reglab/statecodes huggingface dataset:
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-2620 - Appeals.

25-2620.
Appeals.
(a) An appeal may be taken from:
(1) An order denying an application to compel arbitration made under section 25-2603;
(2) An order granting an application to stay arbitration made under subsection (b) of section 25-2603;
(3) An order confirming or denying confirmation of an award;
(4) An order modifying or correcting an award;
(5) An order vacating an award without directing a rehearing; or
(6) A judgment or decree entered pursuant to the provisions of the Uniform Arbitration Act.
(b) The appeal shall be taken in the manner and to the same extent as from orders or judgments in a civil action.
Source
Laws 1987, LB 71, § 20.
Annotations
An order denying an application to vacate an arbitration award is not a final and appealable order; such an order may be reviewed upon an appeal from an order confirming the arbitration award. Cinatl v. Prososki, 307 Neb. 477, 949 N.W.2d 505 (2020).
When this section is silent regarding the appealability of an arbitration-related order, an appellate court looks to section 25-1902 to determine whether the order is final and appealable. Cinatl v. Prososki, 307 Neb. 477, 949 N.W.2d 505 (2020).
This section authorizes appellate jurisdiction to review certain arbitration-related orders, such as an order denying an application to compel arbitration or an order granting an application to stay arbitration. But this section does not address whether a party may appeal an order granting an application to compel arbitration or to stay judicial proceedings. Appellate jurisdiction to review an order compelling arbitration and staying the action is determined by looking to the general final order statute, section 25-1902. Boyd v. Cook, 298 Neb. 819, 906 N.W.2d 31 (2018).
An order compelling arbitration or staying judicial proceedings pending arbitration is a final order under the second category of section 25-1902. It affects a substantial right in an independent special proceeding because it disposes of all the issues presented. Kremer v. Rural Community Ins. Co., 280 Neb. 591, 788 N.W.2d 538 (2010).
The list of appealable arbitration orders under this section is not exclusive. Kremer v. Rural Community Ins. Co., 280 Neb. 591, 788 N.W.2d 538 (2010).
In reviewing a trial court's decision to vacate, modify, or confirm an arbitration award under Nebraska's Uniform Arbitration Act, an appellate court is obligated to reach a conclusion independent of the trial court's ruling regarding questions of law; however, the trial court's factual findings will not be set aside on appeal unless clearly erroneous. Aramark Uniform & Career Apparel v. Hunan, Inc., 276 Neb. 700, 757 N.W.2d 205 (2008).
Under subsection (a)(5) of this section, an order which vacates an arbitrator's award without directing a rehearing is appealable, whereas an order which vacates an award and directs a rehearing is not appealable. Nebraska Dept. of Health & Human Servs. v. Struss, 261 Neb. 435, 623 N.W.2d 308 (2001).
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-2701 - Rules of procedure; county court power to seal records.

25-2701.
Rules of procedure; county court power to seal records.
(1) All provisions in the codes of criminal and civil procedure governing actions and proceedings in the district court not in conflict with statutes specifically governing procedure in county courts and related to matters for which no specific provisions have been made for county courts shall govern and apply to all actions and proceedings in the county court.
(2) County courts may seal records of a person as provided under sections 43-2,108.01 to 43-2,108.05.
Source
Laws 1972, LB 1032, § 28;
R.S.1943, (1985), § 24-528;
Laws 2010, LB800, § 2.
Annotations
As subsection (1) of this section makes clear, all provisions of the criminal and civil procedure code govern all actions in the county court. State v. Lebeau, 280 Neb. 238, 784 N.W.2d 921 (2010).
This section applies to the prosecution of city ordinances. State v. Lebeau, 280 Neb. 238, 784 N.W.2d 921 (2010).
On appeal from a county or municipal court, notice of appeal and bond must be filed within ten days after rendition of judgment and this period cannot be prolonged by filing a motion for new trial. Edward Frank Rozman Co. v. Keillor, 195 Neb. 587, 239 N.W.2d 779 (1976).
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-2702 - Appearances; representation; attorney; qualification.

25-2702.
Appearances; representation; attorney; qualification.
No person shall appear in the county court to represent another, or act as attorney therein for any person other than himself or herself, unless he or she is regularly admitted as an attorney in this state.
Source
Laws 1929, c. 82, art. I, § 14, p. 282;
C.S.1929, § 22-114;
R.S.1943, § 26-115;
Laws 1972, LB 1032, § 85;
Laws 1984, LB 13, § 29;
R.S.1943, (1985), § 24-585.
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-2703 - Cities and villages; prosecution of complaints; ordinances; file with court.

25-2703.
Cities and villages; prosecution of complaints; ordinances; file with court.
Any city or village attorney may sign and prosecute complaints in the county court for any violation of any ordinance of the city or village for which he or she is attorney.
After January 1, 1974, no city or village may prosecute complaints for violations of ordinances unless such city or village has on file with the court a current copy of the ordinances of such city or village. Subject to guidelines provided by the State Court Administrator, the court shall prescribe the form in which such ordinances shall be filed.
Source
Laws 1972, LB 1032, § 33;
Laws 1973, LB 226, § 8;
Laws 1984, LB 13, § 17;
R.S.1943, (1985), § 24-533.
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-2704 - Summons; pleadings; time for filings; trial date; telephonic or videoconference hearing; authorized.

