state shall have jurisdiction to hear and determine (1) all claims or petitions for relief that may be presented to the Legislature and which may be by any law or by any rule or resolution of the Legislature referred to…
Neb. Rev. Stat. § 25-21,202 Actions against state; complaint; contents.
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The claimant shall, in all cases, file a complaint setting forth (1) the facts out of which the claim originally arose; (2) the action of the Legislature, or of any department of the government thereon, if any such has been had; (3) what person or persons is the owner or are the …
Neb. Rev. Stat. § 25-21,203 Actions against state; summons; venue.
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When action is brought under section 25-21,201, summons shall be served upon the state in the manner provided for service of a summons in section 25-510.02. An action brought under subdivision (4) of section 25-21,201 may be brought in Lancaster County, Nebraska, or in any county…
Neb. Rev. Stat. § 25-21,204 Actions against state; judgment.
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The court in which such action may be brought shall hear and determine the matter upon the testimony according to justice, as upon the amicable settlement of a controversy, and shall render award and judgment against the claimant, or the state, as upon the testimony justice may r…
Neb. Rev. Stat. § 25-21,205 Actions against state; adjudicated claims; certified statement to Legislature; when transmitted.
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On the first day of each regular session of the Legislature, the clerks of the several district courts shall transmit a full and complete statement of all claims adjudicated in the courts during the previous year, certified by the clerk and signed by the judge of such court, show…
Neb. Rev. Stat. § 25-21,206 Actions against state; where brought; procedure; transfer of actions.
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The state may be sued in the district court of Lancaster County in any matter founded upon or growing out of a contract, express or implied, originally authorized or subsequently ratified by the Legislature, or founded upon any law of the state. The complaint in such a case shall…
Neb. Rev. Stat. § 25-21,207 Actions by state; counterclaims.
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In any civil action instituted by the state, except in actions for the collection of revenue, for school or other trust funds, or against defaulting officers and their sureties or insurance providers as specified in section 11-201, the defendant may, as matter of defense, plead a…
Neb. Rev. Stat. § 25-21,208 Actions to which state is a party; priority of trial; power to compel attendance of witnesses.
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Civil actions to which the state is a party shall, on motion of counsel on behalf of the state, have priority of trial over other civil actions; and the several district courts having jurisdiction to try actions to which the state is a party shall have power to compel attendance …
Neb. Rev. Stat. § 25-21,209 Claims against state; fraud in statement or proof; penalty.
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Any person who corruptly practices, or attempts to practice, any fraud against the state in the proof, statement, establishment, or allowance of any claim or cause of action or any part thereof, in the matter out of which the same arose, shall ipso facto forfeit the same to the s…
Neb. Rev. Stat. § 25-21,210 Actions to which state is a party; fees; how paid and taxed.
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The fees of the sheriff, the clerk, or other officers, or of witnesses, in claims or suits to which the state is a party, shall be the same, and be paid and taxed in the same manner as in other civil actions in the district courts.
Neb. Rev. Stat. § 25-21,211 Judgment against state; certify to Director of Administrative Services; payment; insufficient funds.
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The court by which any judgment is rendered against the state shall certify such judgment to the Director of Administrative Services, who shall pay the same from any special fund or appropriation applicable to such judgment, and if no special fund or appropriation has been provid…
Neb. Rev. Stat. § 25-21,212 Judgment against claimant; transmitted to other counties; how collected.
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In any action in which a judgment is rendered in any sum, or for costs, against the claimant, the clerk of the court in which such judgment is rendered shall make and transmit a certified copy thereof on application of the Attorney General or other counsel on behalf of the state,…
Neb. Rev. Stat. § 25-21,213 Appeals; procedure; notice of appeal by state; effect.
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Appeals from the several district courts to the Court of Appeals or to the Supreme Court in cases concerning constitutional issues, as in other civil cases, may be taken by either party within the same limitations of time as in other civil actions. No appeal or supersedeas bond s…
Neb. Rev. Stat. § 25-21,214 Judgment; payment; effect.
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Payment and receipt of the amount due on any judgment rendered in any action brought under the provisions of sections 25-21,201 to 25-21,215 shall be a full discharge of the state in such matter, and any final judgment shall forever bar further controversy upon the subject matter…
Neb. Rev. Stat. § 25-21,215 Change of venue; costs.
