reglab/housing_qa huggingface dataset:
NE Code § 25-705 (2021)
2021 Nebraska Revised Statutes|Chapter 25 - Courts; Civil Procedure|25-705 - Joinder; procedures; misjoinder.

25-705.  Joinder; procedures; misjoinder.(1) This section applies when an action involves multiple parties or more than one cause of action.(2) A plaintiff or defendant need not be interested in obtaining or defending against all the relief demanded. Judgment may be given for one or more of the plaintiffs according to their respective rights to relief and against one or more of the defendants according to their respective liabilities.(3) The court may make such orders as will prevent a party from being embarrassed, delayed, or put to expense by the inclusion of a party against whom the party asserts no claim and who asserts no claim against the party and may order separate trials or make other orders to prevent delay or prejudice.(4) Persons other than those made parties to the original action may be made parties to a counterclaim or cross-claim in accordance with section 25-311 or 25-320.(5) Misjoinder of parties is not ground for dismissal of an action. Parties may be dropped or added by order of the court on motion of any party or of its own initiative at any stage of the action and on such terms as are just. Any claim against a party may be severed and proceeded with separately.Source   Laws 1998, LB 234, § 4;  Laws 1999, LB 43, § 2;  Laws 2000, LB 921, § 4. Annotations  Pursuant to this section, an order that adjudicates the rights and liabilities of fewer than all the parties will constitute a final, appealable order only if the trial court expressly directs the entry of a final judgment as to the party or parties adjudicated and expressly determines that there is no just reason for delay. Scottsdale Ins. Co. v. City of Lincoln, 260 Neb. 372, 617 N.W.2d 806 (2000). Where multiple causes of action are alleged, the resolution of one cause of action constitutes a final, appealable order only if the trial court expressly directs the entry of a final judgment on that one issue and expressly determines that there is no just reason for delay. Chief Indus., Inc. v. Great Northern Ins. Co., 259 Neb. 771, 612 N.W.2d 225 (2000).
NE Code § 25-801.01 (2021)
2021 Nebraska Revised Statutes|Chapter 25 - Courts; Civil Procedure|25-801.01 - Rules of pleading; Supreme Court; promulgate.

25-801.01.  Rules of pleading; Supreme Court; promulgate.(1) By January 1, 2003, the Supreme Court shall have rules of pleading in civil actions promulgated which are not in conflict with the statutes governing such matters.(2) For all civil actions filed on or after January 1, 2003:(a) The rules of pleading promulgated by the Supreme Court shall apply;(b) The plaintiff's initial pleading shall be a petition when that designation is provided elsewhere by statutes. In all other civil actions the plaintiff's initial pleading shall be a complaint;(c) The cross-petition, cross-bill, and cross-suit are abolished. Demurrers to a pleading and special appearances shall not be used. The plea in bar, plea in abatement, and other dilatory pleas shall not be used in civil actions; and(d) All pleadings shall be construed as to do substantial justice.Source Laws 2002, LB 876, § 1. Annotations Pleas in abatement are not provided for in civil actions. State ex rel. Comm. on Unauth. Prac. of Law v. Hansen, 286 Neb. 69, 834 N.W.2d 793 (2013).
NE Code § 25-824.01 (2021)
2021 Nebraska Revised Statutes|Chapter 25 - Courts; Civil Procedure|25-824.01 - Frivolous actions; attorney's fees; costs; determination of amount.

