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1,151 sections in this chapter.
Neb. Rev. Stat. § 25-2205 Case file and record; preservation.
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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.
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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.
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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.
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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.
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(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.
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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…
Neb. Rev. Stat. § 25-2211 Trial docket.
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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…
Neb. Rev. Stat. § 25-2213 Clerks of courts of record other than district courts; duties.
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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.
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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.
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(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 …
Neb. Rev. Stat. § 25-2218 Common law; applicability.
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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.
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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.
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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.
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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.
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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.
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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…
Neb. Rev. Stat. § 25-2223 Sureties; justification; requirements.
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The surety in every undertaking, bond and recognizance, provided by this code, must be a resident of this state and must have property, liable to execution, situate in the county in this state in which such undertaking, bond or recognizance is to be given and filed, worth at leas…
Neb. Rev. Stat. § 25-2224 Cases not provided for in this code; procedure.
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If a case ever arise in which an action for the enforcement or protection of a right, or the redress or prevention of a wrong, cannot be had under this code, the practice heretofore in use may be adopted so far as may be necessary to prevent a failure of justice.
Neb. Rev. Stat. § 25-2225 Special statutory proceedings; procedure; how affected by this code.
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Where, by general or special statute, a civil action, legal or equitable, is given and the mode of proceeding therein is prescribed, this code shall not affect the proceedings under such statute, until the Legislature shall otherwise provide; but in all such cases, as far as it m…
Neb. Rev. Stat. § 25-2226 Terms, defined.
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The words found in Chapter 25 shall be construed and held to mean as follows: Complainant means plaintiff; bill means complaint; suit means action or civil action; and decree means judgment; and all other words and terms found in Chapter 25, heretofore applicable to the chancery …
Neb. Rev. Stat. § 25-2227 Legal notices; week, defined.
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Wherever the statutes of Nebraska provide for the publication of notices any number of weeks, or for any number of weeks, the term week shall be construed to mean either a period of time known as a calendar week beginning on Sunday and ending with Saturday, or any period of seven…
Neb. Rev. Stat. § 25-2228 Legal notices; how published.
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(1) All legal publications and notices of whatever kind or character that may by law be required to be published a certain number of days or a certain number of weeks shall be legally published when they have been published in a print edition of a daily, weekly, semiweekly, or tr…
Neb. Rev. Stat. § 25-2229 Constables; contracts authorized.
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(1) In counties having a population of one hundred thousand or more inhabitants, each judge of the county court may contract with one constable for purposes of serving or otherwise executing, according to law, and returning writs or other legal process. Such constables shall not …
Neb. Rev. Stat. § 25-223 Action on breach of warranty on improvements to real property.
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(1) Any action to recover damages based on any alleged breach of warranty on improvements to real property or based on any alleged deficiency in the design, planning, supervision, or observation of construction, or construction of an improvement to real property, except improveme…
Neb. Rev. Stat. § 25-2230 Constables; bond; approval; amount.
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Constables in county court shall give bond in the amount of five thousand dollars signed by two or more sureties who shall each qualify in twice the amount of the bond, or by some responsible surety or bonding company authorized by law to execute surety bonds in this state, to be…
Neb. Rev. Stat. § 25-2231 Constables; authority; violation; penalty.
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In serving all civil process and in doing his or her duties generally, when not otherwise restricted by law, the authority of a constable shall extend throughout the territory in which the judges of the county court who appointed him or her have jurisdiction, and in executing and…
Neb. Rev. Stat. § 25-2232 Sheriffs; general powers.
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All sheriffs shall be ministerial officers in county courts in their respective jurisdictions' civil and criminal cases, and civil and criminal processes may be executed by them throughout the jurisdiction.
Neb. Rev. Stat. § 25-2233 Sheriff; service of process.
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It shall be the duty of every sheriff to serve and execute all warrants, writs, precepts, executions, and other legal process to him or her directed and delivered.
Neb. Rev. Stat. § 25-2234 Sheriff; return of process.
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It shall be the duty of every sheriff to make due return of all legal process to him or her directed and by him or her delivered or served by certified or registered mail, at the proper office and on the proper return day thereof, or if the judgment is recorded in the district co…
Neb. Rev. Stat. § 25-2235 Sheriff; process; return; contents.
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It shall be the duty of every sheriff, on the receipt of any writ or other legal process, except subpoenas, to note thereon the time of receiving the same. The sheriff shall also state in his or her return on the same the time and manner of executing it.
Neb. Rev. Stat. § 25-2236 Constables and sheriffs; return of not found; when made.
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No officer shall make a return on any process of "not found" as to any defendant, unless he shall have been once at least to the usual place of residence of the defendant, if such defendant has any in the jurisdiction of the court.
Neb. Rev. Stat. § 25-2237 Constables and sheriffs; take person into custody; procedure.
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When it shall become the duty of the officer to take the body of any person to the jail of the county, he shall deliver to the sheriff or jailer a certified copy of the execution, commitment or other processes, whereby he holds such person in custody, and return the original to t…
Neb. Rev. Stat. § 25-2238 Sheriffs; money collected; accounting and payment.
