FrankGoortani/open-us-law huggingface dataset:
Neb. Rev. Stat. § 25-1414 — NE Code / Chapter 25 / Section 25-1414
View Statute 25-1414
Status: in_force

An order to revive an action in the names of the representatives or successor of a plaintiff may be made forthwith, but shall not be made without the consent of the defendant, after the expiration of one year from the time the order might have been first made; but where the defendant shall also have died, or his powers have ceased in the meantime, the order of revivor on both sides may be made in the period limited in section 25-1413 .

R.S.1867, Code § 467, p. 471;

R.S.1913, § 8035;

C.S.1922, § 8976;

C.S.1929, § 20-1414;

R.S.1943, § 25-1414.

Where the defendant did not object to the conditional order of revivor and allowed it to become final, defendant's subsequent efforts to challenge the revivor action are of no avail. Spradlin v. Myers, 200 Neb. 559, 264 N.W.2d 658 (1978).

Where the defendant did not object to the conditional order of revivor and allowed it to become final, defendant's subsequent efforts to challenge the revivor action are of no avail. Spradlin v. Myers, 200 Neb. 559, 264 N.W.2d 658 (1978).

In case of the death of a party after final judgment and before an appeal is taken, revivor statutes do not suspend the running of time in which an appeal can be taken. Independent Lubricating Co. v. Good, 135 Neb. 171, 280 N.W. 460 (1938).

In case of the death of a party after final judgment and before an appeal is taken, revivor statutes do not suspend the running of time in which an appeal can be taken. Independent Lubricating Co. v. Good, 135 Neb. 171, 280 N.W. 460 (1938).

Where the sole defendant dies after filing notice of appeal and supersedeas bond, his attorney does not confer jurisdiction on Supreme Court by filing transcript after defendant's death, and court cannot substitute administrator of his estate. Independent Lubricating Co. v. Good, 133 Neb. 431, 275 N.W. 668 (1937).

Where the sole defendant dies after filing notice of appeal and supersedeas bond, his attorney does not confer jurisdiction on Supreme Court by filing transcript after defendant's death, and court cannot substitute administrator of his estate. Independent Lubricating Co. v. Good, 133 Neb. 431, 275 N.W. 668 (1937).
Neb. Rev. Stat. § 32-1035 — NE Code / Chapter 32 / Section 32-1035
View Statute 32-1035
Status: in_force

If the Secretary of State has not received the abstract of votes from any county by the third Monday after the day of election, the Secretary of State may send a messenger to the election commissioner or county clerk of such county at the expense of such county. The election commissioner or county clerk shall furnish the messenger with the abstract of votes or, if the abstract has been sent, with a copy of the abstract, and the messenger shall return the abstract to the Secretary of State without delay. If the abstract of votes was delayed by reason of the fault or neglect of the election commissioner or county clerk, he or she shall be responsible to the county for the cost of the messenger.

Laws 1994, LB 76, § 329.
Neb. Rev. Stat. § 48-436 — NE Code / Chapter 48 / Section 48-436
View Statute 48-436
Status: in_force

For purposes of sections 48-436 to 48-442 , unless the context otherwise requires:

(1) High voltage means a voltage in excess of six hundred volts, measured between conductors, or measured between the conductor and the ground; and

(2) Authorized and qualified persons includes employees of any electric utility, public power district, or public power and irrigation district with respect to the electrical systems of such utilities, employees of communications utilities, common carriers engaged in interstate commerce, state, county, or municipal agencies with respect to work relating to their facilities on the poles or structures of an electric utility or railway transportation system, employees of a railway transportation system or a metropolitan utilities district engaged in the normal operation of such system, and employees of a contractor with respect to work under his or her supervision when such work is being performed under contract for, or as an agent of, the owner of the above utilities, companies, or agencies, so long as all such persons meet the requirements for working near overhead high voltage conductors as provided in 29 C.F.R. 1910.269(a)(2)(ii) through 1910.269(a)(3), as such regulations existed on July 19, 2012.

Laws 1969, c. 390, § 1, p. 1370;

Laws 2012, LB997, § 1.
Neb. Rev. Stat. § 44-352 — NE Code / Chapter 44 / Section 44-352
View Statute 44-352
Status: in_force

It shall be unlawful for any insurance company to permit the use of its name or for any other company, person, or firm to use the name of any insurance company in such a way as to deceive or mislead the public. The violation of this section or section 44-351 by an insurance company shall be grounds for the suspension or revocation of its license, and the person, firm, or corporation so using the name of an insurance company shall be punished by a fine not exceeding one hundred dollars for each offense. An appeal of a suspension, revocation, or fine may be taken, and the appeal shall be in accordance with the Administrative Procedure Act.

