reglab/statecodes huggingface dataset:
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-537 - Service outside state.

25-537.
Service outside state.
When the exercise of personal jurisdiction is authorized by sections 25-535 to 25-541, service may be made outside this state.
Source
Laws 1967, c. 143, § 3, p. 439.
Annotations
Unless defendant transacts some business in Nebraska, jurisdiction over him may not be obtained hereunder by service outside the state. Conner v. Southern, 186 Neb. 164, 181 N.W.2d 446 (1970).
Concept of due process in Nebraska's long-arm statute is at least as broad as the constitutional standard of due process. Pioneer Ins. Co. v. Gelt, 558 F.2d 1303 (8th Cir. 1977).
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-538 - Action in another forum; stay or dismissal of action.

25-538.
Action in another forum; stay or dismissal of action.
When the court finds that in the interest of substantial justice the action should be heard in another forum, the court may stay or dismiss the action in whole or in part on any conditions that may be just.
Source
Laws 1967, c. 143, § 4, p. 439.
Annotations
Trial court did not abuse its discretion in refusing to dismiss case on basis of forum non conveniens. Woodmen of the World Life Ins. Soc. v. Kight, 246 Neb. 619, 522 N.W.2d 155 (1994).
The district court considered the public interest factors of forum non conveniens and dismissed the plaintiff's action, concluding that New York was a better forum. However, the district court failed to also consider the unique circumstances of the case, namely, that a New York court had already dismissed the plaintiff's case because it determined that the case should be heard in Nebraska pursuant to a forum selection clause in the parties' contract; the New York court did not address the public interest factors of forum non conveniens in its decision. Given the unique circumstances, rather than dismissing the action, the district court should have stayed the action on the condition that the case is filed in and accepted by the New York courts. Milmar Food Group II v. Applied Underwriters, 29 Neb. App. 714, 958 N.W.2d 920 (2021).
Where diverse parties to a contract have agreed in writing that the defendant will assume the burden of litigating an action on the contract in the plaintiff's home jurisdiction, and where there is no evidence of fraud or duress or any other action by the plaintiff that would retroactively render void the contractual forum selection, this section does not authorize a court to arbitrarily amend the contract by nullifying the forum selection clause and reassigning to the plaintiff the burden of litigating an action on the contract in a foreign jurisdiction. Woodmen of the World Life Ins. Soc. v. Walker, 1 Neb. App. 882, 510 N.W.2d 439 (1993).
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-539 - Jurisdiction authorized.

25-539.
Jurisdiction authorized.
A court of this state may exercise jurisdiction on any other basis authorized by law.
Source
Laws 1967, c. 143, § 5, p. 440.
Annotations
In personam jurisdiction may be acquired over a nonresident defendant in a divorce action by extra-territorial personal service of process made in accordance with a statute of this state if there exists sufficient contacts between the defendant and this state relevant to the cause of action to satisfy traditional notions of fair play and substantive justice. In this case, defendant's last marital domicile was in Nebraska and no showing was made that it was later superseded by a new domicile. Stucky v. Stucky, 186 Neb. 636, 185 N.W.2d 656 (1971).
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-540 - Service outside state; manner.

25-540.
Service outside state; manner.
(1) When the law of this state authorizes service outside this state, the service, when reasonably calculated to give actual notice, may be made:
(a) In the manner prescribed for service within this state;
(b) In the manner prescribed by the law of the place in which the service is made for service in that place in an action in any of its courts of general jurisdiction;
(c) As directed by the foreign authority in response to a letter rogatory; or
(d) As directed by the court.
(2) Proof of service outside this state may be made by affidavit of the individual who made the service or in the manner prescribed by the law of this state, the order pursuant to which the service is made, or the law of the place in which the service is made for proof of service in an action in any of its courts of general jurisdiction.
Source
Laws 1967, c. 143, § 6, p. 440;
Laws 1983, LB 447, § 36.
Cross References
Workers' compensation cases, additional nonresident jurisdiction and method of proof of service exists, see section 48-175.01.
Annotations
When service of process is made outside of the state by mail, proof of service shall include a receipt signed by the addressee or other evidence of personal delivery to the addressee satisfactory to the court. Lydick v. Smith, 201 Neb. 45, 266 N.W.2d 208 (1978).
Proof of service by mail must include a receipt signed by the addressee, or other satisfactory evidence of personal delivery, and an affidavit to be considered on appeal must be offered in evidence and preserved in the bill of exceptions. Anderson v. Autocrat Corp., 194 Neb. 278, 231 N.W.2d 560 (1975).
Where affidavit showed service personally upon defendant Reiff individually and as district manager of defendant corporation, and by certified mail, return receipt requested upon individual defendants in their office in Morton, Illinois, together with return receipts showing that copies of summons and complaint were served upon each, the process was in conformity with this section. Morton Buildings of Nebraska, Inc. v. Morton Buildings, Inc., 333 F.Supp. 187 (D. Neb. 1971).
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-541 - Sections, how construed.

25-541.
Sections, how construed.
Sections 25-535 to 25-541 do not repeal or modify any other law of this state permitting another procedure for service.
Source
Laws 1967, c. 143, § 7, p. 440.
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-542 - Service of process; applicability.

25-542.
Service of process; applicability.
Unless specifically provided to the contrary or the context otherwise requires, the provisions of Chapter 25, article 5, on service of process, as such provisions may from time to time be amended, shall apply to all civil proceedings in all courts of this state and to all proceedings under any statute which refers to or incorporates the general provisions on process or service of process.
Source
Laws 1983, LB 447, § 37.
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-602 - Dismissal without prejudice; by plaintiff in vacation; exceptions; payment of costs.

