Chapter 25 — COURTS; CIVIL PROCEDURE
1,295 sections in this chapter.
Neb. Rev. Stat. § 25-2601 Act, how cited.
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Sections 25-2601 to 25-2622 shall be known and may be cited as the Uniform Arbitration Act.
Repealed. Laws 1997, LB 151, § 14.
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[Repealed or reserved.]
Neb. Rev. Stat. § 25-2602.01 Validity of arbitration agreement.
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(a) A written agreement to submit any existing controversy to arbitration is valid, enforceable, and irrevocable except upon such grounds as exist at law or in equity for the revocation of any contract. (b) A provision in a written contract to submit to arbitration any controvers…
Neb. Rev. Stat. § 25-2602.02 Contract; statement required.
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The following statement shall appear in capitalized, underlined type adjoining the signature block of any standardized agreement in which binding arbitration is the sole remedy for dispute resolution: THIS CONTRACT CONTAINS AN ARBITRATION PROVISION WHICH MAY BE ENFORCED BY THE PA…
Neb. Rev. Stat. § 25-2603 Proceedings to compel or stay arbitration.
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(a) On application of a party showing an agreement described in section 25-2602.01 and the opposing party's refusal to arbitrate, the court shall order the parties to proceed with arbitration, but if the opposing party denies the existence of the agreement to arbitrate, the court…
Neb. Rev. Stat. § 25-2604 Appointment of arbitrators by court.
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If the arbitration agreement provides a method of appointment of arbitrators, this method shall be followed. In the absence thereof, or if the agreed method fails or for any reason cannot be followed, or when an arbitrator appointed fails or is unable to act and a successor has n…
Neb. Rev. Stat. § 25-2604.01 Arbitrators; disqualification.
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Any person proposed for nomination by all parties or all party arbitrators to serve as a neutral arbitrator shall disqualify himself or herself, upon demand of any party to the arbitration agreement made before the commencement of the proceedings, on any of the grounds specified …
Neb. Rev. Stat. § 25-2605 Majority action by arbitrators.
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The powers of the arbitrators may be exercised by a majority unless otherwise provided by the agreement or by the Uniform Arbitration Act.
Neb. Rev. Stat. § 25-2606 Hearing.
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Unless otherwise provided by the agreement: (a) The arbitrators shall appoint a time and place for the hearing and cause notification to the parties to be served personally or by registered or certified mail not less than ten days before the hearing. Appearance at the hearing wai…
Neb. Rev. Stat. § 25-2607 Representation by attorney.
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A party has the right to be represented by an attorney at any proceeding or hearing under the Uniform Arbitration Act. A waiver thereof prior to the proceeding or hearing is ineffective.
Neb. Rev. Stat. § 25-2608 Witnesses, subpoenas, depositions.
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(a) The arbitrators may issue or cause to be issued subpoenas for the attendance of witnesses, for the taking of depositions, and for the production of books, records, documents, and other evidence and shall have the power to administer oaths. Subpoenas so issued shall be served …
Neb. Rev. Stat. § 25-2609 Award.
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(a) The award shall be in writing and signed by the arbitrators joining in the award. The arbitrators shall deliver a copy to each party personally or by registered or certified mail or as provided in the agreement. (b) An award shall be made within the time fixed therefor by the…
Neb. Rev. Stat. § 25-2610 Change of award by arbitrators.
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On application of a party or, if an application to the court is pending under section 25-2612, 25-2613, or 25-2614, on submission to the arbitrators by the court under such conditions as the court may order, the arbitrators may modify or correct the award upon the grounds stated …
Neb. Rev. Stat. § 25-2611 Fees and expenses of arbitration.
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Unless otherwise provided in the agreement to arbitrate, the arbitrators' expenses and fees together with other expenses, not including counsel fees, incurred in the conduct of the arbitration shall be paid as provided in the award.
Neb. Rev. Stat. § 25-2612 Confirmation of award.
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Within sixty days of the application of a party, the court shall confirm an award, unless within the time limits hereinafter imposed grounds are urged for vacating or modifying or correcting the award, in which case the court shall proceed as provided in sections 25-2613 and 25-2…
Neb. Rev. Stat. § 25-2613 Vacating an award.
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(a) Upon application of a party, the court shall vacate an award when: (1) The award was procured by corruption, fraud, or other undue means; (2) There was evident partiality by an arbitrator appointed as a neutral or corruption in any of the arbitrators or misconduct prejudicing…
Neb. Rev. Stat. § 25-2614 Modification or correction of award.
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(a) Upon application made within ninety days after delivery of a copy of the award to the applicant, the court shall modify or correct the award when: (1) There was an evident miscalculation of figures or an evident mistake in the description of any person, thing, or property ref…
Neb. Rev. Stat. § 25-2615 Judgment or decree on award.