25-824.01.  Frivolous actions; attorney's fees; costs; determination of amount.In determining the amount of a cost or an attorney's fee award pursuant to subsection (2) of section 25-824, the court shall exercise its sound discretion. When granting an award of costs and attorney's fees, the court shall specifically set forth the reasons for such award and shall, in determining whether to assess attorney's fees and costs and the amount to be assessed against offending attorneys and parties, consider the following factors, including, but not limited to: (1) The extent to which any effort was made to determine the validity of any action or claim before the action was asserted; (2) the extent of any effort made after the commencement of an action to reduce the number of claims or defenses being asserted or to dismiss claims or defenses that have been found not to be valid; (3) the availability of facts to assist the party to determine the validity of a claim or defense; (4) the relative financial position of the parties involved; (5) whether or not the action was prosecuted or defended in whole or in part in bad faith; (6) whether or not issues of fact, determinative of the validity of a party's claim or defense, were reasonably in conflict; (7) the extent to which the party prevailed with respect to the amount of and number of claims in controversy; (8) the amount or conditions of any offer of judgment or settlement in relation to the amount or conditions of the ultimate relief granted by the court; (9) the extent to which a reasonable effort was made to determine prior to the time of filing of a claim that all parties sued or joined were proper parties owing a legally defined duty to the plaintiff or defendant; and (10) the extent of any effort made after the commencement of an action to reduce the number of parties in the action.Source  Laws 1987, LB 261, § 2. Annotations  The two requirements of this section, one mandating a court to specifically set forth the reasons for the award and the other requiring the court to consider enumerated factors, are separate and distinct. White v. Kohout, 286 Neb. 700, 839 N.W.2d 252 (2013). In determining whether to assess attorney fees and costs and the amount to be assessed against offending attorneys and parties, the court considers a number of factors, including, but not limited to, the 10 factors listed in this section. In re Guardianship of Aimee S., 26 Neb. App. 380, 920 N.W.2d 18 (2018). Nebraska's statutory scheme requires the trial court to "exercise its sound discretion" in determining whether to award attorney fees, and whether a claim or defense was made in bad faith is but one factor to be considered by the trial court. Harrington v. Farmers Union Co-op. Ins. Co., 13 Neb. App. 484, 696 N.W.2d 485 (2005).
NE Code § 25-824.02 (2021)
2021 Nebraska Revised Statutes|Chapter 25 - Courts; Civil Procedure|25-824.02 - Frivolous actions; actual attorney's fee; effect of award; stipulations authorized.

25-824.02.  Frivolous actions; actual attorney's fee; effect of award; stipulations authorized.Nothing in sections 25-824 to 25-824.03 shall be construed to prevent an attorney and his or her client from negotiating the actual fee which the client is to pay the attorney. Nothing in such sections shall be intended to limit the authority of the court to approve written stipulations filed with the court or oral stipulations in open court agreeing to no award of attorney's fees or costs or an award of attorney's fees or costs in a manner different than that provided in such sections.Source  Laws 1987, LB 261, § 3.
NE Code § 25-824.03 (2021)
2021 Nebraska Revised Statutes|Chapter 25 - Courts; Civil Procedure|25-824.03 - Frivolous actions; applicability of sections.

25-824.03.  Frivolous actions; applicability of sections.Sections 25-824 to 25-824.03 shall apply unless attorney's fees are otherwise specifically provided by law, in which case the provision allowing the greater award shall prevail.Source  Laws 1987, LB 261, § 4.
NE Code § 25-839 (2021)
2021 Nebraska Revised Statutes|Chapter 25 - Courts; Civil Procedure|25-839 - Libel or slander; how sufficiently pleaded; burden of proof.

25-839.  Libel or slander; how sufficiently pleaded; burden of proof.In an action for a libel or slander it shall be sufficient to state, generally, that the defamatory matter was published or spoken of the plaintiff, and if the allegation be denied, the plaintiff must prove on the trial the facts, showing that the defamatory matter was published or spoken of him.Source   R.S.1867, Code § 131, p. 414;   R.S.1913, § 7699;   C.S.1922, § 8643;   C.S.1929, § 20-839;   R.S.1943, § 25-839. Annotations  In an action for a libel or slander it shall be sufficient to state, generally, that the defamatory matter was published or spoken of the plaintiff, and if the allegation is denied, the plaintiff must prove on the trial the facts, showing that the defamatory matter was published or spoken of him. White v. Ardan, Inc., 230 Neb. 11, 430 N.W.2d 27 (1988). Words to be slanderous per se must not only charge an offense which is actionable, but also the nature thereof. Nelson v. Rosenberg, 135 Neb. 34, 280 N.W. 229 (1938). Writing libelous per se defined. Bigley v. National Fid. & Casualty Co., 94 Neb. 813, 144 N.W. 810 (1913). Where publication is not libelous per se, special damages must be pleaded. Callfas v. World Pub. Co., 93 Neb. 108, 139 N.W. 830 (1913). It is not necessary in action for slander to allege the name of the person to whom the words were spoken. Fitzgerald v. Young, 89 Neb. 693, 132 N.W. 127 (1911). This section abrogates common law rule requiring facts and circumstances to be stated, connecting plaintiff with publication. Sheibley v. Huse, 75 Neb. 811, 106 N.W. 1028 (1906). Words imputing indictable offense are actionable per se. Herzog v. Campbell, 47 Neb. 370, 66 N.W. 424 (1896). Words should be given their natural and ordinary meaning. World Pub. Co. v. Mullen, 43 Neb. 126, 61 N.W. 108 (1894). Words, which in effect charge embezzlement, are libelous per se and special damage need not be alleged. Pokrok Zapadu Pub. Co. v. Zizkovsky, 42 Neb. 64, 60 N.W. 358 (1894).
NE Code § 25-840 (2021)
2021 Nebraska Revised Statutes|Chapter 25 - Courts; Civil Procedure|25-840 - Libel or slander; truth as defense; effect of actual malice.