25-602.
Dismissal without prejudice; by plaintiff in vacation; exceptions; payment of costs.
The plaintiff in any case pending in the district court or Supreme Court of the state, when no counterclaim or setoff has been filed by the opposite party, has the right in the vacation of any of such courts to dismiss such action without prejudice, upon payment of costs, which dismissal shall be, by the clerk of any of such courts, entered upon the record and take effect from and after the date thereof.
Source
Laws 1867, § 1, p. 51;
R.S.1913, § 7655;
C.S.1922, § 8599;
C.S.1929, § 20-602;
R.S.1943, § 25-602;
Laws 2018, LB193, § 9.
Annotations
No case addressing the right of a party to dismiss pursuant to section 25-601 has required the party to pay costs pursuant to this section. Without a motion for attorney fees pending, such fees would not be a part of the costs to be paid under either section 25-601 or this section. Kansas Bankers Surety Co. v. Halford, 263 Neb. 971, 644 N.W.2d 865 (2002).
Plaintiff had right to dismiss without prejudice to take advantage of amended statute on venue of action. Grosc v. Bredthauer, 136 Neb. 43, 284 N.W. 869 (1939).
Dismissal after final submission of case must be by order of court entered on journal. Knaak v. Brown, 115 Neb. 260, 212 N.W. 431 (1927).
Filing petition for appointment of administrator is not an "action." In re Estate of Glover, 104 Neb. 151, 175 N.W. 1017 (1920).
Section is applicable to election contest; cannot set aside dismissal without notice to contestant, to allow another to intervene. Moore v. Waddington, 69 Neb. 615, 96 N.W. 279 (1903).
Dismissal before appearance by defendant ends case. Sims v. Davis, 48 Neb. 720, 67 N.W. 765 (1896).
Right to dismiss is not absolute, but depends upon payment of costs. Sheedy v. McMurtry, 44 Neb. 499, 63 N.W. 21 (1895).
After case is submitted, power to dismiss without prejudice ceases. Sharp v. Brown, 34 Neb. 406, 51 N.W. 1030 (1892).
Where there is no setoff or counterclaim, and costs are paid, court cannot at next term permit intervention. Harris v. Cronk, 17 Neb. 475, 23 N.W. 341 (1885).
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-603 - Dismissal without prejudice; trial on setoff or counterclaim.

25-603.
Dismissal without prejudice; trial on setoff or counterclaim.
In any case where a setoff or counterclaim has been presented, the defendant shall have the right of proceeding to the trial of his claim, although the plaintiff may have dismissed the action or failed to appear.
Source
R.S.1867, Code § 431, p. 465;
R.S.1913, § 7656;
C.S.1922, § 8600;
C.S.1929, § 20-603;
R.S.1943, § 25-603.
Annotations
A cross-appeal is an appeal perfected by a second party to the action filed subsequent to a prior appeal by an adverse party. Gebhart v. Tri-State G. & T. Assn., 181 Neb. 457, 149 N.W.2d 41 (1967).
Where a setoff or counterclaim has been presented, a defendant has the right to proceed to trial on his claim, although plaintiff may have dismissed his action. Giesler v. City of Omaha, 175 Neb. 706, 123 N.W.2d 650 (1963).
Dismissal of counterclaim did not prevent plaintiff from proceeding on set-off against same. Feight v. Mathers, 153 Neb. 839, 46 N.W.2d 492 (1951).
Where plaintiff in action to foreclose first mortgage dismissed case before final submission, a defendant filing a cross-petition for foreclosure of second mortgage is entitled to trial of his cross-complaint. Plattsmouth Loan & Bldg. Assn. v. Sedlak, 128 Neb. 509, 259 N.W. 367 (1935).
Plaintiff has no right to dismiss as to defendants who have pleaded facts entitling them to affirmative relief. Toop v. Palmer, 108 Neb. 850, 189 N.W. 394 (1922).
Plaintiff on appeal to district court cannot by dismissing action defeat judgment on set-off below. Hess v. Hess, 78 Neb. 347, 110 N.W. 999 (1907).
Right of plaintiff to dismiss without prejudice does not affect the right of defendant to proceed to trial on cross-petition. Adams v. Osgood, 55 Neb. 766, 76 N.W. 446 (1898).
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-703 - Consolidation of actions; motion and notice.

25-703.
Consolidation of actions; motion and notice.
Whenever two or more actions are pending in the same court which might have been joined, the defendant may, on motion and notice to the adverse party, require him to show cause why the same shall not be consolidated, and if no such cause be shown, the said several actions shall be consolidated.
Source
R.S.1867, Code § 150, p. 416;
R.S.1913, § 7659;
C.S.1922, § 8603;
C.S.1929, § 20-703;
R.S.1943, § 25-703.
Annotations
If the plaintiff does not choose to unite several causes of action in one petition and the defendant does not successfully require joinder, there is no legal requirement that distinct causes of action be joined in one suit. Suhr v. City of Scribner, 207 Neb. 24, 295 N.W.2d 302 (1980).
Right of consolidation under this section is dependent upon an application by a defendant. Bruno v. Kramer, 176 Neb. 597, 126 N.W.2d 885 (1964).
Two or more actions pending in the same court which might have been joined, may, upon application, be consolidated. Peters v. Meyer, 131 Neb. 847, 270 N.W. 312 (1936).
Consolidating actions for trial is inherent power of equity court. Butler v. Secrist, 84 Neb. 85, 120 N.W. 1109 (1909).
Where plaintiffs who should have joined bring separate actions, motion to consolidate is proper. Downey v. Coykendall, 81 Neb. 648, 116 N.W. 503 (1908).
Actions must be such as might have been joined. Weeks v. Wheeler, 41 Neb. 200, 59 N.W. 554 (1894).
Plaintiff is not required to join distinct claims in one action but may be required to consolidate actions. Beck v. Devereaux, 9 Neb. 109, 2 N.W. 365 (1879).
Five actions on separate policies and an action to enjoin encumbrances on three more policies may be consolidated. Equitable Life Assur. Soc. v. Wert, 102 F.2d 10 (8th Cir. 1939).
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-704 - Consolidation of actions; order.

