reglab/housing_qa huggingface dataset:
NE Code § 25-1125 (2021)
2021 Nebraska Revised Statutes|Chapter 25 - Courts; Civil Procedure|25-1125 - Five-sixths verdict; jurors to sign.

25-1125.  Five-sixths verdict; jurors to sign.In all trials in civil actions in any court in this state, a verdict shall be rendered if five-sixths or more of the members of the jury concur therein, and such verdict shall have the same force and effect as though agreed to by all members of the jury; Provided, that a verdict concurred in by less than all members of the jury shall not be rendered until the jury shall have had an opportunity for deliberation and consideration of the case for a period of not less than six hours after the same is submitted to said jury. If a verdict be concurred in by all the members of the jury, the foreman alone may sign it, but if rendered by a less number, such verdict shall be signed by all the jurors who shall agree to the verdict.Source   Laws 1921, c. 124, § 1, p. 534;   C.S.1922, § 8808;   C.S.1929, § 20-1125;   R.S.1943, § 25-1125. Annotations  A juror is free to deliberate and vote on each issue presented to the jury, even if the juror has dissented from the majority on a previous issue. Gourley v. Nebraska Methodist Health Sys., 265 Neb. 918, 663 N.W.2d 43 (2003). Even though a juror, who disagreed on the question of who was liable, provided the 10th vote necessary on the damages and apportionment questions, the verdict was valid. Gourley v. Nebraska Methodist Health Sys., 265 Neb. 918, 663 N.W.2d 43 (2003). Length of time devoted to meals cannot be shown to prove that jury did not deliberate six hours. Cartwright & Wilson Constr. Co. v. Smith, 155 Neb. 431, 52 N.W.2d 274 (1952). The presumption is in favor of the regularity of the proceeding of the district court and that the jury deliberated six hours before returning the verdict by ten jurors. Lovelace v. Boatsman, 113 Neb. 145, 202 N.W. 418 (1925).
NE Code § 25-1126 (2021)
2021 Nebraska Revised Statutes|Chapter 25 - Courts; Civil Procedure|25-1126 - Jury trial; waiver.

25-1126.  Jury trial; waiver.The trial by jury may be waived by the parties in actions arising on contract and with assent of the court in other actions (1) by the consent of the party appearing, when the other party fails to appear at the trial by himself or herself or by attorney, (2) by written consent, in person or by attorney, filed with the clerk, and (3) by oral consent in open court entered upon the record.Source   R.S.1867, Code § 296, p. 444;   R.S.1913, § 7864;   C.S.1922, § 8809;   C.S.1929, § 20-1126;   R.S.1943, § 25-1126;  Laws 2018, LB193, § 14.  Annotations  A party’s waiver of a jury trial in district court is statutorily governed by this section because it sets reasonable limits on a constitutional right. This section provides an exclusive list of the manners in which a waiver occurs. Unless a party’s conduct falls into one of this section’s three categories, a court will not find a waiver of a constitutional right. It does not provide that a party waives the right to jury trial by failing to demand one. Jacobson v. Shresta, 288 Neb. 615, 849 N.W.2d 515 (2014). Cases in which the parties tried issues of fact to the court without objection or asked for a directed verdict should be construed as falling into the “oral consent” category of waivers under this section. Such conduct is inconsistent with demanding a jury trial, and the trial court’s judgment operates as its assent to the procedure. Jacobson v. Shresta, 288 Neb. 615, 849 N.W.2d 515 (2014). Merely failing to object, before trial, to a defendant’s request for a bench trial on a bifurcated affirmative defense is not oral consent in open court to waive a jury trial. Jacobson v. Shresta, 288 Neb. 615, 849 N.W.2d 515 (2014). A written waiver of jury trial signed by defense counsel in criminal case and acquiesced in by defendant is a valid waiver. State v. Klatt, 192 Neb. 219, 219 N.W.2d 761 (1974). It is within discretion of trial court to permit a waiver of trial by jury to be withdrawn. McKinney v. County of Cass, 180 Neb. 685, 144 N.W.2d 416 (1966). In a will contest in district court on appeal, contestant not appearing, proponent may waive jury trial. Shelby v. St. James Orphan Asylum, 66 Neb. 40, 92 N.W. 155 (1902). Where jury trial is waived, order of argument is subject to discretion of court. Citizens State Bank v. Baird, 42 Neb. 219, 60 N.W. 551 (1894). Waiver of jury trial may be made in replevin, with assent of court. Baker v. Daily, 6 Neb. 464 (1877).
NE Code § 25-1128 (2021)
2021 Nebraska Revised Statutes|Chapter 25 - Courts; Civil Procedure|25-1128 - Trial by the court; provisions for jury trials applicable.

