reglab/statecodes huggingface dataset:
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-2301.01 - Application; contents.

25-2301.01.
Application; contents.
Any county or state court, except the Nebraska Workers' Compensation Court, may authorize the commencement, prosecution, defense, or appeal therein, of a civil or criminal case in forma pauperis. An application to proceed in forma pauperis shall include an affidavit stating that the affiant is unable to pay the fees and costs or give security required to proceed with the case, the nature of the action, defense, or appeal, and the affiant's belief that he or she is entitled to redress.
Source
Laws 1999, LB 689, § 3.
Annotations
The timing of the appellant's execution of the poverty affidavit is not, like an "affiant" personally signing the "affidavit," fundamental to the concept of an "affidavit" set forth in this section. State v. Blake, 310 Neb. 769, 969 N.W.2d 399 (2022).
By obtaining permission to proceed in forma pauperis, a party is not granted the payment of his or her attorney fees. State v. Ortega, 290 Neb. 172, 859 N.W.2d 305 (2015).
In a juvenile’s appeal from a delinquency proceeding, the poverty affidavit of the juvenile’s parent may be filed in support of the juvenile’s request to proceed in forma pauperis, and a parent is a party who may state a belief that the juvenile is entitled to relief. In re Interest of Edward B., 285 Neb. 556, 827 N.W.2d 805 (2013).
The filing of a poverty affidavit, properly confirmed by oath or affirmation, serves as a substitute for the docket fee for an appeal. An in forma pauperis appeal is perfected when the appellant timely files a notice of appeal and an affidavit of poverty. In re Interest of Edward B., 285 Neb. 556, 827 N.W.2d 805 (2013).
Failure to file an application separate from the poverty affidavit under this section does not divest the court of jurisdiction. State v. McLemore, 261 Neb. 452, 623 N.W.2d 315 (2001).
This section does not require that a separate application to proceed in forma pauperis be filed in addition to the poverty affidavit as long as the poverty affidavit itself contains some indication that a defendant is requesting or applying for in forma pauperis status. State v. Campbell, 260 Neb. 1021, 620 N.W.2d 750 (2001).
If a request to proceed in forma pauperis is granted by the district court, an appellate court obtains jurisdiction when the notice of appeal is timely filed, and any failure of the affidavit to state the nature of the action or that the affiant is entitled to redress under this section will not divest the court of jurisdiction. State v. Dallmann, 260 Neb. 937, 621 N.W.2d 86 (2000).
The absence of language in a poverty affidavit indicating the nature of the action being appealed and that the affiant is entitled to redress will not divest an appellate court of jurisdiction over the appeal where the district court has already granted the application for in forma pauperis status on appeal. State v. Grant, 9 Neb. App. 919, 623 N.W.2d 337 (2001).
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-2302 - Costs of action.

25-2302.
Costs of action.
In any civil or criminal case in which a party is permitted to proceed in forma pauperis, the court shall direct the responsible officer of the court to issue and serve all the necessary writs, process, and proceedings and perform all such duties without charge.
Source
Laws 1972, LB 1120, § 2;
Laws 1999, LB 689, § 5.
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-2303 - Process; costs; payment by county.

25-2303.
Process; costs; payment by county.
In any civil or criminal case in which a party is permitted to proceed in forma pauperis, the court shall direct that the expense of process by publication, if such process is required by the court, be paid by the county in the same manner as other claims are paid.
Source
Laws 1972, LB 1120, § 3;
Laws 1999, LB 689, § 6.
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-2304 - Witness; subpoena; process; fees; payment by county.

25-2304.
Witness; subpoena; process; fees; payment by county.
In any civil or criminal case in which a party is permitted to proceed in forma pauperis, the court may order witnesses to be subpoenaed if the court finds that they have evidence material and necessary to the case and that they are within the judicial district in which the court is held or within one hundred miles of the place of trial. In such case the process and the fees of the witnesses shall be paid by the county in the same manner as other claims are paid.
Source
Laws 1972, LB 1120, § 4;
Laws 1999, LB 689, § 7.
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-2305 - Appeal; printing of record; cost paid by county.

25-2305.
Appeal; printing of record; cost paid by county.
In civil or criminal cases in which a party is permitted to proceed in forma pauperis, the court shall direct that the expenses of printing the record on appeal, if such printing is required by the appellate court, be paid by the county in the same manner as other claims are paid.
Source
Laws 1972, LB 1120, § 5;
Laws 1999, LB 689, § 8.
Annotations
To be effective, a poverty affidavit must show on its face, by the certificate of an authorized officer before whom it is taken, evidence that it was duly sworn to by the party making the affidavit. State v. Hunter, 234 Neb. 567, 451 N.W.2d 922 (1990).
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-2306 - Transcripts; costs; payment by county.

25-2306.
Transcripts; costs; payment by county.
In any civil or criminal case in which a party is permitted to proceed in forma pauperis, the court shall order transcripts to be furnished without cost if the suit or appeal is not frivolous but presents a substantial question and if the transcript is needed to prepare, present, or decide the issue presented by the case or appeal. Such costs shall be paid by the county in the same manner as other claims are paid.
Source
Laws 1972, LB 1120, § 6;
Laws 1999, LB 689, § 9.
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-2307 - Appellate briefs; costs; payment by county.