25-2704.
Summons; pleadings; time for filings; trial date; telephonic or videoconference hearing; authorized.
(1) In any civil action in county court, the summons, pleadings, and time for filings shall be the same as provided for civil actions in district court. A case shall stand for trial at the earliest available time on the trial docket after the issues therein are or, according to the times fixed for pleading, should have been made up.
(2) All nonevidentiary hearings, and any evidentiary hearings approved by the county court and by stipulation of all parties that have filed an appearance, may be heard by the court telephonically or by videoconferencing or similar equipment at any location within the judicial district as ordered by the court and in a manner that ensures the preservation of an accurate record. Such hearings shall not include trials before a jury. Hearings conducted in this manner shall be consistent with the public's access to the courts.
Source
Laws 1972, LB 1032, § 35;
R.S.1943, (1985), § 24-535;
Laws 1997, LB 363, § 1;
Laws 1998, LB 234, § 9;
Laws 2002, LB 876, § 57;
Laws 2008, LB1014, § 12;
Laws 2018, LB193, § 42.
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-2706 - County court; certify proceedings to district court; when; avoidance of county court jurisdiction; recovery of costs prohibited.

25-2706.
County court; certify proceedings to district court; when; avoidance of county court jurisdiction; recovery of costs prohibited.
The county court shall certify proceedings to the district court of the county in which an action is pending (1) when the pleadings or discovery proceedings indicate that the amount in controversy is greater than the jurisdictional amount in subdivision (5) of section 24-517 and a party to the action requests the transfer or (2) when the relief requested is exclusively within the jurisdiction of the district court. The county court shall file a certification of the case file and costs with the district court within ten days after entry of the transfer order. The action shall then be tried and determined by the district court as if the proceedings were originally brought in such district court, except that no new pleadings need be filed unless ordered by the district court.
If it is determined, upon adjudication, that the allegations of either party to such action are asserted with the intention solely of avoiding the jurisdiction of the county court, the offending party shall not recover any costs in the county court or the district court.
Source
Laws 1983, LB 137, § 3;
Laws 1986, LB 750, § 2;
R.S.Supp.,1988, § 24-302.01;
Laws 1991, LB 422, § 2;
Laws 1993, LB 69, § 1;
Laws 2001, LB 269, § 2;
Laws 2018, LB193, § 43.
Annotations
This section does not require a district court to issue a new summons for service of process when an action has been certified to it from the county court under this section. Hunt v. Trackwell, 262 Neb. 688, 635 N.W.2d 106 (2001).
Plaintiff may not transfer jurisdiction of a case from county court to district court by simply filing the county court transcript in the district court. Collection Bureau of Grand Island, Inc. v. Fry, 9 Neb. App. 277, 610 N.W.2d 442 (2000).
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-2707 - Garnishment; amount in excess of jurisdiction of county court; transfer to district court; proceedings certified.

25-2707.
Garnishment; amount in excess of jurisdiction of county court; transfer to district court; proceedings certified.
Whenever proceedings under sections 25-1011 and 25-1026 to 25-1031.01, or under section 25-1056, are had in any county court and it shall appear by the pleadings or other answers to interrogatories filed by the garnishee that there is an amount in excess of the jurisdictional dollar amount specified in section 24-517, or property with a value of more than such amount, the title or ownership of which is in dispute, or when at any time during such proceedings it shall appear from the evidence or other pleadings that there is property of the value of more than the jurisdictional dollar amount specified in section 24-517, the title or ownership of which is in dispute, such court shall proceed no further. Within ten days after entry of the transfer order, the county court shall file with the district court of the county in which the action is pending a certification of the case file and costs. The matter shall be tried and determined by the district court as if the proceedings were originally had in district court, except that no new pleadings need be filed except as ordered by the district court.
Source
Laws 1961, c. 116, § 1, p. 358;
R.S.1943, § 24-502.01;
Laws 1972, LB 1032, § 40;
Laws 1986, LB 749, § 1;
R.S.Supp.,1988, § 24-540;
Laws 2018, LB193, § 44.
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-2708 - Estates, guardianships, conservatorships, and trusts; real estate; certificate of pending proceeding; filing; county judge; duties; guardian or conservator; filing required.

25-2708.
Estates, guardianships, conservatorships, and trusts; real estate; certificate of pending proceeding; filing; county judge; duties; guardian or conservator; filing required.
In any proceeding in the county court involving (1) the probate of wills, (2) the administration of estates, (3) the determination of heirs, (4) the determination of inheritance tax, (5) guardianships, (6) conservatorships, where real estate is any part of the assets of the estate or proceeding, or (7) trusts, where real estate is specifically described as an asset of the trust, the county judge before whom the proceeding is pending shall issue a certificate which shall be filed with the register of deeds of the county in which the real estate is located within ten days after the description of the real estate is filed in the proceeding. A guardian or conservator shall file a copy of his or her letters with the register of deeds in every county in which the ward has real property or an interest in real property. The certificate shall be in the following form:
This is to certify that there is pending in the county court of ........................... County, a proceeding .........................................................
(describe proceeding and name of person involved)
in which the following described real estate is involved, to wit:
.........................................................
(describe real estate)
............................................
County Judge
Source
Laws 1969, c. 240, § 1, p. 885;
Laws 1971, LB 41, § 1;
R.S.Supp.,1971, § 24-562.01;
Laws 1972, LB 1032, § 59;
Laws 1975, LB 481, § 7;
Laws 1980, LB 694, § 1;
R.S.1943, (1985), § 24-559;
Laws 2003, LB 130, § 117;
Laws 2011, LB157, § 1.
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-2709 - Probate, adoption, trust jurisdiction; continuances.