25-1128.  Trial by the court; provisions for jury trials applicable.The provisions of this Chapter respecting trials by jury, apply, so far as they are in their nature applicable, to trials by the court.Source   R.S.1867, Code § 320, p. 448;   R.S.1913, § 7866;   C.S.1922, § 8811;   C.S.1929, § 20-1128;   R.S.1943, § 25-1128. Annotations  Trial court had authority to vacate judgment it had entered for plaintiff after trial to the court, and to then enter judgment for defendants on motion couched in terms of section 25-1315.02. Woodmen of the World Life Ins. Soc. v. Peter Kiewit Sons' Co., 196 Neb. 158, 241 N.W.2d 674 (1976). In case tried to judge, handwriting may be compared by him with genuine writing of the same person. First Nat. Bank & Trust Co. v. Cutright, 189 Neb. 805, 205 N.W.2d 542 (1973). Special findings of fact inconsistent with general findings of court control. Carl v. Wentz, 116 Neb. 880, 219 N.W. 390 (1928). Procedure upon hearing is assimilated to equity practice; right to open and close is determined by pleadings. Citizens State Bank v. Baird, 42 Neb. 219, 60 N.W. 551 (1894).
NE Code § 25-1129 (2021)
2021 Nebraska Revised Statutes|Chapter 25 - Courts; Civil Procedure|25-1129 - Reference by consent; when allowed.

25-1129.  Reference by consent; when allowed.All or any of the issues in the action, whether of fact or law or both, may be referred to a referee upon the written consent of the parties or upon their oral consent in court entered upon the record.Source   R.S.1867, Code § 298, p. 444;   R.S.1913, § 7867;   C.S.1922, § 8812;   C.S.1929, § 20-1129;   R.S.1943, § 25-1129;  Laws 2008, LB1014, § 10;  Laws 2018, LB193, § 15.  Annotations  A referee's factual findings are entitled to some deference, but no such deference is owed to the referee's conclusions or recommendations. Becher v. Becher, 299 Neb. 206, 908 N.W.2d 12 (2018). The question of the defendant's agency was within the issue of receivership and therefor within the authority given the referee, and the filing of a supplemental report which recommended appointment of a receiver was proper in this case. Beavers v. Graham, 209 Neb. 556, 308 N.W.2d 826 (1981). Special master appointed by court is a referee. Gentsch, Inc. v. Burnett, 173 Neb. 820, 115 N.W.2d 446 (1962). Supreme Court has inherent power to refer original cases. State ex rel. Broatch v. Moores, 56 Neb. 1, 76 N.W. 530 (1898). Party participating in proceedings before referee is estopped to deny consent to reference. Morris v. Haas, 54 Neb. 579, 74 N.W. 828 (1898). Court will presume consent was given to action to a referee when record fails to show that objections were made. Hosford v. Stone, 6 Neb. 378 (1877).
NE Code § 25-1130 (2021)
2021 Nebraska Revised Statutes|Chapter 25 - Courts; Civil Procedure|25-1130 - Reference by court order; when allowed.