25-2307.
Appellate briefs; costs; payment by county.
In any civil or criminal case in which a party is permitted to proceed in forma pauperis, on appeal the court shall direct that the expense of printing of the appellate briefs, if such printing is required by the court, be paid by the county in the same manner as other claims are paid.
Source
Laws 1972, LB 1120, § 7;
Laws 1999, LB 689, § 10.
Annotations
The expense of photocopying is included in the expense of "printing", which is required under this section to be paid by the county when a party has been permitted to proceed in forma pauperis. Heathman v. Kenney, 263 Neb. 966, 644 N.W.2d 558 (2002).
A district court has jurisdiction to hear a motion for reimbursement of costs sought under this section, and an order entered thereon is appealable as a summary application in an action after judgment. State v. Patterson, 18 Neb. App. 255, 778 N.W.2d 756 (2010).
Neither this section nor Heathman v. Kenney, 263 Neb. 966, 644 N.W.2d 558 (2002), support a conclusion that a request for reimbursement of printing costs must be made during the pendency of the appeal. State v. Patterson, 18 Neb. App. 255, 778 N.W.2d 756 (2010).
The words "on appeal" in this section follow the requirement that a party be permitted to proceed in forma pauperis and precede the requirement that the county pay for printing of the appellate briefs; therefore, the logical interpretation is that the expense of printing of appellate briefs is to be reimbursed to a party who is allowed to proceed in forma pauperis on appeal. State v. Patterson, 18 Neb. App. 255, 778 N.W.2d 756 (2010).
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-2309 - Satisfaction of costs; when.

25-2309.
Satisfaction of costs; when.
In the event any person prosecutes or defends a case in forma pauperis successfully, any and all cost deferred by the court under sections 25-2301 to 25-2310 shall be first satisfied out of any money paid in satisfaction of judgment.
Source
Laws 1972, LB 1120, § 9;
Laws 1999, LB 689, § 11.
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-2310 - Fraudulent practices; penalty.

25-2310.
Fraudulent practices; penalty.
Anyone who fraudulently fails to disclose material assets or income for the purpose of invoking the privileges of sections 25-2301 to 25-2310 is guilty of perjury and shall, upon conviction thereof, be punished as provided in section 28-915.
Source
Laws 1972, LB 1120, § 10;
Laws 1978, LB 748, § 4;
Laws 1999, LB 689, § 12.
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-2401 - Interpreters; public policy.

25-2401.
Interpreters; public policy.
It is hereby declared to be the policy of this state that the constitutional rights of persons unable to communicate the English language cannot be fully protected unless interpreters are available to assist such persons in legal proceedings. It is the intent of sections 25-2401 to 25-2407 to provide a procedure for the appointment of such interpreters to avoid injustice and to assist such persons in their own defense.
Source
Laws 1973, LB 116, § 1;
Laws 1987, LB 376, § 11;
Laws 2002, LB 22, § 8.
Annotations
A defendant does not waive his due process rights by failing to request an interpreter. But the absence of such request by a defendant or defense counsel is a fact relevant to whether the court should have recognized on its own that the defendant needed interpretative services. State v. Bol, 294 Neb. 248, 882 N.W.2d 674 (2016).
Even though a defendant might not speak grammatically correct English, where the record satisfactorily demonstrates that such defendant had a sufficient command of the English language to understand questions posed and answers given, a court does not abuse its discretion in refusing to appoint an interpreter. State v. Bol, 294 Neb. 248, 882 N.W.2d 674 (2016).
Generally, a defendant in a criminal proceeding may be entitled to have an interpreter provided only where he or she timely requests one, or it is otherwise brought to the trial court's attention that the defendant or a witness has a language difficulty that may prevent meaningful understanding of, or communication in, the proceeding. State v. Bol, 294 Neb. 248, 882 N.W.2d 674 (2016).
The appointment of an interpreter for an accused at trial is a matter resting largely in the discretion of the trial court. State v. Bol, 294 Neb. 248, 882 N.W.2d 674 (2016).
Minor or isolated inaccuracies, omissions, interruptions, or other defects in translation are inevitable and do not warrant relief where the translation is on the whole reasonably timely, complete, and accurate, and the defects do not render the proceeding fundamentally unfair. Tapia-Reyes v. Excel Corp., 281 Neb. 15, 793 N.W.2d 319 (2011).
The requirement that an interpreter provide an accurate translation implicates a defendant's due process right to a fair trial as guaranteed by the Fifth Amendment, the ultimate question being whether the translator's performance has rendered the trial fundamentally unfair. Tapia-Reyes v. Excel Corp., 281 Neb. 15, 793 N.W.2d 319 (2011).
If a defendant understands and communicates reasonably well in the English language, the mere fact that such defendant might be able to accomplish self-expression a little better in another language does not warrant utilizing an interpreter at trial. State v. Topete, 221 Neb. 771, 380 N.W.2d 635 (1986).
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-2402 - Terms, defined.

