reglab/housing_qa huggingface dataset:
NE Code § 25-2204 (2021)
2021 Nebraska Revised Statutes|Chapter 25 - Courts; Civil Procedure|25-2204 - Clerks of courts; writs and orders; issuance; praecipes.

25-2204.  Clerks of courts; writs and orders; issuance; praecipes.All writs and orders for provisional remedies and process of every kind, shall be issued by the clerks of the several courts. Before they shall be issued a praecipe shall be filed with the clerk, demanding the same; which praecipe shall be for the direction of the clerk, and not material to the papers in the case after the issuing of such writ or process.Source   R.S.1867, Code § 883, p. 547;   R.S.1913, § 8552;   C.S.1922, § 9503;   C.S.1929, § 20-2204;   R.S.1943, § 25-2204. Annotations  In compensation case, where claimant filed notice of appeal with compensation commissioner and filed petition on appeal in district court, right of review attached, it became duty of clerk to issue summons without praecipe being filed. McIntosh v. Standard Oil Co., 121 Neb. 92, 236 N.W. 152 (1931). Writ of mandamus issued by judge is void. State ex rel. Hansen v. Carrico, 86 Neb. 448, 125 N.W. 1110 (1910). Clerk of district court may issue writ of commitment after sentence without special directions by court or judge. Rhodes v. Meyer, 225 F.Supp. 80 (D. Neb. 1963).
NE Code § 25-2205 (2021)
2021 Nebraska Revised Statutes|Chapter 25 - Courts; Civil Procedure|25-2205 - Case file and record; preservation.

25-2205.  Case file and record; preservation.The clerk of each of the courts shall maintain and preserve a case file and a record of all documents delivered to him or her for that purpose in every action or special proceeding. Retention and disposition of the records shall be determined by the State Records Administrator pursuant to the Records Management Act.Source   R.S.1867, Code § 884, p. 547;   R.S.1913, § 8553;   C.S.1922, § 9504;   C.S.1929, § 20-2205;   R.S.1943, § 25-2205;  Laws 2018, LB193, § 36.  Cross References  Records Management Act, see section 84-1220.Annotations  Papers are filed in office of clerk of district court only when deposited with the proper officer in his office and received by him in his official capacity. Jolliffe v. City of North Platte, 139 Neb. 431, 297 N.W. 666 (1941). This section requires the clerk of the trial court to file all documents delivered to him or her for that purpose. State v. Muse, 15 Neb. App. 13, 721 N.W.2d 661 (2006).
NE Code § 25-2206 (2021)
2021 Nebraska Revised Statutes|Chapter 25 - Courts; Civil Procedure|25-2206 - Papers; endorsement.

25-2206.  Papers; endorsement.The clerk of the court shall endorse upon every paper filed with him, the day of filing it; and upon every order for a provisional remedy, and upon every undertaking given under the same, the day of its return to his office.Source   R.S.1867, Code § 885, p. 547;   R.S.1913, § 8554;   C.S.1922, § 9505;   C.S.1929, § 20-2206;   R.S.1943, § 25-2206. Annotations This section requires the clerk of the trial court to endorse the day of filing upon any document delivered to him or her for that purpose. State v. Muse, 15 Neb. App. 13, 721 N.W.2d 661 (2006).
NE Code § 25-2207 (2021)
2021 Nebraska Revised Statutes|Chapter 25 - Courts; Civil Procedure|25-2207 - Record of service of summons; entry as evidence.

25-2207.  Record of service of summons; entry as evidence.The clerk of the court shall, upon the return of every summons served, enter upon the record the name of the defendant or defendants summoned and the day of the service upon each one. The entry shall be evidence of the service of the summons in case of the loss thereof.Source   R.S.1867, Code § 886, p. 548;   R.S.1913, § 8555;   C.S.1922, § 9506;   C.S.1929, § 20-2207;   R.S.1943, § 25-2207;  Laws 2018, LB193, § 37.
NE Code § 25-2208 (2021)
2021 Nebraska Revised Statutes|Chapter 25 - Courts; Civil Procedure|25-2208 - Judicial records; duty to keep.