25-1130.  Reference by court order; when allowed.When the parties do not consent, the court may, upon application of either, or of its own motion, direct a reference in any equity matter to a referee appointed by the court. The court shall direct a reference to a referee only when caseload and time constraints require such reference, and a referee shall not be appointed to conduct any hearing involving an issue of law and not equity that could result in the exercise of the right to a trial before a jury.Source   R.S.1867, Code § 299, p. 444;   R.S.1913, § 7868;   C.S.1922, § 8813;   C.S.1929, § 20-1130;   R.S.1943, § 25-1130;  Laws 2008, LB1014, § 11. Annotations  Trial court can make a reference of an accounting to a referee. Corn Belt Products Co. v. Mullins, 172 Neb. 561, 110 N.W.2d 845 (1961). Interlocutory order that plaintiff is entitled to account is unnecessary. Bennett v. Baum, 90 Neb. 320, 133 N.W. 439 (1911). Right to jury cannot be defeated because of issues as to equitable rights. Yager v. Exchange Nat. Bank of Hastings, 52 Neb. 321, 72 N.W. 211 (1897). Purely legal action cannot be referred, except on consent of parties. Kinkaid v. Hiatt, 24 Neb. 562, 39 N.W. 600 (1888). Court may refer in partition without consent for taking of account. Mills v. Miller, 3 Neb. 87 (1873). Where equitable counterclaim is filed in legal action it is not error to overrule general objection to reference of whole cause. Brown v. Keith, 1 Neb. Unof. 649, 96 N.W. 59 (1901).
NE Code § 25-1132 (2021)
2021 Nebraska Revised Statutes|Chapter 25 - Courts; Civil Procedure|25-1132 - Referees; how chosen; number.

25-1132.  Referees; how chosen; number.In all cases of reference, the parties, except when an infant may be a party, may agree upon a suitable person or persons, not exceeding three, and the reference shall be ordered accordingly; and if the parties do not agree, the court shall appoint one or more referees, not exceeding three, who shall be free from exception.Source   R.S.1867, Code § 301, p. 445;   R.S.1913, § 7870;   C.S.1922, § 8815;   C.S.1929, § 20-1132;   R.S.1943, § 25-1132. Annotations Failure to object to qualifications of referee until after approval of report precluded attack on that ground. Corn Belt Products Co. v. Mullins, 172 Neb. 561, 110 N.W.2d 845 (1961).
NE Code § 25-1134 (2021)
2021 Nebraska Revised Statutes|Chapter 25 - Courts; Civil Procedure|25-1134 - Trial by referee; exceptions; report.

25-1134.  Trial by referee; exceptions; report.It shall be the duty of the referees to sign any true exceptions taken to any order or decision by them made in the case and return the same with their report to the court making the reference.Source   R.S.1867, Code § 303, p. 445;   R.S.1913, § 7872;   C.S.1922, § 8817;   C.S.1929, § 20-1134;   R.S.1943, § 25-1134. Annotations  Referee, and not judge, must settle bill of exceptions. Bennett v. Baum, 90 Neb. 320, 133 N.W. 439 (1911). This section confers authority upon a referee to sign a bill of exceptions. State ex rel. Dunterman v. Gaslin, 30 Neb. 651, 46 N.W. 917 (1890).
NE Code § 25-1135 (2021)
2021 Nebraska Revised Statutes|Chapter 25 - Courts; Civil Procedure|25-1135 - Reference in vacation; written consent required.

25-1135.  Reference in vacation; written consent required.A judge in vacation, upon the written consent of the parties, may make any order of reference which the court, of which he is a member, could make in term time. In such case, the order of reference shall be made on the written agreement of the parties to refer, and shall be filed with the clerk of the court with the other papers in the case.Source   R.S.1867, Code § 304, p. 445;   R.S.1913, § 7873;   C.S.1922, § 8818;   C.S.1929, § 20-1135;   R.S.1943, § 25-1135.
NE Code § 25-1136 (2021)
2021 Nebraska Revised Statutes|Chapter 25 - Courts; Civil Procedure|25-1136 - Referees; oath or affirmation.

