Chapter 25 — COURTS; CIVIL PROCEDURE
1,295 sections in this chapter.
Neb. Rev. Stat. § 25-1808 Actions between state agencies, boards, commissions, constitutional officers, and members of the Legislature; costs awarded; when.
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Notwithstanding sections 25-1803, 25-21,210, 81-8,228, and 84-216, whenever a state agency, board, commission, or constitutional officer, any person acting in behalf of the agency, board, commission, or constitutional officer, or the Legislature brings a legal action or proceedin…
Neb. Rev. Stat. § 25-1809 Legal Services Fund; created; use; transfers.
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There is hereby created the Legal Services Fund to be administered by the Director of Administrative Services. All money received by the Attorney General or directed to be deposited in the fund by any state agency, board, commission, or constitutional officer or the Legislature p…
Neb. Rev. Stat. § 25-1810 Civil action or proceeding; appeal; award of attorney's fees by appellate court, when.
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A statute that authorizes the award of attorney's fees to a party in a civil action or proceeding also authorizes an appellate court to award attorney's fees if the party prevails on an appeal from a judgment or order in the action or proceeding. This section does not apply if an…
Neb. Rev. Stat. § 25-1901 District court; appellate jurisdiction; scope.
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A judgment rendered or final order made by any tribunal, board, or officer exercising judicial functions and inferior in jurisdiction to the district court may be reversed, vacated, or modified by the district court, except that the district court shall not have jurisdiction over…
Neb. Rev. Stat. § 25-1902 Final order, defined; appeal.
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(1) The following are final orders which may be vacated, modified, or reversed: (a) An order affecting a substantial right in an action, when such order in effect determines the action and prevents a judgment; (b) An order affecting a substantial right made during a special proce…
Neb. Rev. Stat. § 25-1903 Petition in error; filing; summons; contents; service, when returnable; cause, when triable.
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The proceedings to obtain such reversal, vacation or modification shall be by petition entitled petition in error, filed in a court having power to make such reversal, vacation or modification, setting forth the errors complained of, and thereupon a summons shall issue and be ser…
Neb. Rev. Stat. § 25-1904 Summons in error; praecipe; service; return; fees.
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The summons mentioned in section 25-1903 shall, upon the written praecipe of the plaintiff in error, or his attorney, be issued by the clerk of the court in which the petition is filed, to the sheriff of any county in which the defendant in error or his attorney of record may be;…
Neb. Rev. Stat. § 25-1905 Proceedings in error; transcript; abstracts of record not required in Supreme Court.
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The plaintiff in error shall file with his or her petition a transcript of the proceedings or a praecipe directing the tribunal, board, or officer to prepare the transcript of the proceedings. The transcript shall contain the final judgment or order sought to be reversed, vacated…
Neb. Rev. Stat. § 25-1906 Proceedings in error; transcript; how obtained.
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Judges of judicial tribunals having no clerk, and clerks of every court of record, shall upon request and being paid the lawful fees therefor, furnish an authenticated transcript of the proceedings, containing the judgment or final order of such courts, to either of the parties t…
Neb. Rev. Stat. § 25-1907 Proceedings in error; effect; supersedeas bond.
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No proceedings to reverse, vacate, or modify any judgment rendered, or final order made, by any court inferior to the district court shall operate as a stay of execution unless the judge or clerk of the court in which the judgment was rendered or order made shall take and approve…
Neb. Rev. Stat. § 25-1908 Proceedings in error; stay of execution; supersedeas bond; approval; endorsement.
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Before the written undertaking mentioned in section 25-1907 shall operate to stay execution of the judgment or order, a petition in error must be filed in the district court, and the execution of the undertaking, and the sufficiency of the sureties must be approved by the judge o…
Repealed. Laws 1974, LB 733, § 5.
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[Repealed or reserved.]
Repealed. Laws 1974, LB 733, § 5.
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[Repealed or reserved.]
Neb. Rev. Stat. § 25-1911 Appellate jurisdiction; scope.
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A judgment rendered or final order made by the district court may be reversed, vacated, or modified for errors appearing on the record.
Neb. Rev. Stat. § 25-1912 Appeal; civil and criminal actions; procedure; notice of appeal; docketing fee; filing of transcript.
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(1) The proceedings to obtain a reversal, vacation, or modification of judgments and decrees rendered or final orders made by the district court, including judgments and sentences upon convictions for felonies and misdemeanors, shall be by filing in the office of the clerk of the…
Neb. Rev. Stat. § 25-1912.01 Appellate review; motion for new trial; when required.
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(1) A motion for a new trial shall not be a prerequisite to obtaining appellate review of any issue upon which the ruling of the trial court appears in the record. (2) When an action has been tried before a jury a motion for a new trial shall not be a prerequisite to obtaining ap…
Neb. Rev. Stat. § 25-1913 Appealed causes; parties; how designated.
