reglab/housing_qa huggingface dataset:
NE Code § 25-1245 (2021)
2021 Nebraska Revised Statutes|Chapter 25 - Courts; Civil Procedure|25-1245 - Affidavit; before whom made; attorney at law not disqualified.

25-1245.  Affidavit; before whom made; attorney at law not disqualified.An affidavit may be made in and out of this state before any person authorized to take depositions, and must be authenticated in the same way. An attorney at law who is attorney for a party in any proceedings in any court of this state shall not be disqualified as the person before whom the affidavit is made by reason of such representation.Source   R.S.1867, Code § 371, p. 455;   R.S.1913, § 7937;   C.S.1922, § 8879;   C.S.1929, § 20-1245;   R.S.1943, § 25-1245;   Laws 1965, c. 121, § 1, p. 457.  Annotations  Affidavits are not improper or excludable because notarized by one who is attorney of record. Frazier, Inc. v. 20th Century Builders, Inc., 188 Neb. 618, 198 N.W.2d 478 (1972). Affidavits verified before attorneys for state held competent after being reverified before authorized officer. Baker v. State, 112 Neb. 654, 200 N.W. 876 (1924). Attorney in case is not competent to act as notary in taking affidavit to be used on hearing. Maroosis v. Catalano, 98 Neb. 284, 152 N.W. 559 (1915); Horkey v. Kendall, 53 Neb. 522, 73 N.W. 953 (1898). Objections to use of affidavit as evidence are not required to be made in the manner provided for interposing objections to depositions. Malcom Savings Bank v. Cronin, 80 Neb. 231, 116 N.W. 150 (1908). Affidavit must have attached certificate of officer before whom taken that oath was administered. Sebesta v. Supreme Court of Honor, 77 Neb. 249, 109 N.W. 166 (1906). Affidavit taken before notary of a sister state or foreign government was properly received. Browne v. Palmer, 66 Neb. 287, 92 N.W. 315 (1902). There must be authentication by both seal and signature. Holmes v. Crooks, 56 Neb. 466, 76 N.W. 1073 (1898).
NE Code § 25-1268 (2021)
2021 Nebraska Revised Statutes|Chapter 25 - Courts; Civil Procedure|25-1268 - Discovery; delivery of copies of documents; refusal to deliver; penalty.

25-1268.  Discovery; delivery of copies of documents; refusal to deliver; penalty.Either party or his attorney, if required, shall deliver to the other party or his attorney, a copy of any deed, instrument or other writing whereon the action or defense is founded, or which he intends to offer in evidence at the trial. If the plaintiff or defendant shall refuse to furnish the copy or copies required, the party so refusing shall not be permitted to give in evidence, at the trial, the original, of which a copy has been refused. This section shall not apply to any paper a copy of which is filed with a pleading.Source   R.S.1867, Code § 395, p. 459;   R.S.1913, § 7961;   C.S.1922, § 8902;   C.S.1929, § 20-1268;   R.S.1943, § 25-1268.
NE Code § 25-1273 (2021)
2021 Nebraska Revised Statutes|Chapter 25 - Courts; Civil Procedure|25-1273 - Nonparty; discovery; subpoena; procedure.

25-1273.  Nonparty; discovery; subpoena; procedure.When the discovery rules promulgated by the Supreme Court authorize discovery from a nonparty 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.Source Laws 2001, LB 489, § 2.
NE Code § 25-1273.01 (2021)
2021 Nebraska Revised Statutes|Chapter 25 - Courts; Civil Procedure|25-1273.01 - Rules of procedure.