25-1136.  Referees; oath or affirmation.The referees must be sworn or affirmed well and faithfully to hear and examine the cause, and to make a just and true report therein according to the best of their understanding. The oath may be administered by any person authorized to take depositions.Source   R.S.1867, Code § 305, p. 445;   R.S.1913, § 7874;   C.S.1922, § 8819;   C.S.1929, § 20-1136;   R.S.1943, § 25-1136. Annotations Failure to take oath is an irregularity waived by proceeding to trial without objection. Lamaster v. Scofield and Cowperthwait, 5 Neb. 148 (1876).
NE Code § 25-1137 (2021)
2021 Nebraska Revised Statutes|Chapter 25 - Courts; Civil Procedure|25-1137 - Referees; compensation.

25-1137.  Referees; compensation.The referees shall be allowed such compensation for their services as the court may deem just and proper, which shall be taxed as a part of the costs in the case.Source   R.S.1867, Code § 306, p. 445;   R.S.1913, § 7875;   C.S.1922, § 8820;   C.S.1929, § 20-1137;   R.S.1943, § 25-1137. Annotations Referee's fees are taxed as part of the costs. Corn Belt Products Co. v. Mullins, 172 Neb. 561, 110 N.W.2d 845 (1961).
NE Code § 25-1138 (2021)
2021 Nebraska Revised Statutes|Chapter 25 - Courts; Civil Procedure|25-1138 - Exception, defined.

25-1138.  Exception, defined.An exception is an objection taken to a decision of the court upon a matter of law.Source   R.S.1867, Code § 307, p. 445;   R.S.1913, § 7876;   C.S.1922, § 8821;   C.S.1929, § 20-1138;   R.S.1943, § 25-1138.
NE Code § 25-1139 (2021)
2021 Nebraska Revised Statutes|Chapter 25 - Courts; Civil Procedure|25-1139 - Taking and noting of exceptions; unnecessary, when.

25-1139.  Taking and noting of exceptions; unnecessary, when.Every litigant in any court or in any proceeding to which he is a party before any judge, magistrate, referee, board or tribunal, shall be deemed and taken, both in the trial court and before such judge, magistrate, referee, board or tribunal as well on appeal or error therefrom, as excepting to any judgment, order or other ruling, including the giving or refusal of instructions to the jury, made by such court, judge, magistrate, referee, board or tribunal at any stage of the case or proceeding, that is material and prejudicial to the substantial rights of the litigant and he shall not be required in order to preserve his rights actually to take, or to cause to be noted upon the record, any such exception.Source   R.S.1867, Code §§ 308, 309, 310, 312, and 313, p. 446;   Laws 1877, § 1, p. 11;   R.S.1913, § 7877;   Laws 1915, c. 147, § 1, p. 317;   C.S.1922, § 8822;   C.S.1929, § 20-1139;   R.S.1943, § 25-1139. Annotations  An instruction to which no exception is noted on the record when given may be reviewed on appeal, former rule having been changed by statute. Derr v. Gunnell, 127 Neb. 708, 256 N.W. 725 (1934). Bill of exceptions was sufficient hereunder to protect rights of accused. Scott v. State, 121 Neb. 232, 236 N.W. 608 (1931). Order of court in foreclosure suit, after evidence concluded, requiring defendant to file first brief, must be taken as excepted to, under this section. Quesner v. Novotny, 113 Neb. 827, 205 N.W. 566 (1925).
NE Code § 25-1140.08 (2021)
2021 Nebraska Revised Statutes|Chapter 25 - Courts; Civil Procedure|25-1140.08 - Bill of exceptions; boards and tribunals; filing of request; further proceedings governed by rules of court.

