reglab/statecodes huggingface dataset:
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-2943 - Referral of civil cases to mediation or alternative dispute resolution; rules of practice.

25-2943.
Referral of civil cases to mediation or alternative dispute resolution; rules of practice.
A court may refer a civil case, including a contested guardianship or contested conservatorship proceeding, to mediation or another form of alternative dispute resolution and, unless otherwise ordered following a hearing upon a motion to object to such referral, may state a date for the case to return to court. Such date shall be no longer than ninety days after the date the order was signed unless the court grants an extension upon request of the parties. Any agreement or resolution made in mediation or another form of alternative dispute resolution shall be voluntarily entered into by the parties. An individual trial court, an appellate court, or the Supreme Court on its own initiative may adopt rules of practice governing the procedures for referral of cases to mediation and other forms of dispute resolution. Such services may be provided by approved centers on a sliding scale of fees under the Dispute Resolution Act.
Source
Laws 2008, LB1014, § 9;
Laws 2011, LB157, § 3.
Cross References
Dispute Resolution Act, see section 25-2901.
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-3001 - Terms, defined.

25-3001.
Terms, defined.
For purposes of sections 25-3001 to 25-3004:
(1) Eligible low-income person means any person (a) whose income is less than one hundred twenty-five percent of the federal poverty level, (b) who is financially eligible under the service provider's eligibility guidelines, (c) who resides in one of the counties in the service provider's area, and (d) who has a civil legal problem that falls within the guidelines established by the Commission on Public Advocacy;
(2) Service area means the counties in Nebraska defined by the commission as the area to be served by a service provider; and
(3) Service provider means a nonprofit entity that is engaged in or desires to become engaged in the provision of free civil legal services to eligible low-income persons.
Source
Laws 1997, LB 729, § 4.
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-3002 - Legal Aid and Services Fund; created; use; investment.

25-3002.
Legal Aid and Services Fund; created; use; investment.
The Legal Aid and Services Fund is created. Money in the fund shall be used to provide civil legal services to eligible low-income persons. The Commission on Public Advocacy shall distribute all money in the fund periodically in the form of grants to service providers of civil legal services to eligible low-income persons as determined by the commission pursuant to section 25-3004. Any money in the fund available for investment shall be invested by the state investment officer pursuant to the Nebraska Capital Expansion Act and the Nebraska State Funds Investment Act. Any money left in the Legal Aid and Services Fund on December 31 of any year shall be distributed in the following year.
Source
Laws 1997, LB 729, § 3;
Laws 1999, LB 759, § 1.
Cross References
Nebraska Capital Expansion Act, see section 72-1269.
Nebraska State Funds Investment Act, see section 72-1260.
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-3003 - Commission on Public Advocacy; duties.

25-3003.
Commission on Public Advocacy; duties.
(1) The Commission on Public Advocacy shall establish eligibility criteria and guidelines to determine on an annual basis (a) the service areas, (b) the legal services to be provided and the priorities for providing the services, and (c) the service provider or providers for each service area. The commission shall annually certify one or more service providers for each service area. A single service provider may be certified for more than one service area. Such certification entitles the service provider to a distribution of funds as defined and determined by section 25-3004.
(2) The commission shall accept applications for certification on an annual basis from entities interested in providing free civil legal services to eligible low-income persons. In the application, each applicant shall certify to the commission that the applicant intends to provide free civil legal services to eligible low-income persons as determined by the commission.
Source
Laws 1997, LB 729, § 5.
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-3004 - Service provider; receipt of funds; powers and duties.

25-3004.
Service provider; receipt of funds; powers and duties.
(1) Each service provider certified by the Commission on Public Advocacy shall be eligible to receive funds from the Legal Aid and Services Fund to provide free civil legal services to eligible low-income persons in the service area for which it is certified. The funds granted to each service provider from the Legal Aid and Services Fund shall be determined by the commission.
(2) Each service provider is authorized to use funds received from the Legal Aid and Services Fund to provide legal services in civil matters to any eligible low-income person.
(3) A service provider which has received funds from the Legal Aid and Services Fund shall be audited annually.
Source
Laws 1997, LB 729, § 6;
Laws 1999, LB 759, § 2.
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-3007 - Civil Legal Services Program; created; use of appropriations; Commission on Public Advocacy; duties.

25-3007.
Civil Legal Services Program; created; use of appropriations; Commission on Public Advocacy; duties.
The Civil Legal Services Program is created. Appropriations to the program and money in the Civil Legal Services Fund shall be used to provide grants for civil legal services to eligible low-income persons. The Commission on Public Advocacy shall distribute grants pursuant to section 25-3008.
Source
Laws 2006, LB 746, § 3;
Laws 2009, LB35, § 16.
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-3008 - Grant recipients; requirements; application; audit.