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The cause shall be docketed in the Court of Appeals or Supreme Court under the same title it had in the district court. The party or parties asking for the reversal, vacation, or modification of such judgment, decree, or final order shall be designated as appellant or appellants,…
Neb. Rev. Stat. § 25-1914 Appeal; cost bond; cash deposit; appellate proceedings; dismissal.
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On appeal in any case taken from the district court to the Court of Appeals or Supreme Court, other than an appeal pursuant to section 71-6904, the appellant or appellants shall, within thirty days after the entry of the judgment, decree, or final order sought to be reversed, vac…
Neb. Rev. Stat. § 25-1915 Appeal; unpaid costs itemized in order; payment.
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The order of the Court of Appeals or Supreme Court shall itemize the costs due and unpaid in each case, which costs shall be paid to the clerk of the district court and shall be paid by such clerk to the party adjudged entitled to the same.
Neb. Rev. Stat. § 25-1916 Appeal; supersedeas; cash or bond; effect; undertakings; amount, terms, and conditions; effect of having corporate surety.
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No appeal in any case shall operate as a supersedeas unless the appellant or appellants within thirty days after the entry of such judgment, decree, or final order execute to the adverse party a bond with one or more sureties, make a deposit of United States Government bonds with…
Neb. Rev. Stat. § 25-1917 Appeal; substitute for undertaking.
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Instead of the undertaking prescribed in subdivision (2) of section 25-1916, the conveyance or other instrument may be executed and deposited with the clerk of the court in which the judgment was rendered or order made, to abide the judgment of the appellate court.
Neb. Rev. Stat. § 25-1918 Appeal; bond; approval; by whom made.
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Before any bond executed as aforesaid shall operate as a supersedeas, the execution of the same, and the sufficiency of the sureties therein, must be approved by the clerk of the court in which the judgment or decree was rendered or the final order was made.
Neb. Rev. Stat. § 25-1919 Appeal; briefs; rules; plain error.
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The Supreme Court shall by rule provide for the filing of briefs in all causes appealed to the Court of Appeals or Supreme Court. The brief of appellant shall set out particularly each error asserted and intended to be urged for the reversal, vacation, or modification of the judg…
Neb. Rev. Stat. § 25-1920 Appeal; injunctions; cause advanced, when.
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In all actions in which a temporary injunction has been granted and entered in the district court, which order allowing the temporary injunction is or has been superseded for by law, and in which action the trial court, on the merits, determined that the temporary injunction ough…
Repealed. Laws 1965, c. 126, § 1.
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[Repealed or reserved.]
Repealed. Laws 1965, c. 126, § 1.
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[Repealed or reserved.]
Neb. Rev. Stat. § 25-1923 Appeal; original bill of exceptions; return to district court; disposition.
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When any case or proceeding in which the record or transcript has been so made up has been finally determined in the Court of Appeals or Supreme Court, the original bill or bills of exceptions shall be by the Clerk of the Supreme Court transmitted to the clerk of the district cou…
Neb. Rev. Stat. § 25-1924 Appeal; original bill of exceptions; return to appellate court if rehearing allowed.
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In the event a rehearing of any such cause or proceeding is allowed by the Court of Appeals or Supreme Court or if for any other reason the appellate court needs or desires the use of such original bill or bills of exceptions or testimony in equity and law cases, it may order the…
Neb. Rev. Stat. § 25-1925 Appeal; suits in equity; trial de novo.
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In all appeals from the district court in suits in equity in which review of some or all of the findings of fact of the district court is asked by the appellant, it shall be the duty of the Court of Appeals or the Supreme Court to retry the issue or issues of fact involved in the…
Neb. Rev. Stat. § 25-1926 Appeal; reversal of judgment; mandate.
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When a judgment or final order is reversed either in whole or in part in the Court of Appeals or Supreme Court, the appellate court shall proceed to render such judgment as the court below should have rendered or remand the cause to the court below for such judgment. The appellat…
Neb. Rev. Stat. § 25-1927 Original cause in Supreme Court; complete record upon final determination; waiver.
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A complete record of every original cause in the Supreme Court, as soon as it is finally determined, shall be made by the clerk of such court, unless both parties shall declare in open court, at the term at which the final order or judgment shall be made or hearing had, their agr…
Neb. Rev. Stat. § 25-1928 Appeal; mistake of clerk; effect; procedure.
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A mistake, neglect or omission of the clerk shall not be a ground of error, until the same has been presented and acted upon in the court in which the mistake, neglect or omission occurred.
Neb. Rev. Stat. § 25-1929 Appeal; remittitur; effect.
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Whenever the court shall direct a remittitur in any action, and the same is made, and the party for whose benefit it is made shall appeal said action, then the party remitting shall not be barred from maintaining that the remittitur should not have been required either in whole o…
Neb. Rev. Stat. § 25-1930 Civil cases; writs of error abolished.
