FrankGoortani/open-us-law huggingface dataset:
Neb. Rev. Stat. § 25-703 — NE Code / Chapter 25 / Section 25-703
View Statute 25-703
Status: in_force

Whenever two or more actions are pending in the same court which might have been joined, the defendant may, on motion and notice to the adverse party, require him to show cause why the same shall not be consolidated, and if no such cause be shown, the said several actions shall be consolidated.

R.S.1867, Code § 150, p. 416;

R.S.1913, § 7659;

C.S.1922, § 8603;

C.S.1929, § 20-703;

R.S.1943, § 25-703.

If the plaintiff does not choose to unite several causes of action in one petition and the defendant does not successfully require joinder, there is no legal requirement that distinct causes of action be joined in one suit. Suhr v. City of Scribner, 207 Neb. 24, 295 N.W.2d 302 (1980).

If the plaintiff does not choose to unite several causes of action in one petition and the defendant does not successfully require joinder, there is no legal requirement that distinct causes of action be joined in one suit. Suhr v. City of Scribner, 207 Neb. 24, 295 N.W.2d 302 (1980).

Right of consolidation under this section is dependent upon an application by a defendant. Bruno v. Kramer, 176 Neb. 597, 126 N.W.2d 885 (1964).

Right of consolidation under this section is dependent upon an application by a defendant. Bruno v. Kramer, 176 Neb. 597, 126 N.W.2d 885 (1964).

Two or more actions pending in the same court which might have been joined, may, upon application, be consolidated. Peters v. Meyer, 131 Neb. 847, 270 N.W. 312 (1936).

Two or more actions pending in the same court which might have been joined, may, upon application, be consolidated. Peters v. Meyer, 131 Neb. 847, 270 N.W. 312 (1936).

Consolidating actions for trial is inherent power of equity court. Butler v. Secrist, 84 Neb. 85, 120 N.W. 1109 (1909).

Consolidating actions for trial is inherent power of equity court. Butler v. Secrist, 84 Neb. 85, 120 N.W. 1109 (1909).

Where plaintiffs who should have joined bring separate actions, motion to consolidate is proper. Downey v. Coykendall, 81 Neb. 648, 116 N.W. 503 (1908).

Where plaintiffs who should have joined bring separate actions, motion to consolidate is proper. Downey v. Coykendall, 81 Neb. 648, 116 N.W. 503 (1908).

Actions must be such as might have been joined. Weeks v. Wheeler, 41 Neb. 200, 59 N.W. 554 (1894).

Actions must be such as might have been joined. Weeks v. Wheeler, 41 Neb. 200, 59 N.W. 554 (1894).

Plaintiff is not required to join distinct claims in one action but may be required to consolidate actions. Beck v. Devereaux, 9 Neb. 109, 2 N.W. 365 (1879).

Plaintiff is not required to join distinct claims in one action but may be required to consolidate actions. Beck v. Devereaux, 9 Neb. 109, 2 N.W. 365 (1879).

Five actions on separate policies and an action to enjoin encumbrances on three more policies may be consolidated. Equitable Life Assur. Soc. v. Wert, 102 F.2d 10 (8th Cir. 1939).

Five actions on separate policies and an action to enjoin encumbrances on three more policies may be consolidated. Equitable Life Assur. Soc. v. Wert, 102 F.2d 10 (8th Cir. 1939).
Neb. Rev. Stat. § 3-148 — NE Code / Chapter 3 / Section 3-148
View Statute 3-148
Status: in_force

There is hereby imposed a tax of five cents per gallon upon aviation gasoline and a tax of three cents per gallon upon aviation jet fuel purchased for and used in aircraft within the State of Nebraska. Such aircraft tax shall be levied, collected, and refunded in the manner provided in Chapter 66, article 4, with reference to other motor fuel. The State Treasurer shall credit the aircraft tax and fees so collected and remitted to a special fund to be known as the Aircraft Fuel Tax Fund, which fund shall be distributed as provided in this section. The State Treasurer shall make all refunds as provided in sections 3-150 and 3-151 from the fund, and the balance of the aircraft tax shall be credited to the Aeronautics Cash Fund.

For purposes of this section, aviation gasoline means fuel used in aircraft meeting the criteria established for motor vehicle fuel in section 66-482 . The terms aviation fuel and aircraft fuel as used in the statutes include both aviation gasoline and aviation jet fuel.