25-3008.
Grant recipients; requirements; application; audit.
(1) The Commission on Public Advocacy shall establish guidelines for submission of applications for grants to provide civil legal services to eligible low-income persons. To be eligible for a grant under this section, a civil legal services provider shall:
(a) Be a nonprofit organization chartered in Nebraska;
(b) Employ or contract with attorneys admitted to practice before the Nebraska Supreme Court and the United States District Courts;
(c) Have offices located throughout the state;
(d) Have as its principal purpose and mission the delivery of civil legal services to eligible low-income persons who are residents of Nebraska;
(e) Distribute its resources equitably throughout the state;
(f) Be a recipient of financial assistance for the delivery of civil legal services from the Legal Services Corporation established by the federal Legal Services Corporation Act, 42 U.S.C. 2996 et seq.; and
(g) Certify that any grant funds received pursuant to this section will be used to supplement any existing funds used by the applicant and that such funds will not replace other funds appropriated or awarded by a state agency to provide civil legal services to any eligible low-income person.
(2) A civil legal services provider seeking a grant under this section shall file an application with the commission on forms provided by the commission. The application shall include a place for the provider to certify to the commission that it will provide free civil legal services to eligible low-income persons upon receipt of a grant under this section.
(3) The commission shall review the applications and determine which civil legal services providers shall receive grants under this section and the amount of the grants. Grant recipients shall use the grant funds to provide free civil legal services to eligible low-income persons.
(4) An independent certified public accountant shall annually audit the books and accounts of each grant recipient. The grant recipients shall provide the results of such audit to the commission.
Source
Laws 2006, LB 746, § 4;
Laws 2009, LB35, § 17.
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-3009 - Civil Legal Services Fund; created; investment.

25-3009.
Civil Legal Services Fund; created; investment.
The Civil Legal Services Fund is created. Any money remaining in the fund at the end of a calendar year shall be distributed in the following calendar year. Any money in the fund available for investment shall be invested by the state investment officer pursuant to the Nebraska Capital Expansion Act and the Nebraska State Funds Investment Act.
Source
Laws 2006, LB 746, § 5.
Cross References
Nebraska Capital Expansion Act, see section 72-1269.
Nebraska State Funds Investment Act, see section 72-1260.
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-3010 - Civil Legal Services Fund; how funded.

25-3010.
Civil Legal Services Fund; how funded.
Beginning January 1, 2007, a fee of one dollar shall be taxed as costs in each criminal proceeding, including traffic infractions and misdemeanors, filed in all courts of this state for violations of state law or city or village ordinances. No such fee shall be collected in any juvenile court proceeding or when waived under section 29-2709. Such fee shall be remitted to the State Treasurer on forms prescribed by the State Treasurer within ten days after the close of each calendar quarter. The State Treasurer shall credit the money to the Civil Legal Services Fund.
Source
Laws 2006, LB 746, § 6.
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-3102 - Act; purpose; applicability.

25-3102.
Act; purpose; applicability.
The purpose of the Structured Settlements Transfers Protection Act is to protect structured settlement recipients involved in the process of transferring structured settlement payment rights. The act does not apply to structured settlements of claims for workers' compensation benefits.
Source
Laws 2001, LB 55, § 2.
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-3105 - Jurisdiction; hearing; notice.

25-3105.
Jurisdiction; hearing; notice.
(1) The Nebraska court that approved the structured settlement agreement has jurisdiction over an application for authorization of a transfer of structured settlement payment rights. If a Nebraska court did not approve the structured settlement agreement, a person shall file an application under section 25-3104 in the district court for the county in which the payee resides.
(2) Not less than twenty days before the scheduled hearing on an application for authorization of a transfer of structured settlement payment rights under section 25-3104, the transferee shall file with the court and all interested parties a notice of the proposed transfer and the application for its authorization. The notice shall include:
(a) A copy of the transferee's application to the court;
(b) A copy of the transfer agreement;
(c) A copy of the disclosure statement required under section 25-3104; and
(d) Notice that an interested party is entitled to support, oppose, or otherwise respond to the transferee's application, either in person or by counsel, by submitting written comments to the court or by participating in the hearing, and notification of the time and place of the hearing and notification of the manner in which and the time by which written responses to the application must be filed in order to be considered by the court. Written responses to the application shall be filed within fifteen days after service of the transferee's notice.
Source
Laws 2001, LB 55, § 5.
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-3106 - Waiver prohibited; failure to meet conditions; effect.

25-3106.
Waiver prohibited; failure to meet conditions; effect.
The provisions of sections 25-3103 to 25-3105 may not be waived. No payee who proposes to make a transfer of structured settlement payment rights shall incur a penalty, forfeit an application fee or other payment, or otherwise incur any liability to the proposed transferee based on the failure of the transfer to satisfy the conditions of section 25-3104.
Source
Laws 2001, LB 55, § 6.
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-3202 - Terms, defined.