25-2402.
Terms, defined.
For the purposes of sections 25-2401 to 25-2407 unless the context otherwise requires:
(1) Deaf or hard of hearing person means a person whose hearing impairment, with or without amplification, is so severe that he or she may have difficulty in auditorily processing spoken language without the use of an interpreter or a person with a fluctuating or permanent hearing loss which may adversely affect the ability to understand spoken language without the use of an interpreter or other auxiliary aid;
(2) Person unable to communicate the English language means a person who cannot readily understand or communicate the English language; and
(3) Proceeding means any legal proceeding or any hearing preliminary thereto involving persons unable to communicate the English language or deaf or hard of hearing persons unable to communicate by a spoken language.
Source
Laws 1973, LB 116, § 2;
Laws 1987, LB 376, § 12;
Laws 1997, LB 851, § 11;
Laws 2002, LB 22, § 9.
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-2403 - Interpreter; appointment.

25-2403.
Interpreter; appointment.
In any proceeding the presiding judge shall appoint an interpreter to assist any person unable to communicate the English language for preparation and trial of his or her case.
Source
Laws 1973, LB 116, § 3;
Laws 1987, LB 376, § 13.
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-2404 - Interpreters; qualifications.

25-2404.
Interpreters; qualifications.
No person shall be appointed as an interpreter pursuant to sections 25-2401 to 25-2407 unless such person is readily able to communicate with the person unable to communicate the English language, translate the proceedings for him or her, and accurately repeat and translate the statements of such person to the jury, judge, and officials before whom such proceeding takes place.
Source
Laws 1973, LB 116, § 4;
Laws 1987, LB 376, § 14;
Laws 2002, LB 22, § 10.
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-2405 - Interpreters; oath.

25-2405.
Interpreters; oath.
Every interpreter, except those certified under the rules of the Supreme Court and who have taken the prescribed oath of office, appointed pursuant to sections 25-2401 to 25-2407, before entering upon his or her duties as such, shall take an oath that he or she will, to the best of his or her skill and judgment, make a true interpretation to such person unable to communicate the English language of all the proceedings in a language which such person understands and that he or she will, in the English language, repeat the statements of such person to the court, jury, or officials before whom such proceeding takes place.
Source
Laws 1973, LB 116, § 5;
Laws 1987, LB 376, § 15;
Laws 2002, LB 22, § 11;
Laws 2009, LB35, § 14.
Annotations
A court interpreter is not required to recite an oath at the beginning of each proceeding if the interpreter is already certified under the rules of the Nebraska Supreme Court. State v. Garcia, 27 Neb. App. 705, 936 N.W.2d 1 (2019).
A trial court can accept, without further inquiry, an interpreter's representation that he or she is a certified court interpreter. State v. Garcia, 27 Neb. App. 705, 936 N.W.2d 1 (2019).
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-2406 - Interpreters; fees and expenses.

25-2406.
Interpreters; fees and expenses.
The fees and expenses of an interpreter shall be fixed and ordered paid by the judge before whom such proceeding takes place, in accordance with a fee schedule established by the Supreme Court, and be paid out of the General Fund with funds appropriated to the Supreme Court for that purpose or from other funds, including grant money, made available to the Supreme Court for such purpose.
Source
Laws 1973, LB 116, § 6;
Laws 1999, LB 54, § 3;
Laws 2011, LB669, § 18.
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-2407 - Interpreters; qualifications.

25-2407.
Interpreters; qualifications.
Any person who serves as an interpreter for persons unable to communicate the English language in court proceedings or probation services as provided in subsection (6) of section 29-2259 shall meet the standards adopted by the Supreme Court. Such standards shall require that interpreters demonstrate the ability to interpret effectively, accurately, and impartially, both receptively and expressively, using any necessary special vocabulary. A person appointed to interpret for deaf and hard of hearing persons shall be a licensed interpreter as defined in section 20-151 or, if a licensed interpreter is unavailable, an interpreter licensed under the laws of another state.
Source
Laws 1999, LB 54, § 1;
Laws 2002, LB 22, § 12.
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-2501 - Intent and purpose.

25-2501.
Intent and purpose.
It is the intent and purpose of sections 25-2501 to 25-2506 to establish a uniform procedure to be used in acquiring private property for a public purpose by the State of Nebraska and its political subdivisions and by all privately owned public utility corporations and common carriers which have been granted the power of eminent domain. Such sections shall not apply to:
(1) Water transmission and distribution pipelines and their appurtenances and common carrier pipelines and their appurtenances;
(2) Public utilities and cities of all classes and villages when acquiring property for a proposed project involving the acquisition of rights or interests in ten or fewer separately owned tracts or when the acquisition is within the corporate limits of any city or village;
(3) Sanitary and improvement districts organized under sections 31-727 to 31-762 when acquiring easements for a proposed project involving the acquisition of rights or interests in ten or fewer separately owned tracts;
(4) Counties and municipalities which acquire property through the process of platting or subdivision or for street or highway construction or improvements;
(5) Common carriers subject to regulation by the Federal Railroad Administration of the United States Department of Transportation; or
(6) The Nebraska Department of Transportation when acquiring property for highway construction or improvements.
Source
Laws 1973, LB 187, § 1;
Laws 1978, LB 917, § 1;
Laws 1994, LB 441, § 2;
Laws 2002, LB 176, § 1;
Laws 2017, LB339, § 81.
Annotations
The purpose of the hearing provided for in the uniform procedure for acquiring property for public use is merely to explain the taking and to inform landowners of their procedural rights. Seward County Board of Commissioners v. City of Seward, 196 Neb. 266, 242 N.W.2d 849 (1976).
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-2502 - Terms, defined.