25-1140.08.  Bill of exceptions; boards and tribunals; filing of request; further proceedings governed by rules of court.This section shall apply to all appeals and error proceedings where specific provision is not made by law for a bill of exceptions. Any reporter approved by the officer, board, or tribunal from which the appeal or error proceeding is taken may attend and record the trial or proceedings. Upon the filing of a praecipe therefor by any party within the time allowed for filing of notice of appeal or petition in error, the reporter shall prepare a bill of exceptions. The procedure for preparation, settlement, signature, allowance, certification, filing, and amendment shall be regulated and governed by rules of practice prescribed by the Supreme Court.Source   R.S.1867, Code § 311, p. 446;   Laws 1877, § 2, p. 11;   Laws 1881, c. 27, § 2, p. 202;   Laws 1895, c. 72, § 1, p. 311;   R.S.1913, § 7880;   C.S.1922, § 8823;   Laws 1923, c. 114, § 1, p. 273;   C.S.1929, § 20-1140;   R.S.1943, § 25-1140;   Laws 1947, c. 83, § 1(9), p. 260;   Laws 1959, c. 104, § 2, p. 431. Annotations  1. Workers' Compensation Court 2. Public Service Commission 3. County board 4. County court 5. Miscellaneous 1. Workers' Compensation Court A bill of exceptions on appeal from the district court in a workmen's compensation case must be prepared, served, settled and filed in accordance with this section. Gilmore v. State, 148 Neb. 10, 26 N.W.2d 296 (1947); Ratay v. Wylie, 147 Neb. 201, 22 N.W.2d 622 (1946). 2. Public Service Commission This section does not apply to bill of exceptions on appeals from the State Railway Commission. In re Application of Moritz v. State Railway Commission, 147 Neb. 400, 23 N.W.2d 545 (1946). 3. County board A bill of exceptions may be preserved from the county court. State v. Allen, 159 Neb. 314, 66 N.W.2d 830 (1954). In case before county board, bill of exceptions must be authenticated by county clerk. Union P. R. R. Co. v. Colfax County, 84 Neb. 778, 122 N.W. 29 (1909). 4. County court Procedure in county court as to bill of exceptions is same as in justice court. Sedgwick v. Durham, 45 Neb. 86, 63 N.W. 142 (1895). In term case in county court, judge may sign bill any time during term. Osborne v. Canfield, 33 Neb. 330, 50 N.W. 167 (1891). 5. Miscellaneous Requirement of bill of exceptions is applicable to review action of State Board of Equalization. State ex rel. U. P. R. R. Co. v. State Board of Equalization & Assessment, 81 Neb. 139, 115 N.W. 789 (1908). Bill of exceptions should be obtained to review ruling of county board of equalization. Field v. Nebraska Tel. Co., 74 Neb. 419, 104 N.W. 932 (1905). Referee may certify, where trial before him; judge or clerk cannot. Disbrow & Co. v. McNish, 52 Neb. 309, 72 N.W. 216 (1897).
NE Code § 25-1141 (2021)
2021 Nebraska Revised Statutes|Chapter 25 - Courts; Civil Procedure|25-1141 - Testimony; repetition of objections unnecessary.

25-1141.  Testimony; repetition of objections unnecessary.Where an objection has once been made to the admission of testimony and overruled by the court it shall be unnecessary to repeat the same objection to further testimony of the same nature by the same witness in order to save the error, if any, in the ruling of the court whereby such testimony was received.Source   Laws 1915, c. 245, § 1, p. 566;   C.S.1922, § 8824;   C.S.1929, § 20-1141;   R.S.1943, § 25-1141. Annotations  This section does not apply to testimony given by a different witness when no objection is made to that witness' testimony. State v. Pope, 305 Neb. 912, 943 N.W.2d 294 (2020). When a criminal defendant did not object to testimony that a witness saw him with a gun resembling the gun used in a driveby shooting, this section did not apply to preserve any error for appeal, even though the defendant had objected to similar testimony from other witnesses. State v. Castillas, 285 Neb. 174, 826 N.W.2d 255 (2013). Where incompetent testimony is admitted, failure to object to substantially same incompetent testimony by another witness waives the error in admission of testimony of first witness. Shamburg v. Folkers, 187 Neb. 169, 188 N.W.2d 723 (1971). Section has no application to testimony of same nature by other witnesses. Rakes v. State, 158 Neb. 55, 62 N.W.2d 273 (1954). Where former objection was made and overruled it was unnecessary to repeat the same objection to the later testimony of the same nature by the same witness in order to save error, if any. In re House's Estate, 145 Neb. 866, 18 N.W.2d 500 (1945); Triplett v. Western Public Service Co., 129 Neb. 799, 263 N.W. 229 (1935). If the question relates to the same identical transaction or conversation, and calls for testimony of the same nature, it is not necessary that the objection be repeated to save the error in the appellate court. In re Vanicek's Estate, 145 Neb. 531, 17 N.W.2d 477 (1945). Objection to question as incompetent having been overruled, it is not necessary to repeat objection to other questions relating to the same subject. Zediker v. State, 114 Neb. 292, 207 N.W. 168 (1926); Daggett v. State, 114 Neb. 238, 206 N.W. 735 (1925). This section applies to objections made to the testimony of the same nature by the same witness and therefore does not apply to objections made to a demonstrative exhibit and/or statements made by the prosecutor during closing arguments. State v. Howard, 26 Neb. App. 628, 921 N.W.2d 869 (2018).
NE Code § 25-1144.01 (2021)
2021 Nebraska Revised Statutes|Chapter 25 - Courts; Civil Procedure|25-1144.01 - New trial; motion; when filed; filing before entry of judgment; treatment.