25-3202.
Terms, defined.
For purposes of the Uniform Conflict of Laws Limitations Act:
(1) Claim means a right of action that may be asserted in a civil action or proceeding and includes a right of action created by statute;
(2) State means a state, commonwealth, territory, or possession of the United States, the District of Columbia, the Commonwealth of Puerto Rico, a foreign country, or a political subdivision of any of them; and
(3) Resident means an individual who is domiciled in this state, a corporation that is either incorporated or has its principal place of business in this state, or an unincorporated entity that has its principal place of business in this state.
Source
Laws 2006, LB 1115, § 2.
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-3203 - Conflict of laws; limitation periods.

25-3203.
Conflict of laws; limitation periods.
(1)(a) Except as provided by section 25-3205 and subsection (2) of this section, if a claim is substantively based:
(i) Upon the law of one other state, the limitation period of that state applies; or
(ii) Upon the law of more than one state, the limitation period of one of those states chosen by the law of conflict of laws of this state applies.
(b) The limitation period of this state applies to all other claims.
(2) If a cause of action arises outside of this state and the action is barred under the applicable statute of limitations of the place where it arose, the action may be maintained in this state if the plaintiff is a resident of this state who has owned the cause of action since it accrued and the cause of action is not barred under the applicable statute of limitations of this state.
Source
Laws 2006, LB 1115, § 3.
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-3204 - Rules applicable to computation of limitation period.

25-3204.
Rules applicable to computation of limitation period.
If the statute of limitations of another state applies to the assertion of a claim in this state, the other state’s relevant statutes and other rules of law governing tolling and accrual apply in computing the limitation period, but its statutes and other rules of law governing conflict of laws do not apply.
Source
Laws 2006, LB 1115, § 4.
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-3205 - Unfairness.

25-3205.
Unfairness.
If the court determines that the limitation period of another state applicable under section 25-3203 or 25-3204 is substantially different from the limitation period of this state and has not afforded a fair opportunity to sue upon, or imposes an unfair burden in defending against, the claim, the limitation period of this state applies.
Source
Laws 2006, LB 1115, § 5.
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-3207 - Uniformity of application and construction.

25-3207.
Uniformity of application and construction.
The Uniform Conflict of Laws Limitations Act shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of the Uniform Conflict of Laws Limitations Act among states enacting it.
Source
Laws 2006, LB 1115, § 7.
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-3302 - Terms, defined.

25-3302.
Terms, defined.
For purposes of the Nonrecourse Civil Litigation Act:
(1) Civil litigation funding company means a person or entity that enters into a nonrecourse civil litigation funding transaction with a consumer;
(2) Consumer means a person residing or domiciled in Nebraska or who elects to enter into a transaction under the act, whether it be in person, over the Internet, by facsimile, or by any other electronic means, and who has a pending legal claim and is represented by an attorney at the time he or she receives the nonrecourse civil litigation funding;
(3) Legal claim means a civil claim or action; and
(4) Nonrecourse civil litigation funding means a transaction in which a civil litigation funding company purchases and a consumer assigns the contingent right to receive an amount of the potential proceeds of the consumer's legal claim to the civil litigation funding company out of the proceeds of any realized settlement, judgment, award, or verdict the consumer may receive in the legal claim.
Source
Laws 2010, LB1094, § 2.
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-3304 - Civil litigation funding company; prohibited acts.

25-3304.
Civil litigation funding company; prohibited acts.
(1) The civil litigation funding company shall not pay or offer to pay commissions or referral fees to any attorney or employee of a law firm or to any medical provider, chiropractor, or physical therapist or their employees for referring a consumer to the civil litigation funding company.
(2) The civil litigation funding company shall not accept any commissions, referral fees, or rebates from any attorney or employee of a law firm or any medical provider, chiropractor, or physical therapist or their employees.
(3) The civil litigation funding company shall not advertise false or intentionally misleading information regarding such company's product or services.
(4) The civil litigation funding company shall not knowingly provide nonrecourse civil litigation funding to a consumer who has previously sold and assigned an amount of such consumer's potential proceeds from the legal claim to another civil litigation funding company without first buying out that civil litigation funding company's entire accrued balance unless otherwise agreed in writing by the civil litigation funding companies and the consumer.
Source
Laws 2010, LB1094, § 4.
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-3305 - Assessment of fees; restrictions; calculations.

25-3305.
Assessment of fees; restrictions; calculations.
(1) A civil litigation funding company may not assess fees for any period exceeding thirty-six months from the date of the contract with the consumer.
(2) Fees assessed by the civil litigation funding company shall compound at least semiannually but shall not compound based on any lesser time period.
(3) In calculating the annual percentage fee or rate of return, a civil litigation funding company shall include all charges payable directly or indirectly by the consumer and shall compute the rate based only on amounts actually received and retained by a consumer.
Source
Laws 2010, LB1094, § 5.
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-3306 - Effect of communication on privileges.

