reglab/statecodes huggingface dataset:
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-1303 - Transcript of judgment to other county; effect.

25-1303.
Transcript of judgment to other county; effect.
The transcript of a judgment of any district court in this state may be filed in the office of the clerk of the district court in any county. Such transcript, when so filed and entered on the judgment index, shall be a lien on the property of the debtor in any county in which such transcript is so filed, in the same manner and under the same conditions only as in the county where such judgment was rendered, and execution may be issued on such transcript in the same manner as on the original judgment. Such transcript shall at no time have any greater validity or effect than the original judgment.
Source
Laws 1869, § 1, p. 158;
R.S.1913, § 7796;
C.S.1922, § 8937;
Laws 1929, c. 83, § 1, p. 332;
C.S.1929, § 20-1303;
R.S.1943, § 25-1303;
Laws 2018, LB193, § 19.
Cross References
County court judgment, transcript to district court for lien, see section 25-2721.
Annotations
Federal court judgments are liens on real estate only in county where rendered unless transcript is filed in other counties. Rathbone Co. v. Kimball, 117 Neb. 229, 220 N.W. 244 (1928).
Transcript filed in other county can only be vacated in suit to set aside original judgment; applies in suits to remove cloud on title. State ex rel. Long v. Westover, 107 Neb. 593, 186 N.W. 998 (1922).
Motion to revive judgment of district court must be made in court where rendered. Case Threshing Mach. Co. v. Edmisten, 85 Neb. 272, 122 N.W. 891 (1909).
Judgment in county court, regardless of amount, may be transcripted to any county in state. Cabon v. Gruenig, 18 Neb. 562, 26 N.W. 253 (1886).
Transcript of justice judgment must be filed in district court of county where judgment was rendered. Pemberton v. Pollard, 18 Neb. 435, 25 N.W. 582 (1885).
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-1304 - Decree for conveyance, release, or acquittance; effect.

25-1304.
Decree for conveyance, release, or acquittance; effect.
When any judgment or decree shall be rendered for a conveyance, release or acquittance, in any court of this state, and the party or parties against whom the judgment or decree shall be rendered do not comply therewith within the time mentioned in said judgment or decree, such judgment or decree shall have the same operation and effect, and be as available as if the conveyance, release or acquittance had been executed conformable to such judgment or decree.
Source
Laws 1869, § 1, p. 70;
R.S.1913, § 7997;
C.S.1922, § 8938;
C.S.1929, § 20-1304;
R.S.1943, § 25-1304.
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-1305 - Federal court judgment; transcript to other county; effect.

25-1305.
Federal court judgment; transcript to other county; effect.
A transcript of any judgment or decree rendered in a circuit or district court of the United States within the State of Nebraska, may be filed in the office of the clerk of the district court in any county in this state. Such transcript, when so filed and entered on the judgment index, shall be a lien on the property of the debtor in any county in which such transcript is so filed, in the same manner and under the same conditions only as if such judgment or decree had been rendered by the district court of such county. Such transcript shall at no time have a greater validity or effect than the original judgment. The lands and tenements of the debtor within the county where the judgment is entered shall be bound for the satisfaction thereof from the day on which such judgment is rendered without the filing of a transcript. Orders reviving dormant judgments shall become liens upon the lands and tenements of the judgment debtor only when such order is entered on the judgment index in the same manner as an original judgment.
Source
Laws 1889, c. 30, § 1, p. 377;
R.S.1913, § 7998;
C.S.1922, § 8939;
Laws 1929, c. 83, § 1, p. 332;
C.S.1929, § 20-1305;
R.S.1943, § 25-1305;
Laws 2018, LB193, § 20.
Annotations
On appeal under this section, parties retain the same status in district court as they had in tribunal below. School Dist. of Wilber v. Pracheil, 180 Neb. 121, 141 N.W.2d 768 (1966).
Federal court judgment is lien on real estate only in county where rendered, unless transcript is filed in other counties. Rathbone Co. v. Kimball, 117 Neb. 229, 220 N.W. 244 (1928).
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-1306 - Dissolution of lien; deposit; bond; appellate proceedings.

25-1306.
Dissolution of lien; deposit; bond; appellate proceedings.
In all cases wherein the judgment of any court, for payment of money only, which may be a general lien on property of the judgment debtor, and the debtor proposes to take proceedings in error or by appeal for review of such judgment, he may deposit in the court in which such judgment is rendered the full sum of such judgment, interest and costs, there to abide until termination of such appellate proceedings, and may file bond in such sum as the court or judge thereof may determine, with sureties to the approval of the clerk of such court, conditioned to pay interest on the judgment debt and costs to accrue in event the judgment be affirmed. On such payment being made, and such bond filed and approved, the general lien of the judgment shall be dissolved.
Source
Laws 1893, c. 42, § 1, p. 383;
R.S.1913, § 7999;
C.S.1922, § 8940;
C.S.1929, § 20-1306;
R.S.1943, § 25-1306.
Annotations
This section provides for filing of petition and answer in an appeal under this section. School Dist. of Wilber v. Pracheil, 180 Neb. 121, 141 N.W.2d 768 (1966).
Under Nebraska law, which applies to a foreign judgment after the judgment is filed in Nebraska, once a party appeals a monetary judgment for money only and files a supersedeas bond which is approved by the court in which judgment was rendered, the general lien resulting from the judgment is dissolved. Anderson v. Werner Enters., Inc., 7 Neb. App. 294, 581 N.W.2d 104 (1998).
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-1307 - Dissolution of lien; disposition of deposit.