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Upon the granting of an order confirming, modifying, or correcting an award, a judgment or decree shall be entered in conformity therewith and be enforced as any other judgment or decree. Costs of the application and of the proceedings subsequent thereto and disbursements may be …
Repealed. Laws 2018, LB193, § 97.
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[Repealed or reserved.]
Neb. Rev. Stat. § 25-2617 Application to court; procedure.
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Except as otherwise provided, an application to the court under the Uniform Arbitration Act shall be by motion and shall be heard in the manner and upon the notice provided by law or rule of court for the making and hearing of motions. Unless the parties have agreed otherwise, no…
Neb. Rev. Stat. § 25-2618 District court; jurisdiction; act; how construed.
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(a) The term court shall mean any district court of this state. The making of an agreement described in section 25-2602.01 providing for arbitration in this state confers jurisdiction on the court to enforce the agreement under the Uniform Arbitration Act and to enter judgment on…
Neb. Rev. Stat. § 25-2618.01 Small Claims Court; jurisdiction; when; transfer limited; appeal.
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(a) Whenever the amount of a controversy subject to the terms of an otherwise valid arbitration agreement is within the jurisdiction of the Small Claims Court under section 25-2802, a party may submit the controversy to the Small Claims Court for ultimate resolution under section…
Neb. Rev. Stat. § 25-2619 Venue.
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An initial application shall be made to the court of the county in which the agreement provides the arbitration hearing shall be held or, if the hearing has been held, in the county in which it was held. Otherwise the application shall be made in the county where the adverse part…
Neb. Rev. Stat. § 25-2620 Appeals.
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(a) An appeal may be taken from: (1) An order denying an application to compel arbitration made under section 25-2603; (2) An order granting an application to stay arbitration made under subsection (b) of section 25-2603; (3) An order confirming or denying confirmation of an awar…
Neb. Rev. Stat. § 25-2621 Act not retroactive.
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The Uniform Arbitration Act applies only to agreements made subsequent to August 30, 1987.
Neb. Rev. Stat. § 25-2622 Act, how construed.
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The Uniform Arbitration Act shall be so construed as to effectuate its general purpose to make uniform the law of those states which enact it.
Neb. Rev. Stat. § 25-2701 Rules of procedure; county court power to seal records; applicability of rules of civil procedure to Uniform Probate Code.
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(1) All provisions in the rules and codes of criminal and civil procedure governing actions and proceedings in the district court not in conflict with statutes specifically governing procedure in county courts and related to matters for which no specific provisions have been made…
Neb. Rev. Stat. § 25-2702 Appearances; representation; attorney; qualification.
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No person shall appear in the county court to represent another, or act as attorney therein for any person other than himself or herself, unless he or she is regularly admitted as an attorney in this state.
Neb. Rev. Stat. § 25-2703 Cities and villages; prosecution of complaints; ordinances; file with court.
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Any city or village attorney may sign and prosecute complaints in the county court for any violation of any ordinance of the city or village for which he or she is attorney. After January 1, 1974, no city or village may prosecute complaints for violations of ordinances unless suc…
Neb. Rev. Stat. § 25-2704 Summons; pleadings; time for filings; trial date; telephonic or videoconference hearing; authorized.
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(1) In any civil action in county court, the summons, pleadings, and time for filings shall be the same as provided for civil actions in district court. A case shall stand for trial at the earliest available time on the trial docket after the issues therein are or, according to t…
Neb. Rev. Stat. § 25-2705 Trial by jury; demand for; exceptions; time; laws applicable.
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(1) Either party to any case in county court, except criminal cases arising under city or village ordinances, traffic infractions, other infractions, and any matter arising under the Nebraska Probate Code or the Nebraska Uniform Trust Code, may demand a trial by jury. In civil ca…
Neb. Rev. Stat. § 25-2706 County court; certify proceedings to district court; when; avoidance of county court jurisdiction; recovery of costs prohibited.
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The county court shall certify proceedings to the district court of the county in which an action is pending (1) when the pleadings or discovery proceedings indicate that the amount in controversy is greater than the jurisdictional amount in subdivision (5) of section 24-517 and …
Neb. Rev. Stat. § 25-2707 Garnishment; amount in excess of jurisdiction of county court; transfer to district court; proceedings certified.
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Whenever proceedings under sections 25-1011 and 25-1026 to 25-1031.01, or under section 25-1056, are had in any county court and it shall appear by the pleadings or other answers to interrogatories filed by the garnishee that there is an amount in excess of the jurisdictional dol…
Neb. Rev. Stat. § 25-2708 Estates, guardianships, conservatorships, and trusts; real estate; certificate of pending proceeding; filing; county judge; duties; guardian or conservator; filing required.
