reglab/statecodes huggingface dataset:
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-1574 - Discovery of property of debtor; receiver; liability of officer and sureties; undertaking; oath.

25-1574.
Discovery of property of debtor; receiver; liability of officer and sureties; undertaking; oath.
If the sheriff shall be appointed receiver, he and his sureties shall be liable on his official bond for the faithful discharge of his duties as such receiver; if any other person shall be appointed receiver, he shall give a written undertaking, in such sum as shall be prescribed by the judge, with one or more sureties, to the effect that he will faithfully discharge his duties of receiver, and he shall also take an oath to the same effect before acting as such receiver. The undertaking mentioned in this section shall be to the State of Nebraska, and actions may be prosecuted for a breach thereof, by any person interested, in the same manner as upon a sheriff's official bond.
Source
R.S.1867, Code § 543, p. 489;
R.S.1913, § 8122;
C.S.1922, § 9058;
C.S.1929, § 20-1576;
R.S.1943, § 25-1574.
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-1575 - Discovery of property of debtor; proceedings; continuance.

25-1575.
Discovery of property of debtor; proceedings; continuance.
The judge or referee, acting under the provisions of sections 25-1564 to 25-1580, shall have power to continue his proceedings from time to time until they are completed.
Source
R.S.1867, Code § 544, p. 489;
R.S.1913, § 8123;
C.S.1922, § 9059;
C.S.1929, § 20-1577;
R.S.1943, § 25-1575.
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-1576 - Discovery of property of debtor; reference.

25-1576.
Discovery of property of debtor; reference.
The judge may in his discretion order a reference to a referee agreed upon or appointed by him, to report the evidence of the facts.
Source
R.S.1867, Code § 545, p. 489;
R.S.1913, § 8124;
C.S.1922, § 9060;
C.S.1929, § 20-1578;
R.S.1943, § 25-1576.
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-1577 - Discovery of property of debtor; disobedience of order of court; penalty.

25-1577.
Discovery of property of debtor; disobedience of order of court; penalty.
(1) Except as provided in subsection (2) of this section, if any person, party, or witness disobeys an order of the judge or referee, duly served, such person, party, or witness may be punished by the judge as for contempt, and if a party, he or she shall be committed to the jail of the county wherein the proceedings are pending until he or she complies with such order; or, in case he or she has, since the service of such order upon him or her, rendered it impossible for him or her to comply therewith, until he or she has restored to the opposite party what such party has lost by such disobedience, or until discharged by due course of law.
(2) No imprisonment related to the debt collection process shall be allowed unless, after a hearing, a judgment debtor is found to be in willful contempt of court. A judgment debtor shall not be committed to jail for failing to appear pursuant to section 25-1565 unless, after service of an order to appear and show cause as to why the judgment debtor should not be found in contempt for failing to appear, the judgment debtor is found to be in willful contempt.
Source
R.S.1867, Code § 546, p. 489;
Laws 1875, § 1, p. 39;
R.S.1913, § 8125;
C.S.1922, § 9061;
C.S.1929, § 20-1579;
R.S.1943, § 25-1577;
Laws 2017, LB259, § 1.
Annotations
Failure to pay money is not punishable, unless party is able to pay or willfully unable. Hawthorne v. State, 45 Neb. 871, 64 N.W. 359 (1895).
Third person refusing to turn over property in his possession is not punishable. In re Havlik, 45 Neb. 747, 64 N.W. 234 (1895).
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-1578 - Discovery of property of debtor; orders to judgment debtors and witnesses; service; filing; record.

25-1578.
Discovery of property of debtor; orders to judgment debtors and witnesses; service; filing; record.
The orders to judgment debtors and witnesses provided for in sections 25-1564 to 25-1580 shall be signed and filed by the judge making the same and shall be served in the same manner as a summons in other cases. The judge shall sign all such orders. Such orders shall be filed with the clerk of the court of the county in which the judgment is rendered or the transcript of the judgment filed, and the clerk shall enter on the record the date and time of filing the same.
Source
R.S.1867, Code § 547, p. 489;
R.S.1913, § 8126;
C.S.1922, § 9062;
C.S.1929, § 20-1580;
R.S.1943, § 25-1578;
Laws 2018, LB193, § 28.
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-1579 - Discovery of property of debtor; proceedings; fees; taxation as costs.

25-1579.
Discovery of property of debtor; proceedings; fees; taxation as costs.
The judge shall allow to sheriffs, referees, receivers, and witnesses such compensation as is allowed for like service in other cases, to be taxed as costs in the case, and shall enforce by order the collection thereof from such party or parties as ought to pay the same.
Source
R.S.1867, Code § 548, p. 489;
R.S.1913, § 8127;
C.S.1922, § 9063;
C.S.1929, § 20-1581;
R.S.1943, § 25-1579;
Laws 1959, c. 140, § 2, p. 546.
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-1580 - Discovery of property of debtor; proceedings; county judge; fees.

25-1580.
Discovery of property of debtor; proceedings; county judge; fees.
The county judge shall be allowed for his or her services, under sections 25-1564 to 25-1580, the sum of five dollars in each case, and such fees as are allowed by law to clerks of the district court for similar services.
Source
R.S.1867, Code § 549, p. 490;
R.S.1913, § 8128;
C.S.1922, § 9064;
C.S.1929, § 20-1582;
R.S.1943, § 25-1580;
Laws 1982, LB 928, § 19.
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-1581 - Execution; contents; satisfaction of damages and costs.

