reglab/statecodes huggingface dataset:
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-1240 - Testimony; how taken.

25-1240.
Testimony; how taken.
The testimony of witnesses may be taken in four modes: (1) By affidavit; (2) by deposition; (3) by oral examination; and (4) by videotape of an examination conducted prior to the time of trial for use at trial in accordance with procedures provided by law.
Source
R.S.1867, Code § 366, p. 454;
R.S.1913, § 7932;
C.S.1922, § 8874;
C.S.1929, § 20-1240;
R.S.1943, § 25-1240;
Laws 1973, LB 504, § 2.
Annotations
“Testimony” for purposes of section 25-1116 encompasses evidence authorized as “testimony” under this section, that is, as live testimony at trial by oral examination or by some substitute for live testimony, including but not limited to, affidavit, deposition, or video recording of an examination conducted prior to the time of trial for use at trial. State v. Vandever, 287 Neb. 807, 844 N.W.2d 783 (2014).
A document subscribed and sworn to before a person not authorized by law to administer oaths is not an affidavit and is void as such. State v. Haase, 247 Neb. 817, 530 N.W.2d 617 (1995).
"Testimony" means oral evidence. Woolworth v. Parker, 57 Neb. 417, 77 N.W. 1090 (1899); Columbia Nat. Bank v. German Nat. Bank, 56 Neb. 803, 77 N.W. 346 (1898).
The unsupported assertions of attorneys during court proceedings do not establish the facts asserted unless the other appropriate parties stipulate to such facts. Schroeder v. Barnes, 5 Neb. App. 811, 565 N.W.2d 749 (1997).
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-1241 - Affidavit, defined.

25-1241.
Affidavit, defined.
An affidavit is a written declaration under oath, made without notice to the adverse party.
Source
R.S.1867, Code § 367, p. 455;
R.S.1913, § 7933;
C.S.1922, § 8875;
C.S.1929, § 20-1241;
R.S.1943, § 25-1241.
Annotations
In connection with an affidavit, a notary public completes a certificate, known as a jurat, which confirms that the affiant appeared before the notary, attested to the truth of his or her statements, and signed the affidavit. AVG Partners I v. Genesis Health Clubs, 307 Neb. 47, 948 N.W.2d 212 (2020).
Unless required by statute, an omission in a jurat that an affidavit was sworn to will not be fatal if the fact otherwise appears. AVG Partners I v. Genesis Health Clubs, 307 Neb. 47, 948 N.W.2d 212 (2020).
An unsigned affidavit which was not offered until the day of the hearing on the summary judgment motion was properly excluded by the trial court. Medley v. Davis, 247 Neb. 611, 529 N.W.2d 58 (1995).
Requirement met where affiant acknowledged to authorized official that he was affiant and then signed affidavit in official presence. State v. Howard, 184 Neb. 274, 167 N.W.2d 80 (1969).
An affidavit must bear upon its face, by the certificate of the officer before whom it is taken, evidence that it was duly sworn to by the party making the same. Kennedy & Parsons Co. v. Schmidt, 152 Neb. 637, 42 N.W.2d 191 (1950).
Document sworn to before an officer not authorized to administer an oath was not an affidavit. Lanning v. Haases, 89 Neb. 19, 130 N.W. 1008 (1911).
Affidavit drawn by counsel, in language which is ambiguous, will be construed strongly against party in whose behalf it is offered. Nebraska Moline Plow Co. v. Fuehring, 52 Neb. 541, 72 N.W. 1003 (1897).
An affidavit is a declaration in writing sworn to by a party before some person who has authority to administer oaths. Bantley v. Finney, 43 Neb. 794, 62 N.W. 213 (1895).
Sworn statements in question-and-answer format, which were created by questioning an affiant under oath in a nonadversarial context and having a court reporter record the exchange, are written declarations within the purview of this section. Thorne v. Omaha Pub. Power Dist., 2 Neb. App. 437, 510 N.W.2d 575 (1994).
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-1242 - Deposition, defined.

25-1242.
Deposition, defined.
A deposition is a written declaration under oath or a videotape taken under oath in accordance with procedures provided by law, made upon notice to the adverse party for the purpose of enabling him to attend and cross-examine, or made upon written interrogatories.
Source
R.S.1867, Code § 368, p. 455;
R.S.1913, § 7934;
C.S.1922, § 8876;
C.S.1929, § 20-1242;
R.S.1943, § 25-1242;
Laws 1973, LB 504, § 3.
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-1243 - Oral examination, defined.