25-2502.
Terms, defined.
As used in sections 25-2501 to 25-2506 and 70-301, unless the context otherwise requires:
(1) Agency shall include the State of Nebraska and any department, board, commission, or similar entity thereof which possesses the authority to acquire property either with or without the use of eminent domain, any political subdivision of the State of Nebraska, and any privately owned public utility corporation or common carrier not exempted by section 25-2501 which possesses the authority to acquire property through the use of eminent domain;
(2) Property shall include any right or interest in real property, including but not limited to easements, but shall not include easements for public utilities located adjacent to and within ten feet of a public road right-of-way; and
(3) Negotiations shall mean communications between representatives of the agency and the property owner or his representatives who are specifically authorized to attempt to reach agreement on terms by which the agency shall acquire such property.
Source
Laws 1973, LB 187, § 2;
Laws 1974, LB 653, § 1.
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-2503 - Agency; notice; contents.

25-2503.
Agency; notice; contents.
Any agency which proposes to acquire private property for a public purpose shall give notice of such proposed acquisition at least forty-five days before beginning negotiations for such acquisition. The notice shall be directed to each owner of property over or across which any right or interest is to be acquired and shall be deemed properly given if delivered personally or mailed by registered or certified mail addressed to the property owner and to the address shown on the tax records in the office of the county treasurer, except that such notice shall be sufficient if given to the administrator or executor of the estate of a deceased person, the trustee of a trust estate, the guardian of the estate of a minor or incompetent person, or a conservator. The notice shall (1) describe the property proposed to be acquired and the compensation to be given for such property, (2) include a statement of the authority for the acquisition, (3) include the nature of and necessity and purpose for which the land shall be used, (4) include the title, right, or interest in the property to be acquired, (5) specify the amount of property needed for the public purpose, (6) include the reasons for selecting the proposed location or route, and (7) state that if approval of any other agency is required, the condemner shall set forth which other agency's approval shall be necessary and, when the acquisition involves a highway, power line, telephone line, or similar project, shall include a map showing the proposed route to be followed by the project.
Source
Laws 1973, LB 187, § 3;
Laws 1978, LB 917, § 2;
Laws 2002, LB 1105, § 425.
Annotations
A notice of acquisition sent to a landowner prior to beginning condemnation proceedings constitutes a privileged communication during statutorily required negotiations and, thus, may be excluded pursuant to section 27-408. In re Application of SID No. 384 of Douglas County, 259 Neb. 351, 609 N.W.2d 679 (2000).
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-2504 - Agency; hearing; where held; relocations; notice; hearings.

25-2504.
Agency; hearing; where held; relocations; notice; hearings.
After giving notice pursuant to section 25-2503, the agency shall hold a public hearing on the proposed project and acquisition at least thirty days before beginning negotiations for such acquisition. Notice of such public hearing shall be published at least ten days prior to such hearing in a legal newspaper published in and of general circulation in each county, if such a newspaper exists, or if no such newspaper is published in the county, notice shall be published in a newspaper which has been designated as the official legal notice publication by the county board and is of general circulation in the county or counties in which the hearing is to be held. When the proposed acquisition consists of property from more than one county, a hearing shall be held in the county seat of each county. When the proposed acquisition is countywide in scope, the hearing shall be held at the county seat. When the proposed acquisition involves a lesser area, the hearing shall be held in a location convenient to the property to be acquired. When the proposed acquisition involves property located outside this state, the hearing shall be held at the principal office of the agency.
At the hearing, the agency shall explain the nature of and necessity for the project for which it seeks to acquire property, the reasons for selecting the particular location or route, the right of each owner of property to be represented by an attorney and to negotiate and accept or reject the offer of damages which will be sustained by the proposed acquisition, and the right to require that such damages be determined pursuant to the procedures for acquisition by eminent domain. The agency shall hear and consider any objections from any person.
If the agency relocates the proposed project following such hearing and such relocation would require the acquisition of rights or interests in the property of more than ten additional owners of separately owned tracts to whom notice was not previously given, the agency shall give notice as provided in section 25-2503 to such additional owners and shall hold a public hearing as provided in this section with reference solely to that part of the project which has been relocated;
Provided,
that the time restrictions in section 25-2503 and this section shall not be applicable to any such additional notice, hearing, or negotiations.
Source
Laws 1973, LB 187, § 4;
Laws 1974, LB 653, § 2;
Laws 1983, LB 538, § 1.
Annotations
A notice of acquisition sent to a landowner prior to beginning condemnation proceedings constitutes a privileged communication during statutorily required negotiations and, thus, may be excluded pursuant to section 27-408. In re Application of SID No. 384 of Douglas County, 259 Neb. 351, 609 N.W.2d 679 (2000).
The grant of eminent domain for municipal airport authorities renders the units immune from zoning regulations. Seward County Board of Commissioners v. City of Seward, 196 Neb. 266, 242 N.W.2d 849 (1976).
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-2505 - Public notice; public hearings; when not required; hearing by school district.

