reglab/housing_qa huggingface dataset:
NE Code § 25-201.02 (2021)
2021 Nebraska Revised Statutes|Chapter 25 - Courts; Civil Procedure|25-201.02 - Amendment of pleading; effect.

25-201.02.  Amendment of pleading; effect.(1) An amendment of a pleading that does not change the party or the name of the party against whom the claim is asserted relates back to the date of the original pleading if the claim or defense asserted in the amended pleading arose out of the conduct, transaction, or occurrence set forth or attempted to be set forth in the original pleading.(2) If the amendment changes the party or the name of the party against whom a claim is asserted, the amendment relates back to the date of the original pleading if (a) the claim or defense asserted in the amended pleading arose out of the conduct, transaction, or occurrence set forth or attempted to be set forth in the original pleading, and (b) within the period provided for commencing an action the party against whom the claim is asserted by the amended pleading (i) received notice of the action such that the party will not be prejudiced in maintaining a defense on the merits and (ii) knew or should have known that, but for a mistake concerning the identity of the proper party, the action would have been brought against the party.Source Laws 2002, LB 876, § 2. Annotations  Subsection (2) of this section applies only to an amendment that “changes the party or the name of the party” and that refers to a substitution, rather than to an addition, of parties. Gibbs Cattle Co. v. Bixler, 285 Neb. 952, 831 N.W.2d 696 (2013). Amended pleading to identify intended defendant and to plead that intended defendant had constructive notice of lawsuit would not relate back to original complaint which was served on defendant's father who bore same name, for purposes of 4-year limitations period; name of defendant was same in both original and proposed amended complaint, and thus, there was nothing to amend, and summary judgment evidence indicated that intended defendant did not know about lawsuit before limitations period expired. Rudd v. Debora, 20 Neb. App. 850, 835 N.W.2d 765 (2013). This section eliminates the 6-month grace period from the time in which a substituted defendant could have acquired notice of the suit; therefore, the substituted defendant must have had notice before the statute of limitations ran. Kotlarz v. Olson Bros., Inc., 16 Neb. App. 1, 740 N.W.2d 807 (2007).
NE Code § 25-203 (2021)
2021 Nebraska Revised Statutes|Chapter 25 - Courts; Civil Procedure|25-203 - Actions for forcible entry and detainer of real property.

25-203.  Actions for forcible entry and detainer of real property.An action for the forcible entry and detainer, or forcible detainer only, of real property, can only be brought within one year after the cause of such action shall have accrued.Source   R.S.1867, Code § 8, p. 395;   R.S.1913, § 7565;   C.S.1922, § 8508;   C.S.1929, § 20-203;   R.S.1943, § 25-203. Annotations  Where tenancy by sufferance is terminated by statutory three-day notice, cause of action for forcible detainer accrues and statute runs from service of notice. Federal Trust Co. v. Overlander, 118 Neb. 167, 223 N.W. 797 (1929); Clark v. Tukey Land Co., 75 Neb. 326, 106 N.W. 328 (1905). When the right to bring an action of forcible entry and detention is barred as against the grantor, so likewise it is against the grantee. Weatherford v. Union Pacific R. Co., 74 Neb. 229, 104 N.W. 183 (1905).
NE Code § 25-204 (2021)
2021 Nebraska Revised Statutes|Chapter 25 - Courts; Civil Procedure|25-204 - Actions other than for the recovery of real property.

25-204.  Actions other than for the recovery of real property.Civil actions, other than for the recovery of real property, can only be brought within the following periods, after the cause of action shall have accrued.Source   R.S.1867, Code § 9, p. 395;   R.S.1913, § 7566;   C.S.1922, § 8509;   C.S.1929, § 20-204;   R.S.1943, § 25-204. Annotations  Cause of action to establish right to pension accrued at time fireman was totally and permanently disabled. Barney v. City of Lincoln, 144 Neb. 537, 13 N.W.2d 870 (1944). Cause of action "accrued" when buyer acknowledged and promised to pay balance. W. T. Rawleigh Co. v. Smith, 142 Neb. 527, 7 N.W.2d 80 (1942). Action by a husband for damages on account of assault and battery committed on wife must be brought within one year after cause of action occurred. Markel v. Glassmeyer, 137 Neb. 243, 288 N.W. 821 (1939). The defense of statute of limitations is personal privilege of debtor, and can only be made by persons standing in his place. Neill v. Burke, 81 Neb. 125, 115 N.W. 321 (1908). When not apparent on face of petition that action is barred, statute must be pleaded as a defense, or it is waived. Hanna v. Emerson, 45 Neb. 708, 64 N.W. 229 (1895). Time may be extended by part payment or written acknowledgment. Lee, Fried & Co. v. Brugmann, 37 Neb. 232, 55 N.W. 1053 (1893); Rolfe v. Pilloud, 16 Neb. 21, 19 N.W. 615 (1884). Promise by one joint debtor will not toll statute as to other joint debtors. Mayberry v. Willoughby, 5 Neb. 368 (1877). Under this and other statutes of limitations suit against employer to enforce agreement made in 1893 to deliver corporate stock was barred, in view of lapse of time, change in value, and repudiation of trust. Reed v. Fairmont Creamery Co., 37 F.2d 332 (8th Cir. 1929).
NE Code § 25-210 (2021)
2021 Nebraska Revised Statutes|Chapter 25 - Courts; Civil Procedure|25-210 - Actions against sureties on guardian's bond.