25-1243.
Oral examination, defined.
An oral examination is an examination in the presence of the jury or tribunal which is to decide the fact or act upon it, the testimony being heard by the jury or tribunal from the lips of the witness.
Source
R.S.1867, Code § 369, p. 455;
R.S.1913, § 7935;
C.S.1922, § 8877;
C.S.1929, § 20-1243;
R.S.1943, § 25-1243.
Annotations
The unsupported assertions of attorneys during court proceedings do not establish the facts asserted unless the other appropriate parties stipulate to such facts. Schroeder v. Barnes, 5 Neb. App. 811, 565 N.W.2d 749 (1997).
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-1245 - Affidavit; before whom made; attorney at law not disqualified.

25-1245.
Affidavit; before whom made; attorney at law not disqualified.
An affidavit may be made in and out of this state before any person authorized to take depositions, and must be authenticated in the same way. An attorney at law who is attorney for a party in any proceedings in any court of this state shall not be disqualified as the person before whom the affidavit is made by reason of such representation.
Source
R.S.1867, Code § 371, p. 455;
R.S.1913, § 7937;
C.S.1922, § 8879;
C.S.1929, § 20-1245;
R.S.1943, § 25-1245;
Laws 1965, c. 121, § 1, p. 457.
Annotations
Affidavits are not improper or excludable because notarized by one who is attorney of record. Frazier, Inc. v. 20th Century Builders, Inc., 188 Neb. 618, 198 N.W.2d 478 (1972).
Affidavits verified before attorneys for state held competent after being reverified before authorized officer. Baker v. State, 112 Neb. 654, 200 N.W. 876 (1924).
Attorney in case is not competent to act as notary in taking affidavit to be used on hearing. Maroosis v. Catalano, 98 Neb. 284, 152 N.W. 559 (1915); Horkey v. Kendall, 53 Neb. 522, 73 N.W. 953 (1898).
Objections to use of affidavit as evidence are not required to be made in the manner provided for interposing objections to depositions. Malcom Savings Bank v. Cronin, 80 Neb. 231, 116 N.W. 150 (1908).
Affidavit must have attached certificate of officer before whom taken that oath was administered. Sebesta v. Supreme Court of Honor, 77 Neb. 249, 109 N.W. 166 (1906).
Affidavit taken before notary of a sister state or foreign government was properly received. Browne v. Palmer, 66 Neb. 287, 92 N.W. 315 (1902).
There must be authentication by both seal and signature. Holmes v. Crooks, 56 Neb. 466, 76 N.W. 1073 (1898).
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-1268 - Discovery; delivery of copies of documents; refusal to deliver; penalty.

25-1268.
Discovery; delivery of copies of documents; refusal to deliver; penalty.
Either party or his attorney, if required, shall deliver to the other party or his attorney, a copy of any deed, instrument or other writing whereon the action or defense is founded, or which he intends to offer in evidence at the trial. If the plaintiff or defendant shall refuse to furnish the copy or copies required, the party so refusing shall not be permitted to give in evidence, at the trial, the original, of which a copy has been refused. This section shall not apply to any paper a copy of which is filed with a pleading.
Source
R.S.1867, Code § 395, p. 459;
R.S.1913, § 7961;
C.S.1922, § 8902;
C.S.1929, § 20-1268;
R.S.1943, § 25-1268.
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-1273 - Nonparty; discovery; subpoena; procedure.

25-1273.
Nonparty; discovery; subpoena; procedure.
When the discovery rules promulgated by the Supreme Court authorize discovery from a nonparty without a deposition, a subpoena shall be issued by the clerk of the court before whom the action is pending upon request of a party. An attorney as an officer of the court may also issue and sign such a subpoena on behalf of a court in which the attorney is authorized to practice. The subpoena shall be served in the time and manner required by the discovery rules. Such discovery rules shall not be construed to permit discovery by subpoena if the information is protected by statute or if that procedure conflicts with any other statute.
Source
Laws 2001, LB 489, § 2.
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-1273.01 - Rules of procedure.

25-1273.01.
Rules of procedure.
The Supreme Court shall promulgate rules of procedure for discovery in civil cases, which rules shall not be in conflict with laws governing such matters. Rules which provide for the admissibility of depositions shall not be considered as conflicting with the Nebraska Evidence Rules.
Source
Laws 1982, LB 716, § 1;
Laws 2000, LB 921, § 8.
Cross References
Nebraska Evidence Rules, see section 27-1103.
Annotations
The language of this section, in combination with section 27-802, indicates a clear intention by the Legislature to create an independent avenue to admit deposition testimony. Walton v. Patil, 279 Neb. 974, 783 N.W.2d 438 (2010).
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-1274 - Legal notices; proof of publication.