25-1581.
Execution; contents; satisfaction of damages and costs.
If the execution be for the delivery of the possession of real property, it shall require the officer to deliver the same, particularly describing the property, to the party entitled thereto, and may at the same time require the officer to satisfy any costs or damages recovered in the same judgment, out of the goods and chattels of the party against whom it was rendered, and for want of such goods and chattels, then out of the lands and tenements, and in this respect it shall be deemed an execution against the property.
Source
R.S.1867, Code § 559, p. 491;
R.S.1913, § 8129;
C.S.1922, § 9065;
C.S.1929, § 20-1583;
R.S.1943, § 25-1581.
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-1582 - Judgment other than for the recovery of money or real property; enforcement by attachment or rule of court; notice.

25-1582.
Judgment other than for the recovery of money or real property; enforcement by attachment or rule of court; notice.
When the judgment is not for the recovery of money or real property, the same may be enforced by attachment by the court rendering the judgment, upon motion made, or by a rule of the court upon the defendant; but in either case, notice of the motion, or service of a copy of the rule, shall be made on the defendant a reasonable time before the order of attachment is made.
Source
R.S.1867, Code § 560, p. 491;
R.S.1913, § 8130;
C.S.1922, § 9066;
C.S.1929, § 20-1584;
R.S.1943, § 25-1582.
Annotations
Judgment becomes lien on after-acquired property. Jones v. Knosp, 91 Neb. 224, 135 N.W. 1049 (1912).
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-1587.01 - Act, how cited.

25-1587.01.
Act, how cited.
Sections 25-1587.01 to 25-1587.09 shall be known and may be cited as the Nebraska Uniform Enforcement of Foreign Judgments Act.
Source
Laws 1993, LB 458, § 1.
Annotations
While Nebraska courts are prohibited from reviewing the merits of a foreign judgment, Nebraska courts may examine whether the foreign judgment was rendered with proper jurisdiction and may refuse to register and enforce a foreign judgment rendered without jurisdiction over the parties or the subject matter. Walksalong v. Mackey, 250 Neb. 202, 549 N.W.2d 384 (1996).
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-1587.02 - Foreign judgment, defined.

25-1587.02.
Foreign judgment, defined.
For purposes of the Nebraska Uniform Enforcement of Foreign Judgments Act, foreign judgment means any judgment, decree, or order of a court of the United States or of any other court which is entitled to full faith and credit in this state.
Source
Laws 1993, LB 458, § 2.
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-1587.03 - Filing and status of foreign judgments.

25-1587.03.
Filing and status of foreign judgments.
A copy of any foreign judgment authenticated in accordance with the act of Congress or the statutes of this state may be filed on or after January 1, 1994, in the office of the clerk of any court of this state having jurisdiction of such action. The clerk shall treat the foreign judgment in the same manner as a judgment of a court of this state. A judgment so filed has the same effect and is subject to the same procedures, defenses, and proceedings for reopening, vacating, or staying as a judgment of a court of this state and may be enforced or satisfied in like manner.
Source
Laws 1993, LB 458, § 3.
Annotations
The filing of a foreign judgment in a Nebraska court pursuant to this section is not an action upon a foreign judgment within the meaning of section 25-205. A foreign judgment filed in a Nebraska court pursuant to this section may be collaterally attacked on the ground that the court which entered the judgment lacked jurisdiction to do so, and the resolution of the issue must be made by the Nebraska court. Deuth v. Ratigan, 256 Neb. 419, 590 N.W.2d 366 (1999).
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-1587.04 - Notice of filing.

25-1587.04.
Notice of filing.
(a) At the time of the filing of the foreign judgment, the judgment creditor or his or her lawyer shall make and file with the clerk of the court an affidavit setting forth the name and last-known post office address of the judgment debtor and the judgment creditor.
(b) Promptly upon the filing of the foreign judgment and the affidavit, the clerk shall mail notice of the filing of the foreign judgment to the judgment debtor at the address given and shall file notice of the mailing on the record. The notice shall include the name and address of the judgment creditor and the judgment creditor's lawyer, if any, in this state. In addition, the judgment creditor may mail a notice of the filing of the judgment to the judgment debtor and may file proof of mailing with the clerk. Lack of mailing notice of filing by the clerk shall not affect the enforcement proceedings if proof of mailing by the judgment creditor has been filed.
Source
Laws 1993, LB 458, § 4;
Laws 2018, LB193, § 29.
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-1587.05 - Stay.

25-1587.05.
Stay.
(a) If the judgment debtor shows the court that an appeal from the foreign judgment is pending or will be taken, or that a stay of execution has been granted, the court shall stay enforcement of the foreign judgment until the appeal is concluded, the time for appeal expires, or the stay of execution expires or is vacated, upon proof that the judgment debtor has furnished the security for the satisfaction of the judgment required by the state in which it was rendered.
(b) If the judgment debtor shows the court any ground upon which enforcement of a judgment of any court of this state would be stayed, the court shall stay enforcement of the foreign judgment for an appropriate period upon requiring the same security for satisfaction of the judgment which is required in this state.
Source
Laws 1993, LB 458, § 5.
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-1587.06 - Fees.

