Chapter 25 — COURTS; CIVIL PROCEDURE
1,295 sections in this chapter.
Neb. Rev. Stat. § 25-2724 Probate record; retention.
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The probate record shall be permanently retained on microfilm or in its original form in accordance with the Records Management Act. Evidence shall be retained as required by the Supreme Court.
Neb. Rev. Stat. § 25-2725 Fee book; contents.
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The fee book shall contain an entry of the title of all probate proceedings, the date of each paper issued or filed, and the date of all orders and judgments entered therein together with an exact amount of all fees allowed, taxed and paid in each proceeding, showing the names of…
Neb. Rev. Stat. § 25-2726 General index; contents.
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The general index to probate records shall contain an alphabetical list of all estate matters brought before the court, the file number of the estate, the name of each estate administered upon, or guardianship or other probate matter presented to the court for its determination, …
Neb. Rev. Stat. § 25-2727 Index to wills deposited; contents.
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The index to wills deposited shall contain a memorandum of the date of each will deposited with the county judge for safekeeping, the names of the testators in alphabetical order, the name of the party delivering each will to the county judge, and a column in which shall be noted…
Neb. Rev. Stat. § 25-2728 Appeals; parties; applicability of sections.
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(1) Any party in a civil case and any defendant in a criminal case may appeal from the final judgment or final order of the county court to the district court of the county where the county court is located. In a criminal case, a prosecuting attorney may obtain review by exceptio…
Neb. Rev. Stat. § 25-2729 Appeals; procedure.
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(1) In order to perfect an appeal from the county court, the appealing party shall within thirty days after the entry of the judgment or final order complained of: (a) File with the clerk of the county court a notice of appeal; and (b) Deposit with the clerk of the county court a…
Neb. Rev. Stat. § 25-2730 Appeal; operate as supersedeas; when; bond; criminal cases; appeal; effect.
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(1) In cases involving a money judgment or a judgment for the possession of specified personal property, no appeal shall operate as a supersedeas unless the appellant within thirty days after the entry of the judgment deposits with the clerk of the county court a cash bond or an …
Neb. Rev. Stat. § 25-2731 Appeal; transcript; contents; clerk; duties.
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(1) Upon perfection of the appeal, the clerk of the county court shall transmit within ten days to the clerk of the district court a certified copy of the transcript and the docket fee, whereupon the clerk of the district court shall file the appeal. A copy of any bond or underta…
Neb. Rev. Stat. § 25-2732 Testimony; preservation; bill of exceptions; cost.
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(1) Testimony in all civil and criminal cases in county court shall be preserved by multi-track recorders, but the court may order the use of a court reporter in any case. (2) Standards for equipment for recording testimony and rules for using such equipment shall be prescribed b…
Neb. Rev. Stat. § 25-2733 Appeals; district court; review record; disposition; costs.
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(1) In all cases the district court shall review the case for error appearing on the record made in the county court. The district court shall render a judgment which may affirm, affirm but modify, or reverse the judgment or final order of the county court. If the district court …
Repealed. Laws 2008, LB 1014, § 80.
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[Repealed or reserved.]
Neb. Rev. Stat. § 25-2735 Appeal; surety; liability.
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When an appeal shall be dismissed or when judgment shall be entered in the district court against the appellant, the sureties in the undertaking shall be liable to the appellee for the amount of the judgment, interest, and costs recovered against the appellant, but not to exceed …
Neb. Rev. Stat. § 25-2736 Appeal; procedural dismissal; effect.
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If an appeal is dismissed for procedural reasons, the clerk of the district court shall certify the order without cost to the county court. Thereafter the proceedings in the county court shall continue as if no appeal had been taken.
Neb. Rev. Stat. § 25-2737 Appeal; appellant; pay costs; when.
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In all cases involving a money judgment, if any person appealing from a judgment rendered in his or her favor shall not recover a greater sum than the amount for which judgment was rendered, besides costs and the interest accruing thereon, such appellant shall pay the costs of su…
Neb. Rev. Stat. § 25-2738 Appeals; when not allowed.
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No appeal shall be allowed from judgments rendered on confession.
Neb. Rev. Stat. § 25-2739 Domestic relations judgment or final order; appeal.
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A judgment rendered or final order made by a county court in a domestic relations matter as defined in section 25-2740 may be reversed, vacated, or modified by the Court of Appeals in the same manner as judgments and final orders of the district court under sections 25-1911 to 25…
Neb. Rev. Stat. § 25-2740 Domestic relations matters; district, county, and separate juvenile courts; jurisdiction; procedure.
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(1) For purposes of this section: (a) Domestic relations matters means proceedings under the Protection Orders Act, the Conciliation Court Law and sections 42-347 to 42-381 (including dissolution, separation, annulment, custody, and support), section 43-512.04 (including child su…
Neb. Rev. Stat. § 25-2741 Act, how cited.