25-210.  Actions against sureties on guardian's bond.No action shall be maintained against the sureties in any bond given by a guardian unless it be commenced within four years from the time when the guardian shall have been discharged; Provided, if at the time of such discharge the person entitled to bring such action shall be out of the state, or under any legal disability to sue, the action may be commenced at any time within five years after the return of such person to the state, or after such disability shall be removed.Source   R.S.1867, Code § 32, p. 185;   R.S.1913, § 7572;   C.S.1922, § 8515;   C.S.1929, § 20-210;   R.S.1943, § 25-210. Annotations  The limitation herein does not begin to run until the guardian has obtained approval of his final account and been discharged by probate court. Sherwood v. Merchants Mut. Bonding Co., 193 Neb. 262, 226 N.W.2d 761 (1975). As to sureties on guardian's bond, statute of limitations begins to run from date guardian was discharged and not from time when cause of action accrued upon final settlement. Medow v. Riggert, 132 Neb. 429, 272 N.W. 238 (1937). Guardian is "discharged," within meaning of this section, when ward dies. Hughes v. Langdon, 111 Neb. 508, 196 N.W. 915 (1924). Action on guardian's bond accrues to ward when amount is ascertained by county court on final settlement. Bisbee v. Gleason, 21 Neb. 534, 32 N.W. 578 (1887).
NE Code § 25-211 (2021)
2021 Nebraska Revised Statutes|Chapter 25 - Courts; Civil Procedure|25-211 - Actions on contracts by reason of failure or want of consideration.

25-211.  Actions on contracts by reason of failure or want of consideration.Actions brought for damages growing out of the failure or want of consideration of contracts, express or implied, or for the recovery of money paid upon contracts, express or implied, the consideration of which has wholly or in part failed, shall be brought within four years.Source   R.S.1867, Code § 15, p. 396;   R.S.1913, § 7573;   C.S.1922, § 8516;   C.S.1929, § 20-211;   R.S.1943, § 25-211. Annotations  Statute of limitations will commence to run against the obligation evidenced by a warrant not entitled to registration from the date of last payment upon it. Pollock v. Consolidated School District No. 65 of Perkins County, 138 Neb. 315, 293 N.W. 108 (1940). Statute of limitations on implied obligation to repay money borrowed by issuance of void warrant, where payments have been made thereon, commences to run on date of last payment. Nebraska State Bank Liquidation Association v. Village of Burton, 134 Neb. 623, 279 N.W. 319 (1938). Contract sued on herein is not barred when commenced within four years from time of death of the father. Macfarland v. Callahan, 102 Neb. 54, 165 N.W. 889 (1917). Action to recover on an implied assumpsit is barred in four years. Markey v. School Dist. No. 18 of Sheridan County, 58 Neb. 479, 78 N.W. 932 (1899).
NE Code § 25-218 (2021)
2021 Nebraska Revised Statutes|Chapter 25 - Courts; Civil Procedure|25-218 - Claims by and against the state; when barred.