25-1587.06.
Fees.
Any person filing a foreign judgment or a judgment from another court in this state shall pay to the clerk of the district or county court a fee as provided in section 33-106 or 33-123 for filing a transcript of judgment. Fees for filing, transcription, or other enforcement proceedings shall be as provided for judgments of the courts of this state.
Source
Laws 1993, LB 458, § 6;
Laws 1995, LB 270, § 1;
Laws 2018, LB193, § 30.
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-1587.07 - Optional procedure.

25-1587.07.
Optional procedure.
The right of a judgment creditor to bring an action to enforce his or her judgment instead of proceeding under the Nebraska Uniform Enforcement of Foreign Judgments Act remains unimpaired.
Source
Laws 1993, LB 458, § 7.
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-1587.08 - Uniformity of interpretation.

25-1587.08.
Uniformity of interpretation.
The Nebraska Uniform Enforcement of Foreign Judgments Act shall be so interpreted and construed as to effectuate its general purpose to make uniform the law of those states which enact it.
Source
Laws 1993, LB 458, § 8.
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-1587.09 - Foreign judgments registered under prior law.

25-1587.09.
Foreign judgments registered under prior law.
Sections 25-1587.01 to 25-1587.08 do not apply to foreign judgments registered prior to January 1, 1994, pursuant to sections 25-1587 to 25-15,104 as such sections existed immediately prior to such date. Sections 25-1587 to 25-15,104 shall remain effective on and after January 1, 1994, only for the purpose of enforcement of foreign judgments registered prior to such date pursuant to sections 25-1587 to 25-15,104 as such sections existed immediately prior to such date.
Source
Laws 1993, LB 458, § 9.
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-15,105 - Federal exemptions; rejected.

25-15,105.
Federal exemptions; rejected.
The federal exemptions provided in 11 U.S.C. 522, subsection (d), are hereby rejected by the State of Nebraska. The State of Nebraska elects to retain the personal exemptions provided under Nebraska statutes and the Nebraska Constitution and to have such exemptions apply to any bankruptcy petition filed in Nebraska after April 17, 1980.
Source
Laws 1980, LB 940, § 1.
Cross References
Exemptions, see section 25-1552 et seq.
Homestead exemption, see section 40-101.
Insurance exemption, see section 44-371.
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-1645 - Act; intent and purpose.

25-1645.
Act; intent and purpose.
The Legislature hereby declares that it is the intent and purpose of the Jury Selection Act to create a jury system which will ensure that:
(1) All persons selected for jury service are selected at random from a fair cross section of the population of the area served by the court;
(2) All qualified citizens have the opportunity to be considered for jury service;
(3) All qualified citizens fulfill their obligation to serve as jurors when summoned for that purpose; and
(4) No citizen is excluded from jury service in this state as a result of discrimination based upon race, color, religion, sex, national origin, or economic status.
Source
Laws 1979, LB 234, § 1;
R.S.1943, (2016), § 25-1601.03;
Laws 2020, LB387, § 2.
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-1646 - Terms, defined.

25-1646.
Terms, defined.
For purposes of the Jury Selection Act:
(1) Combined list means the list created pursuant to section 25-1654 by merging the lists of names from the Department of Motor Vehicles and from election records into one list;
(2) Grand jury means a body of people who are chosen to sit permanently for at least a month and up to a year and who, in ex parte proceedings, decide whether to issue indictments in criminal cases;
(3) Jury commissioner means the person designated in section 25-1647;
(4) Jury list means a list or lists of names of potential jurors drawn from the master key list for possible service on grand and petit juries;
(5) Jury management system means an electronic process in which individuals are randomly selected to serve as grand or petit jurors and for which the presence of a district court judge or other designated official is not required. A jury management system may also provide an electronic process for a potential juror to complete and submit a juror qualification form and to receive summonses and notifications regarding jury service;
(6) Jury panel means the persons summoned to serve as grand or petit jurors for such period of a jury term as determined by the judge or judges;
(7) Jury term means a month, calendar quarter, year, or other period of time as determined by the judge or judges during which grand or petit jurors are selected for service from a master key list. A jury term shall not extend beyond the time by which a new combined list is required to be prepared pursuant to section 25-1654, except by order of the court;
(8) Manual jury selection process means a process in which individuals are randomly selected to serve on a grand or petit jury by drawing names from a wheel or box while in the presence of a district court judge or other official designated by the judge;
(9) Master key list means the list of names selected using the key number pursuant to section 25-1654;
(10) One-step qualifying and summoning system means a process for selecting and summoning grand or petit jurors in which a juror qualification form and summons, or instructions to complete a jury qualification form through a jury management system and a summons, are sent to a potential juror at the same time;
(11) Petit jury means a group of jurors who may be summoned and empaneled in the trial of a specific case;
(12) Tales juror means a person selected from among the bystanders in court or the people of the county to serve as a juror when the original jury panel has become deficient in number; and
(13) Two-step qualifying and summoning system means a process for selecting and summoning grand or petit jurors in which a juror qualification form, or instructions to complete a jury qualification form through a jury management system, is sent to a potential juror and, if the juror is qualified and drawn for jury service, a summons is sent.
Source
Laws 2020, LB387, § 3.
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-1647 - Jury commissioner; designation; salary; expenses; duties; salary increase, when effective.