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Writs of error to reverse, vacate, or modify judgments or final orders in civil cases are abolished, but courts shall have the same power to compel complete and perfect transcripts of the proceedings containing the judgment or final order sought to be reversed to be furnished as …
Neb. Rev. Stat. § 25-1931 Time for commencement; persons under disability.
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Proceedings under section 25-1901 for reversing, vacating, or modifying judgments or final orders shall be commenced within thirty days after the rendition of the judgment or making of the final order complained of, except that when the person entitled to such proceedings is an i…
Neb. Rev. Stat. § 25-1932 Judgment prematurely rendered as error.
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Rendering judgment before the action stood for trial, according to the provisions of this code, shall be deemed a clerical error.
Neb. Rev. Stat. § 25-1933 Costs; how taxed.
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When a judgment, decree or final order is reversed, vacated or modified, the court may render judgment for all costs against the appellee or appellees or some of them, or may direct that each party pay his own costs or apportion the costs among parties or direct that judgment for…
Neb. Rev. Stat. § 25-1934 Money judgment; enforcement notwithstanding supersedeas; undertaking required.
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In an action arising on contract for the payment of money only, notwithstanding the execution of an undertaking to stay proceedings, if the defendant in error or appellee give adequate security to make restitution in case the judgment is reversed or modified, he may upon leave ob…
Neb. Rev. Stat. § 25-1935 Opinion of appellate court; certified to clerk of district court.
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It shall be the duty of the Clerk of the Supreme Court immediately upon the entering of a judgment by the Court of Appeals or Supreme Court to certify without cost a copy of the opinion of the court to the clerk of the district court from which the appeal was prosecuted.
Neb. Rev. Stat. § 25-1936 Order of remittitur deemed a final order.
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Whenever in any action at law in the district court a verdict of the jury has been returned for the recovery of money and the court orders a remittitur by the prevailing party of a part of the amount of such verdict, either as a condition to allowing the verdict so reduced to sta…
Neb. Rev. Stat. § 25-1937 Appeals; general procedure.
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When the Legislature enacts a law providing for an appeal without providing the procedure therefor, the procedure for appeal to the district court shall be the same as for appeals from the county court to the district court in civil actions. Trial in the district court shall be d…
Neb. Rev. Stat. § 25-2001 District court; power to vacate or modify judgments or orders.
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(1) The inherent power of a district court to vacate or modify its judgments or orders during term may also be exercised after the end of the term, upon the same grounds, upon a motion filed within six months after the entry of the judgment or order. (2) The power of a district c…
Neb. Rev. Stat. § 25-2002 District court judgment; proceedings to vacate or modify; summons; waiver of error.
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The proceedings to vacate or modify the judgment or order on the grounds mentioned in subsection (4) of section 25-2001 shall be by complaint, setting forth the judgment or order, the grounds to vacate or modify it, and the defense to the action, if the party applying was defenda…
Repealed. Laws 2000, LB 921, § 38.
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[Repealed or reserved.]
Neb. Rev. Stat. § 25-2004 District court judgment; grounds for vacation or modification; determination.
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The court may first try and decide upon the grounds to vacate or modify a judgment or order, before trying or deciding upon the validity of the defense or cause of action.
Neb. Rev. Stat. § 25-2005 District court judgment; vacation; existence of valid claim or defense a prerequisite; preservation of liens upon modification.
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A judgment shall not be vacated on motion or complaint, until it is adjudged that there is a valid defense to the action in which the judgment is rendered, or, if the plaintiff seeks its vacation, that there is a valid cause of action; and when a judgment is modified, all liens a…
Neb. Rev. Stat. § 25-2006 District court judgment; proceedings to vacate or modify; injunction.
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The party seeking to vacate or modify a judgment or order, may obtain an injunction suspending proceedings on the whole or part thereof, which injunction may be granted by the court, or any judge thereof, upon its being rendered probable, by affidavit or by exhibition of the reco…
Neb. Rev. Stat. § 25-2007 District court judgment; rendition before action regularly stood for trial; rights of defendant; no showing of valid defense required.
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When the judgment was rendered before the action stood for trial, the suspension may be granted as provided in section 25-2006, although no valid defense to the action is shown; and the court shall make such orders concerning the executions to be issued on the judgment, as shall …
Neb. Rev. Stat. § 25-2008 District court judgment; proceedings to vacate or modify; statute of limitations.
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Proceedings to vacate or modify a judgment or order, for the causes mentioned in subsection (4) of section 25-2001 must be commenced no later than two years after the entry of the judgment or order unless the party entitled thereto is an infant or person of unsound mind, and then…
Neb. Rev. Stat. § 25-2009 Supreme Court, Court of Appeals, and county court judgments; laws applicable.
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The provisions of Chapter 25 shall apply to the Supreme Court, Court of Appeals, and county court, so far as the same may be applicable to the judgments or final orders of such courts. The parties shall be limited to the same time in which to commence proceedings; and in estimati…