25-2208.  Judicial records; duty to keep.The clerk of the court shall keep the records, books and papers appertaining to the court, and record its proceedings.Source   R.S.1867, Code § 887, p. 548;   R.S.1913, § 8556;   C.S.1922, § 9507;   C.S.1929, § 20-2208;   R.S.1943, § 25-2208. Annotations  Section is mandatory and clerk must make complete record, though fees and costs not tendered. State v. Several Parcels of Land, 82 Neb. 51, 117 N.W. 450 (1908). Clerk is liable to county for expense of replacing books lost through his negligence. Toncray v. Dodge County, 33 Neb. 802, 51 N.W. 235 (1892).
NE Code § 25-2209 (2021)
2021 Nebraska Revised Statutes|Chapter 25 - Courts; Civil Procedure|25-2209 - Clerk of district court; required records enumerated.

25-2209.  Clerk of district court; required records enumerated.(1) The clerk of the district court shall keep records, to be maintained on the court's electronic case management system, called the register of actions, the trial docket, the judge's docket notes, the financial record, the general index, the judgment index, and the case file. Retention and disposition of the records shall be determined by the State Records Administrator pursuant to the Records Management Act.(2) The case file, numbered in chronological order, shall contain the complaint or petition and subsequent pleadings in the case file. The case file may be maintained as an electronic document through the court's electronic case management system, on microfilm, or in a paper volume and disposed of when determined by the State Records Administrator pursuant to the Records Management Act.(3) For purposes of this section:(a) Financial record means the financial accounting of the court, including the recording of all money receipted and disbursed by the court and the receipts and disbursements of all money held as an investment;(b) General index means the alphabetical listing of the names of the parties to the suit, both direct and inverse, with the case number where all proceedings in such action may be found;(c) Judge's docket notes means the notations of the judge detailing the actions in a court proceeding and the entering of orders and judgments;(d) Judgment index means the alphabetical listing of all judgment debtors and judgment creditors;(e) Register of actions means the official court record and summary of the case; and(f) Trial docket means a list of pending cases as provided in section 25-2211.Source   R.S.1867, Code § 321, p. 448;   G.S.1873, c. 57, § 321, p. 579;   R.S.1913, § 8557;   C.S.1922, § 9508;   C.S.1929, § 20-2209;   R.S.1943, § 25-2209;   Laws 1971, LB 128, § 1;   Laws 1992, LB 1059, § 13;  Laws 2011, LB17, § 4;  Laws 2018, LB193, § 38.  Cross References  Records Management Act, see section 84-1220.Annotations  Appearance docket is required to be kept by clerk of district court. Solomon v. A. W. Farney, Inc., 136 Neb. 338, 286 N.W. 254 (1939). Failure of court in decree of confirmation to direct clerk to make entry on journal that court is satisfied of legality of such sale is not prejudicial where clerk had, in fact, made such entry. Erwin v. Brunke, 133 Neb. 745, 277 N.W. 48 (1938). Satisfaction of judgment entered on appearance docket is not such as contemplated by law. Knaak v. Brown, 115 Neb. 260, 212 N.W. 431 (1927). Court may order that paid judgment be canceled of record. Manker v. Sine, 47 Neb. 736, 66 N.W. 840 (1896).
NE Code § 25-2211 (2021)
2021 Nebraska Revised Statutes|Chapter 25 - Courts; Civil Procedure|25-2211 - Trial docket.