25-1647.
Jury commissioner; designation; salary; expenses; duties; salary increase, when effective.
(1) In each county of the State of Nebraska, the clerk of the district court shall serve as the jury commissioner.
(2) In counties having a population in excess of one hundred seventy-five thousand inhabitants, the judges of the district court within such counties shall determine whether the clerk of the district court will receive additional compensation to perform the duties of jury commissioner. The amount of any such additional compensation shall be fixed by the judges of the district court in an amount not to exceed three thousand dollars per annum.
(3) In all counties the necessary expenses incurred in the performance of the duties of jury commissioner shall be paid by the county board of the county out of the general fund, upon proper claims approved by one of the district judges in the judicial district and duly filed with the county board.
(4) In all counties the jury commissioner shall prepare and file the annual inventory statement with the county board of the county of all county personal property in his or her custody or possession, as provided in sections 23-346 to 23-350.
(5) This section shall be so interpreted as to effectuate its general purpose, to provide, in the public interest, adequate compensation for the jury commissioner and to permit a change in such salary as soon as the change may become operative under the Constitution of Nebraska.
Source
Laws 1915, c. 248, § 1, p. 568;
C.S.1922, § 9095;
C.S.1929, § 20-1625;
Laws 1931, c. 65, § 5, p. 178;
Laws 1939, c. 28, § 20, p. 159;
C.S.Supp.,1941, § 20-1625;
R.S.1943, § 25-1625;
Laws 1947, c. 62, § 9, p. 202;
Laws 1953, c. 72, § 6, p. 227;
Laws 1961, c. 113, § 1, p. 352;
Laws 1971, LB 547, § 1;
Laws 1975, LB 527, § 1;
Laws 1979, LB 234, § 6;
Laws 2003, LB 19, § 4;
Laws 2010, LB712, § 2;
Laws 2013, LB169, § 1;
R.S.1943, (2016), § 25-1625;
Laws 2020, LB387, § 4;
Laws 2022, LB922, § 2.
Annotations
Statutory procedure for selection and impaneling of juries in a county the size of Douglas is provided. Maher v. State, 144 Neb. 463, 13 N.W.2d 641 (1944).
Jury commissioner act indicates modern trend against advance disclosure of names of jurors. Fetty v. State, 118 Neb. 169, 223 N.W. 955 (1929).
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-1648 - Jury commissioner; deputy; appointment; powers.

25-1648.
Jury commissioner; deputy; appointment; powers.
(1) The jury commissioner shall appoint a deputy jury commissioner from the regular employees of his or her office who shall serve ex officio and who shall hold office during the pleasure of the jury commissioner. The deputy jury commissioner shall be approved by the judge or judges of the district court before taking office. The deputy jury commissioner, during the absence of the jury commissioner from the county or during the sickness or disability of the jury commissioner, with the consent of such judge or judges, may perform any or all of the duties of the jury commissioner.
(2) If there are no regular employees of the office of jury commissioner, he or she may appoint some other county officer or employee thereof as deputy jury commissioner.
Source
Laws 1915, c. 248, § 1, p. 568;
C.S.1922, § 9096;
C.S.1929, § 20-1626;
R.S.1943, § 25-1626;
Laws 1951, c. 69, § 1, p. 224;
Laws 1953, c. 72, § 7, p. 227;
Laws 1955, c. 90, § 2, p. 265;
Laws 1955, c. 91, § 1, p. 268;
Laws 1965, c. 123, § 1, p. 460;
R.S.1943, (2016), § 25-1626;
Laws 2020, LB387, § 5;
Laws 2022, LB922, § 3.
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-1649 - Jurors; selection.