25-3306.
Effect of communication on privileges.
No communication between the attorney and the civil litigation funding company as it pertains to the nonrecourse civil litigation funding contract shall limit, waive, or abrogate the scope or nature of any statutory or common-law privilege, including the work-product doctrine and the attorney-client privilege.
Source
Laws 2010, LB1094, § 6.
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-3307 - Civil litigation funding company; registration required; application; form; renewal.

25-3307.
Civil litigation funding company; registration required; application; form; renewal.
(1) Unless a civil litigation funding company has first registered pursuant to the Nonrecourse Civil Litigation Act, the civil litigation funding company cannot engage in the business of nonrecourse civil litigation funding.
(2) A civil litigation funding company shall submit an application of registration to the Secretary of State in a form prescribed by the Secretary of State. An application filed under this subsection is a public record and shall contain information that allows the Secretary of State to make an evaluation of the character, fitness, and financial responsibility of the company such that the Secretary of State may determine that the business will be operated honestly or fairly within the purposes of the act. For purposes of determining a civil litigation funding company's character, fitness, and financial responsibility, the Secretary of State shall request a company to submit: A copy of the company's articles of incorporation, articles of organization, certificate of limited partnership, or other organizational documents; proof of registration with a Nebraska registered agent; and proof of a surety bond or irrevocable letter of credit issued and confirmed by a financial institution authorized by law to transact business in the State of Nebraska that is equal to double the amount of the largest funding in the past calendar year or fifty thousand dollars, whichever is greater.
(3) A civil litigation funding company may apply to renew a registration by submitting an application for renewal in a form prescribed by the Secretary of State. An application filed under this subsection is a public record. The registration shall contain current information on all matters required in an original registration.
Source
Laws 2010, LB1094, § 7.
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-3308 - Registration fee; renewal fee.

25-3308.
Registration fee; renewal fee.
(1) An application for registration or renewal of registration under section 25-3307 shall be accompanied by either an application for registration fee or a renewal of registration fee, as applicable.
(2) The Secretary of State may, by rule and regulation, establish fees for applications for registration and renewals of registration at rates sufficient to cover the costs of administering the Nonrecourse Civil Litigation Act, in the event any such fees are required. Such fees shall be collected by the Secretary of State and remitted to the State Treasurer for credit to the Secretary of State Cash Fund.
Source
Laws 2010, LB1094, § 8;
Laws 2020, LB910, § 10.
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-3309 - Secretary of State; issue certificate of registration or renewal of registration; refusal to issue; grounds; suspend, revoke, or refuse renewal; temporary certificate; submission of data; contents; report.

25-3309.
Secretary of State; issue certificate of registration or renewal of registration; refusal to issue; grounds; suspend, revoke, or refuse renewal; temporary certificate; submission of data; contents; report.
(1) The Secretary of State shall issue a certificate of registration to a civil litigation funding company who complies with subsection (2) of section 25-3307 or a renewal of registration under subsection (3) of section 25-3307.
(2) The Secretary of State may refuse to issue a certificate of registration if the Secretary of State determines that the character, fitness, or financial responsibility of the civil litigation funding company are such as to warrant belief that the business will not be operated honestly or fairly within the purposes of the Nonrecourse Civil Litigation Act.
(3) The Secretary of State may suspend, revoke, or refuse to renew a certificate of registration for conduct that would have justified denial of registration under subsection (2) of section 25-3307 or for violating section 25-3304.
(4) The Secretary of State may deny, suspend, revoke, or refuse to renew a certificate of registration only after proper notice and an opportunity for a hearing. The Administrative Procedure Act applies to the Nonrecourse Civil Litigation Act.
(5) The Secretary of State may issue a temporary certificate of registration while an application for registration or renewal of registration is pending.
(6) The Secretary of State shall require a civil litigation funding company registered pursuant to the act to annually submit certain data, in a form prescribed by the Secretary of State that contains:
(a) The number of nonrecourse civil litigation fundings;
(b) The amount of nonrecourse civil litigation fundings;
(c) The number of nonrecourse civil litigation fundings required to be repaid by the consumer;
(d) The amount charged to the consumer, including, but not limited to, the annual percentage fee charged to the consumer and the itemized fees charged to the consumer; and
(e) The dollar amount and number of cases in which the realization to the civil litigation funding company was less than contracted.
(7) The Secretary of State shall annually prepare and electronically submit a report to the Clerk of the Legislature and to the Judiciary Committee of the Legislature on the status of nonrecourse civil litigation funding activities in the state. The report shall include aggregate information reported by registered civil litigation funding companies.
Source
Laws 2010, LB1094, § 9;
Laws 2012, LB782, § 30.
Cross References
Administrative Procedure Act, see section 84-920.
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-3501 - Act, how cited.

25-3501.
Act, how cited.
Sections 25-3501 to 25-3508 shall be known and may be cited as the Uniform Civil Remedies for Unauthorized Disclosure of Intimate Images Act.
Source
Laws 2019, LB680, § 1.
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-3502 - Definitions.