25-2211.  Trial docket.The trial docket shall be available for the court on the first day of each month setting forth each case pending in the order of filing of the complaint to be called for trial. For the purpose of arranging the trial docket, an issue shall be considered as made up when either party is in default of a pleading. If the defendant fails to answer, the cause for the purpose of this section shall be deemed to be at issue upon questions of fact, but in every such case the plaintiff may move for and take such judgment as he or she is entitled to, on the defendant's default, on or after the day on which the action is set for trial. No witnesses shall be subpoenaed in any case while the cause stands upon issue of law. Whenever the court regards the answer in any case as frivolous and put in for delay only, no leave to answer or reply shall be given unless upon payment of all costs then accrued in the action. When the number of actions filed exceeds three hundred, the judge or judges of the district court for the county may, by rule or order, classify them in such manner as they may deem expedient and cause them to be placed according to such classifications upon different trial dockets and the respective trial dockets may be proceeded with and causes thereon tried, heard, or otherwise disposed of, concurrently by one or more of the judges. Provision may be made by rule of court that issues of fact shall not be for trial at any term when the number of pending actions exceeds three hundred, except upon such previous notice of trial as may be prescribed thereby.Source   R.S.1867, Code § 323, p. 448;   Laws 1887, c. 94, § 1, p. 647;   Laws 1899, c. 83, § 1, p. 338;   R.S.1913, § 8559;   C.S.1922, § 9510;   C.S.1929, § 20-2211;   R.S.1943, § 25-2211;   Laws 1951, c. 74, § 2(1), p. 230;  Laws 2002, LB 876, § 54;  Laws 2018, LB193, § 39.  Annotations  Demurrer ore tenus is recognized as permissible practice. Dickinson v. Lawson, 125 Neb. 646, 251 N.W. 656 (1933). Assignment of cases for trial at beginning of term is only provisional, and may be advanced by continuance of preceding cases. Poggensee v. Feddern, 75 Neb. 584, 106 N.W. 654 (1906). It is not essential to trial that case appear on docket. Shelby v. St. James Orphan Asylum, 66 Neb. 40, 92 N.W. 155 (1902). County judge must make docket of term cases on first day of term. Bond v. Wycoff, 42 Neb. 214, 60 N.W. 564 (1894).
NE Code § 25-2213 (2021)
2021 Nebraska Revised Statutes|Chapter 25 - Courts; Civil Procedure|25-2213 - Clerks of courts of record other than district courts; duties.

25-2213.  Clerks of courts of record other than district courts; duties.The provisions of sections 25-2204 to 25-2211 shall, as far as applicable, apply to clerks of other courts of record.Source   R.S.1867, Code § 888, p. 548;   R.S.1913, § 8562;   C.S.1922, § 9513;   C.S.1929, § 20-2214;   R.S.1943, § 25-2213;   Laws 1992, LB 1059, § 14;  Laws 2018, LB193, § 40.
NE Code § 25-2214 (2021)
2021 Nebraska Revised Statutes|Chapter 25 - Courts; Civil Procedure|25-2214 - Clerks of courts; general powers and duties.