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Sections 25-2741 to 25-2749 shall be known and may be cited as the County Court Expedited Civil Actions Act.
Neb. Rev. Stat. § 25-2742 Civil actions; applicability of act.
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(1) The County Court Expedited Civil Actions Act applies to civil actions in county court in which the sole relief sought is a money judgment and in which the claim of each plaintiff is less than or equal to the county court jurisdictional amount set forth in subdivision (5) of s…
Neb. Rev. Stat. § 25-2743 Plaintiffs; certification of relief sought; applicability of laws and rules; jurisdictional amount; restriction on judgment; termination of proceedings; conditions; counterclaim.
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(1) Eligible plaintiffs may elect to proceed under the County Court Expedited Civil Actions Act by certifying that the relief sought meets the requirements of section 25-2742. The certification must be on a form approved by the Supreme Court, signed by all plaintiffs and their at…
Neb. Rev. Stat. § 25-2744 Discovery; expert; limitations; motion to modify.
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(1) Except upon agreement of the parties or leave of court granted upon a showing of good cause, all discovery under the County Court Expedited Civil Actions Act must be completed no later than sixty days before trial. (2) Except upon agreement of the parties or leave of court gr…
Neb. Rev. Stat. § 25-2745 Motions.
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(1) Any party may file any motion permitted under rules adopted by the Supreme Court for pre-answer motions. (2) A motion for summary judgment must be filed no later than ninety days before trial.
Neb. Rev. Stat. § 25-2746 Action; time limitations.
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An action under the County Court Expedited Civil Actions Act should ordinarily be submitted to the jury or the court within two business days from the commencement of trial. Unless the court allows additional time for good cause shown, each side shall be allowed no more than six …
Neb. Rev. Stat. § 25-2747 Evidence; stipulation; document; objections; Nebraska Evidence Rules; applicability; health care provider report; form.
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(1) Parties to an action under the County Court Expedited Civil Actions Act should stipulate to factual and evidentiary matters to the greatest extent possible. (2) For purposes of the act, the court may overrule objections based on authenticity and hearsay to the admission of a …
Neb. Rev. Stat. § 25-2748 Rules and forms; Supreme Court; powers.
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The Supreme Court may promulgate rules and forms for actions governed by the County Court Expedited Civil Actions Act, and such rules and forms shall not be in conflict with the act.
Neb. Rev. Stat. § 25-2749 Act; applicability.
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The County Court Expedited Civil Actions Act applies to civil actions filed on or after January 1, 2022.
Neb. Rev. Stat. § 25-2801 Designation.
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Each county court shall have a Small Claims Department which shall be designated the Small Claims Court.
Neb. Rev. Stat. § 25-2802 Jurisdiction.
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(1) The Small Claims Court shall have subject matter jurisdiction in all civil actions of any type when the amount of money or damages or the value of the personal property claimed does not exceed the jurisdictional amount specified in subsection (4) of this section, exclusive of…
Neb. Rev. Stat. § 25-2803 Parties; representation.
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(1) Parties in the Small Claims Court may be individuals, partnerships, limited liability companies, corporations, unions, associations, or any other kind of organization or entity. (2) No party shall be represented by an attorney in the Small Claims Court except as provided in s…
Neb. Rev. Stat. § 25-2804 Actions; how commenced; fee; hearing; notice; setoff or counterclaim; limitations; default judgment; actions authorized.
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(1) Actions in the Small Claims Court shall be commenced by the plaintiff by filing a claim personally, by mail, or by another method established by Supreme Court rules. (2) At the time of the filing of the claim, the plaintiff shall pay a fee of six dollars and twenty-five cents…
Neb. Rev. Stat. § 25-2805 Trial without jury; transfer to county court; fee; jury demand; timeframe.
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All matters in the Small Claims Court shall be tried to the court without a jury. Except as provided in section 25-2618.01, any defendant in an action or such defendant's attorney may transfer the case to the regular docket of the county court by giving notice to the court at lea…
Neb. Rev. Stat. § 25-2806 Pleadings required; informal disposition; judgment.
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No formal pleadings other than the claim and notice, and the counterclaim or setoff and notice if appropriate, shall be required in the Small Claims Court and the hearing and disposition of all matters shall be informal so that the rules of evidence, except those relating to priv…
Neb. Rev. Stat. § 25-2807 Appeals.
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Unless the controversy is subject to the Uniform Arbitration Act, any party may appeal to the district court as provided in sections 25-2728 to 25-2738. Parties may be represented by attorneys on appeal.
Neb. Rev. Stat. § 25-2901 Act, how cited.
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Sections 25-2901 to 25-2921 shall be known and may be cited as the Dispute Resolution Act.
Neb. Rev. Stat. § 25-2902 Legislative findings.