25-218.  Claims by and against the state; when barred.Every claim and demand against the state shall be forever barred unless action is brought thereon within two years after the claim arose. Every claim and demand on behalf of the state, except for revenue, or upon official bonds, or for loans or money belonging to the school funds, or loans of school or other trust funds, or to lands or interest in lands thereto belonging, shall be barred by the same lapse of time as is provided by the law in case of like demands between private parties. This section shall not apply to any claim or demand against the state regarding property taxes.Source   Laws 1877, § 16, p. 24;   Laws 1881, c. 32, § 1, p. 211;   R.S.1913, § 7581;   C.S.1922, § 8524;   C.S.1929, § 20-218;   R.S.1943, § 25-218;   Laws 1991, LB 829, § 3.  Annotations  The time limitations provided for in section 25-206 and this section do not infringe upon the Department of Labor's ability to collect an overpayment by setoff under section 48-665. McCoy v. Albin, 298 Neb. 297, 903 N.W.2d 902 (2017). Inverse condemnation actions against the State must be commenced 2 years from the time of taking or damaging. Hike v. State, 297 Neb. 212, 899 N.W.2d 614 (2017). Section 25-202 is a general statute of limitations that must yield to the more specific limitation provided in this section regarding inverse condemnation actions brought against the State. Hike v. State, 297 Neb. 212, 899 N.W.2d 614 (2017). The state may raise the bar of the statute of limitations by a motion to dismiss filed with the administrative agency charged with determining the state's liability for payment on a contract claim. L.J. Vontz Constr. Co. v. Department of Roads, 232 Neb. 241, 440 N.W.2d 664 (1989). This section applies to actions for money damage but not to actions for injunctive relief. Czarnick v. Loup River P.P. Dist., 190 Neb. 521, 209 N.W.2d 595 (1973). Recovery by county for maintenance of insane patient in state hospital is not a claim for revenue. County of Adams v. Ernst, 158 Neb. 15, 62 N.W.2d 110 (1954). Suit against state for taking or damaging private property for public use must be commenced two years from the time of taking or damaging. Bordy v. State, 142 Neb. 714, 7 N.W.2d 632 (1943). All parties whose rights would be affected by modification or reversal of judgment must be made parties on appeal to Supreme Court. Donisthorpe v. Vavra, 134 Neb. 157, 278 N.W. 151 (1938). Statute does not apply to action by state to recover revenue from county. Torgeson v. Department of Trade and Commerce, 127 Neb. 49, 254 N.W. 740 (1934). Money levied and collected by county authorities to cover support of insane patients in state hospital, although transferred to county general fund, may be recovered in action by the state, without filing claim; statute of limitations is not applicable. State v. Stanton County, 100 Neb. 747, 161 N.W. 264 (1917).
NE Code § 25-219 (2021)
2021 Nebraska Revised Statutes|Chapter 25 - Courts; Civil Procedure|25-219 - Actions upon liability created by federal statute.

25-219.  Actions upon liability created by federal statute.All actions upon a liability created by a federal statute, other than a forfeiture or penalty, for which actions no period of limitations is provided in such statute shall be commenced within three years next after the cause of action shall have accrued.Source   Laws 1943, c. 49, § 1, p. 200;   R.S.1943, § 25-219. Annotations  Claim for reimbursement from estate of recipient of old age assistance did not accrue until death of recipient. Boone County Old Age Assistance Board v. Myhre, 149 Neb. 669, 32 N.W.2d 262 (1948). This section was applicable to federal civil rights claim of former guidance counselor in action against school district on allegations dismissal was due to his race and his exercise of First Amendment rights. Chambers v. Omaha Public School Dist., 536 F.2d 222 (8th Cir. 1976). Summons issued before time allowed by statute of limitations has expired will give court jurisdiction even though served after time has expired. Sandobal v. Armour & Co., 429 F.2d 249 (8th Cir. 1970). Under former law, section 43-666, R.R.S.1943, is not sufficiently analogous to 20 U.S.C. section 1415 for its statute of limitation to apply to actions under that federal statute. However, the statute of limitations under either section 25-212 or 25-219, R.R.S.1943, appears to be more appropriate. Monahan v. State of Neb., 491 F.Supp. 1074 (D. Neb. 1980). The statute of limitation for commencement of suits under the federal civil rights act, which guarantees equal rights under the law, is the three-year statute of limitation set by this section. Metcalf v. Omaha Steel Casting Co., 476 F.Supp. 870 (D. Neb. 1979).
NE Code § 25-221 (2021)
2021 Nebraska Revised Statutes|Chapter 25 - Courts; Civil Procedure|25-221 - Statute of limitations; trial procedure.