25-3502.
Definitions.
In the Uniform Civil Remedies for Unauthorized Disclosure of Intimate Images Act:
(1) Consent means affirmative, conscious, and voluntary authorization by an individual with legal capacity to give authorization.
(2) Depicted individual means an individual whose body is shown in whole or in part in an intimate image.
(3) Disclosure means transfer, publication, or distribution to another person. Disclose has a corresponding meaning.
(4) Identifiable means recognizable by a person other than the depicted individual:
(A) from an intimate image itself; or
(B) from an intimate image and identifying characteristic displayed in connection with the intimate image.
(5) Identifying characteristic means information that may be used to identify a depicted individual.
(6) Individual means a human being.
(7) Intimate image means a photograph, film, video recording, or other similar medium that shows:
(A) the uncovered genitals, pubic area, anus, or female post-pubescent nipple of a depicted individual; or
(B) a depicted individual engaging in or being subjected to sexual conduct.
(8) Person means an individual, estate, business or nonprofit entity, public corporation, government or governmental subdivision, agency, or instrumentality, or other legal entity.
(9) Sexual conduct includes:
(A) masturbation;
(B) genital, anal, or oral sex;
(C) sexual penetration of, or with, an object;
(D) bestiality; or
(E) the transfer of semen onto a depicted individual.
Source
Laws 2019, LB680, § 2.
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-3503 - Civil action.

25-3503.
Civil action.
(a) In this section:
(1) Harm includes physical harm, economic harm, and emotional distress whether or not accompanied by physical or economic harm.
(2) Private means:
(A) created or obtained under circumstances in which a depicted individual had a reasonable expectation of privacy; or
(B) made accessible through theft, bribery, extortion, fraud, false pretenses, voyeurism, or exceeding authorized access to an account, message, file, device, resource, or property.
(b) Except as otherwise provided in section 25-3504, a depicted individual who is identifiable and who suffers harm from a person's intentional disclosure or threatened disclosure of an intimate image that was private without the depicted individual's consent has a cause of action against the person if the person knew or acted with reckless disregard for whether:
(1) the depicted individual did not consent to the disclosure;
(2) the intimate image was private; and
(3) the depicted individual was identifiable.
(c) The following conduct by a depicted individual does not establish by itself that the individual consented to the disclosure of the intimate image which is the subject of an action under the Uniform Civil Remedies for Unauthorized Disclosure of Intimate Images Act or that the individual lacked a reasonable expectation of privacy:
(1) consent to creation of the image; or
(2) previous consensual disclosure of the image.
(d) A depicted individual who does not consent to the sexual conduct or uncovering of the part of the body depicted in an intimate image of the individual retains a reasonable expectation of privacy even if the image was created when the individual was in a public place.
Source
Laws 2019, LB680, § 3.
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-3504 - Exceptions to liability.

25-3504.
Exceptions to liability.
(a) In this section:
(1) Child means an unemancipated individual who is less than nineteen years of age.
(2) Parent means an individual recognized as a parent under law of this state other than the Uniform Civil Remedies for Unauthorized Disclosure of Intimate Images Act.
(b) A person is not liable under the act if the person proves that disclosure of, or a threat to disclose, an intimate image was:
(1) made in good faith in:
(A) law enforcement;
(B) a legal proceeding; or
(C) medical education or treatment;
(2) made in good faith in the reporting or investigation of:
(A) unlawful conduct; or
(B) unsolicited and unwelcome conduct;
(3) related to a matter of public concern or public interest; or
(4) reasonably intended to assist the depicted individual.
(c) Subject to subsection (d) of this section, a defendant who is a parent, legal guardian, or individual with legal custody of a child is not liable under the act for a disclosure or threatened disclosure of an intimate image, as defined in subdivision (7)(A) of section 25-3502, of the child.
(d) If a defendant asserts an exception to liability under subsection (c) of this section, the exception does not apply if the plaintiff proves the disclosure was:
(1) prohibited by law other than the act; or
(2) made for the purpose of sexual arousal, sexual gratification, humiliation, degradation, or monetary or commercial gain.
(e) Disclosure of, or a threat to disclose, an intimate image is not a matter of public concern or public interest solely because the depicted individual is a public figure.
Source
Laws 2019, LB680, § 4.
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-3505 - Remedies.

25-3505.
Remedies.
(a) In an action under the Uniform Civil Remedies for Unauthorized Disclosure of Intimate Images Act, a prevailing plaintiff may recover as compensation:
(1)(A) economic and noneconomic damages proximately caused by the defendant's disclosure or threatened disclosure, including damages for emotional distress whether or not accompanied by other damages; or
(B) if the actual damages are incapable of being quantified or difficult to quantify, presumed damages not to exceed ten thousand dollars against each defendant in an amount that bears a reasonable relationship to the probable damages incurred by the prevailing plaintiff. In determining the amount of presumed damages under subdivision (a)(1)(B) of this section, consideration must be given to the age of the parties at the time of the disclosure or threatened disclosure, the number of disclosures or threatened disclosures made by the defendant, the breadth of distribution of the image by the defendant, and other exacerbating or mitigating factors; and
(2) an amount equal to any monetary gain made by the defendant from disclosure of the intimate image.
(b) In an action under the act, the court may award a prevailing plaintiff:
(1) reasonable attorney's fees and costs; and
(2) additional relief, including injunctive relief.
(c) The act does not affect a right or remedy available under law of this state other than the act.
Source
Laws 2019, LB680, § 5.
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-3506 - Statute of limitations.