25-2505.
Public notice; public hearings; when not required; hearing by school district.
Any agency acquiring property on a willing buyer-willing seller basis or by gift, devise, or any other form of voluntary transfer shall not be required to give the notice set forth in section 25-2503 if such agency has no planned project involving acquisition of the specific property, or any part thereof, through the use of eminent domain or the agency has no authority to use eminent domain for acquisition of property, but such agency shall hold a public hearing at least thirty days prior to consummation of the transaction whereby such property is acquired which public hearing and public notice of the same shall comply, where applicable, with section 25-2504. A school district may conduct any hearing required by this section as a part of the agenda at a regular or special meeting of its school board or board of education at the board's usual meeting place or at such other location within the school district as the board may designate.
Source
Laws 1973, LB 187, § 5;
Laws 1974, LB 653, § 3;
Laws 1987, LB 359, § 1.
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-2601 - Act, how cited.

25-2601.
Act, how cited.
Sections 25-2601 to 25-2622 shall be known and may be cited as the Uniform Arbitration Act.
Source
Laws 1987, LB 71, § 1;
Laws 1997, LB 151, § 1.
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-2602.02 - Contract; statement required.

25-2602.02.
Contract; statement required.
The following statement shall appear in capitalized, underlined type adjoining the signature block of any standardized agreement in which binding arbitration is the sole remedy for dispute resolution: THIS CONTRACT CONTAINS AN ARBITRATION PROVISION WHICH MAY BE ENFORCED BY THE PARTIES.
Source
Laws 1997, LB 151, § 7.
Annotations
When a contract containing an arbitration clause is governed by federal law, the failure to include the statutory language of this section does not make the arbitration clause unenforceable. Aramark Uniform & Career Apparel v. Hunan, Inc., 276 Neb. 700, 757 N.W.2d 205 (2008).
When a contract which attempts to establish binding arbitration as the sole remedy fails to strictly comply with this section, the arbitration clause is voidable and unenforceable. Kramer v. Eagle Eye Home Inspections, 14 Neb. App. 691, 716 N.W.2d 749 (2006).
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-2603 - Proceedings to compel or stay arbitration.

25-2603.
Proceedings to compel or stay arbitration.
(a) On application of a party showing an agreement described in section 25-2602.01 and the opposing party's refusal to arbitrate, the court shall order the parties to proceed with arbitration, but if the opposing party denies the existence of the agreement to arbitrate, the court shall proceed summarily to the determination of the issue so raised and shall order for the moving party, otherwise, the application shall be denied.
(b) On application, the court may stay an arbitration proceeding commenced or threatened on a showing that there is no agreement to arbitrate. Such an issue, when in substantial and bona fide dispute, shall be forthwith and summarily tried and the stay ordered if found for the moving party. If found for the opposing party, the court shall order the parties to proceed to arbitration.
(c) If an issue referable to arbitration under the alleged agreement is involved in an action or proceeding pending in a court having jurisdiction to hear applications under subsection (a) of this section, the application shall be made therein. Otherwise and subject to section 25-2619, such application may be made in any court of competent jurisdiction.
(d) Any action or proceeding involving an issue subject to arbitration shall be stayed if an order for arbitration or an application therefor has been made under this section or, if the issue is severable, the stay may be with respect thereto only. When the application is made in such action or proceeding, the order for arbitration shall include such stay.
(e) An order for arbitration shall not be refused on the ground that the claim in issue lacks merit or bona fides or because any fault or grounds for the claim sought to be arbitrated have not been shown.
Source
Laws 1987, LB 71, § 3;
Laws 1997, LB 151, § 3.
Annotations
This section does not defeat the Federal Arbitration Act's objective, expressed in 9 U.S.C. 4 (2012), that if the making of the arbitration agreement or the failure, neglect, or refusal to perform the same be in issue, the court shall proceed summarily to the trial thereon. Cullinane v. Beverly Enters. - Neb., 300 Neb. 210, 912 N.W.2d 774 (2018).
Under subsection (a) of this section, on application of a party showing a valid arbitration agreement and the opposing party's refusal to arbitrate, the court shall order the parties to proceed with arbitration, but if the opposing party denies the existence of the agreement to arbitrate, the court shall proceed summarily to the determination of the issue so raised and shall order for the moving party; otherwise, the application shall be denied. Cullinane v. Beverly Enters. - Neb., 300 Neb. 210, 912 N.W.2d 774 (2018).
Although this section specifies that the question of whether an agreement to arbitrate exists should be "summarily" tried, this section does not preclude the right to a jury trial in every circumstance. Omaha Cold Storage Terminals v. Patterson, 15 Neb. App. 548, 733 N.W.2d 219 (2007).
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-2604 - Appointment of arbitrators by court.