25-2709.
Probate, adoption, trust jurisdiction; continuances.
In all proceedings within the probate, guardianship, conservatorship, adoption, or trust jurisdiction of the county court when a date for a hearing has been fixed and when no action is taken by the court at the time so fixed, the cause shall stand continued from day to day as a matter of law and may thereafter be heard and determined by the court without further notice at any time, except that any party who has filed an appearance or pleading in such proceedings shall be given such notice of the hearing in such manner as the court shall direct.
Source
Laws 1951, c. 55, § 1, p. 188;
R.S.1943, § 24-528.01;
Laws 1972, LB 1032, § 53;
Laws 1977, LB 167, § 1;
R.S.1943, (1985), § 24-553.
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-2710 - Fees and costs; payment; effect.

25-2710.
Fees and costs; payment; effect.
It shall be lawful for any person liable for the payment of any fees and costs charged or taxed in any civil or criminal action, or in any proceeding authorized by law to be brought in the county court, to pay such costs and fees to the county judge or to the clerk of the county court, and such payment shall operate as a satisfaction of such person's liability to all concerned. Each county court may accept credit cards as a means of payment for any money due the court.
Source
Laws 1909, c. 40, § 1, p. 226;
R.S.1913, § 1242;
C.S.1922, § 1165;
C.S.1929, § 27-545;
R.S.1943, § 24-549;
Laws 1972, LB 1032, § 30;
Laws 1988, LB 370, § 1;
R.S.Supp.,1988, § 24-530.
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-2711 - Clerk; liable for fees; accounting; indigent person; waiver of fees, when.

25-2711.
Clerk; liable for fees; accounting; indigent person; waiver of fees, when.
It shall be the duty of the clerk of the court to demand the payment of all fees in advance in civil cases. He or she shall be charged with all fees earned by the court and shall be required to account for the same. Upon written application by and such evidence as the court may require from an indigent person, the clerk of the court may be directed, by a judge of the court by a written order, to file all necessary pleadings and to issue necessary process thereon to meet the requirements of justice, in which case no fees shall be charged and collected by the clerk of the court from such person except upon final order or judgment in the action, and in that case the clerk shall not be charged with the fees in the case and required to account for the same unless the same are collected by him or her.
Source
Laws 1972, LB 1032, § 31;
Laws 1988, LB 370, § 2;
R.S.Supp.,1988, § 24-531.
Cross References
Unclaimed witness fees, disposition, see sections 33-140 to 33-140.03.
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-2712 - Fees and costs; amount; transmit to State Treasurer; deposited in General Fund.

25-2712.
Fees and costs; amount; transmit to State Treasurer; deposited in General Fund.
Fees and costs in the county court shall be those provided by Chapter 33. Each clerk of the court shall, not later than the fifteenth day of the month following the calendar month in which they were received, transmit all such fees and costs received together with any interest or other income accumulated as a result of section 25-2713 and any fees for credit card use, reduced by any costs incurred as a result of credit card use and any other bank charges, to the State Treasurer who shall deposit the same in the General Fund.
Source
Laws 1972, LB 1032, § 32;
Laws 1975, LB 286, § 2;
Laws 1985, LB 326, § 1;
Laws 1988, LB 370, § 3;
R.S.Supp.,1988, § 24-532.
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-2713 - Clerk of county court; invest money received; rules.

25-2713.
Clerk of county court; invest money received; rules.
When any money received by the clerk of the county court is not immediately paid out and the investment of such money is not otherwise provided for by law, the clerk of the county court shall invest such money or portion thereof as may be provided for by rules issued by the Supreme Court.
Source
Laws 1985, LB 326, § 2;
Laws 1986, LB 891, § 1;
Laws 1986, LB 529, § 10;
Laws 1988, LB 370, § 4;
R.S.Supp.,1988, § 24-532.01.
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-2714 - Legacies, devises, distributive shares; unclaimed; payment to judge; effect.

25-2714.
Legacies, devises, distributive shares; unclaimed; payment to judge; effect.
In case of an executor of a last will and testament which has been admitted to probate in any county court in this state, and in case of an administrator of the estate of a deceased intestate, upon making a satisfactory showing to the court of the inability of such an executor to find any legatee or devisee named in such will, or of the inability of an administrator to find an heir at law to which the county court has ordered payment to be made out of funds in his hands, or in case such legatee, devisee or an heir at law is found, and shall refuse to accept the legacy, devise, or amount ordered paid by the county court to such heir at law, or in case of any creditor whose claim has been allowed and who cannot be found or to whom for any reason payment cannot be made by such executor or administrator to such claimant, it shall be lawful for such executor or administrator to pay the county judge of the county having the settlement of such estate in charge, the amount of such legacy, devise or sum so ordered paid to an heir at law, or the amount of such claim so allowed and unpaid, for the use and benefit of such persons, and such payment shall discharge such executor or administrator from all further liability with reference thereto.
Source
Laws 1909, c. 40, § 1, p. 226;
R.S.1913, § 1242;
C.S.1922, § 1165;
C.S.1929, § 27-545;
R.S.1943, § 24-550;
Laws 1967, c. 139, § 1, p. 425;
R.S.Supp.,1969, § 24-550;
Laws 1972, LB 1032, § 60;
R.S.1943, (1985), § 24-560.
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-2715 - Fees, legacies, devises, distributive shares; payment to claimant; record.