25-1307.
Dissolution of lien; disposition of deposit.
If such judgment be affirmed, the money so deposited shall be paid to the judgment creditor, but if such judgment be reversed, the debtor may withdraw such deposit.
Source
Laws 1893, c. 42, § 2, p. 384;
R.S.1913, § 8000;
C.S.1922, § 8941;
C.S.1929, § 20-1307;
R.S.1943, § 25-1307.
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-1308 - Judgment upon failure to answer; procedure.

25-1308.
Judgment upon failure to answer; procedure.
If the taking of an account, or the proof of a fact, or the assessment of damages, be necessary to enable the court to pronounce judgment upon a failure to answer, or after a decision of an issue of law, the court may, with the assent of the party not in default, take the account, hear the proof, or assess the damages; or may, with the like assent, refer the same to a referee, master, or commissioner, or may direct the same to be ascertained or assessed by a jury. If a jury be ordered, it shall be on or after the day on which the action is set for trial. This section shall not be construed to impair the right of a party to a jury if he appear at the trial by himself or attorney, and demand the same.
Source
R.S.1867, Code § 432, p. 466;
R.S.1913, § 8001;
C.S.1922, § 8942;
C.S.1929, § 20-1308;
R.S.1943, § 25-1308.
Annotations
Modification of child custody and support in a dissolution action is a special proceeding, and thus, the statute governing the procedure for a default judgment in a civil action is not controlling. Fitzgerald v. Fitzgerald, 286 Neb. 96, 835 N.W.2d 44 (2013).
This section applies where it is necessary to make proof of allegations of value and amount of damage, and did not apply to creditor's bill. Danbom v. Danbom, 132 Neb. 858, 273 N.W. 502 (1937).
Where only issue presented by answer was one of law, court properly proceeded under this section. Bankers' Reserve Life Assn. v. Finn, 64 Neb. 105, 89 N.W. 672 (1902).
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-1309 - Right to confess judgment; creditor's assent necessary.

25-1309.
Right to confess judgment; creditor's assent necessary.
Any person indebted, or against whom a cause of action exists, may personally appear, in a court of competent jurisdiction, and, with the assent of the creditor or person having such cause of action, confess judgment therefor, whereupon judgment shall be entered accordingly.
Source
R.S.1867, Code § 433, p. 466;
R.S.1913, § 8002;
C.S.1922, § 8943;
C.S.1929, § 20-1309;
R.S.1943, § 25-1309.
Annotations
General appearance is sufficient; actual physical presence of defendant is unnecessary. Thornhill v. Hargreaves, 76 Neb. 582, 107 N.W. 847 (1906).
Where corporation is already in default of answer, judgment may be entered upon stipulation without warrant to attorney. Alter v. State ex rel. Kountze Bros., 62 Neb. 239, 86 N.W. 1080 (1901).
Confession of judgment by corporation must be made by warrant of attorney. Fogg v. Ellis, 61 Neb. 829, 86 N.W. 494 (1901).
Corporation for pecuniary profit may confess judgment. Solomon Co. v. Schneider & Co., 56 Neb. 680, 77 N.W. 65 (1898).
Manager of corporation has no power to confess judgment. Howell v. Gilt Edge Mfg. Co., 32 Neb. 627, 49 N.W. 704 (1891).
Creditor's assent is necessary; but is presumed where defendant confesses sum demanded in petition. Flanigan v. Continental Ins. Co., 22 Neb. 235, 34 N.W. 367 (1887).
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-1310 - Judgment by confession; contents.

25-1310.
Judgment by confession; contents.
The debt or cause of action shall be briefly stated in the judgment, or in a writing to be filed as pleadings in other actions.
Source
R.S.1867, Code § 434, p. 466;
R.S.1913, § 8003;
C.S.1922, § 8944;
C.S.1929, § 20-1310;
R.S.1943, § 25-1310.
Annotations
The provisions of this section are applicable to only civil proceedings. Dunham v. O'Grady, 137 Neb. 649, 290 N.W. 723 (1940).
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-1311 - Enforcement of judgment.

25-1311.
Enforcement of judgment.
Such judgment shall authorize the same proceedings for its enforcement as judgments rendered in actions regularly brought and prosecuted; and the confession shall operate as a release of errors.
Source
R.S.1867, Code § 435, p. 466;
R.S.1913, § 8004;
C.S.1922, § 8945;
C.S.1929, § 20-1311;
R.S.1943, § 25-1311.
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-1312 - Confession of judgment by attorney; warrant; requirements.