25-2604.
Appointment of arbitrators by court.
If the arbitration agreement provides a method of appointment of arbitrators, this method shall be followed. In the absence thereof, or if the agreed method fails or for any reason cannot be followed, or when an arbitrator appointed fails or is unable to act and a successor has not been duly appointed, the court on application of a party shall appoint one or more arbitrators, except that the court shall always appoint an odd number of arbitrators. An arbitrator so appointed has all the powers of one specifically named in the agreement. Upon appointment an arbitrator shall disclose his or her hourly or daily rate for arbitration services.
Source
Laws 1987, LB 71, § 4.
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-2604.01 - Arbitrators; disqualification.

25-2604.01.
Arbitrators; disqualification.
Any person proposed for nomination by all parties or all party arbitrators to serve as a neutral arbitrator shall disqualify himself or herself, upon demand of any party to the arbitration agreement made before the commencement of the proceedings, on any of the grounds specified in section 24-739 for disqualification of a judge or on the ground that such person is an employee or independent contractor of an industry, trade, or professional association of which only one party is a member if the grounds were known or should have been known by the movant.
Source
Laws 1997, LB 151, § 5.
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-2606 - Hearing.

25-2606.
Hearing.
Unless otherwise provided by the agreement:
(a) The arbitrators shall appoint a time and place for the hearing and cause notification to the parties to be served personally or by registered or certified mail not less than ten days before the hearing. Appearance at the hearing waives such notice. The arbitrators may adjourn the hearing from time to time as necessary and, on request of a party and for good cause, or upon their own motion, may postpone the hearing to a time not later than the date fixed by the agreement for making the award unless the parties consent to a later date. The arbitrators may hear and determine the controversy upon the evidence produced notwithstanding the failure of a party duly notified to appear. The court on application may direct the arbitrators to proceed promptly with the hearing and determination of the controversy;
(b) The parties are entitled to be heard, to present evidence material to the controversy, and to cross-examine witnesses appearing at the hearing; and
(c) The hearing shall be conducted by all the arbitrators but a majority may determine any question and render a final award. If, during the course of the hearing, an arbitrator for any reason ceases to act, the remaining arbitrator or arbitrators appointed to act as neutrals may continue with the hearing and determination of the controversy.
Arbitration proceedings shall take place in the county designated in section 25-403.01 unless the parties otherwise agree at a time subsequent to the arising of the controversy.
Source
Laws 1987, LB 71, § 6;
Laws 1997, LB 151, § 4.
Annotations
The lack of a formal notice of hearing in compliance with this section of the postponement of a hearing previously scheduled and correctly noticed did not invalidate an award where evidence supported the conclusion that the parties to the arbitration had actual notice of the postponed hearing in advance. Damrow v. Murdoch, 15 Neb. App. 920, 739 N.W.2d 229 (2007).
The trial court did not err in finding that lack of a formal notice under this section was an insufficient ground to vacate an arbitration award. Damrow v. Murdoch, 15 Neb. App. 920, 739 N.W.2d 229 (2007).
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-2607 - Representation by attorney.

25-2607.
Representation by attorney.
A party has the right to be represented by an attorney at any proceeding or hearing under the Uniform Arbitration Act. A waiver thereof prior to the proceeding or hearing is ineffective.
Source
Laws 1987, LB 71, § 7.
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-2608 - Witnesses, subpoenas, depositions.

25-2608.
Witnesses, subpoenas, depositions.
(a) The arbitrators may issue or cause to be issued subpoenas for the attendance of witnesses, for the taking of depositions, and for the production of books, records, documents, and other evidence and shall have the power to administer oaths. Subpoenas so issued shall be served and, upon application to the court by a party or the arbitrators, enforced in the manner provided by law for the service and enforcement of subpoenas in a civil action.
(b) On application of a party and for use as evidence, the arbitrators may permit a deposition to be taken, in the manner and upon the terms designated by the arbitrators, of a witness who cannot be subpoenaed or is unable to attend the hearing.
(c) All provisions of law compelling a person under subpoena to testify are applicable.
(d) Fees for attendance as a witness shall be the same as for a witness in the county court.
Source
Laws 1987, LB 71, § 8.
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-2609 - Award.

25-2609.
Award.
(a) The award shall be in writing and signed by the arbitrators joining in the award. The arbitrators shall deliver a copy to each party personally or by registered or certified mail or as provided in the agreement.
(b) An award shall be made within the time fixed therefor by the agreement or, if not so fixed, within such time as the court orders on application of a party but not more than thirty days after the hearing. The parties may extend the time in writing either before or after the expiration thereof. A party waives the objection that an award was not made within the time required unless he or she notifies the arbitrators of his or her objection prior to the delivery of the award to him or her.
Source
Laws 1987, LB 71, § 9.
Annotations
Pursuant to subsection (a) of this section, an arbitration award signed by only one of three arbitrators required to sign the award was defective in form but not in substance, and thus the parties were permitted to make timely application to modify or correct the award under subsection (a)(3) of section 25-2614. Hartman v. City of Grand Island, 265 Neb. 433, 657 N.W.2d 641 (2003).
The appellant waived an objection under this section where there was nothing in the record to support a conclusion that he notified the arbitrators of his objection prior to the delivery of the award. Damrow v. Murdoch, 15 Neb. App. 920, 739 N.W.2d 229 (2007).
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-2610 - Change of award by arbitrators.