25-2715.
Fees, legacies, devises, distributive shares; payment to claimant; record.
It shall be the duty of the county judge to pay any fees, money, costs, legacies, devises, or sums due creditors, held by him, to the person entitled thereto, upon proof of his identity to the satisfaction of the judge. A plain record shall be kept of all such fees, money, costs, legacies, devises, and money due heirs, creditors, or other persons, paid as aforesaid, and the same shall always be open to the inspection of the public.
Source
Laws 1909, c. 40, § 2, p. 227;
R.S.1913, § 1243;
Laws 1921, c. 105, § 1, p. 376;
C.S.1922, § 1166;
C.S.1929, § 27-546;
R.S.1943, § 24-551;
Laws 1967, c. 139, § 2, p. 426;
R.R.S.1943, § 24-551;
Laws 1972, LB 1032, § 61;
R.S.1943, (1985), § 24-561.
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-2716 - Unclaimed funds; judge; payment to successor.

25-2716.
Unclaimed funds; judge; payment to successor.
Upon the expiration of any judge's term of office, he shall pay to his successor in office, any fees, money, costs, legacies, devises or money due any heir, creditor, or other person, in his possession, which have not been paid to the persons entitled thereto, or applied as provided by law.
Source
Laws 1909, c. 40, § 2, p. 227;
R.S.1913, § 1243;
Laws 1921, c. 105, § 1, p. 376;
C.S.1922, § 1166;
C.S.1929, § 27-546;
R.S.1943, § 24-552;
Laws 1967, c. 139, § 3, p. 426;
R.R.S.1943, § 24-552;
Laws 1972, LB 1032, § 62;
R.S.1943, (1985), § 24-562.
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-2717 - Unclaimed funds; payment to State Treasurer; disposition.

25-2717.
Unclaimed funds; payment to State Treasurer; disposition.
If any fees, money, condemnation awards, legacies, devises, sums due creditors, or costs due or belonging to any heir, legatee, or other person or persons have not been paid to or demanded by the person or persons entitled to the funds within three years from the date the funds were paid to the county judge or his or her predecessors in office, it shall be the duty of the county judge to notify the State Treasurer of the fees, money, condemnation awards, legacies, devises, sums due creditors, or costs remaining. When directed by the State Treasurer, the county judge shall remit the fees, money, condemnation awards, legacies, devises, sums due creditors, or costs to the State Treasurer for deposit in the Unclaimed Property Trust Fund pursuant to section 69-1317. Such payment shall release the bond of the county judge making such payment of all liability for such fees, money, condemnation awards, legacies, devises, sums due creditors, and costs due to heirs, legatees, or other persons paid in compliance with this section.
Source
Laws 1909, c. 40, § 2, p. 227;
R.S.1913, § 1243;
Laws 1921, c. 105, § 1, p. 376;
C.S.1922, § 1166;
C.S.1929, § 27-546;
R.S.1943, § 24-553;
Laws 1949, c. 49, § 1, p. 157;
Laws 1967, c. 139, § 4, p. 427;
R.R.S.1943, § 24-553;
Laws 1972, LB 1032, § 63;
Laws 1978, LB 860, § 1;
R.S.1943, (1985), § 24-563;
Laws 1992, Third Spec. Sess., LB 26, § 2;
Laws 2019, LB406, § 2;
Laws 2021, LB532, § 2.
Cross References
Uniform Disposition of Unclaimed Property Act, see section 69-1329.
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-2718 - Offer of judgment; effect; as evidence.

25-2718.
Offer of judgment; effect; as evidence.
If the defendant, at any time before trial, offers in writing to allow judgment to be taken against him for a specified sum, the plaintiff may immediately have judgment therefor, with the costs then accrued. If he does not accept such offer before the trial, and fails to recover in the action a sum equal to the offer, he shall not recover costs accrued after the offer and costs shall be adjudged against him; but the offer and failure to accept it cannot be given in evidence, to affect the recovery, otherwise than as to costs as above provided.
Source
Laws 1929, c. 82, art. X, § 102, p. 305;
C.S.1929, § 22-1006;
R.S.1943, § 26-1,103;
Laws 1972, LB 1032, § 38;
R.S.1943, (1985), § 24-538.
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-2719 - Judgments; notice; to whom sent.

25-2719.
Judgments; notice; to whom sent.
Within three days after entry of any judgment, the clerk of the county court shall send notice of the judgment by first-class United States mail to each party's attorney or attorneys of record or, if none, to an individual defendant at his or her usual place of residence, if known, and to a defendant not an individual to any proper recipient of summons for that party as designated by law.
Source
Laws 1976, LB 425, § 2;
Laws 1984, LB 13, § 30;
R.S.1943, (1985), § 24-585.01;
Laws 1999, LB 43, § 14.
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-2720.01 - Power to set aside, vacate, or modify judgments or orders.