25-1649.
Jurors; selection.
In each of the county and district courts of this state, the lists of grand and petit jurors shall be made up and jurors selected for jury duty in the manner prescribed in the Jury Selection Act.
Source
R.S.1867, Code § 658, p. 510;
R.S.1913, § 8137;
C.S.1922, § 9073;
C.S.1929, § 20-1603;
Laws 1931, c. 36, § 1, p. 129;
Laws 1939, c. 18, § 23, p. 113;
C.S.Supp.,1941, § 20-1603;
R.S.1943, § 25-1603;
Laws 1953, c. 72, § 2, p. 225;
Laws 1979, LB 234, § 3;
Laws 1980, LB 733, § 2;
R.S.1943, (2016), § 25-1603;
Laws 2020, LB387, § 6.
Annotations
1. Scope
2. Challenge
1. Scope
Number of votes cast at election does not furnish basis for definite inference as to number of persons possessing qualifications of jurors. Nelson v. State, 118 Neb. 812, 226 N.W. 438 (1929).
Failure of county board to select jurors fifteen days before opening of term did not require quashing of panel without resulting prejudice. Fetty v. State, 118 Neb. 169, 223 N.W. 955 (1929).
Section is not applicable to calling of juries after commencement of term. Pinn v. State, 107 Neb. 417, 186 N.W. 544 (1922).
One who has served within two years should not be selected, but it is not sufficient to quash panel. Kerr v. State, 63 Neb. 115, 88 N.W. 240 (1901).
In calling special term, failure of judge to direct summons of jurors under this section does not invalidate. Welsh v. State, 60 Neb. 101, 82 N.W. 368 (1900).
Section is mandatory, and must be strictly followed. Davis v. State, 31 Neb. 247, 47 N.W. 854 (1891).
When right of suffrage was restricted to male voters, apportionment might be based on vote at last general election. Bohanan v. State, 15 Neb. 209, 18 N.W. 129 (1883).
Jury for called term must be selected in this manner. Brown alias McElvoy v. State, 9 Neb. 157, 2 N.W. 378 (1879).
2. Challenge
Failure to challenge a juror for cause and to examine him or other witnesses as to his competency is a waiver, even though fact of incompetency is not known until after verdict. Young v. State, 133 Neb. 644, 276 N.W. 387 (1937).
It was error to refuse to quash panel where officers who selected jurors are members of secret society seeking to convict defendant. Nelson v. State, 115 Neb. 26, 211 N.W. 175 (1926).
It was error to overrule challenge to the array in criminal case, where jurors were drawn by precinct, separately, instead of by lot from sixty names from county at large. Kronberg v. State, 114 Neb. 393, 207 N.W. 668 (1926).
Commissioner having case pending should not assist in selection of list, but panel will not be quashed. Northeastern Neb. R. R. Co. v. Frazier, 25 Neb. 42, 40 N.W. 604 (1888).
It is ground for plea in abatement, where grand jury is not proportionately selected. Barton v. State, 12 Neb. 260, 11 N.W. 323 (1882).
Plea in abatement that jurors were not properly selected must specifically point out objections. Baldwin v. State, 12 Neb. 61, 10 N.W. 463 (1881).
If not selected proportionately, it is ground for challenge to array. Clark v. Saline County, 9 Neb. 516, 4 N.W. 246 (1880).
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-1651 - Jurors; actions to which county or other municipal corporation a party; inhabitants and taxpayers; serve, when.

25-1651.
Jurors; actions to which county or other municipal corporation a party; inhabitants and taxpayers; serve, when.
On the trial of any suit in which a county or any other municipal corporation is a party, the inhabitants and taxpayers of such county or municipal corporation shall be qualified to serve as jurors if otherwise qualified according to law.
Source
Laws 1877, § 1, p. 16;
R.S.1913, § 8136;
C.S.1922, § 9072;
C.S.1929, § 20-1602;
R.S.1943, (2016), § 25-1602;
Laws 2020, LB387, § 8.
Annotations
Interest as taxpayer may disqualify where he testifies such interest would influence verdict. Omaha v. Cane, 15 Neb. 657, 20 N.W. 101 (1884).
Ordinarily interest as taxpayer does not disqualify. Omaha v. Olmstead, 5 Neb. 446 (1877).
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-1653 - Jury list; key number; determination; record.

25-1653.
Jury list; key number; determination; record.
(1) The jury commissioner, at such times as may be necessary or as he or she may be ordered to do so by the district judge, shall draw a number to be known as a key number. The drawing of a key number shall be done in a manner which will ensure that the number drawn is the result of chance. The key number shall be drawn from among the numbers one to ten. Except as otherwise provided in this section, only one key number need be drawn.
(2) In a county with a population of less than three thousand inhabitants, the jury commissioner shall draw two key numbers or such larger number of key numbers as the district judge or judges may order instead of only one.
(3) In a county with a population of three thousand inhabitants or more, where experience demonstrates that the use of only one key number does not produce a list of names of sufficient number to make the system of practical use, the district judge or judges may, in their discretion, order the selecting of two key numbers.
(4) The jury commissioner shall make a record of the manner in which the key number or numbers were drawn and the date and the hour of the drawing, the same to be certified by the jury commissioner, and such records shall be entered upon the record of the court.
Source
Laws 1915, c. 248, § 3, p. 569;
C.S.1922, § 9097;
C.S.1929, § 20-1627;
R.S.1943, § 25-1627;
Laws 1953, c. 72, § 8(1), p. 228;
Laws 1977, LB 283, § 1;
Laws 1979, LB 234, § 7;
R.S.1943, (2016), § 25-1627;
Laws 2020, LB387, § 10.
Annotations
A defendant in a criminal case is not entitled to a proportionate number of his race on the jury. State v. Gutierrez, 187 Neb. 383, 191 N.W.2d 164 (1971).
Written order of court directing key number to be drawn is not necessary. Maher v. State, 144 Neb. 463, 13 N.W.2d 641 (1944).
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-1654 - Combined list; master key list; how produced.