25-2610.
Change of award by arbitrators.
On application of a party or, if an application to the court is pending under section 25-2612, 25-2613, or 25-2614, on submission to the arbitrators by the court under such conditions as the court may order, the arbitrators may modify or correct the award upon the grounds stated in subdivisions (a)(1) and (a)(3) of section 25-2614 or for the purpose of clarifying the award. The application shall be made within twenty days after delivery of the award to the applicant. Written notice thereof shall be given forthwith to the opposing party, stating he or she must serve his or her objections thereto, if any, within ten days from the notice. The award so modified or corrected is subject to the provisions of sections 25-2612 to 25-2614.
Source
Laws 1987, LB 71, § 10.
Annotations
An award does not become so vague and indefinite as to be unenforceable simply because a party can argue that a portion of it may be unclear or ambiguous. The Nebraska Court of Appeals erred in finding the award ambiguous and in ordering a remand to the arbitrator for clarification. Signal 88 v. Lyconic, 310 Neb. 824, 969 N.W.2d 651 (2022).
An award may be recommitted for clarification where it is ambiguous to such an extent that it is impossible to determine its meaning and intent.  However, remand for clarification is not the preferred course.  When possible, courts should avoid remanding on the basis of ambiguity because of the interest in prompt and final arbitration. Signal 88 v. Lyconic, 310 Neb. 824, 969 N.W.2d 651 (2022).
In considering an application for confirmation of an arbitration award, the court has limited authority under this statutory section to remand to the arbitrator to clarify an ambiguous award. Signal 88 v. Lyconic, 310 Neb. 824, 969 N.W.2d 651 (2022).
Where an ambiguity can be resolved by the record, the district court need not remand for clarification; but where the ambiguity is not resolved by the record, the court must remand for clarification.  Signal 88 v. Lyconic, 310 Neb. 824, 969 N.W.2d 651 (2022).
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-2611 - Fees and expenses of arbitration.

25-2611.
Fees and expenses of arbitration.
Unless otherwise provided in the agreement to arbitrate, the arbitrators' expenses and fees together with other expenses, not including counsel fees, incurred in the conduct of the arbitration shall be paid as provided in the award.
Source
Laws 1987, LB 71, § 11.
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-2612 - Confirmation of award.

25-2612.
Confirmation of award.
Within sixty days of the application of a party, the court shall confirm an award, unless within the time limits hereinafter imposed grounds are urged for vacating or modifying or correcting the award, in which case the court shall proceed as provided in sections 25-2613 and 25-2614.
Source
Laws 1987, LB 71, § 12.
Annotations
Courts must give extreme deference to the arbitrator's conclusions; the standard of judicial review of arbitral awards is among the narrowest known to law.  Signal 88 v. Lyconic, 310 Neb. 824, 969 N.W.2d 651 (2022).
Strong deference is due to an arbitrative tribunal, because when parties agree to arbitration, they agree to accept whatever reasonable uncertainties might arise from the process.  Signal 88 v. Lyconic, 310 Neb. 824, 969 N.W.2d 651 (2022).
Under Nebraska's Uniform Arbitration Act, a court may not overrule an arbitrator's decision simply because the court believes that its own interpretation of the contract, or the facts, would be the better one.  Signal 88 v. Lyconic, 310 Neb. 824, 969 N.W.2d 651 (2022).
Where arbitration is contemplated, the courts are not equipped to provide the same judicial review given to structured judgments defined by procedural rules and legal principles. Parties should be aware that they get what they bargain for and that arbitration is far different from adjudication.  Signal 88 v. Lyconic, 310 Neb. 824, 969 N.W.2d 651 (2022).
Within sixty days of the application of a party, the court shall confirm an award, unless within the time limits hereinafter imposed grounds are urged for vacating or modifying or correcting the award. The court's obligation is mandatory rather than discretionary. Signal 88 v. Lyconic, 310 Neb. 824, 969 N.W.2d 651 (2022).
When a party seeks to confirm an arbitration award pursuant to Nebraska's Uniform Arbitration Act, a court must confirm that award unless a party has sought to vacate, modify, or correct the award and grounds for such vacation, modification, or correction exist. Garlock v. 3DS Properties, 303 Neb. 521, 930 N.W.2d 503 (2019).
This section does not allow for the exercise of discretion by the court when a request of confirmation is made where there has been no application for vacation or modification. Drummond v. State Farm Mut. Auto. Ins. Co., 280 Neb. 258, 785 N.W.2d 829 (2010).
The appellees filed a motion under this section seeking to confirm an arbitration award. Damrow v. Murdoch, 15 Neb. App. 920, 739 N.W.2d 229 (2007).
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-2614 - Modification or correction of award.