Laws 1945, c. 5, § 13, p. 99;

Laws 1947, c. 6, § 1, p. 67;

Laws 1965, c. 18, § 1, p. 152;

Laws 1965, c. 17, § 2, p. 150;

Laws 1965, c. 8, § 8, p. 93;

Laws 1985, LB 272, § 1;

Laws 1991, LB 627, § 1;

Laws 1992, LB 1013, § 1;

Laws 2017, LB339, § 41.
Neb. Rev. Stat. § 38-1052 — NE Code / Chapter 38 / Section 38-1052
View Statute 38-1052
Status: in_force

Supervision means direct day-to-day knowledge of and control over the actions of one individual by another.

Laws 1986, LB 318, § 31;

R.S.1943, (2003), § 71-370;

Laws 2007, LB463, § 314.
Neb. Rev. Stat. § 58-238 — NE Code / Chapter 58 / Section 58-238
View Statute 58-238
Status: in_force

Members of the authority shall not be liable to the state, the authority, or any other person as a result of their activities, whether ministerial or discretionary, as authority members, except for willful dishonesty or intentional violations of law. Members of the authority and any person executing bonds or policies of insurance shall not be liable personally thereon or be subject to any personal liability or accountability by reason of the issuance thereof. The authority may purchase liability insurance for members, officers, and employees and may indemnify any authority member to the same extent that a school district may indemnify a school board member pursuant to section 79-516 .

Laws 1983, LB 626, § 38;

Laws 1991, LB 253, § 39;

Laws 1996, LB 900, § 1054.
Neb. Rev. Stat. § 44-4843 — NE Code / Chapter 44 / Section 44-4843
View Statute 44-4843
Status: in_force

(1) The liquidator shall review all claims duly filed in the liquidation and shall make such further investigation as he or she deems necessary. He or she may compound, compromise, or in any other manner negotiate the amount for which claims will be recommended to the court except when the liquidator is required by law to accept claims as settled by any person or organization, including any guaranty association or foreign guaranty association. Unresolved disputes shall be determined under section 44-4839 . As soon as practicable, the liquidator shall present to the court a report of the claims against the insurer with his or her recommendations. The report shall include the name and address of each claimant and the amount of the claim finally recommended, if any. If the insurer has issued annuities or life insurance policies, the liquidator shall report the persons to whom, according to the records of the insurer, amounts are owed as cash surrender values or other investment value and the amounts owed.

(2) The court may approve, disapprove, or modify the report on claims by the liquidator. Such reports as are not modified by the court within a period of sixty days following submission by the liquidator shall be treated by the liquidator as allowed claims, subject thereafter to later modification or to rulings made by the court pursuant to section 44-4839 . No claim under a policy of insurance shall be allowed for an amount in excess of the applicable policy limits.

Laws 1989, LB 319, § 43.
Neb. Rev. Stat. § 15-103 — NE Code / Chapter 15 / Section 15-103
View Statute 15-103
Status: in_force

The government of a city of the first class which is declared to be a city of the primary class pursuant to section 15-102 shall continue in authority from the date of such declaration until reorganization as a city of the primary class.

Laws 1901, c. 16, § 3, p. 71;

R.S.1913, § 4406;

C.S.1922, § 3782;

C.S.1929, § 15-103;

R.S.1943, § 15-103;

Laws 2020, LB1003, § 6.
Neb. Rev. Stat. § 32-503 — NE Code / Chapter 32 / Section 32-503
View Statute 32-503
Status: in_force

The United States Representatives in Congress shall be elected from the three congressional districts established in section 32-504 for terms of two years at the statewide general election in each even-numbered year. Candidates for the United States House of Representatives shall meet the qualifications found in Article I, section 2, of the Constitution of the United States. The representatives shall be elected on the partisan ballot. The representatives shall be elected in accordance with the laws of the United States.

Laws 1994, LB 76, § 99.

Cited but not discussed. Exon v. Tiemann, 279 F.Supp. 609 (D. Neb. 1968).

Cited but not discussed. Exon v. Tiemann, 279 F.Supp. 609 (D. Neb. 1968).
Neb. Rev. Stat. § 30-4101 — NE Code / Chapter 30 / Section 30-4101
View Statute 30-4101
Status: in_force

Sections 30-4101 to 30-4118 shall be known and may be cited as the Public Guardianship Act.

Laws 2014, LB920, § 1.
Neb. Rev. Stat. § 71-427.02 — NE Code / Chapter 71 / Section 71-427.02
View Statute 71-427.02
Status: in_force

Remote dispensing means dispensing that occurs using remote supervision in compliance with section 71-436.02 .