Laws 1913, c. 154, § 33, p. 412;

R.S.1913, § 3169;

Laws 1919, c. 190, tit. V, art. IV, § 4, p. 591;

C.S.1922, § 7769;

C.S.1929, § 44-304;

R.S.1943, § 44-352;

Laws 1969, c. 359, § 14, p. 1274;

Laws 1988, LB 352, § 44;

Laws 1989, LB 92, § 102.

Administrative Procedure Act, see section 84-920 .
Neb. Rev. Stat. § 38-615 — NE Code / Chapter 38 / Section 38-615
View Statute 38-615
Status: in_force

(1) An applicant for licensure under the Advanced Practice Registered Nurse Practice Act to practice as a certified nurse midwife shall submit such evidence as the board requires showing that the applicant is currently licensed as a registered nurse by the state or has the authority based on the Nurse Licensure Compact to practice as a registered nurse in Nebraska, has successfully completed an approved certified nurse midwifery education program, and is certified as a nurse midwife by a board-approved certifying body.

(2) The department may, with the approval of the board, grant temporary licensure as a certified nurse midwife for up to one hundred twenty days upon application (a) to graduates of an approved nurse midwifery program pending results of the first certifying examination following graduation and (b) to nurse midwives currently licensed in another state pending completion of the application for a Nebraska license. A temporary license issued pursuant to this subsection may be extended for up to one year with the approval of the board.

(3) An applicant who is a military spouse may apply for a temporary license as provided in section 38-129.01 .

(4) If more than five years have elapsed since the completion of the nurse midwifery program or since the applicant has practiced as a nurse midwife, the applicant shall meet the requirements in subsection (1) of this section and provide evidence of continuing competency, as may be determined by the board, either by means of a reentry program, references, supervised practice, examination, or one or more of the continuing competency activities listed in section 38-145 .

Laws 1984, LB 761, § 18;

Laws 1993, LB 536, § 76;

Laws 1997, LB 752, § 175;

Laws 2002, LB 1021, § 63;

Laws 2003, LB 242, § 107;

Laws 2005, LB 256, § 89;

R.S.Supp.,2006, § 71-1755;

Laws 2007, LB185, § 23;

Laws 2007, LB463, § 227;

Laws 2017, LB88, § 40.

Advanced Practice Registered Nurse Practice Act, see section 38-201 .

Credentialing, general requirements and issuance procedures, see section 38-121 et seq.

Nurse Licensure Compact, see sections 71-1795 to 71-1795.02 .
Neb. Rev. Stat. § 8-329 — NE Code / Chapter 8 / Section 8-329
View Statute 8-329
Status: in_force

The real estate of such associations shall be subject to taxation in the same manner as provided by law in the case of other corporations and individuals.

Laws 1899, c. 17, § 14, p. 91;

R.S.1913, § 498;

Laws 1919, c. 190, tit. V, art. XIX, § 14, p. 730;

C.S.1922, § 8096;

C.S.1929, § 8-314;

R.S.1943, § 8-329;

Laws 1959, c. 22, § 1, p. 152;

Laws 1971, LB 3, § 1.
Neb. Rev. Stat. § 8-1109.02 — NE Code / Chapter 8 / Section 8-1109.02
View Statute 8-1109.02
Status: in_force

Upon the entry of an order denying effectiveness to or suspending or revoking the effectiveness of a registration statement to register securities under any part of section 8-1109 or 8-1109.01 , the director shall promptly notify the issuer of the securities and the applicant or registrant that the order has been entered and of the reasons therefor and that any person to whom the order is directed may request a hearing within fifteen business days after the issuance of the order. Upon receipt of a written request the matter will be set down for hearing to commence within thirty business days after the receipt unless the parties consent to a later date or the director or a hearing officer sets a later date for good cause. If no hearing is requested within fifteen business days of the issuance of the order and none is ordered by the director, the order shall automatically become a final order and shall remain in effect until it is modified or vacated by the director. If a hearing is requested or ordered, the director, after notice of and opportunity for hearing to the issuer and to the applicant or registrant, shall enter his or her written findings of fact and conclusions of law and may affirm, modify, or vacate the order. The director may modify or vacate a stop order if he or she finds that the conditions which prompted its entry have changed or that it is otherwise in the public interest to do so.