25-2720.01.
Power to set aside, vacate, or modify judgments or orders.
The county court, including the Small Claims Court and the county court when sitting as a juvenile court, shall have the power to set aside default judgments and to vacate or modify its own judgments or orders during or after the term at which such judgments or orders were made in the same manner as provided for actions filed in the district court.
Source
Laws 1998, LB 234, § 10;
Laws 2006, LB 1115, § 18;
Laws 2010, LB712, § 4.
Annotations
County courts have the power to vacate or modify their own judgments and orders during or after the term in which they were made in the same manner as provided for district courts under section 25-2001. In re Interest of Luz P. et al., 295 Neb. 814, 891 N.W.2d 651 (2017).
Courts have the power to vacate or modify their own judgments and orders at any time during the term at which they were pronounced. But this power may not be used to circumvent the Legislature's power to fix the time limit to take an appeal. A court may not vacate an order or judgment and reinstate it at a later date just for the purpose of extending the time for appeal. One exception to this rule against using a court's power to vacate as a tool to extend the time for appeal is where a clerk fails to provide notice of a judgment to a party, thereby impairing the party's ability to appeal. In re Interest of Luz P. et al., 295 Neb. 814, 891 N.W.2d 651 (2017).
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-2721 - Judgment; execution; lien on real estate; conditions.

25-2721.
Judgment; execution; lien on real estate; conditions.
(1) Any person having a judgment rendered by a county court may request the clerk of such court to issue execution on the judgment in the same manner as execution is issued upon other judgments rendered in the county court and direct the execution on the judgment to any county in the state. Such person may request that garnishment, attachment, or any other aid to execution be directed to any county without the necessity of filing a transcript of the judgment in the receiving county, and any hearing or proceeding with regard to such execution or aid in execution shall be heard in the court in which the judgment was originally rendered.
(2) Any person having a judgment rendered by a county court may cause a transcript thereof to be filed in the office of the clerk of the district court in any county of this state. When the transcript is so filed and entered upon the judgment index, such judgment shall be a lien on real estate in the county where the transcript is filed, and when the transcript is so filed and entered upon such judgment index, the clerk of such court may issue execution thereupon in like manner as execution is issued upon judgments rendered in the district court.
Source
G.S.1873, c. 14, § 18, p. 267;
R.S.1913, § 1221;
C.S.1922, § 1144;
C.S.1929, § 27-532;
R.S.1943, § 24-532;
Laws 1972, LB 1032, § 39;
R.S.1943, (1985), § 24-539;
Laws 1991, LB 422, § 3;
Laws 2009, LB35, § 15;
Laws 2018, LB193, § 45.
Annotations
Under subsection (2) of this section, a judgment rendered by a county court does not automatically become a lien on real estate. A judgment rendered by a county court is only a personal judgment against the debtor. In order for a county court's judgment to become a lien on real estate, it must be transcribed to a district court. Mousel Law Firm, P.C. v. The Townhouse, Inc., 259 Neb. 113, 608 N.W.2d 571 (2000).
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-2722 - Record; certification required; effect.

25-2722.
Record; certification required; effect.
Every record made in any county court, excepting original orders, judgments and decrees thereof, shall have attached thereto a certificate signed by the judge of such court, showing the date of such record and the county in which the same is made, and it shall not be necessary to call such judge or his successor in office to prove such record so certified.
Source
G.S.1873, c. 14, § 34, p. 270;
R.S.1913, § 1234;
C.S.1922, § 1157;
C.S.1929, § 27-536;
R.S.1943, § 24-540;
Laws 1972, LB 1032, § 67;
R.S.1943, (1985), § 24-567.
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-2723 - Probate books, enumeration.

25-2723.
Probate books, enumeration.
The probate books shall consist of a probate record, a fee book, a general index to probate records, an index to wills deposited, and such additional records as are needed to carry out the provisions of the Nebraska Probate Code.
Source
G.S.1873, c. 14, § 32, p. 270;
Laws 1895, c. 31, § 1, p. 156;
Laws 1909, c. 41, § 1, p. 228;
R.S.1913, § 1233;
C.S.1922, § 1156;
C.S.1929, § 27-535;
R.S.1943, § 24-535;
Laws 1972, LB 1032, § 54;
Laws 1975, LB 481, § 6;
R.S.1943, (1985), § 24-554.
Cross References
Nebraska Probate Code, see section 30-2201.
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-2724 - Probate record; retention.

25-2724.
Probate record; retention.
The probate record shall be permanently retained on microfilm or in its original form in accordance with the Records Management Act. Evidence shall be retained as required by the Supreme Court.
Source
G.S.1873, c. 14, § 32, p. 270;
Laws 1895, c. 31, § 1, p. 156;
Laws 1909, c. 41, § 1, p. 228;
R.S.1913, § 1233;
C.S.1922, § 1156;
C.S.1929, § 27-535;
R.S.1943, § 24-536;
Laws 1972, LB 1032, § 55;
Laws 1989, LB 229, § 1;
R.S.Supp.,1989, § 24-555.
Cross References
Records Management Act, see section 84-1220.
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-2725 - Fee book; contents.