25-704.
Consolidation of actions; order.
The order for consolidation may be made by the court or by a judge thereof in vacation.
Source
R.S.1867, Code § 151, p. 417;
R.S.1913, § 7660;
C.S.1922, § 8604;
C.S.1929, § 20-704;
R.S.1943, § 25-704.
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-705 - Joinder; procedures; misjoinder.

25-705.
Joinder; procedures; misjoinder.
(1) This section applies when an action involves multiple parties or more than one cause of action.
(2) A plaintiff or defendant need not be interested in obtaining or defending against all the relief demanded. Judgment may be given for one or more of the plaintiffs according to their respective rights to relief and against one or more of the defendants according to their respective liabilities.
(3) The court may make such orders as will prevent a party from being embarrassed, delayed, or put to expense by the inclusion of a party against whom the party asserts no claim and who asserts no claim against the party and may order separate trials or make other orders to prevent delay or prejudice.
(4) Persons other than those made parties to the original action may be made parties to a counterclaim or cross-claim in accordance with section 25-311 or 25-320.
(5) Misjoinder of parties is not ground for dismissal of an action. Parties may be dropped or added by order of the court on motion of any party or of its own initiative at any stage of the action and on such terms as are just. Any claim against a party may be severed and proceeded with separately.
Source
Laws 1998, LB 234, § 4;
Laws 1999, LB 43, § 2;
Laws 2000, LB 921, § 4.
Annotations
Pursuant to this section, an order that adjudicates the rights and liabilities of fewer than all the parties will constitute a final, appealable order only if the trial court expressly directs the entry of a final judgment as to the party or parties adjudicated and expressly determines that there is no just reason for delay. Scottsdale Ins. Co. v. City of Lincoln, 260 Neb. 372, 617 N.W.2d 806 (2000).
Where multiple causes of action are alleged, the resolution of one cause of action constitutes a final, appealable order only if the trial court expressly directs the entry of a final judgment on that one issue and expressly determines that there is no just reason for delay. Chief Indus., Inc. v. Great Northern Ins. Co., 259 Neb. 771, 612 N.W.2d 225 (2000).
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-801.01 - Rules of pleading; Supreme Court; promulgate.

25-801.01.
Rules of pleading; Supreme Court; promulgate.
(1) By January 1, 2003, the Supreme Court shall have rules of pleading in civil actions promulgated which are not in conflict with the statutes governing such matters.
(2) For all civil actions filed on or after January 1, 2003:
(a) The rules of pleading promulgated by the Supreme Court shall apply;
(b) The plaintiff's initial pleading shall be a petition when that designation is provided elsewhere by statutes. In all other civil actions the plaintiff's initial pleading shall be a complaint;
(c) The cross-petition, cross-bill, and cross-suit are abolished. Demurrers to a pleading and special appearances shall not be used. The plea in bar, plea in abatement, and other dilatory pleas shall not be used in civil actions; and
(d) All pleadings shall be construed as to do substantial justice.
Source
Laws 2002, LB 876, § 1.
Annotations
Pleas in abatement are not provided for in civil actions. State ex rel. Comm. on Unauth. Prac. of Law v. Hansen, 286 Neb. 69, 834 N.W.2d 793 (2013).
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-824.01 - Frivolous actions; attorney's fees; costs; determination of amount.

25-824.01.
Frivolous actions; attorney's fees; costs; determination of amount.
In determining the amount of a cost or an attorney's fee award pursuant to subsection (2) of section 25-824, the court shall exercise its sound discretion. When granting an award of costs and attorney's fees, the court shall specifically set forth the reasons for such award and shall, in determining whether to assess attorney's fees and costs and the amount to be assessed against offending attorneys and parties, consider the following factors, including, but not limited to: (1) The extent to which any effort was made to determine the validity of any action or claim before the action was asserted; (2) the extent of any effort made after the commencement of an action to reduce the number of claims or defenses being asserted or to dismiss claims or defenses that have been found not to be valid; (3) the availability of facts to assist the party to determine the validity of a claim or defense; (4) the relative financial position of the parties involved; (5) whether or not the action was prosecuted or defended in whole or in part in bad faith; (6) whether or not issues of fact, determinative of the validity of a party's claim or defense, were reasonably in conflict; (7) the extent to which the party prevailed with respect to the amount of and number of claims in controversy; (8) the amount or conditions of any offer of judgment or settlement in relation to the amount or conditions of the ultimate relief granted by the court; (9) the extent to which a reasonable effort was made to determine prior to the time of filing of a claim that all parties sued or joined were proper parties owing a legally defined duty to the plaintiff or defendant; and (10) the extent of any effort made after the commencement of an action to reduce the number of parties in the action.
Source
Laws 1987, LB 261, § 2.
Annotations
The two requirements of this section, one mandating a court to specifically set forth the reasons for the award and the other requiring the court to consider enumerated factors, are separate and distinct. White v. Kohout, 286 Neb. 700, 839 N.W.2d 252 (2013).
In determining whether to assess attorney fees and costs and the amount to be assessed against offending attorneys and parties, the court considers a number of factors, including, but not limited to, the 10 factors listed in this section. In re Guardianship of Aimee S., 26 Neb. App. 380, 920 N.W.2d 18 (2018).
Nebraska's statutory scheme requires the trial court to "exercise its sound discretion" in determining whether to award attorney fees, and whether a claim or defense was made in bad faith is but one factor to be considered by the trial court. Harrington v. Farmers Union Co-op. Ins. Co., 13 Neb. App. 484, 696 N.W.2d 485 (2005).
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-824.02 - Frivolous actions; actual attorney's fee; effect of award; stipulations authorized.