Laws 2018, LB731, § 95.
Neb. Rev. Stat. § 37-1254.05 — NE Code / Chapter 37 / Section 37-1254.05
View Statute 37-1254.05
Status: in_force

(1) Except as provided in section 37-1254.03 , any test or tests made pursuant to section 37-1254.02 , if made in conformance with the requirements of this section, shall be competent evidence in any prosecution under a state law or city or village ordinance regarding the actual physical control of any motorboat or personal watercraft under propulsion upon the waters of this state while under the influence of alcohol or drugs or regarding the actual physical control of any motorboat or personal watercraft under propulsion upon the waters of this state when the concentration of alcohol in the blood or breath is in excess of allowable levels in violation of section 37-1254.01 or a city or village ordinance.

(2) To be considered valid, tests shall have been performed according to methods approved by the Department of Health and Human Services and by an individual possessing a valid permit issued by the department for such purpose. The department may approve satisfactory techniques or methods and ascertain the qualifications and competence of individuals to perform such tests and may issue permits which shall be subject to termination or revocation at the discretion of the department.

(3) The permit fee may be established by rules and regulations adopted and promulgated by the department, which fee shall not exceed the actual cost of processing the initial permit. Such fee shall be charged annually to each permitholder. The fees shall be used to defray the cost of processing and issuing the permits and other expenses incurred by the department in carrying out this section. The fee shall be deposited in the state treasury and credited to the Health and Human Services Cash Fund as a laboratory service fee.

(4) Relevant evidence shall not be excluded in any prosecution under a state statute or city or village ordinance involving being in the actual physical control of a motorboat or personal watercraft under propulsion upon the waters of this state while under the influence of alcoholic liquor or drugs or involving being in the actual physical control of a motorboat or personal watercraft under propulsion upon the waters of this state when the concentration of alcohol in the blood or breath is in excess of allowable levels on the ground that the evidence existed or was obtained outside of this state.

Laws 1989, LB 195, § 7;

Laws 1996, LB 1044, § 95;

Laws 2001, LB 773, § 10;

Laws 2007, LB296, § 53;

Laws 2011, LB667, § 13.
Neb. Rev. Stat. § 47-1119 — NE Code / Chapter 47 / Section 47-1119
View Statute 47-1119
Status: in_force

The department and board may adopt and promulgate rules and regulations to carry out the Community Work Release and Reentry Centers Act.

Laws 2024, LB631, § 19;

Laws 2025, LB150, § 74.
Neb. Rev. Stat. § 46-1116.01 — NE Code / Chapter 46 / Section 46-1116.01
View Statute 46-1116.01
Status: in_force

Working day shall mean Monday through Friday but shall not include Saturday, Sunday, or a federal or state holiday. In computing two working days, the day of receipt of the permit is not included and the last day of the two working days is included.

Laws 2014, LB272, § 3.
Neb. Rev. Stat. § 19-3304 — NE Code / Chapter 16 / Section 19-3304
19-3304
Status: in_force

Whenever any notice is to be given or posted pursuant to the Offstreet Parking District Act and the officer to give or post notice is not designated, the notice shall be given or posted by the city engineer. Any notice or posting shall not be invalidated because such notice or posting is given or done by an officer other than those whose duty it is to give the notice or perform the posting.

Laws 1967, c. 60, § 4, p. 200;

R.S.Supp.,1967, § 16-815;

Laws 1969, c. 88, § 4, p. 439;

Laws 2019, LB193, § 182.
Neb. Rev. Stat. § 8-712 — NE Code / Chapter 8 / Section 8-712
View Statute 8-712
Status: in_force

It shall be lawful for banks, savings banks, trust companies, insurance companies, personal representatives, administrators, guardians, trustees, and other fiduciaries, the State of Nebraska and its political subdivisions, and institutions and agencies thereof, to invest their funds and the money in their custody or possession, eligible for investment, in bonds or notes secured by mortgages insured by the Federal Housing Administrator, in debentures issued by the Federal Housing Administrator, and in securities issued by national mortgage associations.

Laws 1935, c. 17, § 2, p. 92;

Laws 1937, c. 13, § 2, p. 117;

C.S.Supp.,1941, § 8-502;

R.S.1943, § 8-712;

Laws 1986, LB 909, § 10.
Neb. Rev. Stat. § 28-422 — NE Code / Chapter 28 / Section 28-422
View Statute 28-422
Status: in_force

Every person selling or offering for sale at retail any of the substances as defined in section 28-419 , shall maintain a register in which are recorded the date of each sale, the quantity sold, and the name and address of the purchaser. The record of each sale shall be available for inspection by any peace officer for at least one year.