25-2725.
Fee book; contents.
The fee book shall contain an entry of the title of all probate proceedings, the date of each paper issued or filed, and the date of all orders and judgments entered therein together with an exact amount of all fees allowed, taxed and paid in each proceeding, showing the names of the persons entitled to and receiving the same, and for what services such fees were taxed or paid.
Source
G.S.1873, c. 14, § 32, p. 270;
Laws 1895, c. 31, § 1, p. 156;
Laws 1909, c. 41, § 1, p. 228;
R.S.1913, § 1233;
C.S.1922, § 1156;
C.S.1929, § 27-535;
R.S.1943, § 24-537;
Laws 1972, LB 1032, § 56;
R.S.1943, (1985), § 24-556.
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-2726 - General index; contents.

25-2726.
General index; contents.
The general index to probate records shall contain an alphabetical list of all estate matters brought before the court, the file number of the estate, the name of each estate administered upon, or guardianship or other probate matter presented to the court for its determination, the number and page of the fee book in which the costs are taxed in each matter, and the book and page in the probate record where all such matters are recorded, sufficiently definite to enable the finding of such proceedings from the general index.
Source
G.S.1873, c. 14, § 33, p. 270;
Laws 1909, c. 41, § 1, p. 228;
R.S.1913, § 1233;
C.S.1922, § 1156;
C.S.1929, § 27-535;
R.S.1943, § 24-538;
Laws 1972, LB 1032, § 57;
R.S.1943, (1985), § 24-557.
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-2727 - Index to wills deposited; contents.

25-2727.
Index to wills deposited; contents.
The index to wills deposited shall contain a memorandum of the date of each will deposited with the county judge for safekeeping, the names of the testators in alphabetical order, the name of the party delivering each will to the county judge, and a column in which shall be noted the final disposition of such will, whether returned to the testator, filed for probate, or otherwise disposed of.
Source
G.S.1873, c. 14, § 33, p. 270;
Laws 1895, c. 31, § 1, p. 156;
Laws 1909, c. 41, § 1, p. 228;
R.S.1913, § 1233;
C.S.1922, § 1156;
C.S.1929, § 27-535;
R.S.1943, § 24-539;
Laws 1972, LB 1032, § 58;
R.S.1943, (1985), § 24-558.
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-2731 - Appeal; transcript; contents; clerk; duties.

25-2731.
Appeal; transcript; contents; clerk; duties.
(1) Upon perfection of the appeal, the clerk of the county court shall transmit within ten days to the clerk of the district court a certified copy of the transcript and the docket fee, whereupon the clerk of the district court shall file the appeal. A copy of any bond or undertaking shall be transmitted to the clerk of the district court within ten days of filing.
(2) The Supreme Court shall, by rule and regulation, specify the method of ordering the transcript and the form and content of the transcript.
Source
Laws 1981, LB 42, § 4;
Laws 1984, LB 13, § 22;
Laws 1986, LB 529, § 14;
Laws 1988, LB 352, § 24;
R.S.Supp.,1988, § 24-541.04;
Laws 2018, LB193, § 47.
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-2732 - Testimony; preservation; bill of exceptions; cost.

25-2732.
Testimony; preservation; bill of exceptions; cost.
(1) Testimony in all civil and criminal cases in county court shall be preserved by multi-track recorders, but the court may order the use of a court reporter in any case.
(2) Standards for equipment for recording testimony and rules for using such equipment shall be prescribed by the Supreme Court. Such standards shall require that the equipment be capable of multiple-track recording and of instantaneous monitoring by the clerk or other court employee operating the equipment.
(3) The transcription of such testimony, when certified to by the stenographer or court reporter who made it and settled by the court as such, shall constitute the bill of exceptions in the case. The cost of preparing the bill of exceptions shall be paid initially by the party for whom it is prepared.
(4) The procedure for preparation, settlement, signature, allowance, certification, filing, and amendment of a bill of exceptions shall be governed by rules of practice prescribed by the Supreme Court.
Source
Laws 1981, LB 42, § 5;
Laws 1984, LB 13, § 23;
Laws 1986, LB 529, § 15;
R.S.Supp.,1988, § 24-541.05;
Laws 2007, LB213, § 2.
Annotations
Revocation of probation need not be reversed solely on the ground that, through inadvertence, a complete record of the hearing resulting in the revocation was not preserved so long as a sufficient record exists to establish the grounds for revocation by clear and convincing evidence. State v. Schulz, 221 Neb. 473, 378 N.W.2d 165 (1985).
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-2735 - Appeal; surety; liability.

25-2735.
Appeal; surety; liability.
When an appeal shall be dismissed or when judgment shall be entered in the district court against the appellant, the sureties in the undertaking shall be liable to the appellee for the amount of the judgment, interest, and costs recovered against the appellant, but not to exceed the amount of the undertaking.
Source
Laws 1981, LB 42, § 8;
R.S.1943, (1985), § 24-541.08.
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-2736 - Appeal; procedural dismissal; effect.

25-2736.
Appeal; procedural dismissal; effect.
If an appeal is dismissed for procedural reasons, the clerk of the district court shall certify the order without cost to the county court. Thereafter the proceedings in the county court shall continue as if no appeal had been taken.
Source
Laws 1981, LB 42, § 9;
Laws 1984, LB 13, § 26;
R.S.1943, (1985), § 24-541.09.
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-2737 - Appeal; appellant; pay costs; when.