25-2614.
Modification or correction of award.
(a) Upon application made within ninety days after delivery of a copy of the award to the applicant, the court shall modify or correct the award when:
(1) There was an evident miscalculation of figures or an evident mistake in the description of any person, thing, or property referred to in the award;
(2) The arbitrators have awarded upon a matter not submitted to them and the award may be corrected without affecting the merits of the decision upon the issues submitted; or
(3) The award is imperfect in a matter of form, not affecting the merits of the controversy.
(b) If the application is granted, the court shall modify and correct the award so as to effect its intent and shall confirm the award as so modified and corrected. Otherwise, the court shall confirm the award as made.
(c) An application to modify or correct an award may be joined in the alternative with an application to vacate the award.
Source
Laws 1987, LB 71, § 14.
Annotations
Pursuant to subsection (a) of section 25-2609, an arbitration award signed by only one of three arbitrators required to sign the award was defective in form but not in substance, and thus the parties were permitted to make application to modify or correct the award under subsection (a)(3) of this section. Hartman v. City of Grand Island, 265 Neb. 433, 657 N.W.2d 641 (2003).
Under subsection (a)(1) of this section, an "evident miscalculation of figures" occurs when there is a mathematical error in the arbitration award that is both obvious and unambiguous. Jones v. Summit Ltd. Partnership Five, 262 Neb. 793, 635 N.W.2d 267 (2001).
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-2615 - Judgment or decree on award.

25-2615.
Judgment or decree on award.
Upon the granting of an order confirming, modifying, or correcting an award, a judgment or decree shall be entered in conformity therewith and be enforced as any other judgment or decree. Costs of the application and of the proceedings subsequent thereto and disbursements may be awarded by the court.
Source
Laws 1987, LB 71, § 15.
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-2617 - Application to court; procedure.

25-2617.
Application to court; procedure.
Except as otherwise provided, an application to the court under the Uniform Arbitration Act shall be by motion and shall be heard in the manner and upon the notice provided by law or rule of court for the making and hearing of motions. Unless the parties have agreed otherwise, notice of an initial application for an order shall be served in the manner provided by law for the service of a summons in an action.
Source
Laws 1987, LB 71, § 17.
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-2618 - District court; jurisdiction; act; how construed.

25-2618.
District court; jurisdiction; act; how construed.
(a) The term court shall mean any district court of this state. The making of an agreement described in section 25-2602.01 providing for arbitration in this state confers jurisdiction on the court to enforce the agreement under the Uniform Arbitration Act and to enter judgment on an award thereunder.
(b) Nothing in the Uniform Arbitration Act shall be construed to empower the Commission of Industrial Relations to order that any party under its jurisdiction submit to, or contract to submit to, arbitration.
Source
Laws 1987, LB 71, § 18;
Laws 1997, LB 151, § 9.
Annotations
Jurisdiction over confirmation of arbitration awards is conferred upon the district court, and the county court has no such jurisdiction. MBNA America Bank v. Hansen, 16 Neb. App. 536, 745 N.W.2d 609 (2008).
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-2618.01 - Small Claims Court; jurisdiction; when; transfer limited; appeal.

25-2618.01.
Small Claims Court; jurisdiction; when; transfer limited; appeal.
(a) Whenever the amount of a controversy subject to the terms of an otherwise valid arbitration agreement is within the jurisdiction of the Small Claims Court under section 25-2802, a party may submit the controversy to the Small Claims Court for ultimate resolution under sections 25-2801 to 25-2807.
(b) A controversy submitted to the Small Claims Court under this section shall not be transferred to the regular docket of the county court under section 25-2805.
(c) In all appeals involving cases submitted under subsection (a) of this section, the judgment shall be affirmed unless:
(i) The judgment was procured by corruption, fraud, or other undue means;
(ii) There was evident partiality or corruption by the judge or misconduct prejudicing the rights of any party;
(iii) The judge exceeded his or her powers;
(iv) The judge refused to postpone the trial upon sufficient cause being shown therefor, refused to hear evidence material to the controversy, or otherwise so conducted the hearing, contrary to the provisions of section 25-2606, as to prejudice substantially the rights of a party;
(v) There was no arbitration agreement and the issue was not adversely determined in proceedings under section 25-2603, and the party did not participate in the Small Claims Court hearing without raising the objection; or
(vi) The judge was subject to disqualification and failed, upon receipt of timely demand, to disqualify himself or herself as required by law.
Source
Laws 1997, LB 151, § 8.
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-2619 - Venue.

25-2619.
Venue.
An initial application shall be made to the court of the county in which the agreement provides the arbitration hearing shall be held or, if the hearing has been held, in the county in which it was held. Otherwise the application shall be made in the county where the adverse party resides or has a place of business or, if he or she has no residence or place of business in this state, to the court of any county. All subsequent applications shall be made to the court hearing the initial application unless the court otherwise directs.
Source
Laws 1987, LB 71, § 19.