This legislation implements the recommendations of the Supreme Court Committee on Practice and Procedure relating to civil procedure. Senator Brashear successfully amended two other bills into L.B. 921, L.B. 1013 and L.B. 1204. An action for libel and slander will still be required to be brought within one year. L.B. 1204 seeks to clean up two areas of law in the civil area. The second provision of this legislation provides that in a Small Claims Court matter, if notice is to be served by certified mail, the clerk shall provide the plaintiff with written instructions, prepared and provided by the State Court Administrator, regarding the proper procedure for service by certified mail.
Current law requires that service by certified mail be made by the clerk.
L.B. 1197, introduced by Wahoo Senator Curt Bromm advanced from General File to Select File last Friday. This legislation provides that a trustee may present a certification of trust to any person in lieu of a copy of any trust instrument to establish the existence or terms of the trust. The trustee may present the certification of trust voluntarily or at the request of the person with whom he or she is dealing. No person is required to accept or rely solely on a certification of trust in lieu of a copy of, or excerpts from, the trust instrument itself. A certification of trust shall be in the form of an affidavit and signed and acknowledged by all acting trustees of the trust.