25-1312.
Confession of judgment by attorney; warrant; requirements.
Every attorney who shall confess judgment in any case, shall, at the time of making such confession, produce the warrant of attorney for making the same to the court before which he makes the confession; and the original or a copy of the warrant shall be filed with the clerk of the court in which the judgment shall be entered.
Source
R.S.1867, Code § 436, p. 466;
R.S.1913, § 8005;
C.S.1922, § 8946;
C.S.1929, § 20-1312;
R.S.1943, § 25-1312.
Annotations
Judgment on appeal, entered by consent, is not "judgment by confession." Wabaska Electric Co. v. City of Blue Springs, 84 Neb. 577, 122 N.W. 21 (1909).
County attorney must show warrant, or judgment against county is void. Custer County v. Chicago, B. & Q. R. R. Co., 62 Neb. 657, 87 N.W. 341 (1901).
Judgment by confession against corporation, unless warrant of attorney is produced, is void. Fogg v. Ellis, 61 Neb. 829, 86 N.W. 494 (1901).
Authority of attorney to confess judgment under warrant in promissory note, without issuance of summons, raised but not decided. Wiley v. Neal, 24 Neb. 141, 37 N.W. 926 (1888).
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-1313 - Jury trial; judgment by court; entry of order.

25-1313.
Jury trial; judgment by court; entry of order.
When a trial by jury has been had, judgment must be ordered by the court and entered upon the record in conformity to the verdict, unless it is special, or the court orders the case to be reserved for future argument or consideration.
Source
R.S.1867, Code § 438, p. 467;
R.S.1913, § 8006;
C.S.1922, § 8947;
C.S.1929, § 20-1313;
R.S.1943, § 25-1313;
Laws 1961, c. 111, § 3, p. 350;
Laws 2020, LB387, § 39.
Annotations
There was no compliance with this section or its alternatives. Northwestern Public Service Co. v. Juhl, 177 Neb. 625, 129 N.W.2d 570 (1964).
It is the duty of the clerk to render judgment on verdict. Webber v. City of Scottsbluff, 155 Neb. 48, 50 N.W.2d 533 (1951).
Judgment was properly entered the same day verdict was received. Hamaker v. Patrick, 123 Neb. 809, 244 N.W. 420 (1932); Wiegand v. Lincoln Traction Co., 123 Neb. 766, 244 N.W. 298 (1932).
When verdict is general, it is clerk's duty to render judgment in conformity therewith, unless otherwise ordered. Crete Mills v. Stevens, 120 Neb. 794, 235 N.W. 453 (1931).
Where jury verdict finds for plaintiff but awards incorrect amount, court cannot recompute and enter judgment for proper amount; only remedy is motion for new trial. Kenesaw Mill & Elevator Co. v. Aufdenkamp, 106 Neb. 246, 183 N.W. 294 (1921).
It is error to enter judgment for amount of verdict if in excess of amount claimed; party may remit. Davis v. Hall, 70 Neb. 678, 97 N.W. 1023 (1904).
Court may reserve case on specific law points which must be stated in record; not on sufficiency of evidence. Barge v. Haslam, 65 Neb. 656, 91 N.W. 528 (1902).
Failure to enter judgment at term; court may enter later. Toogood v. Russell, 3 Neb. Unof. 189, 91 N.W. 249 (1902).
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-1314 - Entry of judgment by court; when required.

25-1314.
Entry of judgment by court; when required.
Where the verdict is special, or where there has been a special finding on particular questions of fact, or where the court has ordered the case to be reserved, it shall order what judgment shall be entered.
Source
R.S.1867, Code § 439, p. 467;
R.S.1913, § 8007;
C.S.1922, § 8948;
C.S.1929, § 20-1314;
R.S.1943, § 25-1314.
Annotations
Special circumstances of case required trial court to order what judgment should be entered. Bell v. Crook, 168 Neb. 685, 97 N.W.2d 352 (1959).
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-1315.01 - Motion for directed verdict; joinder; effect; requisites.

25-1315.01.
Motion for directed verdict; joinder; effect; requisites.
A party who moves for a directed verdict at the close of the evidence offered by an opponent may offer evidence in the event that the motion is not granted, without having reserved the right to do so and to the same extent as if the motion had not been made. A motion for a directed verdict which is not granted is not a waiver of trial by jury even though all parties to the action have moved for directed verdicts. A motion for a directed verdict shall state the specific grounds therefor.
Source
Laws 1947, c. 88, § 1, p. 267.
Annotations
Although a motion for directed verdict should state the specific grounds therefor, where proof relating to a specific issue is so clear and convincing that reasonable minds cannot reach different conclusions, it is the duty of the trial court to enter judgment in accordance with the evidence. Hill v. City of Lincoln, 249 Neb. 88, 541 N.W.2d 655 (1996).
In the absence of a showing of prejudice, error may not be predicated on failure to state reasons in motion for directed verdict. Swink v. Smith, 173 Neb. 423, 113 N.W.2d 515 (1962).
Motion for directed verdict should set forth specific grounds. Allied Building Credits, Inc. v. Damicus, 167 Neb. 390, 93 N.W.2d 210 (1958); Segebart v. Gregory, 156 Neb. 261, 55 N.W.2d 678 (1952).
Motion sufficiently stated the specific grounds therefor. Sullivan v. Omaha & C. B. St. Ry. Co., 160 Neb. 342, 70 N.W.2d 98 (1955).
Although joined in by all parties, motion for directed verdict raises only questions of law and does not constitute waiver of a jury trial. In re Estate of Coons, 154 Neb. 690, 48 N.W.2d 778 (1951).
Act applies only in a case in which a motion for a directed verdict is made at the close of the evidence. In re Estate of Kinsey, 152 Neb. 95, 40 N.W.2d 526 (1949).
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-1316 - Judgment upon counterclaim or setoff.

