The NSBA supports this legislation. This legislation re-enacts a section of the former Nebraska Business Corporation Act which was amended by the Legislature in 1995. Such instrument, when acknowledged by such officer to be an act of the corporation, shall be presumed to be valid and may be recorded in the proper office of the county in which the real estate is located, in the same manner as other such instruments. This legislation clarifies the legal effect of a corporate seal in Nebraska law when real estate if transferred by a corporation. This legislation would provide that a non-resident of the state may be required to post security for costs.
Current law requires a non-resident of the county to post such a bond.
This legislation amends Nebraska law regarding subpoenas issued during the discovery phase of an action. The legislation provides that when discovery rules promulgated by the Supreme Court authorize discovery from a non-party without a deposition, a subpoena shall be issued by the clerk of the court before whom the action is pending upon request of a party. An attorney as an officer of the court may also issue and sign such a subpoena on behalf of a court in which the attorney is authorized to practice. The subpoena shall be served in the time and manner required by the discovery rules. Such discovery rules shall not be construed to permit discovery by subpoena if the information is protected by statute or if that procedure conflicts with any other statute.