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The Legislature finds that: (1) The resolution of certain disputes and offenses can be costly and time consuming in the context of a formal judicial proceeding; (2) Employing restorative justice and mediation to address disputes can provide an avenue for efficiently reducing the …
Neb. Rev. Stat. § 25-2903 Terms, defined.
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For purposes of the Dispute Resolution Act: (1) Approved center means a center that has applied for and received approval from the director under section 25-2909; (2) Center means a nonprofit organization or a court-established program which makes dispute resolution procedures an…
Neb. Rev. Stat. § 25-2904 Office of Dispute Resolution; established; director; qualifications; duties.
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The Office of Dispute Resolution is hereby established in the office of the State Court Administrator. The director of the office shall be hired by the Supreme Court. The director may but need not be an attorney and shall be hired on the basis of his or her training and experienc…
Neb. Rev. Stat. § 25-2905 Advisory Council on Dispute Resolution; created; members.
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The Advisory Council on Dispute Resolution is hereby created. The council shall be comprised of individuals from a variety of disciplines who are trained and knowledgeable in mediation, restorative justice, and dispute resolution and selected to be representative of the geographi…
Neb. Rev. Stat. § 25-2906 Council; members; terms; vacancy; officers.
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The initial members of the council and the new members required by the changes to section 25-2905 made by Laws 2019, LB595, shall be appointed for terms of one, two, or three years. All subsequent appointments shall be made for terms of three years. Any vacancy on the council sha…
Neb. Rev. Stat. § 25-2907 Council; powers and duties; members; expenses.
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(1) The council shall advise the director on the administration of the Dispute Resolution Act. (2) The council shall meet at least four times per year and at other times deemed necessary to perform its functions. Members of the council shall be reimbursed for expenses as provided…
Neb. Rev. Stat. § 25-2908 Director; duties.
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Consistent with the purposes and objectives of the Dispute Resolution Act and in consultation with the council, the director shall: (1) Approve centers which meet requirements for approval; (2) Develop and supervise a uniform system of reporting and collecting statistical data fr…
Neb. Rev. Stat. § 25-2909 Grants; application; contents; approved centers; reports.
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(1) The office shall annually award grants to approved centers. It is the intent of the Legislature that centers be established and grants distributed statewide. (2) A center or an entity proposing a center may apply to the office for approval to provide services under the Disput…
Neb. Rev. Stat. § 25-2910 Approved center; funding; fees.
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An approved center may use sources of funds, both public and private, in addition to funds appropriated by the Legislature. An approved center may require each party to pay a fee to help defray costs based upon ability to pay. A person shall not be denied services solely because …
Neb. Rev. Stat. § 25-2911 Restorative justice programs and dispute resolution; types of cases; referral of cases.
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(1) The following types of cases may be accepted for restorative justice programs and dispute resolution at an approved center: (a) Civil claims and disputes, including, but not limited to, consumer and commercial complaints, disputes between neighbors, disputes between business …
Neb. Rev. Stat. § 25-2912 Restorative justice or dispute resolution process; procedures.
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Before the restorative justice or dispute resolution process begins, an approved center shall provide the parties with a written statement setting forth the procedures to be followed.
Neb. Rev. Stat. § 25-2912.01 Restorative justice practices, restorative justice services, or restorative justice programs; activities to repair harm.
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Restorative justice practices, restorative justice services, or restorative justice programs include, but are not limited to, victim youth conferences, victim-offender mediation, family group conferences, circles, peer-to-peer mediation, truancy mediation, victim or community pan…
Neb. Rev. Stat. § 25-2912.02 Best practices; policies and procedures.
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The office and the approved centers shall strive to conduct restorative justice programs in accordance with best practices, including evidence-based programs, and shall adopt policies and procedures to accomplish this goal.
Neb. Rev. Stat. § 25-2913 Mediators and restorative justice facilitators; qualifications; compensation; powers and duties.
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(1) Mediators and restorative justice facilitators of approved centers shall have completed at least thirty hours of basic mediation training, including conflict resolution techniques, neutrality, agreement writing, and ethics. An initial apprenticeship with an experienced mediat…
Neb. Rev. Stat. § 25-2914 Confidentiality; exceptions.
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(1) Any verbal, written, or electronic communication made in or in connection with matters referred to mediation which relates to the controversy or dispute being mediated and agreements resulting from the mediation, whether made to the mediator, the staff of an approved center, …
Neb. Rev. Stat. § 25-2914.01 Verbal, written, or electronic communication; confidentiality; privileged; disclosure; when; activities of juvenile; limit on evidence.
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(1) Any verbal, written, or electronic communication made in or in connection with matters referred to a restorative justice program which relates to the controversy or dispute undergoing restorative justice and agreements resulting from the restorative justice program, whether m…