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Change of venue may be taken from the district court of the county in which the action is brought, as in other civil cases; and in every such case, all expenses of such trial which would be chargeable to the county in which the suit originated, had the cause been tried therein, a…
Neb. Rev. Stat. § 25-21,216 Bonds for costs, appeal, supersedeas, injunction, attachment; state or its agencies not required to give.
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No bond for costs, appeal, supersedeas, injunction, or attachment shall be required of the State of Nebraska, or of any state officer, state board, state commission, head of any state department, agent or employee of the state, the Director of Banking and Finance as receiver of i…
Neb. Rev. Stat. § 25-21,217 Judgment against state agency; liability of state.
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If judgment for costs or damages are rendered against any such litigant and such litigant fails, refuses, or neglects to pay the judgment within three months after the date of entry of the judgment, then the State of Nebraska shall be liable for the payment of the judgment and sh…
Neb. Rev. Stat. § 25-21,218 Bonds or insurance of Director of Banking and Finance as receiver of insolvent banks; premium; payment by state.
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The State of Nebraska shall pay all premiums on bonds or equivalent commercial insurance policies that the Director of Banking and Finance may be required to give as receiver of insolvent state banks.
Neb. Rev. Stat. § 25-21,219 Forcible entry and detainer; jurisdiction; exceptions.
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The district and county courts shall have jurisdiction over complaints of unlawful and forcible entry into lands and tenements and the detention of the same and of complaints against those who, having a lawful and peaceable entry into lands or tenements, unlawfully and by force h…
Neb. Rev. Stat. § 25-21,220 Forcible entry and detainer; against whom proceedings may be had; provisions not exclusive.
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Proceedings under sections 25-21,219 to 25-21,235 may be had: (1) In all cases against tenants holding over their terms, and a tenant shall be deemed to be holding over his or her term whenever the tenant has failed, neglected, or refused to pay the rent or any part thereof when …
Neb. Rev. Stat. § 25-21,221 Forcible entry and detainer; notice to leave premises; when and how served.
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It shall be the duty of the party, desiring to commence an action under sections 25-21,219 to 25-21,235, to notify the adverse party to leave the premises for the possession of which the action is about to be brought. This notice shall be served at least three days before commenc…
Neb. Rev. Stat. § 25-21,222 Forcible entry and detainer; complaint; contents.
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The summons shall not issue until the plaintiff shall have filed his complaint in writing which shall particularly describe the premises so entered upon or detained, and shall set forth either an unlawful and forcible entry and detention, or an unlawful and forcible detention aft…
Neb. Rev. Stat. § 25-21,223 Forcible entry and detainer; summons; service; trial date.
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The summons shall be issued and directed with a copy of the complaint attached to the summons, shall state the cause of the complaint, the time and place of trial of the action for possession, and the answer day for other causes of action, and shall notify the defendant that if h…
Neb. Rev. Stat. § 25-21,224 Forcible entry and detainer; failure of defendant to appear; effect.
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If the defendant does not appear in response to the summons, and it shall have been properly served, the court shall try the cause as though he were present.
Neb. Rev. Stat. § 25-21,225 Forcible entry and detainer; continuance for more than seven days; undertaking required.
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No continuance shall be granted for a longer period than seven days, unless upon cause shown to the court of the existence of extraordinary causes and then not unless the defendant applying therefor shall give an undertaking to the adverse party, with good and sufficient surety t…
Neb. Rev. Stat. § 25-21,226 Forcible entry and detainer; trial without jury; judgment; restitution; costs.
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If the suit is not continued or the place of trial changed, or if neither party demands a jury, the court shall try the cause. If, after hearing the evidence, the court shall conclude that the complaint is not true, the court shall enter judgment against the plaintiff for costs. …
Neb. Rev. Stat. § 25-21,227 Forcible entry and detainer; trial by jury; verdict.
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If a jury is demanded by either party, the proceedings shall be in all respects as in other cases. If the jury shall find that the complaint is true, they shall render a general verdict of guilty against the defendant; if not true, then a general verdict of not guilty; if true in…
Neb. Rev. Stat. § 25-21,228 Forcible entry and detainer; verdict; entry; judgment.
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The court shall enter the verdict upon the record and shall render such judgment in the action as if the facts authorizing the finding of such verdict had been found to be true by the court.