25-3506.
Statute of limitations.
(a) An action under subsection (b) of section 25-3503 for:
(1) an unauthorized disclosure may not be brought later than four years from the date the disclosure was discovered or should have been discovered with the exercise of reasonable diligence; and
(2) a threat to disclose may not be brought later than four years from the date of the threat to disclose.
(b) This section is subject to section 25-213.
Source
Laws 2019, LB680, § 6.
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-3507 - Construction.

25-3507.
Construction.
(a) In an action brought under the Uniform Civil Remedies for Unauthorized Disclosure of Intimate Images Act, no provider or user of an interactive computer service shall be treated as a person disclosing any information provided by another information content provider unless the provider or user of such interactive computer service is responsible, in whole or in part, for the creation or development of the information provided through the Internet or any other interactive service.
(b) No provider or user of an interactive computer service shall be held liable under the act on account of:
(1) any action voluntarily taken in good faith to restrict access to or availability of material that the provider or user considers to be obscene, lewd, lascivious, filthy, excessively violent, harassing, or otherwise objectionable, whether or not such material is constitutionally protected; or
(2) any action taken to enable or make available to any information content provider or others the technical means to restrict access to material described in subdivision (b)(1) of this section.
(c) Nothing in the Uniform Civil Remedies for Unauthorized Disclosure of Intimate Images Act shall be construed to impose liability on an interactive computer service for content provided by another person.
(d) The Uniform Civil Remedies for Unauthorized Disclosure of Intimate Images Act must be construed to be consistent with 47 U.S.C. 230, as such section existed on January 1, 2019.
(e) The act may not be construed to alter the law of this state on sovereign immunity.
(f) For purposes of this section, information content provider and interactive computer service have the same meanings as in 47 U.S.C. 230, as such section existed on January 1, 2019.
Source
Laws 2019, LB680, § 7.
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-3508 - Uniformity of application and construction.

25-3508.
Uniformity of application and construction.
In applying and construing the Uniform Civil Remedies for Unauthorized Disclosure of Intimate Images 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 2019, LB680, § 8.
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-3509 - Plaintiff's privacy.

25-3509.
Plaintiff's privacy.
In any action brought pursuant to the Uniform Civil Remedies for Unauthorized Disclosure of Intimate Images Act, a plaintiff may request to use a pseudonym instead of his or her legal name in all court proceedings and records. Upon finding that the use of a pseudonym is proper, the court shall ensure that the pseudonym is used in all court proceedings and records.
Source
Laws 2019, LB680, § 9.
Cross References
Uniform Civil Remedies for Unauthorized Disclosure of Intimate Images Act, see section 25-3501.
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-3601 - Act, how cited.

25-3601.
Act, how cited.
Sections 25-3601 to 25-3604 shall be known and may be cited as the COVID-19 Liability Act.
Source
Laws 2021, LB139, § 1.
Cross References
Health Care Crisis Protocol Act, see section 71-2701.
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-3602 - Terms, defined.

25-3602.
Terms, defined.
For purposes of the COVID-19 Liability Act:
(1) COVID-19 means the novel coronavirus identified as SARS-CoV-2, the disease caused by the novel coronavirus SARS-CoV-2 or a virus mutating therefrom, and the health conditions or threats associated with the disease caused by the novel coronavirus SARS-CoV-2 or a virus mutating therefrom;
(2) Federal public health guidance means and includes written or oral guidance related to COVID-19 issued by any of the following:
(a) The Centers for Disease Control and Prevention of the United States Department of Health and Human Services;
(b) The Centers for Medicare and Medicaid Services of the United States Department of Health and Human Services; or
(c) The federal Occupational Safety and Health Administration; and
(3)(a) Person means:
(i) Any natural person;
(ii) Any sole proprietorship, partnership, limited liability partnership, corporation, limited liability company, business trust, estate, trust, unincorporated association, or joint venture;
(iii) The State of Nebraska and any political subdivision of the state;
(iv) Any school, college, university, institution of higher education, religious organization, or charitable organization; or
(v) Any other legal or commercial entity.
(b) Person includes an employee, director, governing board, officer, agent, independent contractor, or volunteer of a person listed in subdivision (3)(a) of this section.
Source
Laws 2021, LB139, § 2.
Cross References
Health Care Crisis Protocol Act, see section 71-2701.
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-3603 - Exposure or potential exposure to COVID-19; civil action; when permitted.