25-1316.
Judgment upon counterclaim or setoff.
If a counterclaim or setoff established at the trial exceeds the plaintiff's claim so established, judgment for the defendant must be given for the excess; or, if it appears that the defendant is entitled to any affirmative relief, judgment should be given therefor.
Source
R.S.1867, Code § 441, p. 467;
R.S.1913, § 8009;
C.S.1922, § 8950;
C.S.1929, § 20-1316;
R.S.1943, § 25-1316.
Annotations
Where offsetting claims and counterclaims were tried separately, the final judgment did not occur until all claims were adjudicated and both jury verdicts were accepted by the district court. VKGS v. Planet Bingo, 309 Neb. 950, 962 N.W.2d 909 (2021).
It is approved practice for the judgment entry to show findings of the verdict for each party for computations of the judgment for excess. Crete Mills v. Stevens, 120 Neb. 794, 235 N.W. 453 (1931).
Plaintiff's claim and counterclaim should be disposed of in one trial. Miller v. McGannon, 79 Neb. 609, 113 N.W. 170 (1907).
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-1317 - Judgment or order; infant's right reserved.

25-1317.
Judgment or order; infant's right reserved.
It shall not be necessary to reserve, in a judgment or order, the right of an infant to show cause against it after his attaining twenty years of age; but in any case in which, but for this section, such reservation would have been proper, the infant, within one year after arriving at the age of twenty years, may show cause against such order or judgment.
Source
R.S.1867, Code § 442, p. 467;
R.S.1913, § 8010;
C.S.1922, § 8951;
C.S.1929, § 20-1317;
R.S.1943, § 25-1317;
Laws 1972, LB 1049, § 5.
Annotations
Where infant, by guardian ad litem, unsuccessfully appealed from judgment against him, he cannot, after attaining his majority, open up judgment on ground of error in former proceedings. Foerster v. Helming, 105 Neb. 531, 181 N.W. 521 (1921).
After period stated, minor is as conclusively bound as an adult. McCreary v. Creighton, 76 Neb. 179, 107 N.W. 240 (1906).
Decree of strict foreclosure will not bar infant from showing cause against same. Stull v. Masilonka, 74 Neb. 322, 108 N.W. 166 (1906).
Modifies chancery rules only as to form of decree; decree of sale of infant's lands is binding. Manfull v. Graham, 55 Neb. 645, 76 N.W. 19 (1898).
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-1326 - Judicial sale; conveyance of land by master commissioner; when allowed; postponement of sale; notice.

25-1326.
Judicial sale; conveyance of land by master commissioner; when allowed; postponement of sale; notice.
(1) Real property may be conveyed by a master commissioner when (a) by an order or judgment in an action or a proceeding a party is ordered to convey such property to another and he or she neglects or refuses to comply with such order or judgment or (b) specific real property is required to be sold under an order or judgment of the court.
(2) A master commissioner may, for any cause he or she deems expedient, postpone the sale of all or any portion of the real property from time to time until it is completed, and in every such case, notice of postponement shall be given by public declaration thereof by such master commissioner at the time and place last appointed for the sale. The public declaration of the notice of postponement shall include the new date, time, and place of sale. No other notice of the postponed sale need be given unless the sale is postponed for longer than forty-five days beyond the day designated in the notice of sale, in which event the notice thereof shall be given in the same manner as the original notice of sale is required to be given.
Source
R.S.1867, Code § 451, p. 468;
R.S.1913, § 8019;
C.S.1922, § 8960;
C.S.1929, § 20-1326;
R.S.1943, § 25-1326;
Laws 2010, LB732, § 1.
Annotations
Commissioner need not take oath; may administer oath to appraisers. George v. Keniston, 57 Neb. 313, 77 N.W. 772 (1899).
Person designated by court to execute decree of foreclosure is a master commissioner. Northwestern Mutual Life Ins. Co. v. Mulvihill, 53 Neb. 538, 74 N.W. 78 (1898).
Appointment of commissioner instead of sheriff to make sale of real estate rests in discretion of trial court. American Investment Co. v. Nye, 40 Neb. 720, 59 N.W. 355 (1894).
Court may appoint sheriff or other person to conduct sale under mortgage foreclosure. State ex rel. Elliott v. Holliday, 35 Neb. 327, 53 N.W. 142 (1892).
This section applies to all sales of real estate under process of court. McKeighan v. Hopkins, 14 Neb. 361, 15 N.W. 711 (1883).
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-1327 - Judicial sale; sheriff as master commissioner.

25-1327.
Judicial sale; sheriff as master commissioner.
A sheriff may act as a master commissioner under subdivision (1)(b) of section 25-1326. Sales made under such subdivision shall conform in all respects to the laws regulating sales of land upon execution.
Source
R.S.1867, Code § 452, p. 468;
R.S.1913, § 8020;
C.S.1922, § 8961;
C.S.1929, § 20-1327;
R.S.1943, § 25-1327;
Laws 2010, LB732, § 2.
Annotations
Officer cannot be compelled to advertise sale in any particular newspaper. State ex rel. Elliott v. Holliday, 35 Neb. 327, 53 N.W. 142 (1892).
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-1328 - Judicial sale; deed of commissioner; form and execution.