25-2737.
Appeal; appellant; pay costs; when.
In all cases involving a money judgment, if any person appealing from a judgment rendered in his or her favor shall not recover a greater sum than the amount for which judgment was rendered, besides costs and the interest accruing thereon, such appellant shall pay the costs of such appeal.
Source
Laws 1981, LB 42, § 10;
R.S.1943, (1985), § 24-541.10;
Laws 1995, LB 538, § 6.
Annotations
In all matters arising under the Nebraska Probate Code, if it shall appear to the district court that an appeal was taken vexatiously or for delay, the court shall adjudge that the appellant shall pay the cost thereof, including an attorney fee, under subsection (2) of this section. In re Estate of Miller, 231 Neb. 723, 437 N.W.2d 793 (1989).
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-2738 - Appeals; when not allowed.

25-2738.
Appeals; when not allowed.
No appeal shall be allowed from judgments rendered on confession.
Source
Laws 1929, c. 82, art. XI, § 116, p. 309;
C.S.1929, § 22-1114;
R.S.1943, § 26-1,117;
Laws 1972, LB 1032, § 51;
R.S.1943, (1985), § 24-551.
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-2739 - Domestic relations judgment or final order; appeal.

25-2739.
Domestic relations judgment or final order; appeal.
A judgment rendered or final order made by a county court in a domestic relations matter as defined in section 25-2740 may be reversed, vacated, or modified by the Court of Appeals in the same manner as judgments and final orders of the district court under sections 25-1911 to 25-1929.
Source
Laws 1996, LB 1296, § 5;
Laws 1997, LB 229, § 6.
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-2742 - Civil actions; applicability of act.

25-2742.
Civil actions; applicability of act.
(1) The County Court Expedited Civil Actions Act applies to civil actions in county court in which the sole relief sought is a money judgment and in which the claim of each plaintiff is less than or equal to the county court jurisdictional amount set forth in subdivision (5) of section 24-517, including damages of any kind, penalties, interest accrued before the filing date, and attorney's fees, but excluding prejudgment interest accrued after the filing date, postjudgment interest, and costs.
(2) The act does not apply to Small Claims Court actions or domestic relations matters or paternity or custody determinations as defined in section 25-2740.
(3) For the purposes of the act, side means all litigants with generally common interests in the litigation.
Source
Laws 2020, LB912, § 2.
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-2743 - Plaintiffs; certification of relief sought; applicability of laws and rules; jurisdictional amount; restriction on judgment; termination of proceedings; conditions; counterclaim.

25-2743.
Plaintiffs; certification of relief sought; applicability of laws and rules; jurisdictional amount; restriction on judgment; termination of proceedings; conditions; counterclaim.
(1) Eligible plaintiffs may elect to proceed under the County Court Expedited Civil Actions Act by certifying that the relief sought meets the requirements of section 25-2742. The certification must be on a form approved by the Supreme Court, signed by all plaintiffs and their attorneys, if represented, and filed with the complaint. The certification is not admissible to prove a plaintiff's damages in any proceeding.
(2) Except as otherwise specifically provided, the Nebraska laws and court rules that are applicable to civil actions are applicable to actions under the act.
(3) A party proceeding under the act may not recover a judgment in excess of the county court jurisdictional amount set forth in subdivision (5) of section 24-517, nor may a judgment be entered against a party in excess of such amount, excluding prejudgment interest that accrues after the filing date, postjudgment interest, and costs. The jury, if any, must not be informed of the county court jurisdictional amount. If the jury returns a verdict for damages in excess of the county court jurisdictional amount for or against a party, the court shall not enter judgment on that verdict in excess of such amount, exclusive of the prejudgment interest that accrues after the filing date, postjudgment interest, and costs.
(4) Upon timely application of any party, the county court may terminate application of the act and enter such orders as are appropriate under the circumstances if:
(a) The moving party makes a specific showing of substantially changed circumstances sufficient to render the application of the act unfair; or
(b) A party has in good faith filed a counterclaim that seeks relief other than that allowed under the act.
(5) A party may assert a counterclaim only if the counterclaim arises out of the same transaction or occurrence as the opposing party's claim. Any such counterclaim is subject to the county court jurisdictional limit on damages under the act, unless the court severs the counterclaim or certifies the action to district court pursuant to section 25-2706 on the grounds that the amount in controversy exceeds the county court jurisdictional limit.
Source
Laws 2020, LB912, § 3.
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-2744 - Discovery; expert; limitations; motion to modify.

25-2744.
Discovery; expert; limitations; motion to modify.
(1) Except upon agreement of the parties or leave of court granted upon a showing of good cause, all discovery under the County Court Expedited Civil Actions Act must be completed no later than sixty days before trial.
(2) Except upon agreement of the parties or leave of court granted upon a showing of good cause, discovery under the act is subject to the following additional limitations:
(a) Each side shall serve no more than ten interrogatories on any other side;
(b) Each side shall serve no more than ten requests for production on any other side;
(c) Each side shall serve no more than ten requests for admission on any other side. This limit does not apply to requests for admission of the genuineness of documents that a party intends to offer into evidence at trial;
(d) One deposition of each party may be taken. With regard to corporations, partnerships, voluntary associations, or any other groups or entities named as a party, the entity or one officer, member, or employee of such entity may be deposed; and
(e) Each side may take the deposition of up to two nonparties.
(3) Each side is entitled to one expert, except upon agreement of the parties or leave of court granted upon a showing of good cause. A treating health care provider is counted as an expert for purposes of this subsection.
(4) A motion for leave of court to modify the limitations set forth in this section must be in writing and must set forth the proposed additional discovery or expert and the reasons establishing good cause.
Source
Laws 2020, LB912, § 4.
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-2745 - Motions.