25-824.02.
Frivolous actions; actual attorney's fee; effect of award; stipulations authorized.
Nothing in sections 25-824 to 25-824.03 shall be construed to prevent an attorney and his or her client from negotiating the actual fee which the client is to pay the attorney. Nothing in such sections shall be intended to limit the authority of the court to approve written stipulations filed with the court or oral stipulations in open court agreeing to no award of attorney's fees or costs or an award of attorney's fees or costs in a manner different than that provided in such sections.
Source
Laws 1987, LB 261, § 3.
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-824.03 - Frivolous actions; applicability of sections.

25-824.03.
Frivolous actions; applicability of sections.
Sections 25-824 to 25-824.03 shall apply unless attorney's fees are otherwise specifically provided by law, in which case the provision allowing the greater award shall prevail.
Source
Laws 1987, LB 261, § 4.
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-839 - Libel or slander; how sufficiently pleaded; burden of proof.

25-839.
Libel or slander; how sufficiently pleaded; burden of proof.
In an action for a libel or slander it shall be sufficient to state, generally, that the defamatory matter was published or spoken of the plaintiff, and if the allegation be denied, the plaintiff must prove on the trial the facts, showing that the defamatory matter was published or spoken of him.
Source
R.S.1867, Code § 131, p. 414;
R.S.1913, § 7699;
C.S.1922, § 8643;
C.S.1929, § 20-839;
R.S.1943, § 25-839.
Annotations
In an action for a libel or slander it shall be sufficient to state, generally, that the defamatory matter was published or spoken of the plaintiff, and if the allegation is denied, the plaintiff must prove on the trial the facts, showing that the defamatory matter was published or spoken of him. White v. Ardan, Inc., 230 Neb. 11, 430 N.W.2d 27 (1988).
Words to be slanderous per se must not only charge an offense which is actionable, but also the nature thereof. Nelson v. Rosenberg, 135 Neb. 34, 280 N.W. 229 (1938).
Writing libelous per se defined. Bigley v. National Fid. & Casualty Co., 94 Neb. 813, 144 N.W. 810 (1913).
Where publication is not libelous per se, special damages must be pleaded. Callfas v. World Pub. Co., 93 Neb. 108, 139 N.W. 830 (1913).
It is not necessary in action for slander to allege the name of the person to whom the words were spoken. Fitzgerald v. Young, 89 Neb. 693, 132 N.W. 127 (1911).
This section abrogates common law rule requiring facts and circumstances to be stated, connecting plaintiff with publication. Sheibley v. Huse, 75 Neb. 811, 106 N.W. 1028 (1906).
Words imputing indictable offense are actionable per se. Herzog v. Campbell, 47 Neb. 370, 66 N.W. 424 (1896).
Words should be given their natural and ordinary meaning. World Pub. Co. v. Mullen, 43 Neb. 126, 61 N.W. 108 (1894).
Words, which in effect charge embezzlement, are libelous per se and special damage need not be alleged. Pokrok Zapadu Pub. Co. v. Zizkovsky, 42 Neb. 64, 60 N.W. 358 (1894).
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-840 - Libel or slander; truth as defense; effect of actual malice.

25-840.
Libel or slander; truth as defense; effect of actual malice.
In the actions mentioned in section 25-839, the defendant may allege the truth of the matter charged as defamatory, prove the same and any mitigating circumstances to reduce the amount of damages, or prove either. The truth in itself and alone shall be a complete defense unless it shall be proved by the plaintiff that the publication was made with actual malice. Actual malice shall not be inferred or presumed from publication.
Source
R.S.1867, Code § 132, p. 414;
R.S.1913, § 7700;
C.S.1922, § 8644;
C.S.1929, § 20-840;
R.S.1943, § 25-840;
Laws 1957, c. 83, § 1, p. 329.
Annotations
A defendant's allegedly defamatory statement being true is a complete defense to a claim of defamation unless the plaintiff proves the statement was made with actual malice. Choice Homes v. Donner, 311 Neb. 835, 976 N.W.2d 187 (2022).
In an action for libel or slander, a defendant may allege the truth of the matter charged as defamatory. The truth in itself and alone shall be a complete defense unless it shall be proved by the plaintiff that the publication was made with actual malice. Actual malice shall not be inferred or presumed from publication. White v. Ardan, Inc., 230 Neb. 11, 430 N.W.2d 27 (1988).
As a general rule, in a case of alleged libel or slander, truth is a complete defense absent proof of actual malice. Turner v. Welliver, 226 Neb. 275, 411 N.W.2d 298 (1987).
For failure to allege, as ordered by the court, whether or not publication was malicious and whether defendant gave notice and requested correction, the petition was properly dismissed. Vodehnal v. Grand Island Daily Independent, 191 Neb. 836, 218 N.W.2d 220 (1974).
Plaintiff has burden of proving actual malice. Whitcomb v. Nebraska State Education Assn., 184 Neb. 31, 165 N.W.2d 99 (1969).
Defendant cannot prove truth of defamatory charge under general denial. Murten v. Garbe, 93 Neb. 589, 141 N.W. 146 (1913).
In action for libel, truth is not complete defense; good motives, etc., are necessary. Sheibley v. Fales, 81 Neb. 795, 116 N.W. 1035 (1908); Pokrok Zapadu Pub. Co. v. Zizkovsky, 42 Neb. 64, 60 N.W. 358 (1894).
Insofar as slander is concerned, truth is complete defense. Larson v. Cox, 68 Neb. 44, 93 N.W. 1011 (1903).
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-840.01 - Libel; invasion of privacy; damages; retraction; effect.