25-1328.
Judicial sale; deed of commissioner; form and execution.
The deed of a master commissioner shall contain the like recital and shall be executed, acknowledged and recorded in the same manner as the deed of a sheriff of real property sold under execution.
Source
R.S.1867, Code § 453, p. 468;
R.S.1913, § 8021;
C.S.1922, § 8962;
C.S.1929, § 20-1328;
R.S.1943, § 25-1328.
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-1331 - Defending party; right to move for summary judgment.

25-1331.
Defending party; right to move for summary judgment.
A party against whom a claim, counterclaim, or cross-claim is asserted or a declaratory judgment is sought may, at any time, move with or without supporting affidavits for a summary judgment in his favor as to all or any part thereof.
Source
Laws 1951, c. 65, § 2, p. 199.
Annotations
A defendant is entitled to summary judgment if the defendant shows that an essential element of the plaintiff's cause of action is nonexistent. Tuttle & Assoc. v. Gendler, 237 Neb. 825, 467 N.W.2d 881 (1991).
The defense of res judicata need not be raised by answer, but can be raised and passed upon for the first time on a motion for summary judgment. DeCosta Sporting Goods, Inc. v. Kirkland, 210 Neb. 815, 316 N.W.2d 772 (1982)
Party in declaratory judgments proceeding may move for summary judgment. Arla Cattle Co. v. Knight, 174 Neb. 360, 118 N.W.2d 1 (1962).
To receive consideration on appeal, affidavits used on motion for summary judgment must be made a part of the bill of exceptions. Peterson v. George, 168 Neb. 571, 96 N.W.2d 627 (1959).
When a cause of action is commenced against an estate that has already been closed, the proper method of attacking the petition on the grounds that the estate has previously been closed and the personal representative discharged is through a motion for summary judgment, not a demurrer, because evidence beyond what appears on the face of the petition is usually necessary to establish that the estate has been closed and the personal representative discharged. Mach v. Schmer, 4 Neb. App. 819, 550 N.W.2d 385 (1996).
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-1333 - Case not fully adjudicated on motion.

25-1333.
Case not fully adjudicated on motion.
If on motion under sections 25-1330 to 25-1336 judgment is not rendered upon the whole case or for all the relief asked and a trial is necessary, the court at the hearing of the motion, by examining the pleadings and the evidence before it and by interrogating counsel, shall if practicable ascertain what material facts exist without substantial controversy and what material facts are actually and in good faith controverted. It shall thereupon make an order specifying the facts that appear without substantial controversy, including the extent to which the amount of damages or other relief is not in controversy, and directing such further proceedings in the action as are just. Upon the trial of the action the facts so specified shall be deemed established, and the trial shall be conducted accordingly.
Source
Laws 1951, c. 65, § 4, p. 199.
Annotations
The right of a party to sue as representative of a class may be raised by a motion for summary judgment. Blankenship v. Omaha P. P. Dist., 195 Neb. 170, 237 N.W.2d 86 (1976).
Where each party files a motion for summary judgment in the district court, the Supreme Court can consider both motions and determine the controversy. Randall v. Erdman, 194 Neb. 390, 231 N.W.2d 689 (1975).
The Summary Judgment Act grants the district court power to enter interlocutory orders eliminating issues upon which no genuine issue of fact is presented and requires a trial and final order or judgment upon the facts that are in good faith controverted. Burroughs Corp. v. James E. Simon Constr. Co., 192 Neb. 272, 220 N.W.2d 225 (1974).
Court may specify the facts that appear without substantial controversy, and which facts are established for the trial. Hart v. Ronspies, 181 Neb. 38, 146 N.W.2d 795 (1966).
Legislature distinguished summary judgment process from a trial. Otteman v. Interstate Fire & Cas. Co., Inc., 171 Neb. 148, 105 N.W.2d 583 (1960).
Summary judgment on issue of liability, and submission of issue of damages to jury, was proper procedure. Rimmer v. Chadron Printing Co., 156 Neb. 533, 56 N.W.2d 806 (1953).
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-1336 - Affidavit made in bad faith.

25-1336.
Affidavit made in bad faith.
Should it appear to the satisfaction of the court at any time that any of the affidavits presented pursuant to sections 25-1330 to 25-1336 are presented in bad faith or solely for the purpose of delay, the court shall forthwith order the party employing them to pay to the other party the amount of the reasonable expenses which the filing of the affidavits caused him to incur, including reasonable attorney's fees, and any offending party or attorney may be adjudged guilty of contempt.
Source
Laws 1951, c. 65, § 7, p. 200.
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-1338 - Definitions.

25-1338.
Definitions.
In the Uniform Foreign-Country Money Judgments Recognition Act:
(1) Foreign country means a government other than:
(A) the United States;
(B) a state, district, commonwealth, territory, or insular possession of the United States; or
(C) any other government with regard to which the decision in this state as to whether to recognize a judgment of that government's courts is initially subject to determination under the Full Faith and Credit Clause of the United States Constitution.
(2) Foreign-country judgment means a judgment of a court of a foreign country.
Source
Laws 2021, LB501, § 2.
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-1339 - Applicability.