25-221.  Statute of limitations; trial procedure.In any action in which it is claimed by one or more of the defendants that the action is barred by the statute of limitations any party may move that the issue raised by the statute of limitations be tried separately and determined before any other issues in the case. Issues of fact raised by the statute of limitations shall be tried before a jury unless trial by jury is waived by all parties. Issues of law raised by the statute of limitations shall be determined by the court without a jury. If the issue raised by the statute of limitations is determined by the jury or the court in favor of the plaintiff the remaining issues shall then be tried. If the issue raised by the statute of limitations is determined by the jury or the court in favor of the defendant the action or actions barred by the statute of limitations shall be dismissed.Source   Laws 1971, LB 430, § 1;   Laws 1997, LB 165, § 1.  Annotations  The Legislature has the right to decide the terms under which it will waive its sovereign and governmental immunity for tort actions against the State or its political subdivisions. Because a jury trial is not one of the terms of the State’s waiver of governmental immunity under the Political Subdivisions Tort Claims Act, a party is not entitled to a jury trial on its claim that a defendant is not a political subdivision employee, even if that fact determines whether the statute of limitations on a plaintiff’s claim has expired. Jacobson v. Shresta, 288 Neb. 615, 849 N.W.2d 515 (2014). The plain language of this section states that a jury trial on the statute of limitations issue is required only when issues of fact are raised; issues of law are to be determined by the court without a jury. If there are only conclusions of law asserted on the statute of limitations issue, a separate hearing to address the statute of limitations issue is not required under this section. Blankenau v. Landess, 261 Neb. 906, 626 N.W.2d 588 (2001). This section provides for preliminary rulings by the court on statute of limitations questions. Gillam v. Firestone Tire & Rubber Co., 241 Neb. 414, 489 N.W.2d 289 (1992). The special bifurcation of a trial pursuant to this section does not create a separate judgment when the trial court determines the action is not barred by the statute of limitations. Interlocutory orders may be modified at subsequent terms provided the court still has not rendered a final decision in matters still pending. City of Wood River v. Geer-Melkus Constr. Co., 233 Neb. 179, 444 N.W.2d 305 (1989). An order denying a plea of the statute of limitations after a separate hearing on that issue is not appealable. Wulf v. Farm Bureau Ins. Co., 188 Neb. 258, 196 N.W.2d 164 (1972). Where claim that action is barred by the statute of limitations is raised by motion to try that issue separately, the court shall determine it before trying other issues in the case. Mattice v. Messer, 493 F.2d 498 (8th Cir. 1974).
NE Code § 25-226 (2021)
2021 Nebraska Revised Statutes|Chapter 25 - Courts; Civil Procedure|25-226 - Cause of action against a common carrier; limitation.

25-226.  Cause of action against a common carrier; limitation.A cause of action for a freight damage claim, a rate overcharge, a claim for damages resulting from a delay in transportation, or a claim for a lost shipment against a common carrier shall be barred unless it is filed with a court having jurisdiction of the amount in dispute within two years after the date such action accrues. A cause of action for a rate overcharge accrues on the date the overcharge is paid. A cause of action for a freight damage claim, damages resulting from a delay in transportation, or a shortage in a shipment accrues on the date of delivery or tender of delivery of the freight by the common carrier. A cause of action for a lost shipment accrues on the date the lost shipment was delivered to the common carrier.Source   Laws 1967, c. 479, § 20, p. 1485;   R.S.1943, (1990), § 75-802;   Laws 1991, LB 14, § 1.
NE Code § 25-228 (2021)
2021 Nebraska Revised Statutes|Chapter 25 - Courts; Civil Procedure|25-228 - Action by victim of sexual assault of a child; when.

25-228.  Action by victim of sexual assault of a child; when.(1) Notwithstanding any other provision of law:(a) There shall not be any time limitation for an action against the individual or individuals directly causing an injury or injuries suffered by a plaintiff when the plaintiff was a victim of a violation of section 28-319.01 or 28-320.01 if such violation occurred (i) on or after August 24, 2017, or (ii) prior to August 24, 2017, if such action was not previously time barred; and(b) An action against any person or entity other than the individual directly causing an injury or injuries suffered by a plaintiff when the plaintiff was a victim of a violation of section 28-319.01 or 28-320.01 may only be brought within twelve years after the plaintiff's twenty-first birthday.(2) Criminal prosecution of a defendant under section 28-319.01 or 28-320.01 is not required to maintain a civil action for violation of such sections.Source  Laws 2012, LB612, § 1;  Laws 2017, LB300, § 1.  Annotations This section does not apply to an action that was already barred under the existing statutes of limitations at the time this section was enacted in 2012. Doe v. McCoy, 297 Neb. 321, 899 N.W.2d 899 (2017).
NE Code § 25-229 (2021)
2021 Nebraska Revised Statutes|Chapter 25 - Courts; Civil Procedure|25-229 - Action against real estate licensee; when.