25-840.01.
Libel; invasion of privacy; damages; retraction; effect.
(1) In an action for damages for the publication of a libel or for invasion of privacy as provided by section 20-204 by any medium, the plaintiff shall recover no more than special damages unless correction was requested as herein provided and was not published. Within twenty days after knowledge of the publication, plaintiff shall have given each defendant a notice by certified or registered mail specifying the statements claimed to be libelous or to have invaded privacy as provided by section 20-204 and specifically requesting correction. Publication of a correction shall be made within three weeks after receipt of the request. It shall be made in substantially as conspicuous a manner as the original publication about which complaint was made. A correction, published prior to receipt of a request therefor, shall have the same force and effect as if published after such request. The term special damages, as used in this section, shall include only such damages as plaintiff alleges and proves were suffered in respect to his or her property, business, trade, profession, or occupation as the direct and proximate result of the defendant's publication.
(2) This section shall not apply if it is alleged and proved that the publication was prompted by actual malice, and actual malice shall not be inferred or presumed from the publication.
Source
Laws 1957, c. 83, § 2, p. 329;
Laws 1979, LB 394, § 12;
Laws 1987, LB 93, § 8.
Annotations
The plaintiff's failure to request a retraction under this section constitutes an affirmative defense which must be raised by the defendant prior to trial. Funk v. Lincoln-Lancaster Cty. Crime Stoppers, 294 Neb. 715, 885 N.W.2d 1 (2016).
For failure to allege, as ordered by the court, whether or not publication was malicious and whether defendant gave notice and requested correction, the petition was properly dismissed. Vodehnal v. Grand Island Daily Independent, 191 Neb. 836, 218 N.W.2d 220 (1974).
Where no attempt to comply with this section made, assumption is that cause of action predicated on actual malice. Whitcomb v. Nebraska State Education Assn., 184 Neb. 31, 165 N.W.2d 99 (1969).
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-840.02 - Broadcasting stations; liability.

25-840.02.
Broadcasting stations; liability.
(1) The owner, licensee, or operator of a visual or sound radio broadcasting station or network of stations, and the agents or employees of any such owner, licensee, or operator, shall not be liable for any damages for any defamatory statement published or uttered in or as a part of a visual or sound radio broadcast, by any person other than such owner, licensee, or operator, or an agent or employee thereof, unless it is alleged and proved by the complaining party that such owner, licensee, or operator, or such agent or employee, has failed to exercise due care to prevent the publication or utterance of such statement in such broadcast.
(2) In no event shall any owner, licensee, or operator, or an agent or employee thereof, be held liable for any damages for any defamatory statement uttered over the facilities of the visual or sound radio broadcasting station or network by any person other than such owner, licensee, or operator, or an agent or employee thereof, by, on behalf of, or against any candidate for public office.
(3) In any action for damages for any defamatory statement published or uttered in or as a part of a visual or sound radio broadcast, the complaining party shall be allowed only such actual damages as such party has alleged and proved.
Source
Laws 1949, c. 316, § 1, p. 1037;
R.S.1943, (1999), § 86-601;
Laws 2002, LB 1105, § 420.
Cross References
Limitation on cause of action, see section 20-209.
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-902 - Offer of judgment; no cause for continuance or postponement.

25-902.
Offer of judgment; no cause for continuance or postponement.
The making of an offer pursuant to the provisions contained in section 25-901 shall not be a cause for a continuance of an action, or a postponement of a trial.
Source
R.S.1867, Code § 566, p. 493;
R.S.1913, § 7718;
C.S.1922, § 8662;
C.S.1929, § 20-902;
R.S.1943, § 25-902.
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-903 - Submitting controversy without action; procedure.

25-903.
Submitting controversy without action; procedure.
Parties to a question which might be the subject of a civil action may without action agree upon a case containing the facts upon which the controversy depends, and present a submission of the same to any court which would have jurisdiction if an action had been brought. But it must appear by affidavit that the controversy is real, and the proceedings in good faith, to determine the rights of the parties. The court shall, thereupon, hear and determine the case, and render judgment as if an action were pending.
Source
R.S.1867, Code § 567, p. 493;
R.S.1913, § 7719;
C.S.1922, § 8663;
C.S.1929, § 20-903;
R.S.1943, § 25-903.
Cross References
For declaratory judgments, see sections 25-21,149 to 25-21,164.
Annotations
If interests are adverse, case is not moot, though it is friendly suit. State v. First Catholic Church of Lincoln, 88 Neb. 2, 128 N.W. 657 (1910).
It is the duty of Supreme Court to act when controversy is submitted under this section. In re Groff, 21 Neb. 647, 33 N.W. 426 (1887).
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-904 - Record; what constitutes.