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Sheriffs shall pay over to the party entitled thereto all money received in his or her official capacity if demand is made by such party, or such party's agent or attorney, at any time before he or she returns the writ upon which he or she has received it. If not paid over by tha…
Neb. Rev. Stat. § 25-2239 Sheriffs; neglect of duty; penalty; how recovered.
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Sheriffs shall be liable to twenty percent penalty upon the amount of damages for which judgment may be entered against them for failing to make return, making false return, or failing to pay over money collected or received in his or her official capacity. Such judgment must inc…
Neb. Rev. Stat. § 25-224 Actions on product liability.
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(1) All product liability actions, except one governed by subsection (5) of this section, shall be commenced within four years next after the date on which the death, injury, or damage complained of occurs. (2)(a) Notwithstanding subsection (1) of this section or any other statut…
Neb. Rev. Stat. § 25-2240 Civil action; settlement; payment of costs.
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The parties to a civil action may, as part of a settlement of the action, agree to the payment of costs of the action.
Neb. Rev. Stat. § 25-226 Cause of action against a common carrier; limitation.
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A cause of action for a freight damage claim, a rate overcharge, a claim for damages resulting from a delay in transportation, or a claim for a lost shipment against a common carrier shall be barred unless it is filed with a court having jurisdiction of the amount in dispute with…
Neb. Rev. Stat. § 25-227 Action to enforce obligation to pay certificate of deposit; when.
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(1) For purposes of this section: (a) Account agreement means one or more written instruments that establish when a certificate of deposit is payable; (b) Certificate of deposit means a deposit or share account at a depository institution that: (i) Is payable by the depository in…
Neb. Rev. Stat. § 25-228 Action by victim of sexual assault of a child; when.
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(1) Notwithstanding any other provision of law: (a) There shall not be any time limitation for an action against the individual or individuals directly causing an injury or injuries suffered by a plaintiff when the plaintiff was a victim of a violation of section 28-319.01 or 28-…
Neb. Rev. Stat. § 25-229 Action against real estate licensee; when.
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(1) For purposes of this section, real estate licensee means a broker or salesperson who is licensed under the Nebraska Real Estate License Act. (2) Any action to recover damages based on any act or omission of a real estate licensee relating to real estate brokerage services sha…
Neb. Rev. Stat. § 25-2301 Terms, defined.
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For purposes of sections 25-2301 to 25-2310: (1) Case includes any suit, action, or proceeding; and (2) In forma pauperis means the permission given by the court for a party to proceed without prepayment of fees and costs or security.
Neb. Rev. Stat. § 25-2301.01 Application; contents.
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Any county or state court, except the Nebraska Workers' Compensation Court, may authorize the commencement, prosecution, defense, or appeal therein, of a civil or criminal case in forma pauperis. An application to proceed in forma pauperis shall include an affidavit stating that …
Neb. Rev. Stat. § 25-2301.02 Application; objection; hearing; appeal.
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(1) An application to proceed in forma pauperis shall be granted unless there is an objection that the party filing the application (a) has sufficient funds to pay costs, fees, or security or (b) is asserting legal positions which are frivolous or malicious. The objection to the …
Neb. Rev. Stat. § 25-2302 Costs of action.
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In any civil or criminal case in which a party is permitted to proceed in forma pauperis, the court shall direct the responsible officer of the court to issue and serve all the necessary writs, process, and proceedings and perform all such duties without charge.
Neb. Rev. Stat. § 25-2303 Process; costs; payment by county.
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In any civil or criminal case in which a party is permitted to proceed in forma pauperis, the court shall direct that the expense of process by publication, if such process is required by the court, be paid by the county in the same manner as other claims are paid.
Neb. Rev. Stat. § 25-2304 Witness; subpoena; process; fees; payment by county.
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In any civil or criminal case in which a party is permitted to proceed in forma pauperis, the court may order witnesses to be subpoenaed if the court finds that they have evidence material and necessary to the case and that they are within the judicial district in which the court…
Neb. Rev. Stat. § 25-2305 Appeal; printing of record; cost paid by county.
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In civil or criminal cases in which a party is permitted to proceed in forma pauperis, the court shall direct that the expenses of printing the record on appeal, if such printing is required by the appellate court, be paid by the county in the same manner as other claims are paid…
Neb. Rev. Stat. § 25-2306 Transcripts; costs; payment by county.
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In any civil or criminal case in which a party is permitted to proceed in forma pauperis, the court shall order transcripts to be furnished without cost if the suit or appeal is not frivolous but presents a substantial question and if the transcript is needed to prepare, present,…
Neb. Rev. Stat. § 25-2307 Appellate briefs; costs; payment by county.
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In any civil or criminal case in which a party is permitted to proceed in forma pauperis, on appeal the court shall direct that the expense of printing of the appellate briefs, if such printing is required by the court, be paid by the county in the same manner as other claims are…
Neb. Rev. Stat. § 25-2309 Satisfaction of costs; when.
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In the event any person prosecutes or defends a case in forma pauperis successfully, any and all cost deferred by the court under sections 25-2301 to 25-2310 shall be first satisfied out of any money paid in satisfaction of judgment.