Chapter 25 — COURTS; CIVIL PROCEDURE
1,295 sections in this chapter.
Neb. Rev. Stat. § 25-201 Civil actions; when commenced.
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A civil action shall be commenced only within the time prescribed in this chapter, after the cause of action has accrued. Notwithstanding any other provision in this chapter, when an action has been stayed by any court of competent jurisdiction or by statute, such action shall be…
Neb. Rev. Stat. § 25-201.01 Civil actions; savings clause; conditions.
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(1) If an action is commenced within the time prescribed by the applicable statute of limitations but the plaintiff fails in the action for a reason other than a reason specified in subsection (2) of this section and the applicable statute of limitations would prevent the plainti…
Neb. Rev. Stat. § 25-201.02 Amendment of pleading; effect.
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(1) An amendment of a pleading that does not change the party or the name of the party against whom the claim is asserted relates back to the date of the original pleading if the claim or defense asserted in the amended pleading arose out of the conduct, transaction, or occurrenc…
Neb. Rev. Stat. § 25-202 Actions for the recovery of title or possession of real estate or foreclosure of mortgages or deeds of trust as mortgages.
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(1) An action for the recovery of the title or possession of lands, tenements, or hereditaments, or for the foreclosure of mortgages or the foreclosure of deeds of trust as mortgages thereon, can only be brought within ten years after the cause of action accrues. No limitation sh…
Neb. Rev. Stat. § 25-203 Actions for forcible entry and detainer of real property.
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An action for the forcible entry and detainer, or forcible detainer only, of real property, can only be brought within one year after the cause of such action shall have accrued.
Neb. Rev. Stat. § 25-204 Actions other than for the recovery of real property.
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Civil actions, other than for the recovery of real property, can only be brought within the following periods, after the cause of action shall have accrued.
Neb. Rev. Stat. § 25-205 Actions on written contracts, on foreign judgments, or to recover collateral.
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(1) Except as provided in subsection (2) of this section, an action upon a specialty, or any agreement, contract, or promise in writing, or foreign judgment, can only be brought within five years. No action at law or equity may be brought or maintained attacking the validity or e…
Neb. Rev. Stat. § 25-206 Actions on oral contracts or statutory liabilities.
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An action upon a contract, not in writing, expressed or implied, or an action upon a liability created by statute, other than a forfeiture or penalty, can only be brought within four years.
Neb. Rev. Stat. § 25-207 Actions for trespass, conversion, other torts, and frauds; exceptions.
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The following actions can only be brought within four years: (1) An action for trespass upon real property; (2) an action for taking, detaining or injuring personal property, including actions for the specific recovery of personal property; (3) an action for an injury to the righ…
Neb. Rev. Stat. § 25-208 Actions for libel, slander, malpractice, and recovery of tax.
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The following actions can only be brought within the periods stated in this section: Within one year, an action for libel or slander; and within two years, an action for malpractice which is not otherwise specifically limited by statute. In the absence of any other shorter applic…
Neb. Rev. Stat. § 25-209 Actions on official or judicial bonds.
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An action upon the official bond or undertaking of an executor, administrator, guardian, sheriff, or any other officer, or upon the bond or undertaking given in attachment, injunction, or in any case whatever required by statute can only be brought within ten years.
Neb. Rev. Stat. § 25-21 Partition in kind; how made.
Neb. Rev. Stat. § 25-210 Actions against sureties on guardian's bond.
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No action shall be maintained against the sureties in any bond given by a guardian unless it be commenced within four years from the time when the guardian shall have been discharged; Provided, if at the time of such discharge the person entitled to bring such action shall be out…
Neb. Rev. Stat. § 25-2101 Action on bonds or insurance; by whom and how brought.
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When an officer, executor, or administrator within this state, by misconduct or neglect of duty, forfeits his or her bond or commercial insurance policy or renders his or her sureties liable, any person injured thereby, or who is by law entitled to the benefit of the security, ma…
Neb. Rev. Stat. § 25-2102 Further action; authorized.
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A judgment in favor of a party for one delinquency does not preclude the same or another party from an action on the same security for another delinquency.
Repealed. Laws 1987, LB 71, § 25.
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[Repealed or reserved.]
Repealed. Laws 1987, LB 71, § 25.
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[Repealed or reserved.]
Repealed. Laws 1987, LB 71, § 25.
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[Repealed or reserved.]
Repealed. Laws 1987, LB 71, § 25.
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[Repealed or reserved.]
Repealed. Laws 1987, LB 71, § 25.
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[Repealed or reserved.]
Repealed. Laws 1987, LB 71, § 25.
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[Repealed or reserved.]
Repealed. Laws 1987, LB 71, § 25.
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[Repealed or reserved.]
Neb. Rev. Stat. § 25-211 Actions on contracts by reason of failure or want of consideration.
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Actions brought for damages growing out of the failure or want of consideration of contracts, express or implied, or for the recovery of money paid upon contracts, express or implied, the consideration of which has wholly or in part failed, shall be brought within four years.
Repealed. Laws 1987, LB 71, § 25.
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[Repealed or reserved.]
Repealed. Laws 1987, LB 71, § 25.
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[Repealed or reserved.]
