Chapter 25 — COURTS; CIVIL PROCEDURE
1,295 sections in this chapter.
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.
Repealed. Laws 1986, LB 529, § 58.
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[Repealed or reserved.]
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…
Repealed. Laws 1999, LB 689, § 17.
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[Repealed or reserved.]
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.
Neb. Rev. Stat. § 25-2310 Fraudulent practices; penalty.
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Anyone who fraudulently fails to disclose material assets or income for the purpose of invoking the privileges of sections 25-2301 to 25-2310 is guilty of perjury and shall, upon conviction thereof, be punished as provided in section 28-915.
Neb. Rev. Stat. § 25-2401 Interpreters; public policy.
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It is hereby declared to be the policy of this state that the constitutional rights of persons unable to communicate the English language cannot be fully protected unless interpreters are available to assist such persons in legal proceedings. It is the intent of sections 25-2401 …
Neb. Rev. Stat. § 25-2402 Terms, defined.
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For the purposes of sections 25-2401 to 25-2407 unless the context otherwise requires: (1) Deaf or hard of hearing person means a person whose hearing impairment, with or without amplification, is so severe that he or she may have difficulty in auditorily processing spoken langua…
Neb. Rev. Stat. § 25-2403 Interpreter; appointment.
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In any proceeding the presiding judge shall appoint an interpreter to assist any person unable to communicate the English language for preparation and trial of his or her case.
Neb. Rev. Stat. § 25-2404 Interpreters; qualifications.
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No person shall be appointed as an interpreter pursuant to sections 25-2401 to 25-2407 unless such person is readily able to communicate with the person unable to communicate the English language, translate the proceedings for him or her, and accurately repeat and translate the s…
Neb. Rev. Stat. § 25-2405 Interpreters; oath.
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Every interpreter, except those certified under the rules of the Supreme Court and who have taken the prescribed oath of office, appointed pursuant to sections 25-2401 to 25-2407, before entering upon his or her duties as such, shall take an oath that he or she will, to the best …
Neb. Rev. Stat. § 25-2406 Interpreters; fees and expenses.
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The fees and expenses of an interpreter shall be fixed and ordered paid by the judge before whom such proceeding takes place, in accordance with a fee schedule established by the Supreme Court, and be paid out of the General Fund with funds appropriated to the Supreme Court for t…
Neb. Rev. Stat. § 25-2407 Interpreters; qualifications.
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Any person who serves as an interpreter for persons unable to communicate the English language in court proceedings or probation services as provided in subsection (6) of section 29-2259 shall meet the standards adopted by the Supreme Court. Such standards shall require that inte…
Neb. Rev. Stat. § 25-2501 Intent and purpose.
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It is the intent and purpose of sections 25-2501 to 25-2506 to establish a uniform procedure to be used in acquiring private property for a public purpose by the State of Nebraska and its political subdivisions and by all privately owned public utility corporations and common car…
Neb. Rev. Stat. § 25-2502 Terms, defined.
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As used in sections 25-2501 to 25-2506 and 70-301, unless the context otherwise requires: (1) Agency shall include the State of Nebraska and any department, board, commission, or similar entity thereof which possesses the authority to acquire property either with or without the u…
Neb. Rev. Stat. § 25-2503 Agency; notice; contents.
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Any agency which proposes to acquire private property for a public purpose shall give notice of such proposed acquisition at least forty-five days before beginning negotiations for such acquisition. The notice shall be directed to each owner of property over or across which any r…
Neb. Rev. Stat. § 25-2504 Agency; hearing; where held; relocations; notice; hearings.
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After giving notice pursuant to section 25-2503, the agency shall hold a public hearing on the proposed project and acquisition at least thirty days before beginning negotiations for such acquisition. Notice of such public hearing shall be published at least ten days prior to suc…
Neb. Rev. Stat. § 25-2505 Public notice; public hearings; when not required; hearing by school district.
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Any agency acquiring property on a willing buyer-willing seller basis or by gift, devise, or any other form of voluntary transfer shall not be required to give the notice set forth in section 25-2503 if such agency has no planned project involving acquisition of the specific prop…
Neb. Rev. Stat. § 25-2506 Sections, how construed.
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Sections 25-2501 to 25-2506 shall be construed to be cumulative and independent legislation and complete in themselves.