25-1144.01.  New trial; motion; when filed; filing before entry of judgment; treatment.A motion for a new trial shall be filed no later than ten days after the entry of the judgment. A motion for a new trial filed after the announcement of a verdict or decision but before the entry of judgment shall be treated as filed after the entry of judgment and on the day thereof.Source  Laws 2000, LB 921, § 6;  Laws 2004, LB 1207, § 3. Annotations  A motion for new trial filed after the court announced the jury verdict but before the entry of judgment is treated as filed after the entry of judgment and on the day thereof and is an effective terminating motion. Lindsay Internat. Sales & Serv. v. Wegener, 297 Neb. 788, 901 N.W.2d 278 (2017). The trial court's unsigned journal entry that was sent to both parties was the court's announcement of its decision, and thus, the defendant's motion for new trial, which was filed after the court sent the unsigned journal entry to the parties but before the court entered the marital dissolution decree, was effective under this section. Despain v. Despain, 290 Neb. 32, 858 N.W.2d 566 (2015). A motion for new trial must be filed within 10 days after an entry of judgment, which occurs when the clerk of the court places the file stamp and date upon the judgment, decree, or final order. Macke v. Pierce, 263 Neb. 868, 643 N.W.2d 673 (2002).
NE Code § 25-1146 (2021)
2021 Nebraska Revised Statutes|Chapter 25 - Courts; Civil Procedure|25-1146 - Damages.

25-1146.  Damages.Whenever damages are recoverable, the plaintiff may claim and recover any rate of damages to which he may be entitled for the cause of action established.Source   R.S.1867, Code § 319, p. 448;   R.S.1913, § 7887;   C.S.1922, § 8829;   C.S.1929, § 20-1146;   R.S.1943, § 25-1146.
NE Code § 25-1147 (2021)
2021 Nebraska Revised Statutes|Chapter 25 - Courts; Civil Procedure|25-1147 - Actions; when triable.

25-1147.  Actions; when triable.Actions shall be triable at the first term of the court after the issues therein, by the times fixed for pleading, are or should have been made up; and when by the times fixed for pleading, the issues are or should have been made up during a term, such action shall be triable at that term. When the issues are or should have been made up, either before or during a term of court, but after the period for preparing the trial docket of such term, the clerk shall place such actions on the trial docket of that term.Source   G.S.1873, c. 57, § 9, p. 713;   R.S.1913, § 7888;   C.S.1922, § 8830;   C.S.1929, § 20-1147;   R.S.1943, § 25-1147. Annotations  Failure to put case on docket does not entitle party to vacate judgment where he is not prejudiced. Shelby v. St. James Orphan Asylum, 66 Neb. 40, 92 N.W. 155 (1902). Court may pass case or set for trial on future day of term. Connell v. Chambers, 22 Neb. 302, 34 N.W. 636 (1887).