25-840.  Libel or slander; truth as defense; effect of actual malice.In the actions mentioned in section 25-839, the defendant may allege the truth of the matter charged as defamatory, prove the same and any mitigating circumstances to reduce the amount of damages, or prove either. The truth in itself and alone shall be a complete defense unless it shall be proved by the plaintiff that the publication was made with actual malice. Actual malice shall not be inferred or presumed from publication.Source   R.S.1867, Code § 132, p. 414;   R.S.1913, § 7700;   C.S.1922, § 8644;   C.S.1929, § 20-840;   R.S.1943, § 25-840;   Laws 1957, c. 83, § 1, p. 329.  Annotations  In an action for libel or slander, a defendant may allege the truth of the matter charged as defamatory. The truth in itself and alone shall be a complete defense unless it shall be proved by the plaintiff that the publication was made with actual malice. Actual malice shall not be inferred or presumed from publication. White v. Ardan, Inc., 230 Neb. 11, 430 N.W.2d 27 (1988). As a general rule, in a case of alleged libel or slander, truth is a complete defense absent proof of actual malice. Turner v. Welliver, 226 Neb. 275, 411 N.W.2d 298 (1987). For failure to allege, as ordered by the court, whether or not publication was malicious and whether defendant gave notice and requested correction, the petition was properly dismissed. Vodehnal v. Grand Island Daily Independent, 191 Neb. 836, 218 N.W.2d 220 (1974). Plaintiff has burden of proving actual malice. Whitcomb v. Nebraska State Education Assn., 184 Neb. 31, 165 N.W.2d 99 (1969). Defendant cannot prove truth of defamatory charge under general denial. Murten v. Garbe, 93 Neb. 589, 141 N.W. 146 (1913). In action for libel, truth is not complete defense; good motives, etc., are necessary. Sheibley v. Fales, 81 Neb. 795, 116 N.W. 1035 (1908); Pokrok Zapadu Pub. Co. v. Zizkovsky, 42 Neb. 64, 60 N.W. 358 (1894). Insofar as slander is concerned, truth is complete defense. Larson v. Cox, 68 Neb. 44, 93 N.W. 1011 (1903).
NE Code § 25-840.01 (2021)
2021 Nebraska Revised Statutes|Chapter 25 - Courts; Civil Procedure|25-840.01 - Libel; invasion of privacy; damages; retraction; effect.

25-840.01.  Libel; invasion of privacy; damages; retraction; effect.(1) In an action for damages for the publication of a libel or for invasion of privacy as provided by section 20-204 by any medium, the plaintiff shall recover no more than special damages unless correction was requested as herein provided and was not published. Within twenty days after knowledge of the publication, plaintiff shall have given each defendant a notice by certified or registered mail specifying the statements claimed to be libelous or to have invaded privacy as provided by section 20-204 and specifically requesting correction. Publication of a correction shall be made within three weeks after receipt of the request. It shall be made in substantially as conspicuous a manner as the original publication about which complaint was made. A correction, published prior to receipt of a request therefor, shall have the same force and effect as if published after such request. The term special damages, as used in this section, shall include only such damages as plaintiff alleges and proves were suffered in respect to his or her property, business, trade, profession, or occupation as the direct and proximate result of the defendant's publication.(2) This section shall not apply if it is alleged and proved that the publication was prompted by actual malice, and actual malice shall not be inferred or presumed from the publication.Source   Laws 1957, c. 83, § 2, p. 329;   Laws 1979, LB 394, § 12;   Laws 1987, LB 93, § 8.  Annotations  The plaintiff's failure to request a retraction under this section constitutes an affirmative defense which must be raised by the defendant prior to trial. Funk v. Lincoln-Lancaster Cty. Crime Stoppers, 294 Neb. 715, 885 N.W.2d 1 (2016). For failure to allege, as ordered by the court, whether or not publication was malicious and whether defendant gave notice and requested correction, the petition was properly dismissed. Vodehnal v. Grand Island Daily Independent, 191 Neb. 836, 218 N.W.2d 220 (1974). Where no attempt to comply with this section made, assumption is that cause of action predicated on actual malice. Whitcomb v. Nebraska State Education Assn., 184 Neb. 31, 165 N.W.2d 99 (1969).
NE Code § 25-840.02 (2021)
2021 Nebraska Revised Statutes|Chapter 25 - Courts; Civil Procedure|25-840.02 - Broadcasting stations; liability.