25-904.
Record; what constitutes.
The case, the submission and the judgment shall constitute the record.
Source
R.S.1867, Code § 568, p. 494;
R.S.1913, § 7720;
C.S.1922, § 8664;
C.S.1929, § 20-904;
R.S.1943, § 25-904.
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-905 - Judgment; effect.

25-905.
Judgment; effect.
The judgment shall be with costs, may be enforced, and shall be subject to reversal, in the same manner as if it had been rendered in an action, unless otherwise provided in the submission.
Source
R.S.1867, Code § 569, p. 494;
R.S.1913, § 7721;
C.S.1922, § 8665;
C.S.1929, § 20-905;
R.S.1943, § 25-905.
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-906 - Confession of judgment after action brought; effect.

25-906.
Confession of judgment after action brought; effect.
After an action for the recovery of money is brought, the defendant may offer in court to confess judgment for part of the amount claimed, or part of the causes involved in the action. Whereupon, if the plaintiff, being present, refuses to accept such confession of judgment in full of his demands against the defendant in the action, or, having had such notice that the offer would be made, of its amount and of the time of making it, as the court shall deem reasonable, fail to attend, and on the trial do not recover more than was so offered to be confessed, such plaintiff shall pay all the costs of the defendant incurred after the offer. The offer shall not be deemed to be an admission of the cause of action or amount to which the plaintiff is entitled, nor be given in evidence upon the trial.
Source
R.S.1867, Code § 570, p. 494;
R.S.1913, § 7722;
C.S.1922, § 8666;
C.S.1929, § 20-906;
R.S.1943, § 25-906.
Annotations
In order that a confession of judgment may be binding on the plaintiff, it is essential that he, either expressly or impliedly, assent thereto; if it is made without his request, knowledge, or consent, and entered at the instance of the debtor alone, it will have no validity unless the creditor ratifies or accepts it. In re Estate of Redpath, 224 Neb. 845, 402 N.W.2d 648 (1987).
No compliance was had with requirements for confession of judgment. James v. Hogan, 154 Neb. 306, 47 N.W.2d 847 (1951).
An offer to confess judgment, incorporated in an answer, should not be referred to in the instructions. Hammang v. Chicago & N.W. Ry. Co., 107 Neb. 684, 186 N.W. 991 (1922).
Offer must be made in open court or served on plaintiff though filed. Rose v. Peck, 18 Neb. 529, 26 N.W. 363 (1886).
This section is not applicable to proceedings in ad quod damnum. Johnson v. Sutliff, 17 Neb. 423, 23 N.W. 9 (1885).
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-907 - Confession of judgment before action brought; effect.

25-907.
Confession of judgment before action brought; effect.
Before an action for the recovery of money is brought against any person, he may go into the court of the county of his residence, or of that in which the person having the cause of action resides, which would have jurisdiction of the action, and offer to confess judgment in favor of such person for a specified sum on such cause of action. Whereupon, if such person, having had such notice that the offer would be made, of its amount and of the time and place of making it, as the court shall deem reasonable, does not attend to accept the confession, or attending, refuses to accept it, and should afterward commence an action upon such cause, and not recover more than the amount so offered to be confessed, he shall pay all the costs of the action; and on the trial thereof, the offer shall not be deemed to be an admission of the cause of action or amount to which the plaintiff is entitled, nor be given in evidence.
Source
R.S.1867, Code § 571, p. 494;
R.S.1913, § 7723;
C.S.1922, § 8667;
C.S.1929, § 20-907;
R.S.1943, § 25-907.
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-908 - Motion, defined.

25-908.
Motion, defined.
A motion is an application for an order addressed to the court or a judge in vacation, by any party to a suit or proceeding, or one interested therein.
Source
R.S.1867, Code § 572, p. 495;
R.S.1913, § 7724;
C.S.1922, § 8668;
C.S.1929, § 20-908;
R.S.1943, § 25-908.
Annotations
Application or motion to set aside order vacating decree of divorce, and to reinstate decree, was after the term and required notice. Carmony v. Carmony, 112 Neb. 651, 200 N.W. 830 (1924).
Application for deficiency judgment may be made by motion. Crary v. Buck, 1 Neb. Unof. 596, 95 N.W. 839 (1901).
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-909 - Motion; several objects authorized.

25-909.
Motion; several objects authorized.
Several objects may be included in the same motion, if they all grow out of or are connected with the action or proceeding in which it is made.
Source
R.S.1867, Code § 573, p. 495;
R.S.1913, § 7725;
C.S.1922, § 8669;
C.S.1929, § 20-909;
R.S.1943, § 25-909.
Cross References
Motion for a directed verdict, see sections 25-1315.01 to 25-1315.03.
Motion for new trial, see section 25-1315.02 et seq.
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-910 - Notice of motion; contents.