Repealed. Laws 1987, LB 71, § 25.
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[Repealed or reserved.]
Repealed. Laws 1987, LB 71, § 25.
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[Repealed or reserved.]
Repealed. Laws 1987, LB 71, § 25.
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[Repealed or reserved.]
Repealed. Laws 1987, LB 71, § 25.
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[Repealed or reserved.]
Repealed. Laws 1987, LB 71, § 25.
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[Repealed or reserved.]
Repealed. Laws 1987, LB 71, § 25.
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[Repealed or reserved.]
Repealed. Laws 1987, LB 71, § 25.
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[Repealed or reserved.]
Repealed. Laws 1987, LB 71, § 25.
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[Repealed or reserved.]
Neb. Rev. Stat. § 25-212 Actions not specified.
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An action for relief not otherwise provided for in Chapter 25 can only be brought within four years after the cause of action shall have accrued.
Repealed. Laws 1987, LB 71, § 25.
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[Repealed or reserved.]
Neb. Rev. Stat. § 25-2121 Conduct constituting contempt; powers of court of record to punish.
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Every court of record shall have power to punish by fine and imprisonment, or by either, as for criminal contempt, persons guilty of (1) disorderly, contemptuous, or insolent behavior towards the court, or any of its officers in its presence; (2) any breach of the peace, noise, o…
Neb. Rev. Stat. § 25-2122 Punishment; procedure.
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Contempts committed in the presence of the court may be punished summarily; in other cases the party upon being brought before the court, shall be notified of the accusation against him, and have a reasonable time to make his defense.
Neb. Rev. Stat. § 25-2123 Effect of punishment upon criminal liability.
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Persons punished for contempt under the preceding provisions shall nevertheless be liable to indictment, if such contempt shall amount to an indictable offense; but the court before which the conviction shall be had may, in determining the punishment, take into consideration the …
Neb. Rev. Stat. § 25-2124 Ejectment; complaint; allegations.
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In an action for the recovery of real property, it shall be sufficient if the complaint states that the plaintiff has a legal estate therein, and is entitled to the possession thereof, describing the same, and that the defendant unlawfully keeps the plaintiff out of the possessio…
Neb. Rev. Stat. § 25-2125 Ejectment; answer; contents.
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It shall be sufficient in such action if the answer denies generally the title alleged in the complaint, or that the defendant withholds possession, as the case may be; but if the defendant denies the title of the plaintiff, possession by the defendant shall be taken as admitted.…
Neb. Rev. Stat. § 25-2126 Ejectment; actions between tenants in common; complaint; allegations.
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In an action by a tenant in common of real property against a cotenant the plaintiff must state, in addition to what is required in section 25-2124, that the defendant either denies the plaintiff's right, or did some act amounting to such denial.
Neb. Rev. Stat. § 25-2127 Ejectment; plaintiff's right terminating while action pending; verdict; judgment.
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In an action for the recovery of real property, where the plaintiff shows a right to recover at the time the action was commenced, but it appears that his right has terminated during the pendency of the action, the verdict and judgment must be according to the fact, and the plain…
Neb. Rev. Stat. § 25-2128 Ejectment; occupying claimants; rights.
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The parties in an action for the recovery of property may avail themselves, if entitled thereto, of the relief provided for in sections 76-301 to 76-311 for occupying claimants.
Neb. Rev. Stat. § 25-2129 Waste; negligence in preventing; liability.
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Any person whose duty it is to prevent waste, and who has not used reasonable care and diligence to prevent it, is deemed to have committed it.
Neb. Rev. Stat. § 25-213 Tolling of statutes of limitation; when.
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Except as provided in sections 76-288 to 76-298, if a person entitled to bring any action mentioned in Chapter 25, the Political Subdivisions Tort Claims Act, the Nebraska Hospital-Medical Liability Act, the State Contract Claims Act, the State Tort Claims Act, the State Miscella…
Neb. Rev. Stat. § 25-2130 Trespass; liability; damages; when recoverable.
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For willful trespass, injuring any timber, tree, or shrub on the land of another, or in the street or highway in front of another's cultivated ground, yard, or town lot, or on the public grounds of any town, or any land held by this state, for any purpose whatever, the trespasser…
Neb. Rev. Stat. § 25-2131 Trespass; taking timber for repair of public highways or bridges; liability.
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Nothing herein contained authorizes the recovery of more than the just value of the timber taken from uncultivated woodland for the repair of a public highway or bridge in its immediate neighborhood.
Neb. Rev. Stat. § 25-2132 Waste or trespass; remainderman; reversioner; rights.
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The owner of an estate in remainder or reversion, may maintain an action for trespass or waste for injuries done to the inheritance, notwithstanding any intervening estate for life or years.
Neb. Rev. Stat. § 25-2133 Waste or trespass; heir; rights.
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An heir, whether a minor or of full age, may maintain an action for trespass or waste for injuries done in the time of his ancestors as well as in his own time, unless barred by the statute of limitations.
Neb. Rev. Stat. § 25-2134 Waste or trespass; purchaser on execution; rights.
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Where lands or tenements are sold by virtue of an execution, the purchaser at such sale may maintain his action against any person for trespass or waste occurring or existing after his purchase.