25-840.02.  Broadcasting stations; liability.(1) The owner, licensee, or operator of a visual or sound radio broadcasting station or network of stations, and the agents or employees of any such owner, licensee, or operator, shall not be liable for any damages for any defamatory statement published or uttered in or as a part of a visual or sound radio broadcast, by any person other than such owner, licensee, or operator, or an agent or employee thereof, unless it is alleged and proved by the complaining party that such owner, licensee, or operator, or such agent or employee, has failed to exercise due care to prevent the publication or utterance of such statement in such broadcast.(2) In no event shall any owner, licensee, or operator, or an agent or employee thereof, be held liable for any damages for any defamatory statement uttered over the facilities of the visual or sound radio broadcasting station or network by any person other than such owner, licensee, or operator, or an agent or employee thereof, by, on behalf of, or against any candidate for public office.(3) In any action for damages for any defamatory statement published or uttered in or as a part of a visual or sound radio broadcast, the complaining party shall be allowed only such actual damages as such party has alleged and proved.Source   Laws 1949, c. 316, § 1, p. 1037;   R.S.1943, (1999), § 86-601;  Laws 2002, LB 1105, § 420.  Cross References  Limitation on cause of action, see section 20-209.
NE Code § 25-902 (2021)
2021 Nebraska Revised Statutes|Chapter 25 - Courts; Civil Procedure|25-902 - Offer of judgment; no cause for continuance or postponement.

25-902.  Offer of judgment; no cause for continuance or postponement.The making of an offer pursuant to the provisions contained in section 25-901 shall not be a cause for a continuance of an action, or a postponement of a trial.Source   R.S.1867, Code § 566, p. 493;   R.S.1913, § 7718;   C.S.1922, § 8662;   C.S.1929, § 20-902;   R.S.1943, § 25-902.
NE Code § 25-903 (2021)
2021 Nebraska Revised Statutes|Chapter 25 - Courts; Civil Procedure|25-903 - Submitting controversy without action; procedure.

25-903.  Submitting controversy without action; procedure.Parties to a question which might be the subject of a civil action may without action agree upon a case containing the facts upon which the controversy depends, and present a submission of the same to any court which would have jurisdiction if an action had been brought. But it must appear by affidavit that the controversy is real, and the proceedings in good faith, to determine the rights of the parties. The court shall, thereupon, hear and determine the case, and render judgment as if an action were pending.Source   R.S.1867, Code § 567, p. 493;   R.S.1913, § 7719;   C.S.1922, § 8663;   C.S.1929, § 20-903;   R.S.1943, § 25-903. Cross References  For declaratory judgments, see sections 25-21,149 to 25-21,164.Annotations  If interests are adverse, case is not moot, though it is friendly suit. State v. First Catholic Church of Lincoln, 88 Neb. 2, 128 N.W. 657 (1910). It is the duty of Supreme Court to act when controversy is submitted under this section. In re Groff, 21 Neb. 647, 33 N.W. 426 (1887).
NE Code § 25-904 (2021)
2021 Nebraska Revised Statutes|Chapter 25 - Courts; Civil Procedure|25-904 - Record; what constitutes.

25-904.  Record; what constitutes.The case, the submission and the judgment shall constitute the record.Source   R.S.1867, Code § 568, p. 494;   R.S.1913, § 7720;   C.S.1922, § 8664;   C.S.1929, § 20-904;   R.S.1943, § 25-904.
NE Code § 25-905 (2021)
2021 Nebraska Revised Statutes|Chapter 25 - Courts; Civil Procedure|25-905 - Judgment; effect.

25-905.  Judgment; effect.The judgment shall be with costs, may be enforced, and shall be subject to reversal, in the same manner as if it had been rendered in an action, unless otherwise provided in the submission.Source   R.S.1867, Code § 569, p. 494;   R.S.1913, § 7721;   C.S.1922, § 8665;   C.S.1929, § 20-905;   R.S.1943, § 25-905.
NE Code § 25-906 (2021)
2021 Nebraska Revised Statutes|Chapter 25 - Courts; Civil Procedure|25-906 - Confession of judgment after action brought; effect.