Laws 1977, LB 38, § 82.
Neb. Rev. Stat. § 38-2036 — NE Code / Chapter 38 / Section 38-2036
View Statute 38-2036
Status: in_force

A physician locum tenens may be issued by the department, with the recommendation of the board, to an individual who holds an active license to practice medicine and surgery or osteopathic medicine and surgery in another state when circumstances indicate a need for the issuance of a physician locum tenens in the State of Nebraska. A physician locum tenens may be issued for a period not to exceed ninety days in any twelve-month period.

Laws 2007, LB463, § 694.
Neb. Rev. Stat. § 42-1007 — NE Code / Chapter 42 / Section 42-1007
View Statute 42-1007
Status: in_force

If a marriage is determined to be void, an agreement that would otherwise have been a premarital agreement is enforceable only to the extent necessary to avoid an inequitable result.

Laws 1994, LB 202, § 7.
Neb. Rev. Stat. § 14-1202 — NE Code / Chapter 14 / Section 14-1202
View Statute 14-1202
Status: in_force

Any power granted by sections 14-1201 to 14-1252 to a city of the metropolitan class may be exercised by the city independently or in cooperation with or aid of similar action by any other city or any county in Nebraska, any city or county in an adjoining state, the State of Nebraska, any adjoining state, or the government of the United States, when such other political unit has been authorized by law to exercise the necessary powers. Such joint action may be directly by the city council through the medium of a joint bridge commission subject to the same conditions provided in such sections for independent action.

Laws 1929, c. 176, § 2, p. 609;

C.S.1929, § 14-1202;

R.S.1943, § 14-1202;

Laws 2022, LB800, § 240.
Neb. Rev. Stat. § 60-688 — NE Code / Chapter 39 / Section 60-688
60-688
Status: in_force

Prosecutions for violations declared by the Nebraska Rules of the Road to be misdemeanors or felonies shall be conducted and disposed of in the same manner as provided for such prosecutions under the laws of this state, and traffic infractions shall be treated in the same manner as misdemeanors, except as otherwise provided by law.

Laws 1973, LB 45, § 111;

R.S.1943, (1988), § 39-6,111;

Laws 1993, LB 370, § 184;

Laws 2000, LB 74, § 2.
Neb. Rev. Stat. § 29-3305 — NE Code / Chapter 29 / Section 29-3305
View Statute 29-3305
Status: in_force

Any order issued under sections 29-3301 to 29-3307 shall specify (1) the character of the alleged criminal offense which is the subject of the application; (2) the specific type or types of identifying physical characteristic evidence which are sought; (3) the identity or description of the individual who may be detained for obtaining such evidence; (4) the name and official status of the peace officer or officers authorized to obtain such evidence and to effectuate any detention which may be necessary to obtain the evidence; (5) the place at which the obtaining of such evidence may be carried out; (6) that the person will be under no legal obligation to submit to any interrogation or to make any statement during the period of his appearance except that required for voice identification; (7) that the individual shall forthwith accompany the officer serving the order for the purpose of carrying out its objectives, or, in the alternative, fixing a time at which the individual shall appear for the purpose of carrying out the objectives of the order; (8) that the person, if he fails to accompany the officer, or to appear at the time fixed, as may be provided, or to otherwise comply with the provisions of the order, shall be guilty of contempt of court and punished accordingly; (9) the period of time during which the named or described individual may be detained for obtaining such evidence, which in no event shall exceed five hours; (10) the period of time, not exceeding fifteen days, during which the order shall continue in force and effect; and (11) any other conditions which the issuing judge or magistrate finds to be necessary to properly protect the rights of the individual who is to supply such evidence.

Laws 1971, LB 568, § 5.

The identifying physical characteristics statutes require a showing of probable cause to believe the person seized has engaged in an articulable criminal offense before the judicial officer can issue an order to produce identifying physical characteristics. State v. Marcus, 265 Neb. 910, 660 N.W.2d 837 (2003).

The identifying physical characteristics statutes require a showing of probable cause to believe the person seized has engaged in an articulable criminal offense before the judicial officer can issue an order to produce identifying physical characteristics. State v. Marcus, 265 Neb. 910, 660 N.W.2d 837 (2003).