25-910.
Notice of motion; contents.
Where notice of a motion is required, it must be in writing and shall state (1) the names of the parties to the action or proceeding in which it is to be made, (2) the name of the court or judge before whom it is to be made, (3) the place where and the day on which it will be heard, (4) the nature and terms of the order or orders to be applied for, and (5) if affidavits are to be used on the hearing, the notice shall state that fact. It shall be served a reasonable time before the hearing.
Source
R.S.1867, Code § 574, p. 495;
R.S.1913, § 7726;
C.S.1922, § 8670;
C.S.1929, § 20-910;
R.S.1943, § 25-910.
Annotations
Orders for alimony may be modified for good cause shown but nunc pro tunc decree entered without notice is a nullity. Howard v. Howard, 196 Neb. 351, 242 N.W.2d 884 (1976).
Application or motion to set aside order vacating decree of divorce, and to reinstate decree, was after the term and required notice. Carmony v. Carmony, 112 Neb. 651, 200 N.W. 830 (1924).
Notice not under seal of court is process in nature of summons. Fowler v. Brown, 51 Neb. 414, 71 N.W. 54 (1897).
What is reasonable notice stated. Sterling Mfg. Co. v. Hough, 49 Neb. 618, 68 N.W. 1019 (1896).
This section requires that when notice of a motion is required and if affidavits are to be used on the hearing, the notice shall state that fact. Galaxy Telecom v. SRS, Inc., 13 Neb. App. 178, 689 N.W.2d 866 (2004).
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-913 - Motion to strike pleadings and papers from files; notice, when.

25-913.
Motion to strike pleadings and papers from files; notice, when.
Motions to strike pleadings and papers from the files may be made with or without notice, as the court or judge shall direct.
Source
R.S.1867, Code § 577, p. 495;
R.S.1913, § 7729;
C.S.1922, § 8673;
C.S.1929, § 20-913;
R.S.1943, § 25-913.
Annotations
Motions to strike filed under this section are aimed at petitions filed in violation of a court's order or a rule of practice or procedure prescribed either by statute or by the court in which the petition is filed. Motions to strike under this section may also be filed when a party declines to amend the petition or refuses to follow the court's orders. Nuss ex rel. Estate of Nuss v. Alexander, 257 Neb. 36, 595 N.W.2d 263 (1999).
A motion to strike a petition is not a substitute for a demurrer or a motion to strike or make more definite and certain, and may be directed only to a petition filed in violation of a court's order or a rule of practice or procedure prescribed either by statute or by the court in which the petition is filed. Hecker v. Ravenna Bank, 237 Neb. 810, 468 N.W.2d 88 (1991).
Petition may be stricken on motion if fatal defects extend to the pleading as a whole, or if the plaintiff, in filing it, ignored an order of court. Ferson v. Armour & Co., 109 Neb. 648, 192 N.W. 125 (1923).
This section, as construed by the Supreme Court of Nebraska, applies in actions at law in federal courts, and petition failing to state cause of action may be stricken on motion. Jack v. Armour & Co., 291 F. 741 (8th Cir. 1923).
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-914 - Order, defined.

25-914.
Order, defined.
Every direction of a court or judge, made or entered in writing and not included in a judgment, is an order.
Source
R.S.1867, Code § 578, p. 495;
R.S.1913, § 7730;
C.S.1922, § 8674;
C.S.1929, § 20-914;
R.S.1943, § 25-914.
Annotations
A docket entry/journal entry contained in the "Judges Notes" constituted an interlocutory order disposing of the party's motion to alter or amend; it did not need to be a separate file-stamped document. Pearce v. Mutual of Omaha Ins. Co., 28 Neb. App. 410, 945 N.W.2d 516 (2020).
An unsigned journal entry without a file stamp can constitute an interlocutory order; but it cannot constitute a final, appealable order, particularly when it does not dispose of all issues. Pearce v. Mutual of Omaha Ins. Co., 28 Neb. App. 410, 945 N.W.2d 516 (2020).
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-915 - Orders out of court; record.

25-915.
Orders out of court; record.
Orders made out of court shall be forthwith entered by the clerk in the record of the court in the same manner as orders made in term.
Source
R.S.1867, Code § 579, p. 495;
R.S.1913, § 7731;
C.S.1922, § 8675;
C.S.1929, § 20-915;
R.S.1943, § 25-915;
Laws 2018, LB193, § 11.
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-1004 - Attachment; order; contents; service; manner.

25-1004.
Attachment; order; contents; service; manner.
The order of attachment shall (1) require the sheriff to attach the lands, tenements, goods, chattels, stocks, or interest in stocks, rights, credits, money, and effects of the defendant in his or her county not exempt by law from being applied to the payment of the plaintiff's claim, or so much thereof as will satisfy the amount stated in the order of attachment; (2) inform the defendant of his or her right to obtain redelivery of the property attached by executing a redelivery bond in accordance with sections 25-1009 and 25-1024; and (3) inform the defendant of his or her right under section 25-1040, to move to discharge the attachment after service of the order upon him or her and of the plaintiff's obligation under section 25-1041, to prove the grounds upon which the attachment order was issued by a preponderance of the evidence if such a motion to discharge is made.
The order of attachment shall be directed and delivered to the sheriff and shall be served on the defendant in any manner authorized by statute for service of a summons.
Source
R.S.1867, Code § 201, p. 426;
R.S.1913, § 7735;
C.S.1922, § 8679;
C.S.1929, § 20-1004;
R.S.1943, § 25-1004;
Laws 1980, LB 597, § 4.
Annotations
Indebtedness of maker upon promissory note, before maturity, is not the subject of attachment. Fisher v. O'Hanlon, 93 Neb. 529, 141 N.W. 157 (1913).
Writ is limited to seizure of property sufficient to satisfy amount plaintiff claims to be entitled to recover and probable costs. First Nat. Bank of Greenwood v. Van Doren, 68 Neb. 142, 93 N.W. 1017 (1903).
Stock owned by defendant in domestic corporation may be reached by garnishment. Farmers' & Merchants' Nat. Bank v. Mosher, 63 Neb. 130, 88 N.W. 552 (1901).
Order need not state nature of claim. Tessier v. Englehart & Co., 18 Neb. 167, 24 N.W. 734 (1885).
Order need not recite filing of affidavit and bond. Tessier v. Crowley, 16 Neb. 369, 20 N.W. 264 (1884).
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-1005 - Attachment; several and successive orders; issuance to several counties; costs; taxation.