25-906.  Confession of judgment after action brought; effect.After an action for the recovery of money is brought, the defendant may offer in court to confess judgment for part of the amount claimed, or part of the causes involved in the action. Whereupon, if the plaintiff, being present, refuses to accept such confession of judgment in full of his demands against the defendant in the action, or, having had such notice that the offer would be made, of its amount and of the time of making it, as the court shall deem reasonable, fail to attend, and on the trial do not recover more than was so offered to be confessed, such plaintiff shall pay all the costs of the defendant incurred after the offer. The offer shall not be deemed to be an admission of the cause of action or amount to which the plaintiff is entitled, nor be given in evidence upon the trial.Source   R.S.1867, Code § 570, p. 494;   R.S.1913, § 7722;   C.S.1922, § 8666;   C.S.1929, § 20-906;   R.S.1943, § 25-906. Annotations  In order that a confession of judgment may be binding on the plaintiff, it is essential that he, either expressly or impliedly, assent thereto; if it is made without his request, knowledge, or consent, and entered at the instance of the debtor alone, it will have no validity unless the creditor ratifies or accepts it. In re Estate of Redpath, 224 Neb. 845, 402 N.W.2d 648 (1987). No compliance was had with requirements for confession of judgment. James v. Hogan, 154 Neb. 306, 47 N.W.2d 847 (1951). An offer to confess judgment, incorporated in an answer, should not be referred to in the instructions. Hammang v. Chicago & N.W. Ry. Co., 107 Neb. 684, 186 N.W. 991 (1922). Offer must be made in open court or served on plaintiff though filed. Rose v. Peck, 18 Neb. 529, 26 N.W. 363 (1886). This section is not applicable to proceedings in ad quod damnum. Johnson v. Sutliff, 17 Neb. 423, 23 N.W. 9 (1885).
NE Code § 25-907 (2021)
2021 Nebraska Revised Statutes|Chapter 25 - Courts; Civil Procedure|25-907 - Confession of judgment before action brought; effect.

25-907.  Confession of judgment before action brought; effect.Before an action for the recovery of money is brought against any person, he may go into the court of the county of his residence, or of that in which the person having the cause of action resides, which would have jurisdiction of the action, and offer to confess judgment in favor of such person for a specified sum on such cause of action. Whereupon, if such person, having had such notice that the offer would be made, of its amount and of the time and place of making it, as the court shall deem reasonable, does not attend to accept the confession, or attending, refuses to accept it, and should afterward commence an action upon such cause, and not recover more than the amount so offered to be confessed, he shall pay all the costs of the action; and on the trial thereof, the offer shall not be deemed to be an admission of the cause of action or amount to which the plaintiff is entitled, nor be given in evidence.Source   R.S.1867, Code § 571, p. 494;   R.S.1913, § 7723;   C.S.1922, § 8667;   C.S.1929, § 20-907;   R.S.1943, § 25-907.
NE Code § 25-908 (2021)
2021 Nebraska Revised Statutes|Chapter 25 - Courts; Civil Procedure|25-908 - Motion, defined.

25-908.  Motion, defined.A motion is an application for an order addressed to the court or a judge in vacation, by any party to a suit or proceeding, or one interested therein.Source   R.S.1867, Code § 572, p. 495;   R.S.1913, § 7724;   C.S.1922, § 8668;   C.S.1929, § 20-908;   R.S.1943, § 25-908. Annotations  Application or motion to set aside order vacating decree of divorce, and to reinstate decree, was after the term and required notice. Carmony v. Carmony, 112 Neb. 651, 200 N.W. 830 (1924). Application for deficiency judgment may be made by motion. Crary v. Buck, 1 Neb. Unof. 596, 95 N.W. 839 (1901).
NE Code § 25-909 (2021)
2021 Nebraska Revised Statutes|Chapter 25 - Courts; Civil Procedure|25-909 - Motion; several objects authorized.

25-909.  Motion; several objects authorized.Several objects may be included in the same motion, if they all grow out of or are connected with the action or proceeding in which it is made.Source   R.S.1867, Code § 573, p. 495;   R.S.1913, § 7725;   C.S.1922, § 8669;   C.S.1929, § 20-909;   R.S.1943, § 25-909. Cross References   Motion for a directed verdict, see sections 25-1315.01 to 25-1315.03.  Motion for new trial, see section 25-1315.02 et seq.