When determining whether an order to produce identifying physical characteristics was based on a showing of probable cause, a court considers the totality of the circumstances. State v. Marcus, 265 Neb. 910, 660 N.W.2d 837 (2003).

When determining whether an order to produce identifying physical characteristics was based on a showing of probable cause, a court considers the totality of the circumstances. State v. Marcus, 265 Neb. 910, 660 N.W.2d 837 (2003).
Neb. Rev. Stat. § 30-4202 — NE Code / Chapter 30 / Section 30-4202
View Statute 30-4202
Status: in_force

(1) A guardian ad litem appointed pursuant to the Nebraska Probate Code shall:

(a) Be an attorney in good standing admitted to the practice of law in the State of Nebraska and meet any other requirements imposed by the Supreme Court; and

(b) Before serving as a guardian ad litem, complete the training requirements for a guardian ad litem as provided under Supreme Court rule.

(2) The Supreme Court shall promulgate rules for guardians ad litem in guardianship, conservatorship, or other protective proceedings.

(3) A guardian ad litem appointed pursuant to the Nebraska Probate Code may act as his or her own counsel and as counsel for the person who is the subject of the guardianship, conservatorship, or other protective proceeding unless such person obtains his or her own counsel or there are special reasons why the guardian ad litem or the person who is the subject of the proceeding should have separate counsel. In such cases, the guardian ad litem shall have the right to counsel and shall be entitled to have the court appoint counsel for him or her without regard to his or her financial ability to retain counsel.

Laws 2016, LB934, § 15.
Neb. Rev. Stat. § 54-302 — NE Code / Chapter 54 / Section 54-302
View Statute 54-302
Status: in_force

Any cattle drover, or his employee, who shall drive off any neat cattle, horses, mules, or sheep belonging to another person, intentionally or through neglect, shall be guilty of a Class V misdemeanor.

Laws 1879, § 2, p. 67;

R.S.1913, § 97;

C.S.1922, § 105;

C.S.1929, § 54-302;

R.S.1943, § 54-302;

Laws 1977, LB 39, § 17.
Neb. Rev. Stat. § 8-2701 — NE Code / Chapter 8 / Section 8-2701
View Statute 8-2701
Status: in_force

Sections 8-2701 to 8-2742 shall be known and may be cited as the Nebraska Money Transmitters Act.

Laws 2013, LB616, § 1;

Laws 2016, LB778, § 1;

Laws 2025, LB474, § 6.
Neb. Rev. Stat. § 21-1945 — NE Code / Chapter 21 / Section 21-1945
View Statute 21-1945
Status: in_force

(a) No proceeding may be brought by a creditor to reach the liability, if any, of a member to the corporation unless final judgment has been rendered in favor of the creditor against the corporation and execution has been returned unsatisfied in whole or in part or unless such proceeding would be useless.

(b) All creditors of the corporation, with or without reducing their claims to judgment, may intervene in any creditor's proceeding brought under subsection (a) of this section to reach and apply unpaid amounts due the corporation. Any or all members who owe amounts to the corporation may be joined in such proceeding.

Laws 1996, LB 681, § 45.
Neb. Rev. Stat. § 71-608.01 — NE Code / Chapter 71 / Section 71-608.01
View Statute 71-608.01
Status: in_force

Persons in any county containing a city of the metropolitan or primary class which has an established city-county or county health department pursuant to sections 71-1626 to 71-1636 which has an established birth and death registration system shall be exempt from the requirements of direct filing of birth and death certificates required by sections 71-604 , 71-605 , and 71-606 . The certificates for the births and deaths occurring in any such county shall be filed with the vital statistics office of the city-county or county health department within five business days of the date of the birth or death. The city-county or county health department shall forward the certificates to the department within ten business days of the date of the birth or death.

Laws 1985, LB 42, § 6;

Laws 1997, LB 307, § 139;

Laws 2007, LB296, § 409.
Neb. Rev. Stat. § 43-3904 — NE Code / Chapter 43 / Section 43-3904
View Statute 43-3904
Status: in_force

(a) A court on its own motion may order abduction prevention measures in a child custody proceeding if the court finds that the evidence establishes a credible risk of abduction of the child.

(b) A party to a child custody determination or another individual or entity having a right under the law of this state or any other state to seek a child custody determination for the child may file a petition seeking abduction prevention measures to protect the child under the Uniform Child Abduction Prevention Act.

(c) A county attorney or the Attorney General may seek a warrant to take physical custody of a child under section 43-3909 or other appropriate prevention measures.

Laws 2007, LB341, § 4.