25-1274.
Legal notices; proof of publication.
Publications required by law to be made in a newspaper, may be proved by affidavit of any person having knowledge of the fact, specifying the time when and the paper in which the publication was made, and that said newspaper is a legal newspaper under the statutes of the State of Nebraska, but such affidavit must, for the purposes now contemplated, be made within six months after the last day of publication, in the office where the original affidavit of publication is required to be filed.
Source
R.S.1867, Code § 403, p. 461;
R.S.1913, § 7967;
Laws 1922, Spec. Sess., c. 11, § 1, p. 80;
C.S.1922, § 8908;
C.S.1929, § 20-1274;
R.S.1943, § 25-1274.
Annotations
Affidavit need not state particulars as to circulation of newspaper or number of weeks published prior to sale; it is sufficient if in language of this section. Seymour v. Lawson, 111 Neb. 770, 197 N.W. 623 (1924).
Proof of publication must be made within six months after the last day of publication. Lonergan v. City of South Omaha, 72 Neb. 317, 100 N.W. 407 (1904).
Publication affidavit is not sufficiently authenticated if it lacks signature of an officer to the jurat. Holmes v. Crooks, 56 Neb. 466, 76 N.W. 1073 (1898).
Proof of publication of notice or order of sale may be made by affidavit of one who has knowledge of fact. Johnson v. Colby, 52 Neb. 327, 72 N.W. 313 (1897).
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-1275 - Legal notices; proof of posting or service.

25-1275.
Legal notices; proof of posting or service.
The posting or service of any notice or other paper required by law may be proved by the affidavit of any competent witness, attached to a copy of said notice or paper, and made within six months of the time of such posting.
Source
R.S.1867, Code § 404, p. 461;
R.S.1913, § 7968;
C.S.1922, § 8909;
C.S.1929, § 20-1275;
R.S.1943, § 25-1275.
Annotations
Proof by affidavit of posting of public notice is not exclusive. Larimer v. Wallace, 36 Neb. 444, 54 N.W. 835 (1893).
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-1276 - Other facts required to be shown by affidavit; how proved.

25-1276.
Other facts required to be shown by affidavit; how proved.
Any other fact which is required to be shown by affidavit, and which may be required for future use in any action or other proceeding, may be proved by pursuing the course indicated in sections 25-1274 and 25-1275, as nearly as the circumstances of the case will admit.
Source
R.S.1867, Code § 405, p. 461;
R.S.1913, § 7969;
C.S.1922, § 8910;
C.S.1929, § 20-1276;
R.S.1943, § 25-1276.
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-1277 - Legal notices and other facts provable by affidavit; perpetuation of proof.

25-1277.
Legal notices and other facts provable by affidavit; perpetuation of proof.
Proof made as provided in sections 25-1274 to 25-1276, may be perpetuated and preserved for future use by filing the papers above mentioned in the office of the county judge, and the original affidavit appended to the notice or paper, if there be one, and if not the affidavit, by itself, is presumptive evidence of the facts stated therein, but does not preclude other modes of proof permitted by law.
Source
R.S.1867, Code § 406, p. 461;
R.S.1913, § 7970;
C.S.1922, § 8911;
C.S.1929, § 20-1277;
R.S.1943, § 25-1277.
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-1278 - Field notes or plat of county surveyor; when admissible.

25-1278.
Field notes or plat of county surveyor; when admissible.
A copy of the field notes of any county surveyor, or a plat made by him and certified under oath as correct, may be received as evidence to show the shape or dimensions of a tract of land, or any other fact whose ascertainment requires only the exercise of scientific skill or calculation.
Source
R.S.1867, Code § 407, p. 461;
R.S.1913, § 7971;
C.S.1922, § 8912;
C.S.1929, § 20-1278;
R.S.1943, § 25-1278.
Cross References
For other provisions for county surveyor's certificate, see section 23-1904.
Annotations
Field notes of county surveyor are admissible. Worm v. Crowell, 165 Neb. 713, 87 N.W.2d 384 (1958).
Field notes and plats of original surveys are presumptively correct and government field notes are admissible. Peterson v. Skjelver, 43 Neb. 663, 62 N.W. 43 (1895); Woods v. West, 40 Neb. 307, 58 N.W. 938 (1894).
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-1280 - Official records; certified copies; duty of custodian to furnish; fees.

25-1280.
Official records; certified copies; duty of custodian to furnish; fees.
Every state, county or political subdivision officer having the custody of a public record or writing is bound to give any person on demand a certified copy thereof on payment of the legal fees therefor. Where fees are not otherwise expressly provided by statute, the fee shall be thirty cents per hundred words if the copy is a typewritten copy, and the cost of the mechanically reproduced copy when the copy is made by photographic or offset process. In addition thereto a fee of one dollar shall be charged for the certificate of the officer.
Source
R.S.1867, Code § 409, p. 461;
R.S.1913, § 7973;
C.S.1922, § 8914;
C.S.1929, § 20-1280;
R.S.1943, § 25-1280;
Laws 1957, c. 86, § 1, p. 335;
Laws 1961, c. 454, § 1, p. 1383;
Laws 1977, LB 126, § 1.
Annotations
Prison physician was not obligated to furnish inmate of penitentiary with copy of hospital record. Rhodes v. Meyer, 225 F.Supp. 80 (D. Neb. 1963).
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-1281 - Official records; photographic copies; admissibility; destruction of original records.

