Chapter 25 — COURTS; CIVIL PROCEDURE
1,295 sections in this chapter.
Neb. Rev. Stat. § 25-218 Claims by and against the state; when barred.
0.6K chars
Every claim and demand against the state shall be forever barred unless action is brought thereon within two years after the claim arose. Every claim and demand on behalf of the state, except for revenue, or upon official bonds, or for loans or money belonging to the school funds…
Neb. Rev. Stat. § 25-2180 Referee or referees; appointment; duty.
0.2K chars
Upon entering such judgment the court shall appoint a referee or referees, not exceeding three in number, to make partition into the requisite number of shares.
Neb. Rev. Stat. § 25-2181 Report of referees.
0.1K chars
If it appears to the referee or referees that partition cannot be made without great prejudice to the owners, they shall so report to the court.
Neb. Rev. Stat. § 25-2182 Referees; special allotments; when directed.
0.2K chars
For good and sufficient reasons appearing to the court, the referee or referees may be directed to allot particular portions of the land to particular individuals. In other cases the shares must be made as nearly as possible of equal value.
Neb. Rev. Stat. § 25-2183 Sale; order; place held.
0.4K chars
If satisfied with such report the court shall cause an order to be entered directing the referee or referees to sell the premises so situated, and shall also fix the place and terms of sale. The sale may be held at any place in the county in which the action is brought, or if the…
Neb. Rev. Stat. § 25-2184 Referees; bond; conditions; further security.
0.3K chars
Before proceeding to sell, the referee or referees shall each give security, to be fixed by the court and to be approved by the clerk of said court or the judge thereof, conditioned for the faithful discharge of his duties. At any time thereafter the court may require further and…
Neb. Rev. Stat. § 25-2185 Sale of property; notice; procedure.
0.2K chars
The same notice of sale shall be given as when lands are sold on execution by the sheriff, and the sale shall be conducted in like manner, except as to place of sale.
Neb. Rev. Stat. § 25-2186 Sale of property; report of referee.
0.2K chars
After completing said sale, the referee or referees must report their proceedings to the court, with a description of the different parcels of land sold to each purchaser, and the price bid therefor, which report shall be filed with the clerk.
Neb. Rev. Stat. § 25-2187 Encumbrances; referee; appointment; report; appeal.
0.2K chars
If deemed advisable, the court may appoint a referee to inquire into the nature and amount of encumbrances, and report accordingly. From that report an appeal lies to the court.
Neb. Rev. Stat. § 25-2188 Encumbrances; duty of referee; notice of hearing.
0.2K chars
The referee shall give the parties interested at least five days' notice of the time and place when he will receive proof of the amount of such encumbrances.
Neb. Rev. Stat. § 25-2189 Encumbrances; evidence before referee.
0.1K chars
In taking such proof he may receive, with other evidence, the affidavit of the parties interested.
Neb. Rev. Stat. § 25-219 Actions upon liability created by federal statute.
0.3K chars
All actions upon a liability created by a federal statute, other than a forfeiture or penalty, for which actions no period of limitations is provided in such statute shall be commenced within three years next after the cause of action shall have accrued.
Neb. Rev. Stat. § 25-2190 Encumbrances; payment with consent of owner.
0.2K chars
If any encumbrance is ascertained to exist, the proceeds of the sale of that portion, after the payment of costs, or so much thereof as is necessary, shall, if the owner consents, be paid over to the encumbrancer.
Neb. Rev. Stat. § 25-2191 Encumbrances; objection of owner to payment; procedure; notice.
0.3K chars
If the owner objects to the payment of such encumbrance, the money shall be retained or invested by order of the court to await final action in relation to its disposition, and notice thereof shall be forthwith given to the encumbrancer, unless he has already been made a party.
Neb. Rev. Stat. § 25-2192 Issue between owner and encumbrancer; order; effect.
0.1K chars
The court may direct an issue to be made up between the encumbrancer and the owner, which shall be decisive of their respective rights.
Neb. Rev. Stat. § 25-2193 Encumbrances; life estate or estate for years; settlement in gross; investment of proceeds.