25-229.  Action against real estate licensee; when.(1) For purposes of this section, real estate licensee means a broker or salesperson who is licensed under the Nebraska Real Estate License Act.(2) Any action to recover damages based on any act or omission of a real estate licensee relating to real estate brokerage services shall be commenced within two years after whichever of the following occurs first with respect to such brokerage services: (a) A transaction is completed or closed; (b) an agency agreement is terminated; or (c) an unconsummated transaction is terminated or expires. Such two-year period shall not be reduced by agreement and shall not apply to disciplinary actions initiated by the State Real Estate Commission.(3) If the cause of action described in subsection (2) of this section is not discovered and could not be reasonably discovered within the two-year period described in such subsection, then the action may be commenced within one year from the date of such discovery or from the date of discovery of facts which would reasonably lead to such discovery, whichever is earlier, except that in no event may any such action be commenced more than ten years after the date of rendering or failing to render the brokerage services which provide the basis for the cause of action.Source Laws 2017, LB257, § 1. Cross References  Nebraska Real Estate License Act, see section 81-885.Annotations A parent in a juvenile action does not need to follow the intervention procedures set forth in this section and sections 25-328 and 25-330 in order to participate in juvenile proceedings involving the parent's child. In re Interest of Sloane O., 291 Neb. 892, 870 N.W.2d 110 (2015).
NE Code § 25-302 (2021)
2021 Nebraska Revised Statutes|Chapter 25 - Courts; Civil Procedure|25-302 - Assignee of a thing in action.

25-302.  Assignee of a thing in action.The assignee of a thing in action may maintain an action thereon in the assignee's own name and behalf, without the name of the assignor.Source   R.S.1867, Code § 30, p. 398;   R.S.1913, § 7583;   C.S.1922, § 8526;   C.S.1929, § 20-302;   R.S.1943, § 25-302;  Laws 2006, LB 1115, § 9.  Annotations  1. Assignee may bring action in own name 2. Miscellaneous 1. Assignee may bring action in own name An assignee of a chose in action may maintain an action thereon in the assignee's own name when the assignment being sued upon is in writing. Hawley v. Skradski, 304 Neb. 488, 935 N.W.2d 212 (2019). A party who has in fact become the owner of a chose in action by assignment may bring action thereon in his own name without naming the assignor. Archer v. Musick, 147 Neb. 344, 23 N.W.2d 323 (1946). One furnishing labor or supplies to highway contractor may sue in his own name on surety bond as made for his benefit. West v. Detroit Fidelity & Surety Co., 118 Neb. 544, 225 N.W. 673 (1929). Assignee may maintain action in own name to recover funds due from school district to building contractor. Stansberry Lumber Co. v. School Dist. of McCook, 94 Neb. 24, 142 N.W. 302 (1913). An attorney to whom claims are unconditionally assigned may sue in his own name. Huddleson v. Polk, 70 Neb. 483, 97 N.W. 624 (1903). Assignee of nonnegotiable promissory note may maintain an action thereon in his own name. Barry v. Wachosky, 57 Neb. 534, 77 N.W. 1080 (1899). The assignee of a chose in action is the proper and only party who can maintain a suit thereon. Crum v. Stanley, 55 Neb. 351, 75 N.W. 851 (1898); Mills v. Murry, 1 Neb. 327 (1871). A contract of guaranty is assignable, and the assignee may maintain an action thereon in his own name. Weir v. Anthony, 35 Neb. 396, 53 N.W. 206 (1892). A mechanic's lien is assignable, and the assignee can maintain an action to foreclose the lien in his own name. Rogers v. Omaha Hotel Co., 4 Neb. 54 (1875). 2. Miscellaneous A written assignment must be proved by a preponderance of the evidence. Hawley v. Skradski, 304 Neb. 488, 935 N.W.2d 212 (2019). Assignment of a negotiable instrument may be made on a separate sheet of paper, but transferee is not protected against defenses which might be shown against payee. Plattsmouth State Bank v. Redding, 128 Neb. 268, 258 N.W. 661 (1935). A claim for earned official salary against county may be assigned, and such assignment is binding on county when county board is advised of such assignment. Woods v. Brown County, 125 Neb. 692, 251 N.W. 839 (1933).