25-3603.
Exposure or potential exposure to COVID-19; civil action; when permitted.
A person may not bring or maintain a civil action seeking recovery for any injuries or damages sustained from exposure or potential exposure to COVID-19 on or after May 26, 2021, if the act or omission alleged to violate a duty of care was in substantial compliance with any federal public health guidance that was applicable to the person, place, or activity at issue at the time of the alleged exposure or potential exposure.
Source
Laws 2021, LB139, § 3.
Cross References
Health Care Crisis Protocol Act, see section 71-2701.
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-3604 - Act; how construed.

25-3604.
Act; how construed.
The COVID-19 Liability Act shall not be construed to:
(1) Create, recognize, or ratify a claim or cause of action of any kind;
(2) Eliminate or satisfy a required element of a claim or cause of action of any kind;
(3) Affect rights or coverage limits under the Nebraska Workers' Compensation Act;
(4) Abrogate, amend, repeal, alter, or affect any statutory or common law immunity or limitation of liability; or
(5) Constitute a waiver of the sovereign immunity of the State of Nebraska or any political subdivision of the state.
Source
Laws 2021, LB139, § 4.
Cross References
Health Care Crisis Protocol Act, see section 71-2701.
Nebraska Workers' Compensation Act, see section 48-1,110.
2023 Nebraska Revised Statutes › Chapter 27 - Courts; Rules of Evidence › 27-101 - Rule 101. Scope.

27-101.
Rule 101. Scope.
These rules govern proceedings in the courts of the State of Nebraska, except to the extent and with the exceptions stated in section 27-1101.
Source
Laws 1975, LB 279, § 1.
Annotations
In proceedings where the Nebraska Evidence Rules apply, the admissibility of evidence is controlled by the Nebraska Evidence Rules; judicial discretion is involved only when the rules make discretion a factor in determining admissibility. State v. Draganescu, 276 Neb. 448, 755 N.W.2d 57 (2008).
When a state evidence rule is substantially similar to a corresponding federal rule of evidence, state courts may look to federal decisions interpreting the corresponding federal rule for guidance in construing the state rule. State v. Draganescu, 276 Neb. 448, 755 N.W.2d 57 (2008).
Where the Nebraska Evidence Rules commit the evidentiary question at issue to the discretion of the trial court, an appellate court reviews the admissibility of evidence for an abuse of discretion. State v. Draganescu, 276 Neb. 448, 755 N.W.2d 57 (2008).
At a juvenile adjudication hearing, the admissibility of evidence is governed by the customary rules of evidence used in trials without a jury. The Nebraska Evidence Rules do not apply at a dispositional hearing. The requirements of due process control a dispositional hearing and the type of evidence which may be used by the State. In re Interest of O.L.D. and M.D.D., 1 Neb. App. 471, 499 N.W.2d 552 (1993).
2023 Nebraska Revised Statutes › Chapter 27 - Courts; Rules of Evidence › 27-102 - Rule 102. Purpose and construction.

27-102.
Rule 102. Purpose and construction.
These rules shall be construed to secure fairness in administration, elimination of unjustifiable expense and delay, and promotion of growth and development of the law of evidence to the end that the truth may be ascertained and proceedings justly determined.
Source
Laws 1975, LB 279, § 2.
Annotations
Requiring a renewed objection in the case of a motion in limine, including a motion to redact, is consistent with the principles of “fairness in administration,” discovery of truth, and just determination identified in this section. State v. Huston, 285 Neb. 11, 824 N.W.2d 724 (2013).
Ruling on admissibility of evidence are discretionary with the trial judge. State v. King, 197 Neb. 729, 250 N.W.2d 655 (1977).
2023 Nebraska Revised Statutes › Chapter 27 - Courts; Rules of Evidence › 27-105 - Rule 105. Limited admissibility.

27-105.
Rule 105. Limited admissibility.
When evidence which is admissible as to one party or for one purpose but not admissible as to another party or for another purpose is admitted, the judge, upon request, shall restrict the evidence to its proper scope and instruct the jury accordingly.
Source
Laws 1975, LB 279, § 5.
Annotations
Because evidence of other acts submitted for a proper purpose may at the same time lead the jury to infer bad character and employ propensity reasoning, the trial court must, if requested by the defendant, instruct the jury to focus only on the proper purpose of the evidence. State v. Oldson, 293 Neb. 718, 884 N.W.2d 10 (2016).
While the giving of a limiting instruction is mandatory when requested, it is within the trial court's discretion whether to give a limiting instruction contemporaneously with the testimony or in the general instructions to the jury. State v. Ryan, 233 Neb. 74, 444 N.W.2d 610 (1989).
2023 Nebraska Revised Statutes › Chapter 27 - Courts; Rules of Evidence › 27-301 - Rule 301. Presumptions in general.