25-1654.
Combined list; master key list; how produced.
(1) Each December, the Department of Motor Vehicles shall make available to each jury commissioner a list in magnetic, optical, digital, or other electronic format mutually agreed to by the jury commissioner and the department containing the names, dates of birth, addresses, and motor vehicle operator license numbers or state identification card numbers of all licensed motor vehicle operators and state identification card holders nineteen years of age or older in the county. If a jury commissioner requests similar lists at other times from the department, the cost of processing such lists shall be paid by the county which the requesting jury commissioner serves. Upon request of the jury commissioner, the election commissioner or county clerk having charge of the election records shall furnish to the jury commissioner a complete list of the names, dates of birth, addresses, and motor vehicle operator license numbers or state identification card numbers of all registered voters nineteen years of age or older in the county.
(2) When required pursuant to subsection (3) of this section or when otherwise necessary or as directed by the judge or judges, the jury commissioner shall create a combined list by merging the separate lists described in subsection (1) of this section and reducing any duplication to the best of his or her ability.
(3) In counties having a population of seven thousand inhabitants or more, the jury commissioner shall produce a combined list at least once each calendar year. In counties having a population of three thousand inhabitants but less than seven thousand inhabitants, the jury commissioner shall produce a combined list at least once every two calendar years. In counties having a population of less than three thousand inhabitants, the jury commissioner shall produce a combined list at least once every five calendar years.
(4) The jury commissioner shall then create a master key list by selecting from the combined list the name of the person whose numerical order on such list corresponds with the key number and each successive tenth name thereafter. The jury commissioner shall certify that the master key list has been made in accordance with the Jury Selection Act.
(5) Any unintentional duplication of names on a combined list or master key list shall not be grounds for quashing any panel or jury list pursuant to section 25-1678 or for the disqualification of any juror.
Source
Laws 1915, c. 248, § 4, p. 569;
C.S.1922, § 9098;
C.S.1929, § 20-1628;
R.S.1943, § 25-1628;
Laws 1957, c. 88, § 1, p. 337;
Laws 1971, LB 11, § 1;
Laws 1985, LB 113, § 2;
Laws 1988, LB 111, § 1;
Laws 1989, LB 82, § 1;
Laws 2003, LB 19, § 5;
Laws 2005, LB 402, § 1;
Laws 2009, LB35, § 10;
Laws 2010, LB712, § 3;
R.S.1943, (2016), § 25-1628;
Laws 2020, LB387, § 11.
Annotations
A defendant in a criminal case is not entitled to a proportionate number of his race on the jury. State v. Gutierrez, 187 Neb. 383, 191 N.W.2d 164 (1971).
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-1655 - Potential jurors; how selected.

25-1655.
Potential jurors; how selected.
(1) Prior to the jury term or at any time during the jury term, the jury commissioner may draw potential jurors from the master key list for service on petit jury panels that will be needed throughout the jury term. The jury commissioner shall draw such number of potential jurors from the master key list as the judge or judges direct.
(2) In drawing the names of potential jurors, the jury commissioner may use a manual jury selection process or a jury management system. The jury commissioner shall investigate the potential jurors so drawn pursuant to the two-step qualifying and summoning system or the one-step qualifying and summoning system.
(3)(a) If the jury commissioner uses the two-step qualifying and summoning system, he or she shall deliver to each potential juror a juror qualification form pursuant to section 25-1657.
(b) If the jury commissioner uses the one-step qualifying and summoning system, he or she shall deliver to each potential juror a juror qualification form pursuant to section 25-1657 and shall serve the potential juror with a summons pursuant to section 25-1660.
Source
Laws 2020, LB387, § 12.
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-1656 - Petit jurors; how selected; summons or notice to report.

25-1656.
Petit jurors; how selected; summons or notice to report.
(1) Unless the judge or judges order that no jury be drawn, the jury commissioner shall draw petit jurors for a regular jury panel pursuant to this section.
(2) If the jury commissioner has previously drawn and investigated potential jurors for service during the jury term as provided in section 25-1655, the jury commissioner shall draw by chance the names of thirty such qualified jurors, or such other number as the judge or judges may otherwise direct, for each judge sitting with a jury, as petit jurors for such regular jury panel.
(3) If the jury commissioner has not previously drawn and investigated potential jurors for service during the jury term as provided in section 25-1655, the jury commissioner shall draw and investigate potential jurors from the master key list in the same manner as provided in section 25-1655. The jury commissioner shall draw and investigate such number of potential jurors as the jury commissioner deems necessary to arrive at a list of thirty qualified jurors or such other number of qualified jurors as the judge or judges shall direct for each judge sitting with a jury.
(4) After drawing the names pursuant to subsection (2) or (3) of this section, the jury commissioner shall:
(a) Serve a summons pursuant to section 25-1660 on each person whose name was drawn if the jury commissioner uses the two-step qualifying and summoning system; or
(b) If the jury commissioner has not already done so in the summons or by another method of notification, notify each person whose name was drawn of the date and time to report for jury service if the jury commissioner uses the one-step qualifying and summoning system.
Source
Laws 1980, LB 733, § 5;
Laws 1983, LB 329, § 1;
Laws 1984, LB 13, § 39;
R.S.1943, (2016), § 25-1641;
Laws 2020, LB387, § 13.
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-1657 - Juror qualification form; potential juror; complete; return; when.