25-2745.
Motions.
(1) Any party may file any motion permitted under rules adopted by the Supreme Court for pre-answer motions.
(2) A motion for summary judgment must be filed no later than ninety days before trial.
Source
Laws 2020, LB912, § 5.
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-2746 - Action; time limitations.

25-2746.
Action; time limitations.
An action under the County Court Expedited Civil Actions Act should ordinarily be submitted to the jury or the court within two business days from the commencement of trial. Unless the court allows additional time for good cause shown, each side shall be allowed no more than six hours to complete jury selection, opening statements, presentation of evidence, examination and cross-examination of witnesses, and closing arguments. Time spent on objections, bench conferences, and challenges for cause to a juror are not included in the time limit.
Source
Laws 2020, LB912, § 6.
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-2748 - Rules and forms; Supreme Court; powers.

25-2748.
Rules and forms; Supreme Court; powers.
The Supreme Court may promulgate rules and forms for actions governed by the County Court Expedited Civil Actions Act, and such rules and forms shall not be in conflict with the act.
Source
Laws 2020, LB912, § 8.
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-2801 - Designation.

25-2801.
Designation.
Each county court shall have a Small Claims Department which shall be designated the Small Claims Court.
Source
Laws 1972, LB 1032, § 21;
Laws 1984, LB 13, § 13;
R.S.1943, (1985), § 24-521.
Annotations
Small claims court is a department of county court, and as such, small claims court does not have general equity jurisdiction. Scherbak v. Kissler, 245 Neb. 10, 510 N.W.2d 318 (1994).
In an appeal to the district court from the Small Claims Court, a party has the right to appear by his own counsel. Simon v. Lieberman, 193 Neb. 321, 226 N.W.2d 781 (1975).
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-2802 - Jurisdiction.

25-2802.
Jurisdiction.
(1) The Small Claims Court shall have subject matter jurisdiction in all civil actions of any type when the amount of money or damages or the value of the personal property claimed does not exceed the jurisdictional amount specified in subsection (4) of this section, exclusive of interest and costs.
(2) The Small Claims Court shall have subject matter jurisdiction in civil matters when the plaintiff seeks to disaffirm, avoid, or rescind a contract or agreement for the purchase of goods or services not in excess of the jurisdictional amount specified in subsection (4) of this section, exclusive of interest and costs.
(3) The Small Claims Court shall have jurisdiction when the party defendant or his or her agent resides or is doing business within the county or when the cause of action arose within the county.
(4) The jurisdictional amount is three thousand five hundred dollars from July 1, 2010, through June 30, 2015.
The Supreme Court shall continue to adjust the jurisdictional limit for the Small Claims Court every fifth year commencing July 1, 2015. The adjusted jurisdictional amount shall be equal to the then current jurisdictional amount adjusted by the average percentage change in the unadjusted Consumer Price Index for All Urban Consumers published by the Federal Bureau of Labor Statistics for the five-year period preceding the adjustment date. The jurisdictional amount shall be rounded to the nearest one-hundred-dollar amount.
Source
Laws 1972, LB 1032, § 22;
Laws 1976, LB 629, § 1;
Laws 1979, LB 117, § 1;
Laws 1985, LB 373, § 2;
R.S.1943, (1985), § 24-522;
Laws 1997, LB 3, § 1;
Laws 2001, LB 9, § 1;
Laws 2010, LB695, § 1.
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-2803 - Parties; representation.

25-2803.
Parties; representation.
(1) Parties in the Small Claims Court may be individuals, partnerships, limited liability companies, corporations, unions, associations, or any other kind of organization or entity.
(2) No party shall be represented by an attorney in the Small Claims Court except as provided in sections 25-2804 and 25-2805.
(3) An individual shall represent himself or herself in the Small Claims Court. A partnership shall be represented by a partner or one of its employees. A limited liability company shall be represented by a member, a manager, or one of its employees. A union shall be represented by a union member or union employee. A corporation shall be represented by one of its employees. An association shall be represented by one of its members or by an employee of the association. Any other kind of organization or entity shall be represented by one of its members or employees.
(4) Only a party, natural or otherwise, who has been a party to the transaction with the defendant for which the claim is brought may file and prosecute a claim in the Small Claims Court.
(5) No party may file an assigned claim in the Small Claims Court.
(6) No party shall file more than two claims within any calendar week nor more than ten claims in any calendar year in the Small Claims Court.
(7) Notwithstanding any other provision of this section, a personal representative of a decedent's estate, a guardian, or a conservator may be a party in the Small Claims Court.
Source
Laws 1972, LB 1032, § 23;
Laws 1987, LB 77, § 1;
Laws 1987, LB 536, § 2;
R.S.Supp.,1988, § 24-523;
Laws 1993, LB 121, § 174;
Laws 2010, LB712, § 5;
Laws 2019, LB71, § 1.