Laws 1967, c. 29, § 4, p. 146;

Laws 1990, LB 956, § 9;

Laws 2001, LB 53, § 22;

Laws 2017, LB148, § 11.

Failure of the Department of Banking and Finance to produce certified mail receipt is not conclusive proof that no notice was given. State v. Fries, 214 Neb. 874, 337 N.W.2d 398 (1983).

Failure of the Department of Banking and Finance to produce certified mail receipt is not conclusive proof that no notice was given. State v. Fries, 214 Neb. 874, 337 N.W.2d 398 (1983).

The alleged failure of the department to comply with the hearing requirements of this section were collateral matters in this criminal action and could not be raised on appeal. State v. Fries, 214 Neb. 874, 337 N.W.2d 398 (1983).

The alleged failure of the department to comply with the hearing requirements of this section were collateral matters in this criminal action and could not be raised on appeal. State v. Fries, 214 Neb. 874, 337 N.W.2d 398 (1983).
Neb. Rev. Stat. § 43-1253 — NE Code / Chapter 43 / Section 43-1253
View Statute 43-1253
Status: in_force

(a) A court of this state may grant any relief normally available under the law of this state to enforce a registered child custody determination made by a court of another state.

(b) A court of this state shall recognize and enforce, but may not modify, except in accordance with sections 43-1238 to 43-1247 , a registered child custody determination of a court of another state.

Laws 2003, LB 148, § 28.
Neb. Rev. Stat. § 44-2401 — NE Code / Chapter 44 / Section 44-2401
View Statute 44-2401
Status: in_force

The purpose of the Nebraska Property and Liability Insurance Guaranty Association Act is to provide a method for the payment of certain claims against insolvent insurance companies, as defined in the act, to avoid unnecessary delay in payment of such claims, to avoid financial loss to claimants or to policyholders, to assist in the detection and prevention of insurer insolvencies, and to provide an association of insurers against which the cost of such protection may be assessed in an equitable manner.

Laws 1971, LB 722, § 1;

Laws 2019, LB380, § 1.
Neb. Rev. Stat. § 43-4805 — NE Code / Chapter 43 / Section 43-4805
View Statute 43-4805
Status: in_force

(1) Upon filing a petition pursuant to section 43-4804 , and at least thirty days prior to the hearing date, the petitioner shall serve a notice of filing, together with a copy of the petition for emancipation and a summons to appear at the hearing, upon:

(a) The parents or legal guardian of the minor or, if the parents or legal guardian cannot be found, the nearest known relative of the minor residing within the state, if any; and

(b) The legal custodian of the minor, if any.

(2) Service and summons shall be made in accordance with section 25-505.01 .

(3) Upon a motion and showing by affidavit that service cannot be made with reasonable diligence by any other method provided by statute, the court may permit service to be made (a) by leaving the process at the party's usual place of residence and mailing a copy by first-class mail to the party's last-known address, (b) by publication, or (c) by any manner reasonably calculated under the circumstances to provide the party with actual notice of the proceedings and an opportunity to be heard.

Laws 2018, LB714, § 5.
Neb. Rev. Stat. § 59-1738 — NE Code / Chapter 59 / Section 59-1738
View Statute 59-1738
Status: in_force

If the seller is required to secure a bond or establish a trust account pursuant to the requirements of sections 59-1726 to 59-1728 , the disclosure document required by section 59-1732 shall state either:

(1) Seller has secured a bond issued by ............., (name and address of surety company) a surety company admitted to do business in this state. Before signing a contract to purchase this seller-assisted marketing plan, you should check with the surety company to determine the bond's current status; or

(2) Seller has deposited with the Department of Banking and Finance information regarding its trust account. Before signing a contract to purchase this seller-assisted marketing plan, you should check with the Department of Banking and Finance to determine the current status of the trust account.

Laws 1979, LB 180, § 38;

Laws 1983, LB 461, § 7.
Neb. Rev. Stat. § 38-106 — NE Code / Chapter 38 / Section 38-106
View Statute 38-106
Status: in_force

Active addiction means current physical or psychological dependence on alcohol or a substance, which dependence develops following the use of alcohol or a substance on a periodic or continuing basis.