25-1273.01.  Rules of procedure.The Supreme Court shall promulgate rules of procedure for discovery in civil cases, which rules shall not be in conflict with laws governing such matters. Rules which provide for the admissibility of depositions shall not be considered as conflicting with the Nebraska Evidence Rules.Source   Laws 1982, LB 716, § 1;  Laws 2000, LB 921, § 8.  Cross References  Nebraska Evidence Rules, see section 27-1103.Annotations The language of this section, in combination with section 27-802, indicates a clear intention by the Legislature to create an independent avenue to admit deposition testimony. Walton v. Patil, 279 Neb. 974, 783 N.W.2d 438 (2010).
NE Code § 25-1274 (2021)
2021 Nebraska Revised Statutes|Chapter 25 - Courts; Civil Procedure|25-1274 - Legal notices; proof of publication.

25-1274.  Legal notices; proof of publication.Publications required by law to be made in a newspaper, may be proved by affidavit of any person having knowledge of the fact, specifying the time when and the paper in which the publication was made, and that said newspaper is a legal newspaper under the statutes of the State of Nebraska, but such affidavit must, for the purposes now contemplated, be made within six months after the last day of publication, in the office where the original affidavit of publication is required to be filed.Source   R.S.1867, Code § 403, p. 461;   R.S.1913, § 7967;   Laws 1922, Spec. Sess., c. 11, § 1, p. 80;   C.S.1922, § 8908;   C.S.1929, § 20-1274;   R.S.1943, § 25-1274. Annotations  Affidavit need not state particulars as to circulation of newspaper or number of weeks published prior to sale; it is sufficient if in language of this section. Seymour v. Lawson, 111 Neb. 770, 197 N.W. 623 (1924). Proof of publication must be made within six months after the last day of publication. Lonergan v. City of South Omaha, 72 Neb. 317, 100 N.W. 407 (1904). Publication affidavit is not sufficiently authenticated if it lacks signature of an officer to the jurat. Holmes v. Crooks, 56 Neb. 466, 76 N.W. 1073 (1898). Proof of publication of notice or order of sale may be made by affidavit of one who has knowledge of fact. Johnson v. Colby, 52 Neb. 327, 72 N.W. 313 (1897).
NE Code § 25-1275 (2021)
2021 Nebraska Revised Statutes|Chapter 25 - Courts; Civil Procedure|25-1275 - Legal notices; proof of posting or service.

25-1275.  Legal notices; proof of posting or service.The posting or service of any notice or other paper required by law may be proved by the affidavit of any competent witness, attached to a copy of said notice or paper, and made within six months of the time of such posting.Source   R.S.1867, Code § 404, p. 461;   R.S.1913, § 7968;   C.S.1922, § 8909;   C.S.1929, § 20-1275;   R.S.1943, § 25-1275. Annotations Proof by affidavit of posting of public notice is not exclusive. Larimer v. Wallace, 36 Neb. 444, 54 N.W. 835 (1893).
NE Code § 25-1276 (2021)
2021 Nebraska Revised Statutes|Chapter 25 - Courts; Civil Procedure|25-1276 - Other facts required to be shown by affidavit; how proved.

25-1276.  Other facts required to be shown by affidavit; how proved.Any other fact which is required to be shown by affidavit, and which may be required for future use in any action or other proceeding, may be proved by pursuing the course indicated in sections 25-1274 and 25-1275, as nearly as the circumstances of the case will admit.Source   R.S.1867, Code § 405, p. 461;   R.S.1913, § 7969;   C.S.1922, § 8910;   C.S.1929, § 20-1276;   R.S.1943, § 25-1276.
NE Code § 25-1277 (2021)
2021 Nebraska Revised Statutes|Chapter 25 - Courts; Civil Procedure|25-1277 - Legal notices and other facts provable by affidavit; perpetuation of proof.

25-1277.  Legal notices and other facts provable by affidavit; perpetuation of proof.Proof made as provided in sections 25-1274 to 25-1276, may be perpetuated and preserved for future use by filing the papers above mentioned in the office of the county judge, and the original affidavit appended to the notice or paper, if there be one, and if not the affidavit, by itself, is presumptive evidence of the facts stated therein, but does not preclude other modes of proof permitted by law.Source   R.S.1867, Code § 406, p. 461;   R.S.1913, § 7970;   C.S.1922, § 8911;   C.S.1929, § 20-1277;   R.S.1943, § 25-1277.
NE Code § 25-1278 (2021)
2021 Nebraska Revised Statutes|Chapter 25 - Courts; Civil Procedure|25-1278 - Field notes or plat of county surveyor; when admissible.