25-2214.  Clerks of courts; general powers and duties.The clerk of each of the courts shall exercise the powers and perform the duties conferred and imposed upon him by other provisions of this code, by other statutes and by the common law. In the performance of his duties he shall be under the direction of his court. It shall be the duty of the clerk of each of said courts to prepare and file the annual inventory statement with the county board of his county of all county personal property in his custody or possession, as provided in sections 23-346 to 23-350.Source   R.S.1867, Code § 889, p. 548;   R.S.1913, § 8563;   C.S.1922, § 9514;   C.S.1929, § 20-2215;   Laws 1939, c. 28, § 21, p. 159;   C.S.Supp.,1941, § 20-2215;   R.S.1943, § 25-2214. Annotations  Although the appellate court's mandate did not state that buyout payments were to be made to the clerk of the district court, the district court had authority to make such an order, because the proper place to pay a judgment is the clerk of the court in which the judgment is obtained. Robertson v. Jacobs Cattle Co., 292 Neb. 195, 874 N.W.2d 1 (2015). Although the clerk of the district court is authorized to spread upon the court journal the proceedings had and relief granted by the court, and to that extent is responsible for entry of the judgment, such clerk has no authority to perform the judicial function of rendering a judgment. Building Systems, Inc. v. Medical Center, Ltd., 228 Neb. 168, 421 N.W.2d 773 (1988). Where petition on appeal is filed in district court in compensation case, it is clerk's duty to issue summons, and place same in hands of proper officer for service, without praecipe being filed. McIntosh v. Standard Oil Co., 121 Neb. 92, 236 N.W. 152 (1931). Supreme Court will not issue mandamus to clerk unless district court has refused. State ex rel. Fitzgerald v. Houseworth, 63 Neb. 658, 88 N.W. 858 (1902). Money paid to clerk, pursuant to order or judgment of court, is received in official capacity, and sureties are liable for failure to account therefor. Bantley v. Baker, 61 Neb. 92, 84 N.W. 603 (1900). Clerk of court is the proper custodian of money paid into court. Dirks v. Juel, 59 Neb. 353, 80 N.W. 1045 (1899). Money paid to clerk in mortgage foreclosure proceeding before judgment was not received in official capacity. Commercial Inv. Co. v. Peck, 53 Neb. 204, 73 N.W. 452 (1897). Mandamus will not lie in Supreme Court to compel clerk of district court to issue execution on judgment when no application for such order has been made to district court. State ex rel. Ogden v. Frank, 52 Neb. 553, 72 N.W. 857 (1897). District court has jurisdiction to direct clerk in the performance of his official duties. State ex rel. Solmon v. Moores, 29 Neb. 122, 45 N.W. 278 (1890). Clerks perform their duties under the direction of the court. State v. Wahrman, 11 Neb. App. 101, 644 N.W.2d 572 (2002).
NE Code § 25-2214.01 (2021)
2021 Nebraska Revised Statutes|Chapter 25 - Courts; Civil Procedure|25-2214.01 - Clerk of district court; money or property received; powers and duties.

25-2214.01.  Clerk of district court; money or property received; powers and duties.(1) Whenever any money or other property is received by the clerk of the district court, he or she shall carefully manage it and may, when the money cannot immediately be paid out to its rightful owner, deposit the money in interest-bearing accounts in insured banking or savings institutions. Any interest accrued from such deposit shall be paid over to the county treasurer to be credited to the county general fund, except that when the funds so deposited belonged to a deceased person whose personal representative has not yet been appointed by a court of competent jurisdiction, then the interest accruing on such money shall be paid to the estate of such person after the appointment of a personal representative and upon order of the court.(2) Any property other than money which is received by the clerk of the district court shall be held by him or her in safekeeping until claimed by the rightful owner or, if there is a dispute as to the ownership of such property, until ordered by a court of competent jurisdiction to give possession of the property to some person.Source   Laws 1979, LB 179, § 2;   R.S.1943, (1985), § 24-337.03.
NE Code § 25-2215 (2021)
2021 Nebraska Revised Statutes|Chapter 25 - Courts; Civil Procedure|25-2215 - Transferred to section 23-1701.05.

25-2215.  Transferred to section 23-1701.05.
NE Code § 25-2216 (2021)
2021 Nebraska Revised Statutes|Chapter 25 - Courts; Civil Procedure|25-2216 - Transferred to section 23-1701.06.

25-2216.  Transferred to section 23-1701.06.
NE Code § 25-2217 (2021)
2021 Nebraska Revised Statutes|Chapter 25 - Courts; Civil Procedure|25-2217 - Transferred to section 23-1701.03.

25-2217.  Transferred to section 23-1701.03.
NE Code § 25-2218 (2021)
2021 Nebraska Revised Statutes|Chapter 25 - Courts; Civil Procedure|25-2218 - Common law; applicability.