Neb. Rev. Stat. § 25-21,229 Forcible entry and detainer; exceptions.
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Exceptions to the opinion of the judge of the court, in cases under sections 25-21,219 to 25-21,235, upon questions of law and evidence, may be taken by either party, whether tried by a jury or otherwise.
Neb. Rev. Stat. § 25-21,230 Forcible entry and detainer; restitution; writ of execution; form.
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If a judgment of restitution is entered, the court shall, at the request of the plaintiff or the plaintiff's attorney, issue a writ of execution thereon which shall be in the following form as nearly as practicable: The State of Nebraska, ................ County, ss. To any Const…
Neb. Rev. Stat. § 25-21,231 Forcible entry and detainer; writ of execution; service; writ of error stays proceedings.
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The officer shall, within ten days after receiving the writ, execute the same by restoring the plaintiff to the possession of the premises, and shall levy and collect the costs, and make return as upon other executions. If the officer shall receive a notice from the court that th…
Neb. Rev. Stat. § 25-21,232 Forcible entry and detainer; judgment; future action not barred.
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Judgments obtained under sections 25-21,219 to 25-21,235 shall not be a bar to any future action brought by either party.
Neb. Rev. Stat. § 25-21,233 Forcible entry and detainer; appeal; procedure.
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Any party against whom judgment has been entered in an action of forcible entry and detention, or forcible detention only, of real property, may appeal as provided for in a civil action.
Neb. Rev. Stat. § 25-21,234 Forcible entry and detainer; appeal; operate as supersedeas, when; bond or surety required.
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No appeal shall operate as a supersedeas unless the appellant, within thirty days after the entry of the judgment, deposits with the clerk of the court in which the judgment was entered a cash bond or undertaking with at least one good and sufficient surety approved by the court …
Neb. Rev. Stat. § 25-21,235 Forcible entry and detainer; restitution notwithstanding appeal; bond; conditions.
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In all actions of forcible entry and detention as well as of forcible detention only, notwithstanding the execution of an undertaking or filing of a proper cash bond for supersedeas or appeal, the judgment for restitution of the premises may be enforced, in the discretion of the …
Neb. Rev. Stat. § 25-21,236 Release of animal; liability to owner.
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(1) A person who intentionally, willfully, and without permission releases an animal lawfully confined for science, research, commerce, agriculture, or education is liable to the owner of the animal for damages, including the costs of restoring the animal to confinement and to it…
Neb. Rev. Stat. § 25-21,239 Leased trucks, truck-tractors, and trailers; liability of owner for damages.
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The owner of any truck, truck-tractor, whether with or without trailer, or trailer, leased for a period of less than thirty days or leased for any period of time and used for commercial purposes, shall be jointly and severally liable with the lessee and the operator thereof for a…
Neb. Rev. Stat. § 25-21,240 Claim or action for money damages; limitation.
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No claim or action seeking to recover money damages shall be brought by the Federal Deposit Insurance Corporation, the Resolution Trust Corporation, or any other federal banking regulatory agency against any director or officer, including any former director or officer, of any in…
Neb. Rev. Stat. § 25-21,241 Legislative findings and declarations.
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The Legislature finds and declares that: (1) It is the policy of the state that the constitutional rights of citizens and organizations to be involved and participate freely in the process of government must be encouraged and safeguarded with great diligence. The information, rep…
Neb. Rev. Stat. § 25-21,242 Terms, defined.
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For purposes of sections 25-21,241 to 25-21,246: (1) Action involving public petition and participation shall mean an action, claim, cross-claim, or counterclaim for damages that is brought by a public applicant or permittee and is materially related to any efforts of the defenda…
Neb. Rev. Stat. § 25-21,243 Defendant in action involving public petition and participation; action authorized; costs, attorney's fees, and damages; authorized; waiver; section, how construed.
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(1) A defendant in an action involving public petition and participation may maintain an action, claim, cross-claim, or counterclaim to recover damages, including costs and attorney's fees, from any person who commenced or continued such action. Costs and attorney's fees may be r…
Neb. Rev. Stat. § 25-21,244 Action involving public petition and participation; damages; standard of proof; section, how construed.
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(1) In an action involving public petition and participation, the plaintiff may recover damages, including costs and attorney's fees, only if he or she, in addition to all other necessary elements, has established by clear and convincing evidence that any communication which give…