25-1005.
Attachment; several and successive orders; issuance to several counties; costs; taxation.
Orders of attachment may be issued to the sheriffs of different counties; and several of them may, at the option of the plaintiff, be issued at the same time or in succession; but such only as have been executed shall be taxed in the costs, unless otherwise directed by the court.
Source
R.S.1867, Code § 202, p. 426;
R.S.1913, § 7736;
C.S.1922, § 8680;
C.S.1929, § 20-1005;
R.S.1943, § 25-1005.
Annotations
While order of attachment may issue to another county, garnishee summons cannot. Benedict v. T. L. V. Land & Cattle Co., 66 Neb. 236, 92 N.W. 210 (1902).
Several orders of attachment may be issued at the same time, or in succession; but in such case only a simple affidavit is necessary. Thompson v. Stetson, 15 Neb. 112, 17 N.W. 368 (1883).
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-1006 - Attachment; order; return day.

25-1006.
Attachment; order; return day.
The return day of the order of attachment, when issued at the commencement of the action, shall be the same as that of the summons; when issued afterwards, it shall be twenty days after it issued.
Source
R.S.1867, Code § 203, p. 426;
R.S.1913, § 7737;
C.S.1922, § 8681;
C.S.1929, § 20-1006;
R.S.1943, § 25-1006.
Annotations
Action commenced when petition is filed and summons issued is bona fide. Coffman v. Brandhoeffer, 33 Neb. 279, 50 N.W. 6 (1891).
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-1007 - Attachment; several orders against same defendant; time of service.

25-1007.
Attachment; several orders against same defendant; time of service.
When there are several orders of attachment against the same defendant, they shall be executed in the order in which they are received by the sheriff.
Source
R.S.1867, Code § 204, p. 426;
R.S.1913, § 7738;
C.S.1922, § 8682;
C.S.1929, § 20-1007;
R.S.1943, § 25-1007.
Annotations
First levy has priority. Moore v. Fedewa, 13 Neb. 379, 14 N.W. 170 (1882).
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-1009 - Attachment or garnishment; delivery of property to defendant or garnishee; conditions.

25-1009.
Attachment or garnishment; delivery of property to defendant or garnishee; conditions.
(1) The sheriff shall deliver the property attached to the person in whose possession it was found, and property or money seized in garnishment, to the defendant in the attachment proceedings, if the defendant be the true owner thereof, upon the delivery by such person, either to the sheriff at any time before the return of the sheriff of the attachment or garnishment process or to the clerk of the court, after the return by the sheriff to the court, of an undertaking to the plaintiff, with one or more sufficient sureties resident in the county, or a bonding company authorized to do business in the State of Nebraska, to the effect that the parties to the same are bound, in the amount of the appraised value thereof, or in the case of garnishment, in the amount of the value of the property or money in the hands of the garnishee, that the property or its appraised value in money shall be forthcoming to answer the judgment of the court in the action; but if it shall appear to the court that any part of said property has been lost or destroyed by unavoidable accident, the value thereof shall be remitted to the person so bound. In case of garnishment, the garnishee shall be discharged upon the approval of said bond.
(2) If the defendant presents to the court, by affidavit or otherwise, specific facts demonstrating that no sureties are necessary to insure that the property or its appraised value in money shall be forthcoming to answer the judgment of the court in the action, the court may allow the undertaking to be executed by the defendant alone.
Source
R.S.1867, Code § 206, p. 426;
R.S.1913, § 7740;
Laws 1915, c. 146, § 1, p. 316;
C.S.1922, § 8684;
C.S.1929, § 20-1009;
R.S.1943, § 25-1009;
Laws 1980, LB 597, § 5.
Annotations
Defendant who has given "forthcoming bond" under this section may move to dissolve attachment. Burnham-Munger-Root D. G. Co. v. Strahl, 102 Neb. 142, 166 N.W. 266 (1918).
Principal in redelivery bond is estopped, in action thereon, to deny that he is owner of the attached property. Commercial Nat. Bank of Kearney v. Faser, 99 Neb. 105, 155 N.W. 601 (1915).
After property is returned to officer, party may claim title in proper action. Runquist v. Anderson, 64 Neb. 755, 90 N.W. 760 (1902).
Principal in bond is estopped to claim title to property. Cooper v. Davis Mill Co., 48 Neb. 420, 67 N.W. 178 (1896).
Only officer holding writ may approve. Dewey & Stone v. Kavanaugh, 45 Neb. 233, 63 N.W. 396 (1895).
Sureties are not liable unless bond is approved and property delivered; need not indorse approval on bond; implied approval. Cortelyou v. Maben, 40 Neb. 512, 59 N.W. 94 (1894).
Defendant may move to dissolve attachment after redelivery bond is given. Wilson v. Shepherd, 15 Neb. 15, 16 N.W. 826 (1883).
Must allege order of sale had been made. Young v. Joseph Bros. & Davidson, 5 Neb. Unof. 559, 99 N.W. 522 (1904).