25-1278.  Field notes or plat of county surveyor; when admissible.A copy of the field notes of any county surveyor, or a plat made by him and certified under oath as correct, may be received as evidence to show the shape or dimensions of a tract of land, or any other fact whose ascertainment requires only the exercise of scientific skill or calculation.Source   R.S.1867, Code § 407, p. 461;   R.S.1913, § 7971;   C.S.1922, § 8912;   C.S.1929, § 20-1278;   R.S.1943, § 25-1278. Cross References  For other provisions for county surveyor's certificate, see section 23-1904.Annotations  Field notes of county surveyor are admissible. Worm v. Crowell, 165 Neb. 713, 87 N.W.2d 384 (1958). Field notes and plats of original surveys are presumptively correct and government field notes are admissible. Peterson v. Skjelver, 43 Neb. 663, 62 N.W. 43 (1895); Woods v. West, 40 Neb. 307, 58 N.W. 938 (1894).
NE Code § 25-1280 (2021)
2021 Nebraska Revised Statutes|Chapter 25 - Courts; Civil Procedure|25-1280 - Official records; certified copies; duty of custodian to furnish; fees.

25-1280.  Official records; certified copies; duty of custodian to furnish; fees.Every state, county or political subdivision officer having the custody of a public record or writing is bound to give any person on demand a certified copy thereof on payment of the legal fees therefor. Where fees are not otherwise expressly provided by statute, the fee shall be thirty cents per hundred words if the copy is a typewritten copy, and the cost of the mechanically reproduced copy when the copy is made by photographic or offset process. In addition thereto a fee of one dollar shall be charged for the certificate of the officer.Source   R.S.1867, Code § 409, p. 461;   R.S.1913, § 7973;   C.S.1922, § 8914;   C.S.1929, § 20-1280;   R.S.1943, § 25-1280;   Laws 1957, c. 86, § 1, p. 335;   Laws 1961, c. 454, § 1, p. 1383;   Laws 1977, LB 126, § 1.  Annotations Prison physician was not obligated to furnish inmate of penitentiary with copy of hospital record. Rhodes v. Meyer, 225 F.Supp. 80 (D. Neb. 1963).
NE Code § 25-1281 (2021)
2021 Nebraska Revised Statutes|Chapter 25 - Courts; Civil Procedure|25-1281 - Official records; photographic copies; admissibility; destruction of original records.

25-1281.  Official records; photographic copies; admissibility; destruction of original records.In all cases in which any instrument or document is required by law to be copied or recorded in any public record in any public office within the State of Nebraska, the officials having charge of the making of such records may employ the use of photographic processes for the reproduction of such instrument or document. This shall be done for the public records and shall be a true copy of the original instrument or document to be so recorded, and may likewise use any such photographic process for the making of certified copies of such public records; Provided, no such photographic processes shall be used for the making of permanent records until it shall have been demonstrated to the satisfaction of the officials having charge of such records and the State Records Administrator, that the processes to be used will produce an accurate and permanent record of the instrument or document to be recorded. Any such existing records when reproduced by such photographic processes may be destroyed by the official having charge of the same when approval is given by the State Records Administrator.Source   Laws 1911, c. 103, § 1, p. 369;   R.S.1913, § 7974;   C.S.1922, § 8915;   C.S.1929, § 20-1281;   R.S.1943, § 25-1281;   Laws 1957, c. 87, § 1, p. 336;   Laws 1969, c. 105, § 5, p. 481.  Annotations  Photostatic copies of county surveyor's records are admissible. Worm v. Crowell, 165 Neb. 713, 87 N.W.2d 384 (1958). This section does not prevent courts from admitting photographs as secondary evidence; identification of photograph by one who took it not essential; correctness may be shown by knowledge and observation of witness. Nebraska State Bank of Republican City v. Walker, 111 Neb. 203, 196 N.W. 128 (1923).
NE Code § 25-1282 (2021)
2021 Nebraska Revised Statutes|Chapter 25 - Courts; Civil Procedure|25-1282 - Official records; proof of lack of record.