25-1657.
Juror qualification form; potential juror; complete; return; when.
(1) Except as provided in subsection (2) of this section, the jury commissioner shall deliver a juror qualification form to each potential juror drawn for jury service. The delivery may be by first-class mail or personal service or through a jury management system. The jury commissioner shall include instructions to complete and return the form to the jury commissioner within ten days after its receipt. The form may be returned to the jury commissioner by mail or through a jury management system.
(2)(a) In lieu of the juror qualification form delivery process described in subsection (1) of this section, a jury commissioner may send to a potential juror a notice or summons which includes instructions to complete a juror qualification form through a jury management system. The notice or summons may be sent by first-class mail or personal service or through a jury management system. The jury commissioner shall include instructions to complete and submit the juror qualification form within ten days after receipt of the notice or summons.
(b) If a potential juror fails to complete the qualification form as instructed within such ten days, the jury commissioner shall deliver to such potential juror, by first-class mail or personal service, a revised notice or summons and juror qualification form with instructions to complete and return the form to the jury commissioner within ten days after its receipt.
(3) The juror qualification form shall be in the form prescribed by the Supreme Court. Notarization of the juror qualification form shall not be required. If the potential juror is unable to complete the form, another person may do it for the potential juror and shall indicate that such other person has done so and the reason therefor.
(4) If it appears that there is an omission, ambiguity, or error in a returned form, the jury commissioner shall again send the form with instructions to the potential juror to make the necessary addition, clarification, or correction and to return the form to the jury commissioner within ten days after its second receipt.
Source
Laws 1979, LB 234, § 12;
Laws 2005, LB 105, § 1;
R.S.1943, (2016), § 25-1629.01;
Laws 2020, LB387, § 14.
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-1658 - Juror qualification form; failure to return; effect; contempt of court.

25-1658.
Juror qualification form; failure to return; effect; contempt of court.
(1) Any potential juror who fails to return a completed juror qualification form as instructed shall be directed by the jury commissioner to appear before him or her to fill out the juror qualification form. At the time of the potential juror's appearance for jury service or at the time of any interview before the court or jury commissioner, any potential juror may be required to fill out another juror qualification form, at which time the potential juror may be questioned with regard to his or her responses to questions contained on the form and grounds for his or her excuse or disqualification. Any information thus acquired by the court or jury commissioner shall be noted on the juror qualification form.
(2) Any person who knowingly fails to complete and return or who willfully misrepresents a material fact on a juror qualification form for the purpose of avoiding or securing service as a juror shall be guilty of contempt of court.
Source
Laws 1979, LB 234, § 13;
R.S.1943, (2016), § 25-1629.02;
Laws 2020, LB387, § 15.
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-1659 - Master key list; juror qualification form; review; names stricken.

25-1659.
Master key list; juror qualification form; review; names stricken.
(1) If the jury commissioner finds, after reviewing a completed juror qualification form, that a potential juror does not possess the qualifications of a juror as set forth in section 25-1650 or is excluded by the terms of section 25-1650, the jury commissioner shall strike such potential juror's name from the master key list and make a record of each name stricken, which record shall be kept in the jury commissioner's office subject to inspection by the court and attorneys of record in cases triable to a jury pending before the court, under such rules as the court may prescribe.
(2) Any person entitled to access to the list of names stricken may make a request to the judge of the district court, in accordance with section 25-1673, for an explanation of the reasons a name has been stricken. If the judge is satisfied that such request is made in good faith and in accordance with section 25-1673, the judge shall direct the jury commissioner to appear before the judge at chambers and, in the presence of the requesting person, state his or her reasons for striking such name.
Source
Laws 1915, c. 248, § 5, p. 570;
C.S.1922, § 9099;
C.S.1929, § 20-1629;
Laws 1939, c. 18, § 14, p. 106;
C.S.Supp.,1941, § 20-1629;
R.S.1943, § 25-1629;
Laws 1953, c. 7, § 1, p. 221;
Laws 1953, c. 72, § 9, p. 229;
Laws 1955, c. 9, § 4, p. 266;
Laws 1977, LB 283, § 2;
Laws 1979, LB 234, § 9;
Laws 1985, LB 113, § 3;
R.S.1943, (2016), § 25-1629;
Laws 2020, LB387, § 16.
Annotations
The key-number system for the selection of jurors from voter registration lists is constitutionally valid. State v. Addison, 198 Neb. 442, 253 N.W.2d 165 (1977).
In selection of grand jury, names can be drawn from more than one panel. State v. Abboud, 181 Neb. 84, 147 N.W.2d 152 (1966).
Until jury list created by drawing of key number is exhausted, no new jury list can be made. Maher v. State, 144 Neb. 463, 13 N.W.2d 641 (1944).
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-1660 - Jurors; how summoned; notice; deadlines, applicability.

25-1660.
Jurors; how summoned; notice; deadlines, applicability.
(1) The summons of grand and petit jurors for the courts of this state shall be served by the jury commissioner, the clerk of such court, or any other person authorized by the court by delivering such summons by first-class mail or personal service or through a jury management system to the person whose name has been drawn.
(2)(a) If the jury commissioner uses the two-step qualifying and summoning system, the summons shall be delivered not less than ten days before the day such juror is to appear as a juror in such court.
(b) If the jury commissioner uses the one-step qualifying and summoning system, the summons shall be delivered:
(i) Not less than ten days before the first day of the jury term, if the jury commissioner is summoning jurors for service throughout the jury term; or
(ii) Not less than ten days before the day such juror is to appear as a juror in such court, if the jury commissioner is summoning a juror for service on a specific jury panel.
(c) The deadlines in this subsection shall not apply to summons delivered to extra jurors pursuant to section 25-1665 or tales jurors pursuant to section 25-1666. Summons to such jurors shall be delivered at the earliest possible time under the circumstances and as directed by the judge or judges.
(3)(a) If the jury commissioner uses the two-step qualifying and summoning system, a summons sent under this section shall include the day, time, place, and name of the court where the juror is to report for jury service.
(b) If the jury commissioner uses the one-step qualifying and summoning system, a summons sent under this section shall include such details as to the day, time, place, and name of the court where the juror is to report for jury service as are known at the time the summons is sent along with additional instructions regarding the manner in which the juror shall contact the court or will be notified by the court of any additional details.
Source
R.S.1867, Code §§ 661, 662, p. 510;
Laws 1885, c. 97, § 1, p. 381;
R.S.1913, § 8141;
Laws 1915, c. 148, § 1, p. 318;
C.S.1922, § 9076;
C.S.1929, § 20-1606;
R.S.1943, § 25-1606;
Laws 1953, c. 72, § 3, p. 225;
Laws 1957, c. 242, § 18, p. 831;
Laws 1982, LB 677, § 1;
R.S.1943, (2016), § 25-1606;
Laws 2020, LB387, § 17.
Annotations
This section was cited as illustrative of service of process by registered mail. Blauvelt v. Beck, 162 Neb. 576, 76 N.W.2d 738 (1956).
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-1661 - Jurors; appearance; failure to appear or serve without good cause; contempt of court.