Laws 2007, LB463, § 6.
Neb. Rev. Stat. § 50-1816 — NE Code / Chapter 43 / Section 50-1816
50-1816
Status: in_force

No report or other work product of an investigation by the Inspector General shall be reviewable in any court. Neither the Inspector General nor any member of the Inspector General's staff shall be required to testify or produce evidence in any judicial or administrative proceeding concerning matters within such person's official cognizance except in a proceeding brought to enforce the Office of Inspector General of Nebraska Child Welfare Act.

Laws 2012, LB821, § 36;

R.S.1943, (2016), § 43-4329;

Laws 2025, LB298, § 39.
Neb. Rev. Stat. § 20-154 — NE Code / Chapter 20 / Section 20-154
View Statute 20-154
Status: in_force

If a licensed interpreter appointed under section 20-153 is not able to provide effective communication with a deaf or hard of hearing person, the appointing authority shall obtain another licensed interpreter. An oral interpreter shall be provided upon request of a deaf or hard of hearing person who chooses not to communicate in sign language. If an interpreter is unable to render a satisfactory interpretation, the appointing authority shall then obtain an intermediary interpreter to assist the appointed interpreter. The appointing authority shall ensure that any interpreter is properly situated so as to permit effective communication with the deaf or hard of hearing person and full participation of the deaf or hard of hearing person in the proceeding.

Laws 1987, LB 376, § 5;

Laws 1997, LB 851, § 5;

Laws 2002, LB 22, § 5.
Neb. Rev. Stat. § 43-429 — NE Code / Chapter 43 / Section 43-429
View Statute 43-429
Status: in_force

(1) The Department of Health and Human Services shall ensure that the administrator of each temporary placement facility described in an emergency plan required under section 43-428 consents to the temporary placement of juveniles placed in such facility pursuant to the emergency plan. Prior to inclusion in an emergency plan as a temporary placement facility, the department and the administrator of the temporary placement facility shall agree on a cost-reimbursement plan for the temporary placement of juveniles at such facility.

(2) If an emergency plan required under section 43-428 is implemented, the Office of Juvenile Services shall, at least twenty-four hours prior to implementation, if practical, and otherwise within twenty-four hours after implementation of such emergency plan, notify the persons and entities listed in subdivision (2)(c) of section 43-428 .

Laws 2020, LB1140, § 7.
Neb. Rev. Stat. § 39-1803 — NE Code / Chapter 39 / Section 39-1803
View Statute 39-1803
Status: in_force

(1) In any case in which the boundary line of an incorporated city extends in and along a public road, which road has not been paved or macadamized, then the county board of any county in which such road lies is hereby authorized and empowered to maintain and keep in repair and proper condition for travel the full width of such road, including the portion which lies within the corporate limits as well as the portion which lies outside of the corporate limits, and to pay the cost and expense of such maintenance, repair, and upkeep, so long as the road remains unpaved.

(2) A county may enter into an agreement under the Interlocal Cooperation Act with a city or village located in such county to appropriate and use county road funds for the improvement, maintenance, or repair of a road or street that is:

(a) Located within the corporate limits of the city or village if the street is classified as other arterial, collector, or local under subdivisions (4) through (6) of section 39-2104 and such street acts as a direct link or extension of an other arterial as described in subdivision (5) of section 39-2103 ;

(b) Located on the boundary between the corporate limits of the city or village and the county; or

(c) A city or village road or street directly impacted by county operations or through traffic.

Laws 1957, c. 155, art. V, § 3, p. 552;

Laws 2002, LB 616, § 1.

Interlocal Cooperation Act, see section 13-801 .
Neb. Rev. Stat. § 53-502 — NE Code / Chapter 53 / Section 53-502
View Statute 53-502
Status: in_force

(1) Within thirty days after the appointment of the initial members of the Nebraska Craft Brewery Board, such board shall conduct its first regular meeting. During that meeting, the board members shall elect from among themselves, by majority vote, a chairperson, vice-chairperson, secretary, and treasurer, all to serve for terms of one year from the date of election. Subsequent board meetings shall take place at least once every six months and at such times as called by the chairperson or by any three board members.

(2) Each member shall serve for a term of three years, except that at the expiration of the terms of the members in 2022, the Governor shall appoint two members for a term of one year, two members for a term of two years, and three members for a term of three years, and their successors shall be appointed for a term of three years. Upon completion of a term, a member may, at the Governor's discretion, be reappointed.

(3) All voting members of the board shall be reimbursed for expenses incurred while engaged in the performance of official responsibilities as members of such board pursuant to sections 81-1174 to 81-1177 .