25-1282.  Official records; proof of lack of record.The certificate of a public officer that he has made diligent and ineffectual search for a paper in his office is of the same efficacy in all cases as if such officer had personally appeared and sworn to such facts.Source   R.S.1867, Code § 410, p. 462;   R.S.1913, § 7975;   C.S.1922, § 8916;   C.S.1929, § 20-1282;   R.S.1943, § 25-1282. Annotations  Where public officer certifies he has been unable to find original record, secondary evidence is admissible. Clough v. North Central Gas Co., 150 Neb. 418, 34 N.W.2d 862 (1948). Nonexistence of record may be proved by anyone who has made search therefor. Smith v. First Nat. Bank of Chadron, 45 Neb. 444, 63 N.W. 796 (1895); Gutta Percha & Rubber Mfg. Co. v. Village of Ogalalla, 40 Neb. 775, 59 N.W. 513 (1894).
NE Code § 25-1283 (2021)
2021 Nebraska Revised Statutes|Chapter 25 - Courts; Civil Procedure|25-1283 - Land office receipts; effect as evidence.

25-1283.  Land office receipts; effect as evidence.The usual duplicate receipt of the receiver of any land office, or, if that be lost or destroyed, or beyond the reach of the party, the certificate of such receiver that the books of his office show the sale of a tract of land to a certain individual is proof of title equivalent to a patent against all but the holder of an actual patent.Source   R.S.1867, Code § 411, p. 462;   R.S.1913, § 7976;   C.S.1922, § 8917;   C.S.1929, § 20-1283;   R.S.1943, § 25-1283. Annotations  Holder of receiver's certificate cannot, when entry is canceled, maintain ejectment. Oldfather v. Ericson, 79 Neb. 1, 112 N.W. 356 (1907); Headley v. Coffman, 38 Neb. 68, 56 N.W. 701 (1893). Land office receipt is sufficient to protect one in possession against naked claim of superior right. Moore v. Parker, 59 Neb. 29, 80 N.W. 43 (1899); Kinney v. Degman, 12 Neb. 237, 11 N.W. 318 (1882). Receiver's receipt gives color of title to entire tract described. Draper v. Taylor, 58 Neb. 787, 79 N.W. 709 (1899). United States land officer's certificate is such color of title as to start statute of limitation running. Carroll v. Patrick, 23 Neb. 834, 37 N.W. 671 (1888).
NE Code § 25-1284 (2021)
2021 Nebraska Revised Statutes|Chapter 25 - Courts; Civil Procedure|25-1284 - Official records; signature of custodian; genuineness presumed, when.

25-1284.  Official records; signature of custodian; genuineness presumed, when.In the cases contemplated in sections 25-1280, 25-1282 and 25-1283, the signature of the officer shall be presumed to be genuine until the contrary is shown.Source   R.S.1867, Code § 412, p. 462;   R.S.1913, § 7977;   C.S.1922, § 8918;   C.S.1929, § 20-1284;   R.S.1943, § 25-1284. Annotations  Field notes and tract book were sufficiently authenticated. Worm v. Crowell, 165 Neb. 713, 87 N.W.2d 384 (1958). It is not necessary to prove signature of county clerk accompanying jurat to oath lawfully filed in his office. Merriam v. Coffee, 16 Neb. 450, 20 N.W. 389 (1884).
NE Code § 25-1285 (2021)
2021 Nebraska Revised Statutes|Chapter 25 - Courts; Civil Procedure|25-1285 - Judicial records of Nebraska and federal courts; how proved.