27-301.
Rule 301. Presumptions in general.
In all cases not otherwise provided for by statute or by these rules a presumption imposes on the party against whom it is directed the burden of proving that the nonexistence of the presumed fact is more probable than its existence.
Source
Laws 1975, LB 279, § 8.
Annotations
The concept referred to as a "presumption of undue influence" in will contests is not a true presumption. In re Estate of Clinger, 292 Neb. 237, 872 N.W.2d 37 (2015).
The trial court did not err in refusing a proposed instruction on a presumption of undue influence where both the contestant and the proponent had met their respective burdens of production of evidence. In re Estate of Clinger, 292 Neb. 237, 872 N.W.2d 37 (2015).
In all cases not otherwise provided for by statute or by such rules, a presumption imposes on the party against whom it is directed the burden of proving that the nonexistence of the presumed fact is more probable than its existence. This rule applies to the rebuttable presumption that an opinion regarding loss of earning capacity expressed by a vocational rehabilitation counselor appointed or selected pursuant to section 48-162.01(3) is correct. Variano v. Dial Corp., 256 Neb. 318, 589 N.W.2d 845 (1999).
The regulatory presumption contained in Neb. Admin. Code tit. 469, ch. 2, section 2-009.07B4 (1985), that the gratuitous transfer of an applicant's home within two years before moving into a different facility is presumed to be the transfer of a resource to qualify for public assistance, does not come within the ambit of this section of the Nebraska Evidence Rules. Meier v. State, 227 Neb. 376, 417 N.W.2d 771 (1988).
The "presumption of undue influence" is not a presumption within the ambit and meaning of section 27-301. Anderson v. Claussen, 200 Neb. 74, 262 N.W.2d 438 (1978).
A presumption of undue influence in executing deeds is not a presumption contemplated by this section and the burden of proof on the issue of undue influence remains on the contestant. Golgert v. Smidt, 197 Neb. 667, 250 N.W.2d 628 (1977).
In contested will case, the "presumption of undue influence" is not a presumption within the ambit and meaning of this section. McGowan v. McGowan, 197 Neb. 596, 250 N.W.2d 234 (1977).
2023 Nebraska Revised Statutes › Chapter 27 - Courts; Rules of Evidence › 27-302 - Rule 302. Applicability of federal law in civil cases.

27-302.
Rule 302. Applicability of federal law in civil cases.
In civil actions and proceedings, the effect of a presumption respecting a fact which is an element of a claim or defense as to which federal law supplies the rule of decision is determined in accordance with the federal law.
Source
Laws 1975, LB 279, § 9.
2023 Nebraska Revised Statutes › Chapter 27 - Courts; Rules of Evidence › 27-303 - Rule 303. Presumptions in criminal cases; scope; submission to jury; instruction to jury.

27-303.
Rule 303. Presumptions in criminal cases; scope; submission to jury; instruction to jury.
(1) Except as otherwise provided by statute, in criminal cases, presumptions against an accused, recognized at common law or created by statute, including statutory provisions that certain facts are prima facie evidence of other facts or of guilt, are governed by this rule.
(2) The judge is not authorized to direct the jury to find a presumed fact against the accused. When the presumed fact establishes guilt or is an element of the offense or negatives a defense, the judge may submit the question of guilt or of the existence of the presumed fact to the jury, if, but only if, a reasonable juror on the evidence as a whole, including the evidence of the basic facts, could find guilt or the presumed fact beyond a reasonable doubt. When the presumed fact has a lesser effect, its existence may be submitted to the jury if the basic facts are supported by substantial evidence, or are otherwise established, unless the evidence as a whole negatives the existence of the presumed fact.
(3) Whenever the existence of a presumed fact against the accused is submitted to the jury, the judge shall give an instruction that the law declares that the jury may regard the basic facts as sufficient evidence of the presumed fact but does not require it to do so. In addition, if the presumed fact establishes guilt or is an element of the offense or negatives a defense, the judge shall instruct the jury that its existence must, on all the evidence, be proved beyond a reasonable doubt.
Source
Laws 1975, LB 279, § 10.
Annotations
When a trial court instructs a jury on an inference regarding a specific fact or set of facts, the instruction must specifically include a statement explaining to the jury that it may regard the basic facts as sufficient evidence of the inferred fact, but that it is not required to do so; the instruction must also explain that the existence of the inferred facts must, on all the evidence, be proved beyond a reasonable doubt. State v. Taylor, 282 Neb. 297, 803 N.W.2d 746 (2011).
References to "presumptions" in this section necessarily include "inferences." Instructions as to presumptions in criminal cases must conform to the requirements of this section. State v. Parks, 245 Neb. 205, 511 N.W.2d 774 (1994).
Under subsection (3) of this section, whenever the jury in a criminal trial is instructed as to the presumption of possession found in section 28-1212, the jury must also be instructed that it is not required to accept the presumption. State v. Stalder, 231 Neb. 896, 438 N.W.2d 498 (1989).