(4) A member may be removed by the Governor for cause. The member shall first be given a written copy of the charges against him or her and also an opportunity to be heard publicly. If a member moves out of Nebraska, that shall be deemed sufficient cause for removal from office.

Laws 2016, LB1105, § 2;

Laws 2019, LB624, § 1;

Laws 2020, LB381, § 47.
Neb. Rev. Stat. § 60-2403 — NE Code / Chapter 60 / Section 60-2403
View Statute 60-2403
Status: in_force

Anyone towing a vehicle away pursuant to sections 60-2401 to 60-2411 shall notify the local law enforcement agency within twenty-four hours of the license number of the vehicle. Anyone towing a vehicle away pursuant to sections 60-2401 to 60-2411 and holding the vehicle for more than twenty-nine days shall, on the thirtieth day, renotify the local law enforcement agency of the vehicle's license number for the purpose of ascertaining whether the vehicle has been reported stolen or missing. Such renotification shall be repeated each thirty days while the vehicle is held by the tower or until such time as the tower has placed a lien on the vehicle as provided by section 60-2404 .

Laws 1979, LB 348, § 3;

Laws 2010, LB1065, § 3.
Neb. Rev. Stat. § 53-168.05 — NE Code / Chapter 53 / Section 53-168.05
View Statute 53-168.05
Status: in_force

The commission may revoke or suspend the license of any manufacturer, wholesaler, or retailer found violating section 53-169 , and all proceedings under such section shall be governed by the provisions of the Nebraska Liquor Control Act governing the suspension or revocation of licenses and the appeals to the courts from any orders of the commission.

Laws 1971, LB 751, § 6;

Laws 1985, LB 183, § 4;

Laws 1991, LB 344, § 53.
Neb. Rev. Stat. § 69-2006 — NE Code / Chapter 69 / Section 69-2006
View Statute 69-2006
Status: in_force

Recyclable shall mean suitable for any process of separating, cleaning, treating, and reconstituting waste or other discarded materials for the purpose of recovering or reusing the resources contained therein.

Laws 1989, LB 325, § 6.
Neb. Rev. Stat. § 25-1404 — NE Code / Chapter 25 / Section 25-1404
View Statute 25-1404
Status: in_force

Where one of the several plaintiffs or defendants dies, or his powers as a personal representative cease, if the cause of action does not admit of survivorship, and the court is of opinion that the merits of the controversy can be properly determined, and the principles applicable to the case fully settled, it may proceed to try the same as between the remaining parties; but the judgment shall not prejudice any who are not parties at the time of the trial.

R.S.1867, Code § 457, p. 469;

R.S.1913, § 8025;

C.S.1922, § 8966;

C.S.1929, § 20-1404;

R.S.1943, § 25-1404.
Neb. Rev. Stat. § 18-2464 — NE Code / Chapter 18 / Section 18-2464
View Statute 18-2464
Status: in_force

An agency may issue such types of bonds as its board may determine, subject only to any agreement with the holders of outstanding bonds, including bonds as to which the principal and interest are payable exclusively from all or a portion of the revenue from one or more projects, or from one or more revenue-producing contracts made by the agency with any person, or from its revenue generally, or which may be additionally secured by a pledge of any grant, subsidy, or contribution from any person, or a pledge of any income or revenue, funds, or money of the agency from any source whatsoever or a mortgage or security interest in any real or personal property, commodity, product, or service or interest therein.

Laws 1981, LB 132, § 64.
Neb. Rev. Stat. § 69-2111 — NE Code / Chapter 69 / Section 69-2111
View Statute 69-2111
Status: in_force

(1) A renegotiation shall be deemed to occur when an existing consumer rental purchase agreement is satisfied and replaced by a new agreement undertaken by the same consumer. A renegotiation shall be considered a new agreement requiring new disclosures. Renegotiation shall not include:

(a) The addition or return of property in a multiple-item agreement or the substitution of leased property if in either case the average payment allocable to a payment period is not changed by more than twenty-five percent;

(b) Deferral or extension of one or more periodic payments or portions of a periodic payment;

(c) A reduction in charges in the agreement;

(d) An agreement involving a court proceeding; and

(e) Any other event described in rules and regulations adopted and promulgated by the department.

(2) No disclosures shall be required for any extension of a consumer rental purchase agreement.

Laws 1989, LB 681, § 11.