25-1285.  Judicial records of Nebraska and federal courts; how proved.A judicial record of this state, or of any other federal court of the United States, may be proved by producing the original or a copy thereof, certified by the clerk or the clerk's designee or the person having the legal custody thereof, authenticated by his or her seal of office, if there is one.Source   R.S.1867, Code § 413, p. 462;   R.S.1913, § 7978;   C.S.1922, § 8919;   C.S.1929, § 20-1285;   R.S.1943, § 25-1285;  Laws 2007, LB449, § 1. Annotations  A certified copy of judgment of prior conviction in any federal court or in a court of this state is sufficient proof thereof. State v. Micek, 193 Neb. 379, 227 N.W.2d 409 (1975). Judgment of justice, including copy of complaint embodied therein, was established by competent proof. Osborne v. State, 115 Neb. 65, 211 N.W. 179 (1926). Judicial record, if properly certified, is admissible to prove its own existence. Sheibley v. Fales, 81 Neb. 795, 116 N.W. 1035 (1908). Orders or judgments of court of general jurisdiction may be pleaded without alleging jurisdictional facts. Lear v. Brown County, 77 Neb. 230, 109 N.W. 174 (1906). Records of sister state may be examined to determine court's jurisdiction. Fall v. Fall, 75 Neb. 104, 106 N.W. 412 (1905), judgment vacated 75 Neb. 120, 113 N.W. 175 (1907). Transcript of proceedings, duly certified, of United States court, is competent evidence, though presiding judge failed to sign journal. Stacks v. Crawford, 63 Neb. 662, 88 N.W. 852 (1902). Recitals in judgment record kept by clerk of district court of transcript from county court are not competent to prove judgment. Burge v. Gandy, 41 Neb. 149, 59 N.W. 359 (1894).
NE Code § 25-1286 (2021)
2021 Nebraska Revised Statutes|Chapter 25 - Courts; Civil Procedure|25-1286 - Deleted.

25-1286.  Deleted.Source  Note: The Nebraska Supreme Court in State v. Munn, 212 Neb. 265, 322 N.W.2d 429 (1982), held that "the adoption of the Nebraska Rules of Evidence repealed section 25-1286". The Revisor of Statutes has pursuant to section 49-705 deleted section 25-1286 to harmonize the legislative actions with the Supreme Court decision.
NE Code § 25-1287 (2021)
2021 Nebraska Revised Statutes|Chapter 25 - Courts; Civil Procedure|25-1287 - Records of justice of the peace; how proved.

25-1287.  Records of justice of the peace; how proved.The official certificate of a justice of the peace of any of the United States, to any judgment, and the preliminary proceeding before him, supported by the official certificate of the clerk of any court of record within the county in which such justice resides, stating that he is an acting justice of the peace of that county, and that the signature of his certificate is genuine, is sufficient evidence of such proceedings and judgment.Source   R.S.1867, Code § 415, p. 462;   R.S.1913, § 7980;   C.S.1922, § 8921;   C.S.1929, § 20-1287;   R.S.1943, § 25-1287. Annotations Transcript of justice of peace of another state is receivable in evidence if it complies with this section. Gordon Bros. v. Wageman, 77 Neb. 185, 108 N.W. 1067 (1906).
NE Code § 25-1290 (2021)
2021 Nebraska Revised Statutes|Chapter 25 - Courts; Civil Procedure|25-1290 - Legislative proceedings; how proved.

25-1290.  Legislative proceedings; how proved.The proceedings of the Legislature of this state, or any state of the Union, or of the United States, or of any foreign government, are proved by the journals of those bodies, respectively, or of either branch thereof, and either by copies officially certified by the clerk of the house in which the proceedings were had, or by a copy purporting to have been printed by their order.Source   R.S.1867, Code § 418, p. 463;   R.S.1913, § 7983;   C.S.1922, § 8924;   C.S.1929, § 20-1290;   R.S.1943, § 25-1290. Annotations  Where entries in journal expressly and unequivocally contradict enrolled bill, former will prevail. State v. Burlington & Missouri River R. R. Co., 60 Neb. 741, 84 N.W. 254 (1901). If it appears from journals of Legislature that bill had not actually passed, certificate of presiding officer is overthrown and bill is invalid. Webster v. City of Hastings, 56 Neb. 669, 77 N.W. 127 (1898).
NE Code § 25-1292 (2021)
2021 Nebraska Revised Statutes|Chapter 25 - Courts; Civil Procedure|25-1292 - Abstracts of title and title insurance policy; when used as evidence; certification.