0.4K chars
If an estate for life or years be found to exist as an encumbrance upon any part of said property, and if the parties cannot agree upon the sum in gross which they will consider an equivalent for such estate, the court shall direct the avails of the encumbered property to be inve…
Neb. Rev. Stat. § 25-2194 Encumbrance proceedings; not to delay distribution of other shares.
0.2K chars
The proceedings in relation to the encumbrances shall not delay the distribution of the proceeds of other shares in respect to which no difficulties exist.
Neb. Rev. Stat. § 25-2195 Security for refund.
0.3K chars
The court in its discretion may require all or any of the parties, before they receive the money arising from any sale authorized in sections 25-2170 to 25-21,111, to give satisfactory security to refund such money with interest, in case it afterward appears that such parties wer…
Neb. Rev. Stat. § 25-2196 Order of conveyance; when made; purchase money security.
0.3K chars
If the sales aforesaid are approved and confirmed, an order shall be entered directing the referee or referees, or a majority thereof, to execute conveyances pursuant to such sales. But no conveyance can be made until all the money is paid, without receiving from the purchaser a …
Neb. Rev. Stat. § 25-2197 Conveyances; valid against subsequent purchasers and parties to action.
0.3K chars
Such conveyances so executed, being recorded in the county where the premises are situated, shall be valid against all subsequent purchasers, and also against all persons interested at the time who were made parties to the proceedings in the mode pointed out by law.
Repealed. Laws 1951, c. 73, § 1, p. 229.
0.0K chars
[Repealed or reserved.]
Neb. Rev. Stat. § 25-2199 Disapproval of sale; refund.
0.1K chars
If the sales are disapproved the money paid and the securities given must be returned to the persons respectively entitled thereto.
Repealed. Laws 1959, c. 264, § 1.
0.0K chars
[Repealed or reserved.]
Neb. Rev. Stat. § 25-2201 Process; style.
0.2K chars
The style of all processes shall be "The State of Nebraska, .............. county." It shall be under the seal of the court from whence the same shall issue, shall be signed by the clerk, and dated the day it issued.
Neb. Rev. Stat. § 25-2202 Service when sheriff is a party or is interested.
0.3K chars
An order for a provisional remedy or any other process, in an action wherein the sheriff is a party, or is interested, shall be directed to the coroner. If both these officers are interested, the process shall be directed to and executed by a person appointed by the court or judg…
Neb. Rev. Stat. § 25-2203 Process; special process server; return; appointed on motion; fees.
0.6K chars
The court or judge, for good cause, may appoint a person, corporation, partnership, or limited liability company to serve a particular process or order which person or entity shall have the same power to execute it which the sheriff has. The person or entity may be appointed on t…
Neb. Rev. Stat. § 25-2204 Clerks of courts; writs and orders; issuance; praecipes.
0.4K chars
All writs and orders for provisional remedies and process of every kind, shall be issued by the clerks of the several courts. Before they shall be issued a praecipe shall be filed with the clerk, demanding the same; which praecipe shall be for the direction of the clerk, and not …
Neb. Rev. Stat. § 25-2205 Case file and record; preservation.
0.3K chars
The clerk of each of the courts shall maintain and preserve a case file and a record of all documents delivered to him or her for that purpose in every action or special proceeding. Retention and disposition of the records shall be determined by the State Records Administrator pu…
Neb. Rev. Stat. § 25-2206 Papers; endorsement.
0.2K chars
The clerk of the court shall endorse upon every paper filed with him, the day of filing it; and upon every order for a provisional remedy, and upon every undertaking given under the same, the day of its return to his office.
Neb. Rev. Stat. § 25-2207 Record of service of summons; entry as evidence.
0.3K chars
The clerk of the court shall, upon the return of every summons served, enter upon the record the name of the defendant or defendants summoned and the day of the service upon each one. The entry shall be evidence of the service of the summons in case of the loss thereof.
Neb. Rev. Stat. § 25-2208 Judicial records; duty to keep.