25-2218.  Common law; applicability.The rule of the common law that statutes in derogation thereof are to be strictly construed has no application to this code.Source   R.S.1867, Code § 1, p. 394;   R.S.1913, § 8567;   C.S.1922, § 9518;   C.S.1929, § 20-2219;   R.S.1943, § 25-2218. Annotations  1. Construction 2. Miscellaneous 1. Construction Liberal construction cannot, for the purpose of embracing other persons than those to whom a statute is expressly made applicable, supply that which the Legislature has omitted. Downing v. Schwenck, 138 Neb. 395, 293 N.W. 278 (1940). Provisions of code of civil procedure must be liberally construed. Orchard & Wilhelm Co. v. North, 125 Neb. 723, 251 N.W. 895 (1933). Liberal construction required sustaining of jurisdiction of district court in workmen's compensation case on filing of petition for appeal, and to require clerk to issue summons without praecipe. McIntosh v. Standard Oil Co., 121 Neb. 92, 236 N.W. 152 (1931). Statute, providing how and who may intervene, should be liberally construed. Webb v. Patterson, 114 Neb. 346, 207 N.W. 522 (1926). Petition should be liberally construed as against objection that it stated two causes of action instead of one jointly. Pier v. Cauley, 98 Neb. 80, 152 N.W. 298 (1915). Remedial statute should be liberally construed. Rine v. Rine, 91 Neb. 248, 135 N.W. 1051 (1912). Statutory procedure for adoption of children should be liberally construed. Ferguson v. Herr, 64 Neb. 659, 94 N.W. 542 (1903), reversing 64 Neb. 649, 90 N.W. 625 (1902). Where petition is first attacked by objection to introduction of testimony, it will be liberally construed. Fire Assn. of Philadelphia v. Ruby, 60 Neb. 216, 82 N.W. 629 (1900). Courts are prohibited from applying rule of strict construction to provisions of code of civil procedure. Kearney Electric Co. v. Laughlin, 45 Neb. 390, 63 N.W. 941 (1895). 2. Miscellaneous This section, along with another section, forms the basis of the right to bring a cross-suit. Rogers v. Western Electric Co., 179 Neb. 359, 138 N.W.2d 423 (1965). Where party sought to reserve right to introduce further evidence, trial court abused discretion in denying defendant leave to withdraw motion to dismiss and introduce further evidence. Adams v. Seeley, 94 Neb. 243, 142 N.W. 541 (1913). Cross-petition for relief against the plaintiff is recognized. Armstrong v. Mayer, 69 Neb. 187, 95 N.W. 51 (1903).
NE Code § 25-2219 (2021)
2021 Nebraska Revised Statutes|Chapter 25 - Courts; Civil Procedure|25-2219 - Deputies of ministerial officers; acts; effect.

25-2219.  Deputies of ministerial officers; acts; effect.Any duty enjoined by this code upon a ministerial officer, and any act permitted to be done by him, may be performed by his lawful deputy.Source   R.S.1867, Code § 893, p. 548;   R.S.1913, § 8568;   C.S.1922, § 9519;   C.S.1929, § 20-2220;   R.S.1943, § 25-2219. Annotations  Performance of duties of an office by a de facto incumbent gives him no claim to the official compensation. McCollough v. County of Douglas, 150 Neb. 389, 34 N.W.2d 654 (1948). Deputy sheriff may conduct foreclosure sale. Richardson v. Hahn, 63 Neb. 294, 88 N.W. 527 (1901). Deputy clerk may settle bill of exceptions, though clerk not absent. Brownell & Co. v. Fuller, 54 Neb. 586, 74 N.W. 1105 (1898). Deputy sheriff may act for sheriff in appraising property. Nebraska Loan & Building Assn. v. Marshall, 51 Neb. 534, 71 N.W. 63 (1897).
NE Code § 25-2220 (2021)
2021 Nebraska Revised Statutes|Chapter 25 - Courts; Civil Procedure|25-2220 - Oaths and affirmations.

25-2220.  Oaths and affirmations.Whenever an oath is required by this code, the affirmation of a person conscientiously scrupulous of taking an oath, shall have the same effect.Source   R.S.1867, Code § 894, p. 549;   R.S.1913, § 8569;   C.S.1922, § 9520;   C.S.1929, § 20-2221;   R.S.1943, § 25-2220. Annotations It is not contempt of court to decline to be sworn by taking the usual oath, since the witness has the right to affirm. Wilcox v. State, 46 Neb. 402, 64 N.W. 1072 (1895).
NE Code § 25-2222 (2021)
2021 Nebraska Revised Statutes|Chapter 25 - Courts; Civil Procedure|25-2222 - Sureties; affidavit of qualifications; effect.