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In any proceeding in the county court involving (1) the probate of wills, (2) the administration of estates, (3) the determination of heirs, (4) the determination of inheritance tax, (5) guardianships, (6) conservatorships, where real estate is any part of the assets of the estat…
Neb. Rev. Stat. § 25-2709 Probate, adoption, trust jurisdiction; continuances.
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In all proceedings within the probate, guardianship, conservatorship, adoption, or trust jurisdiction of the county court when a date for a hearing has been fixed and when no action is taken by the court at the time so fixed, the cause shall stand continued from day to day as a m…
Neb. Rev. Stat. § 25-2710 Fees and costs; payment; effect.
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It shall be lawful for any person liable for the payment of any fees and costs charged or taxed in any civil or criminal action, or in any proceeding authorized by law to be brought in the county court, to pay such costs and fees to the county judge or to the clerk of the county …
Neb. Rev. Stat. § 25-2711 Clerk; liable for fees; accounting; indigent person; waiver of fees, when.
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It shall be the duty of the clerk of the court to demand the payment of all fees in advance in civil cases. He or she shall be charged with all fees earned by the court and shall be required to account for the same. Upon written application by and such evidence as the court may r…
Neb. Rev. Stat. § 25-2712 Fees and costs; amount; transmit to State Treasurer; deposited in General Fund.
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Fees and costs in the county court shall be those provided by Chapter 33. Each clerk of the court shall, not later than the fifteenth day of the month following the calendar month in which they were received, transmit all such fees and costs received together with any interest or…
Neb. Rev. Stat. § 25-2713 Clerk of county court; invest money received; rules.
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When any money received by the clerk of the county court is not immediately paid out and the investment of such money is not otherwise provided for by law, the clerk of the county court shall invest such money or portion thereof as may be provided for by rules issued by the Supre…
Neb. Rev. Stat. § 25-2714 Legacies, devises, distributive shares; unclaimed; payment to judge; effect.
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In case of an executor of a last will and testament which has been admitted to probate in any county court in this state, and in case of an administrator of the estate of a deceased intestate, upon making a satisfactory showing to the court of the inability of such an executor to…
Neb. Rev. Stat. § 25-2715 Fees, legacies, devises, distributive shares; payment to claimant; record.
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It shall be the duty of the county judge to pay any fees, money, costs, legacies, devises, or sums due creditors, held by him, to the person entitled thereto, upon proof of his identity to the satisfaction of the judge. A plain record shall be kept of all such fees, money, costs,…
Neb. Rev. Stat. § 25-2716 Unclaimed funds; judge; payment to successor.
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Upon the expiration of any judge's term of office, he shall pay to his successor in office, any fees, money, costs, legacies, devises or money due any heir, creditor, or other person, in his possession, which have not been paid to the persons entitled thereto, or applied as provi…
Neb. Rev. Stat. § 25-2717 Unclaimed funds; payment to State Treasurer; disposition.
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If any fees, money, condemnation awards, legacies, devises, sums due creditors, or costs due or belonging to any heir, legatee, or other person or persons have not been paid to or demanded by the person or persons entitled to the funds within three years from the date the funds w…
Neb. Rev. Stat. § 25-2718 Offer of judgment; effect; as evidence.
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If the defendant, at any time before trial, offers in writing to allow judgment to be taken against him for a specified sum, the plaintiff may immediately have judgment therefor, with the costs then accrued. If he does not accept such offer before the trial, and fails to recover …
Neb. Rev. Stat. § 25-2719 Judgments; notice; to whom sent.
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Within three days after entry of any judgment, the clerk of the county court shall send notice of the judgment by first-class United States mail to each party's attorney or attorneys of record or, if none, to an individual defendant at his or her usual place of residence, if know…
Repealed. Laws 1998, LB 234, § 12.
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[Repealed or reserved.]
Neb. Rev. Stat. § 25-2720.01 Power to set aside, vacate, or modify judgments or orders.
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The county court, including the Small Claims Court and the county court when sitting as a juvenile court, shall have the power to set aside default judgments and to vacate or modify its own judgments or orders during or after the term at which such judgments or orders were made i…
Neb. Rev. Stat. § 25-2721 Judgment; execution; lien on real estate; conditions.
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(1) Any person having a judgment rendered by a county court may request the clerk of such court to issue execution on the judgment in the same manner as execution is issued upon other judgments rendered in the county court and direct the execution on the judgment to any county in…
Neb. Rev. Stat. § 25-2722 Record; certification required; effect.
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Every record made in any county court, excepting original orders, judgments and decrees thereof, shall have attached thereto a certificate signed by the judge of such court, showing the date of such record and the county in which the same is made, and it shall not be necessary to…
Neb. Rev. Stat. § 25-2723 Probate books, enumeration.
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The probate books shall consist of a probate record, a fee book, a general index to probate records, an index to wills deposited, and such additional records as are needed to carry out the provisions of the Nebraska Probate Code.