25-1339.
Applicability.
(a) Except as otherwise provided in subsection (b) of this section, the Uniform Foreign-Country Money Judgments Recognition Act applies to a foreign-country judgment to the extent that the judgment:
(1) grants or denies recovery of a sum of money; and
(2) under the law of the foreign country where rendered, is final, conclusive, and enforceable.
(b) The Uniform Foreign-Country Money Judgments Recognition Act does not apply to a foreign-country judgment, even if the judgment grants or denies recovery of a sum of money, to the extent that the judgment is:
(1) a judgment for taxes;
(2) a fine or other penalty; or
(3) a judgment for divorce, support, or maintenance, or other judgment rendered in connection with domestic relations.
(c) A party seeking recognition of a foreign-country judgment has the burden of establishing that the Uniform Foreign-Country Money Judgments Recognition Act applies to the foreign-country judgment.
Source
Laws 2021, LB501, § 3.
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-1340 - Standards for recognition of foreign-country judgment.

25-1340.
Standards for recognition of foreign-country judgment.
(a) Except as otherwise provided in subsections (b) and (c) of this section, a court of this state shall recognize a foreign-country judgment to which the Uniform Foreign-Country Money Judgments Recognition Act applies.
(b) A court of this state may not recognize a foreign-country judgment if:
(1) the judgment was rendered under a judicial system that does not provide impartial tribunals or procedures compatible with the requirements of due process of law;
(2) the foreign court did not have personal jurisdiction over the defendant; or
(3) the foreign court did not have jurisdiction over the subject matter.
(c) A court of this state need not recognize a foreign-country judgment if:
(1) the defendant in the proceeding in the foreign court did not receive notice of the proceeding in sufficient time to enable the defendant to defend;
(2) the judgment was obtained by fraud that deprived the losing party of an adequate opportunity to present its case;
(3) the judgment or the cause of action or claim for relief on which the judgment is based is repugnant to the public policy of this state or of the United States;
(4) the judgment conflicts with another final and conclusive judgment;
(5) the proceeding in the foreign court was contrary to an agreement between the parties under which the dispute in question was to be determined otherwise than by proceedings in that foreign court;
(6) in the case of jurisdiction based only on personal service, the foreign court was a seriously inconvenient forum for the trial of the action;
(7) the judgment was rendered in circumstances that raise substantial doubt about the integrity of the rendering court with respect to the judgment; or
(8) the specific proceeding in the foreign court leading to the judgment was not compatible with the requirements of due process of law.
(d) A party resisting recognition of a foreign-country judgment has the burden of establishing that a ground for nonrecognition stated in subsection (b) or (c) of this section exists.
Source
Laws 2021, LB501, § 4.
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-1341 - Personal jurisdiction.

25-1341.
Personal jurisdiction.
(a) A foreign-country judgment may not be refused recognition for lack of personal jurisdiction if:
(1) the defendant was served with process personally in the foreign country;
(2) the defendant voluntarily appeared in the proceeding, other than for the purpose of protecting property seized or threatened with seizure in the proceeding or of contesting the jurisdiction of the court over the defendant;
(3) the defendant, before the commencement of the proceeding, had agreed to submit to the jurisdiction of the foreign court with respect to the subject matter involved;
(4) the defendant was domiciled in the foreign country when the proceeding was instituted or was a corporation or other form of business organization that had its principal place of business in, or was organized under the laws of, the foreign country;
(5) the defendant had a business office in the foreign country and the proceeding in the foreign court involved a cause of action or claim for relief arising out of business done by the defendant through that office in the foreign country; or
(6) the defendant operated a motor vehicle or airplane in the foreign country and the proceeding involved a cause of action or claim for relief arising out of that operation.
(b) The list of bases for personal jurisdiction in subsection (a) of this section is not exclusive. The courts of this state may recognize bases of personal jurisdiction other than those listed in subsection (a) of this section as sufficient to support a foreign-country judgment.
Source
Laws 2021, LB501, § 5.
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-1342 - Procedure for recognition of foreign-country judgment.

25-1342.
Procedure for recognition of foreign-country judgment.
(a) If recognition of a foreign-country judgment is sought as an original matter, the issue of recognition shall be raised by filing an action seeking recognition of the foreign-country judgment.
(b) If recognition of a foreign-country judgment is sought in a pending action, the issue of recognition may be raised by counterclaim, cross-claim, or affirmative defense.
Source
Laws 2021, LB501, § 6.
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-1343 - Effect of recognition of foreign-country judgment.

25-1343.
Effect of recognition of foreign-country judgment.
If the court in a proceeding under section 25-1342 finds that the foreign-country judgment is entitled to recognition under the Uniform Foreign-Country Money Judgments Recognition Act then, to the extent that the foreign-country judgment grants or denies recovery of a sum of money, the foreign-country judgment is:
(1) conclusive between the parties to the same extent as the judgment of a sister state entitled to full faith and credit in this state would be conclusive; and
(2) enforceable in the same manner and to the same extent as a judgment rendered in this state.
Source
Laws 2021, LB501, § 7.
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-1344 - Stay of proceedings pending appeal of foreign-country judgment.