25-2222.  Sureties; affidavit of qualifications; effect.Ministerial officers, whose duty it is to take security on undertakings, bonds and recognizances, provided by this code, shall require the person offered as surety to make an affidavit of his qualifications. The taking of such an affidavit shall not exempt any ministerial officer, or other officer acting in a ministerial capacity, from any liability to which he might otherwise be subject for taking insufficient surety.Source   R.S.1867, Code § 894, p. 549;   Laws 1905, c. 179, § 1, p. 672;   R.S.1913, § 8571;   C.S.1922, § 9522;   Laws 1923, c. 112, § 1, p. 270;   Laws 1927, c. 68, § 1, p. 231;   C.S.1929, § 20-2223;   R.S.1943, § 25-2222;   Laws 1972, LB 1032, § 145.  Annotations  Where county judge in probate matter approves appeal bond without required affidavit of qualification and justification of sureties, a surety on bond is estopped from alleging its invalidity, notwithstanding statute requires such affidavit. In re Estate of Kothe, 131 Neb. 531, 268 N.W. 464 (1936), opinion vacated on rehearing, 131 Neb. 780, 270 N.W. 117 (1936). Appeal bond to review judgment of county court in probate proceeding may be amended. In re Estate of Hoagland, 128 Neb. 219, 258 N.W. 538 (1935). Letters testamentary are not void or subject to collateral attack because sureties on executor's bond failed to make affidavit as to qualifications. In re Estate of Hoferer, 116 Neb. 254, 216 N.W. 826 (1927). Section is not applicable to sheriff taking recognizances under criminal code. Berrer v. Moorhead, 22 Neb. 687, 36 N.W. 118 (1888). Clerk taking insufficient security on stay of execution is liable. Brock v. Hopkins, 5 Neb. 231 (1876).
NE Code § 25-2223 (2021)
2021 Nebraska Revised Statutes|Chapter 25 - Courts; Civil Procedure|25-2223 - Sureties; justification; requirements.

25-2223.  Sureties; justification; requirements.The surety in every undertaking, bond and recognizance, provided by this code, must be a resident of this state and must have property, liable to execution, situate in the county in this state in which such undertaking, bond or recognizance is to be given and filed, worth at least double the sum to be secured, beyond the amount of all liens and encumbrances thereon and his exemptions therein; but this provision shall not be held to apply to incorporated surety companies authorized by the laws of this state to transact business. Except in the case of incorporated surety companies, where there are two or more sureties in the same undertaking, bond or recognizance, they must, in the aggregate, have the qualifications prescribed in this section.Source   R.S.1867, Code § 898, p. 549;   Laws 1897, c. 96, § 1, p. 379;   R.S.1913, § 8572;   C.S.1922, § 9523;   Laws 1923, c. 112, § 2, p. 270;   C.S.1929, § 20-2224;   R.S.1943, § 25-2223. Annotations  Sureties on appeal or supersedeas bond are required to justify, or bond may be quashed. Fisher v. Keeler, 142 Neb. 79, 5 N.W.2d 143 (1942). Where appeal bond on appeal from county court was given with but one surety and was otherwise defective and appellant refused to amend bond notwithstanding appellee's repeated and specific objections, district court had no jurisdiction and should have sustained motions for nonsuit and dismissal. In re Estate of Kothe, 131 Neb. 531, 268 N.W. 464 (1936), opinion vacated on rehearing, 131 Neb. 780, 270 N.W. 117 (1936). Court may permit amendment of bond by adding affidavit of justification. In re Estate of Hoagland, 128 Neb. 219, 258 N.W. 538 (1935). Letters testamentary are not void or subject to collateral attack because sureties on executor's bond failed to make affidavit as to qualifications. In re Estate of Hoferer, 116 Neb. 254, 216 N.W. 826 (1927). Residence in county is not essential unless specifically required by statute. State ex rel. Lions Ins. Co. v. Baker, 45 Neb. 39, 63 N.W. 139 (1895).