25-1661.
Jurors; appearance; failure to appear or serve without good cause; contempt of court.
(1) Each grand juror and petit juror summoned shall appear before the court on the day and at the hour specified in the summons or as further directed by the court.
(2) Any person summoned for jury service who fails to appear or to complete jury service as directed may be ordered by the court to appear forthwith and show cause for such failure to comply with the summons. If such person fails to show good cause for noncompliance with the summons, he or she shall be guilty of contempt of court.
(3) No person shall be guilty of contempt of court under this section for failing to respond to a summons sent:
(a) By first-class mail, if sent pursuant to a one-step qualifying and summoning system, and if the person has (i) returned a juror qualification form and the jury commissioner has determined that such person is not qualified; (ii) been excused from jury service; or (iii) had his or her jury service postponed; or
(b) Through a jury management system.
Source
R.S.1867, Code § 663, p. 511;
R.S.1913, § 8142;
C.S.1922, § 9077;
C.S.1929, § 20-1607;
R.S.1943, (2016), § 25-1607;
Laws 2020, LB387, § 18.
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-1662 - Petit jury for subsequent periods; how drawn; how notified.

25-1662.
Petit jury for subsequent periods; how drawn; how notified.
Subsequent panels of petit jurors shall be called as the judge or judges may determine during the jury term. If it is determined that a subsequent panel or panels are necessary, the judge or judges, as the case may be, shall order the jury commissioner to draw by chance such number of potential jurors as such judge or judges shall direct as petit jurors for such subsequent jury panel. The persons so drawn shall be notified or summoned the same as those drawn for the regular jury panel under section 25-1656.
Source
Laws 1915, c. 248, § 8, p. 571;
C.S.1922, § 9102;
C.S.1929, § 20-1632;
R.S.1943, § 25-1632;
Laws 1953, c. 71, § 1, p. 222;
Laws 1953, c. 72, § 11(1), p. 231;
R.S.1943, (2016), § 25-1632;
Laws 2020, LB387, § 19.
Annotations
Trial courts are ordered to discontinue the practice of conducting jury selection on one day for all of the trials scheduled during a monthly term. State v. Cisneros, 248 Neb. 372, 535 N.W.2d 703 (1995).
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-1663 - Petit jury; examination by judge; excess jurors.

25-1663.
Petit jury; examination by judge; excess jurors.
The judge shall examine all jurors who appear for jury service. If, after all excuses have been allowed, there remain more than twenty-four petit jurors for each judge sitting with a jury who are qualified and not excluded by the terms of section 25-1650, the court may excuse by lot such number in excess of twenty-four as the court may see fit. Those jurors who have been discharged in excess of twenty-four for each judge, but are qualified, shall not be discharged permanently, but shall remain subject to be resummoned for jury service upon the same jury panel.
Source
Laws 1915, c. 248, § 7, p. 570;
C.S.1922, § 9101;
C.S.1929, § 20-1631;
Laws 1939, c. 18, § 16, p. 107;
C.S.Supp.,1941, § 20-1631;
R.S.1943, § 25-1631;
Laws 1953, c. 72, § 10(4), p. 231;
Laws 1979, LB 234, § 10;
R.S.1943, (2016), § 25-1631.03;
Laws 2020, LB387, § 20.
Annotations
Objection to jury panel on ground there were not 24 jurors for each judge was not sustained. Bell v. State, 159 Neb. 474, 67 N.W.2d 762 (1954).
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-1664 - Petit jury; special jury panel in criminal cases.

25-1664.
Petit jury; special jury panel in criminal cases.
Whenever there is pending in the criminal court any case in which the defendant is charged with a felony and the judge holding the court is convinced from the circumstances of the case that a jury cannot be obtained from the regular jury panel to try the case, the judge may, in his or her discretion, prior to the day fixed for the trial of the case, direct the jury commissioner to draw, in the same manner as described in section 25-1656, such number of names as the judge or judges may direct as a special jury panel from which a jury may be selected to try such case, which jury panel shall be summoned for such day in the same manner as the regular jury panel.
Source
Laws 1915, c. 248, § 8, p. 571;
C.S.1922, § 9102;
C.S.1929, § 20-1632;
R.S.1943, § 25-1632;
Laws 1953, c. 72, § 11(2), p. 232;
R.S.1943, (2016), § 25-1632.01;
Laws 2020, LB387, § 21.