0.1K chars
The clerk of the court shall keep the records, books and papers appertaining to the court, and record its proceedings.
Neb. Rev. Stat. § 25-2209 Clerk of district court; required records enumerated.
1.6K chars
(1) The clerk of the district court shall keep records, to be maintained on the court's electronic case management system, called the register of actions, the trial docket, the judge's docket notes, the financial record, the general index, the judgment index, and the case file. R…
Neb. Rev. Stat. § 25-221 Statute of limitations; trial procedure.
0.8K chars
In any action in which it is claimed by one or more of the defendants that the action is barred by the statute of limitations any party may move that the issue raised by the statute of limitations be tried separately and determined before any other issues in the case. Issues of f…
Repealed. Laws 2018, LB193, § 97.
0.0K chars
[Repealed or reserved.]
Neb. Rev. Stat. § 25-2211 Trial docket.
1.6K chars
The trial docket shall be available for the court on the first day of each month setting forth each case pending in the order of filing of the complaint to be called for trial. For the purpose of arranging the trial docket, an issue shall be considered as made up when either part…
Repealed. Laws 2018, LB193, § 97.
0.0K chars
[Repealed or reserved.]
Repealed. Laws 2018, LB193, § 97.
0.0K chars
[Repealed or reserved.]
Repealed. Laws 1992, LB 1059, § 29.
0.0K chars
[Repealed or reserved.]
Neb. Rev. Stat. § 25-2213 Clerks of courts of record other than district courts; duties.
0.1K chars
The provisions of sections 25-2204 to 25-2211 shall, as far as applicable, apply to clerks of other courts of record.
Neb. Rev. Stat. § 25-2214 Clerks of courts; general powers and duties.
0.5K chars
The clerk of each of the courts shall exercise the powers and perform the duties conferred and imposed upon him by other provisions of this code, by other statutes and by the common law. In the performance of his duties he shall be under the direction of his court. It shall be th…
Neb. Rev. Stat. § 25-2214.01 Clerk of district court; money or property received; powers and duties.
1.1K chars
(1) Whenever any money or other property is received by the clerk of the district court, he or she shall carefully manage it and may, when the money cannot immediately be paid out to its rightful owner, deposit the money in interest-bearing accounts in insured banking or savings …
Transferred to section 23-1701.05.
0.0K chars
[Repealed or reserved.]
Transferred to section 23-1701.06.
0.0K chars
[Repealed or reserved.]
Transferred to section 23-1701.03.
0.0K chars
[Repealed or reserved.]
Neb. Rev. Stat. § 25-2218 Common law; applicability.
0.1K chars
The rule of the common law that statutes in derogation thereof are to be strictly construed has no application to this code.
Neb. Rev. Stat. § 25-2219 Deputies of ministerial officers; acts; effect.
0.1K chars
Any duty enjoined by this code upon a ministerial officer, and any act permitted to be done by him, may be performed by his lawful deputy.
Neb. Rev. Stat. § 25-222 Actions on professional negligence.
1.0K chars
Any action to recover damages based on alleged professional negligence or upon alleged breach of warranty in rendering or failure to render professional services shall be commenced within two years next after the alleged act or omission in rendering or failure to render professio…
Neb. Rev. Stat. § 25-2220 Oaths and affirmations.
0.1K chars
Whenever an oath is required by this code, the affirmation of a person conscientiously scrupulous of taking an oath, shall have the same effect.
Neb. Rev. Stat. § 25-2221 Time; how computed; offices may be closed, when; federal holiday schedule observed; exceptions.
1.9K chars
Except as may be otherwise more specifically provided, the period of time within which an act is to be done in any action or proceeding shall be computed by excluding the day of the act, event, or default after which the designated period of time begins to run. The last day of th…
Neb. Rev. Stat. § 25-2222 Sureties; affidavit of qualifications; effect.
0.4K chars
Ministerial officers, whose duty it is to take security on undertakings, bonds and recognizances, provided by this code, shall require the person offered as surety to make an affidavit of his qualifications. The taking of such an affidavit shall not exempt any ministerial officer…