25-1292.  Abstracts of title and title insurance policy; when used as evidence; certification.(1) Any party to a civil action who may desire to use in evidence at the trial any abstract of title to real estate shall, not less than seven days prior to the date of trial, notify the adverse party by written notice addressed to such party's counsel of record and deposit such abstract in the office of the clerk of the district court of the county in which such action is pending for examination by such adverse party. Such abstract of title, if certified to and issued by a registered abstracter, shall be received in evidence as prima facie evidence of the existence of the record of deeds, mortgages, and other instruments, conveyances, or liens affecting the real estate mentioned in such abstract and that such record is as described in such abstract. If such abstract is successively certified to by abstracters who were bonded under section 76-506 prior to November 18, 1965, registered under sections 76-509 to 76-528 on or after November 18, 1965, but prior to March 26, 1985, or registered under the Abstracters Act, the same shall be received in evidence without further foundation.(2) A title insurance policy issued by a title insurer licensed to issue such policy by the State of Nebraska shall also be received in court as prima facie evidence of the ownership, liens, mortgages, easements, and all other corporeal as well as incorporeal hereditaments to such real estate, the existence of which are indicated in such title insurance policy.Source   Laws 1887, c. 64, § 3, p. 566;   R.S.1913, § 7985;   C.S.1922, § 8926;   C.S.1929, § 20-1292;   R.S.1943, § 25-1292;   Laws 1965, c. 453, § 21, p. 1446;   Laws 1985, LB 47, § 1;   Laws 1991, LB 235, § 1.  Cross References  Abstracters Act, see section 76-535.Annotations Abstracts of title, when proper foundation has been laid, are admissible in evidence. Worm v. Crowell, 165 Neb. 713, 87 N.W.2d 384 (1958).
NE Code § 25-1293 (2021)
2021 Nebraska Revised Statutes|Chapter 25 - Courts; Civil Procedure|25-1293 - Public seal affixed to copy of written law or public writing; effect; unwritten law; how proved.

25-1293.  Public seal affixed to copy of written law or public writing; effect; unwritten law; how proved.The public seal of the state or county affixed to a copy of a written law or other public writing, is also admissible as evidence of such law or writing respectively; the unwritten law of any other state or government may be proved as fact by parol evidence, and also by the books of reports of cases adjudged in their courts.Source   R.S.1867, Code § 420, p. 463;   R.S.1913, § 7986;   C.S.1922, § 8927;   C.S.1929, § 20-1293;   R.S.1943, § 25-1293. Annotations  Where no evidence was given as to marriage laws of sister state where common law marriage was alleged to have occurred, law of this state at time marriage was alleged to have taken place was applicable. Forshay v. Johnston, 144 Neb. 525, 13 N.W.2d 873 (1944). This section provides a method for proof of unwritten law of foreign states by parol evidence or reports of adjudicated cases. Banks v. Metropolitan Life Ins. Co., 142 Neb. 823, 8 N.W.2d 185 (1943). Common law of sister state may be proved by books of reports of decisions of her courts. Steinke v. Dobson, 90 Neb. 616, 134 N.W. 169 (1912). Public seal of another state, affixed to copy of written law, is admissible as evidence of such law. Rieck v. Griffin, 74 Neb. 102, 103 N.W. 1061 (1905). Except as to statute, law of another state is proper subject of expert testimony. Barber v. Hildebrand, 42 Neb. 400, 60 N.W. 594 (1894).