25-1344.
Stay of proceedings pending appeal of foreign-country judgment.
If a party establishes that an appeal from a foreign-country judgment is pending or will be taken, the court may stay any proceedings with regard to the foreign-country judgment until the appeal is concluded, the time for appeal expires, or the appellant has had sufficient time to prosecute the appeal and has failed to do so.
Source
Laws 2021, LB501, § 8.
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-1345 - Statute of limitations.

25-1345.
Statute of limitations.
An action to recognize a foreign-country judgment must be commenced within the earlier of the time during which the foreign-country judgment is effective in the foreign country or fifteen years from the date that the foreign-country judgment became effective in the foreign country.
Source
Laws 2021, LB501, § 9.
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-1346 - Uniformity of interpretation.

25-1346.
Uniformity of interpretation.
In applying and construing the Uniform Foreign-Country Money Judgments Recognition Act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.
Source
Laws 2021, LB501, § 10.
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-1347 - Saving clause.

25-1347.
Saving clause.
The Uniform Foreign-Country Money Judgments Recognition Act does not prevent the recognition under principles of comity or otherwise of a foreign-country judgment not within the scope of the Uniform Foreign-Country Money Judgments Recognition Act.
Source
Laws 2021, LB501, § 11.
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-1348 - Act; applicability.

25-1348.
Act; applicability.
The Uniform Foreign-Country Money Judgments Recognition Act applies to all actions commenced on or after August 28, 2021, in which the issue of recognition of a foreign-country judgment is raised.
Source
Laws 2021, LB501, § 12.
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-1350 - Definitions.

25-1350.
Definitions.
In the Uniform Registration of Canadian Money Judgments Act:
(1) Canada means the sovereign nation of Canada and its provinces and territories. Canadian has a corresponding meaning.
(2) Canadian judgment means a judgment of a court of Canada, other than a judgment that recognizes the judgment of another foreign country.
Source
Laws 2021, LB501, § 14.
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-1351 - Applicability.

25-1351.
Applicability.
(a) The Uniform Registration of Canadian Money Judgments Act applies to a Canadian judgment to the extent the judgment is within the scope of section 25-1339, if recognition of the judgment is sought to enforce the judgment.
(b) A Canadian judgment that grants both recovery of a sum of money and other relief may be registered under the Uniform Registration of Canadian Money Judgments Act, but only to the extent of the grant of recovery of a sum of money.
(c) A Canadian judgment regarding subject matter both within and not within the scope of the Uniform Registration of Canadian Money Judgments Act may be registered under the act, but only to the extent the judgment is with regard to subject matter within the scope of the act.
Source
Laws 2021, LB501, § 15.
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-1353 - Effect of registration.

25-1353.
Effect of registration.
(a) Subject to subsection (b) of this section, a Canadian judgment registered under section 25-1352 has the same effect provided in section 25-1343 for a judgment a court determines to be entitled to recognition.
(b) A Canadian judgment registered under section 25-1352 may not be enforced by sale or other disposition of property, or by seizure of property or garnishment, until thirty-one days after notice under section 25-1354 of registration is served. The court for cause may provide for a shorter or longer time. This subsection does not preclude use of relief available under law of this state other than the Uniform Registration of Canadian Money Judgments Act to prevent dissipation, disposition, or removal of property.
Source
Laws 2021, LB501, § 17.
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-1354 - Notice of registration.

25-1354.
Notice of registration.
(a) A person that registers a Canadian judgment under section 25-1352 shall cause notice of registration to be served on the person against whom the judgment has been registered.
(b) Notice under this section must be served in the same manner that a summons and complaint must be served in an action seeking recognition under section 25-1342 of a foreign-country money judgment.
(c) Notice under this section must include:
(1) the date of registration and court in which the judgment was registered;
(2) the docket number assigned to the registration;
(3) the name and address of:
(A) the person registering the judgment; and
(B) the person's attorney, if any;
(4) a copy of the registration, including the documents required under subsection (b) of section 25-1352; and
(5) a statement that:
(A) the person against whom the judgment has been registered, not later than thirty days after the date of service of notice, may motion the court to vacate the registration; and
(B) the court for cause may provide for a shorter or longer time.
(d) Proof of service of notice under this section must be filed with the clerk of the court.
Source
Laws 2021, LB501, § 18.
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-1355 - Motion to vacate registration.

25-1355.
Motion to vacate registration.
(a) Not later than thirty days after notice under section 25-1354 is served, the person against whom the judgment was registered may motion the court to vacate the registration. The court for cause may provide for a shorter or longer time for filing the motion.
(b) A motion under this section may assert only:
(1) a ground that could be asserted to deny recognition of the judgment under the Uniform Foreign-Country Money Judgments Recognition Act; or
(2) a failure to comply with a requirement of the Uniform Registration of Canadian Money Judgments Act for registration of the judgment.
(c) A motion filed under this section does not itself stay enforcement of the registered judgment.
(d) If the court grants a motion under this section, the registration is vacated, and any act under the registration to enforce the registered judgment is void.
(e) If the court grants a motion under this section on a ground under subdivision (b)(1) of this section, the court also shall render a judgment denying recognition of the Canadian judgment. A judgment rendered under this subsection has the same effect as a judgment denying recognition to a judgment on the same ground under the Uniform Foreign-Country Money Judgments Recognition Act.
Source
Laws 2021, LB501, § 19.
Cross References
Uniform Foreign-Country Money Judgments Recognition Act, see section 25-1337.
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-1356 - Stay of enforcement of judgment pending determination of motion.

25-1356.
Stay of enforcement of judgment pending determination of motion.
A person that files a motion under subsection (a) of section 25-1355 to vacate registration of a Canadian judgment may request the court to stay enforcement of the judgment pending determination of the motion. The court shall grant the stay if the person establishes a likelihood of success on the merits with regard to a ground listed in subsection (b) of section 25-1355 for vacating a registration. The court may require the person to provide security in an amount determined by the court as a condition of granting the stay.
Source
Laws 2021, LB501, § 20.
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-1357 - Relationship to Uniform Foreign-Country Money Judgments Recognition Act.

25-1357.
Relationship to Uniform Foreign-Country Money Judgments Recognition Act.
(a) The Uniform Registration of Canadian Money Judgments Act supplements the Uniform Foreign-Country Money Judgments Recognition Act and that act, other than section 25-1342, applies to a registration under the Uniform Registration of Canadian Money Judgments Act.
(b) A person may seek recognition of a Canadian judgment described in section 25-1351 either:
(1) by registration under the Uniform Registration of Canadian Money Judgments Act; or
(2) under section 25-1342.
(c) Subject to subsection (d) of this section, a person may not seek recognition in this state of the same judgment or part of a judgment described in subsection (b) or (c) of section 25-1351 with regard to the same person under both the Uniform Registration of Canadian Money Judgments Act and section 25-1342.
(d) If the court grants a motion to vacate a registration solely on a ground under subdivision (b)(2) of section 25-1355, the person seeking registration may:
(1) if the defect in the registration can be cured, file a new registration under the Uniform Registration of Canadian Money Judgments Act; or
(2) seek recognition of the judgment under section 25-1342.
Source
Laws 2021, LB501, § 21.
Cross References
Uniform Foreign-Country Money Judgments Recognition Act, see section 25-1337.
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-1358 - Uniformity of application and interpretation.

25-1358.
Uniformity of application and interpretation.
In applying and construing the Uniform Registration of Canadian Money Judgments Act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.
Source
Laws 2021, LB501, § 22.
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-1359 - Act; applicability.

25-1359.
Act; applicability.
The Uniform Registration of Canadian Money Judgments Act applies to the registration of a Canadian judgment entered in a proceeding that is commenced in Canada on or after August 28, 2021.
Source
Laws 2021, LB501, § 23.
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-1403 - Death of one of several parties; cessation of powers of personal representative; right of action surviving to or against remaining parties; procedure.

25-1403.
Death of one of several parties; cessation of powers of personal representative; right of action surviving to or against remaining parties; procedure.
Where there are several plaintiffs or defendants in an action and one of them dies, or his powers as a personal representative cease, if the right of action survive to or against the remaining parties, the action may proceed, the death of the party or the cessation of his powers, being stated on the record.
Source
R.S.1867, Code § 456, p. 469;
R.S.1913, § 8024;
C.S.1922, § 8965;
C.S.1929, § 20-1403;
R.S.1943, § 25-1403.
Annotations
An order reviving an action, whether the order was entered in proceedings under section 25-322 or under this section to section 25-1420, is not a final order from which an appeal may immediately be taken. The order may be reviewed after final judgment in the case. Platte Valley Nat. Bank v. Lasen, 273 Neb. 602, 732 N.W.2d 347 (2007).
In an action seeking damages for injuries sustained in an automobile collision, the plaintiff's cause of action survives and does not abate on his death. Spradlin v. Myers, 200 Neb. 559, 264 N.W.2d 658 (1978).
Summary method of revivor is not exclusive. Keith v. Bruder, 77 Neb. 215, 109 N.W. 172 (1906).
Section applied to action in Supreme Court on error. Jameson v. Bartlett, 63 Neb. 638, 88 N.W. 860 (1902).
Summary mode of revivor is not exclusive. Hayden v. Huff, 62 Neb. 375, 87 N.W. 184 (1901).
This section applies to actions before justice of peace. Miller v. Curry, 17 Neb. 321, 22 N.W. 559 (1885).
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-1404 - Death of one of several parties; cessation of powers of personal representative; right of action not surviving to or against remaining parties; procedure.

25-1404.
Death of one of several parties; cessation of powers of personal representative; right of action not surviving to or against remaining parties; procedure.
Where one of the several plaintiffs or defendants dies, or his powers as a personal representative cease, if the cause of action does not admit of survivorship, and the court is of opinion that the merits of the controversy can be properly determined, and the principles applicable to the case fully settled, it may proceed to try the same as between the remaining parties; but the judgment shall not prejudice any who are not parties at the time of the trial.
Source
R.S.1867, Code § 457, p. 469;
R.S.1913, § 8025;
C.S.1922, § 8966;
C.S.1929, § 20-1404;
R.S.1943, § 25-1404.