25-1281.
Official records; photographic copies; admissibility; destruction of original records.
In all cases in which any instrument or document is required by law to be copied or recorded in any public record in any public office within the State of Nebraska, the officials having charge of the making of such records may employ the use of photographic processes for the reproduction of such instrument or document. This shall be done for the public records and shall be a true copy of the original instrument or document to be so recorded, and may likewise use any such photographic process for the making of certified copies of such public records;
Provided,
no such photographic processes shall be used for the making of permanent records until it shall have been demonstrated to the satisfaction of the officials having charge of such records and the State Records Administrator, that the processes to be used will produce an accurate and permanent record of the instrument or document to be recorded. Any such existing records when reproduced by such photographic processes may be destroyed by the official having charge of the same when approval is given by the State Records Administrator.
Source
Laws 1911, c. 103, § 1, p. 369;
R.S.1913, § 7974;
C.S.1922, § 8915;
C.S.1929, § 20-1281;
R.S.1943, § 25-1281;
Laws 1957, c. 87, § 1, p. 336;
Laws 1969, c. 105, § 5, p. 481.
Annotations
Photostatic copies of county surveyor's records are admissible. Worm v. Crowell, 165 Neb. 713, 87 N.W.2d 384 (1958).
This section does not prevent courts from admitting photographs as secondary evidence; identification of photograph by one who took it not essential; correctness may be shown by knowledge and observation of witness. Nebraska State Bank of Republican City v. Walker, 111 Neb. 203, 196 N.W. 128 (1923).
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-1282 - Official records; proof of lack of record.

25-1282.
Official records; proof of lack of record.
The certificate of a public officer that he has made diligent and ineffectual search for a paper in his office is of the same efficacy in all cases as if such officer had personally appeared and sworn to such facts.
Source
R.S.1867, Code § 410, p. 462;
R.S.1913, § 7975;
C.S.1922, § 8916;
C.S.1929, § 20-1282;
R.S.1943, § 25-1282.
Annotations
Where public officer certifies he has been unable to find original record, secondary evidence is admissible. Clough v. North Central Gas Co., 150 Neb. 418, 34 N.W.2d 862 (1948).
Nonexistence of record may be proved by anyone who has made search therefor. Smith v. First Nat. Bank of Chadron, 45 Neb. 444, 63 N.W. 796 (1895); Gutta Percha & Rubber Mfg. Co. v. Village of Ogalalla, 40 Neb. 775, 59 N.W. 513 (1894).
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-1283 - Land office receipts; effect as evidence.

25-1283.
Land office receipts; effect as evidence.
The usual duplicate receipt of the receiver of any land office, or, if that be lost or destroyed, or beyond the reach of the party, the certificate of such receiver that the books of his office show the sale of a tract of land to a certain individual is proof of title equivalent to a patent against all but the holder of an actual patent.
Source
R.S.1867, Code § 411, p. 462;
R.S.1913, § 7976;
C.S.1922, § 8917;
C.S.1929, § 20-1283;
R.S.1943, § 25-1283.
Annotations
Holder of receiver's certificate cannot, when entry is canceled, maintain ejectment. Oldfather v. Ericson, 79 Neb. 1, 112 N.W. 356 (1907); Headley v. Coffman, 38 Neb. 68, 56 N.W. 701 (1893).
Land office receipt is sufficient to protect one in possession against naked claim of superior right. Moore v. Parker, 59 Neb. 29, 80 N.W. 43 (1899); Kinney v. Degman, 12 Neb. 237, 11 N.W. 318 (1882).
Receiver's receipt gives color of title to entire tract described. Draper v. Taylor, 58 Neb. 787, 79 N.W. 709 (1899).
United States land officer's certificate is such color of title as to start statute of limitation running. Carroll v. Patrick, 23 Neb. 834, 37 N.W. 671 (1888).
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-1284 - Official records; signature of custodian; genuineness presumed, when.

25-1284.
Official records; signature of custodian; genuineness presumed, when.
In the cases contemplated in sections 25-1280, 25-1282 and 25-1283, the signature of the officer shall be presumed to be genuine until the contrary is shown.
Source
R.S.1867, Code § 412, p. 462;
R.S.1913, § 7977;
C.S.1922, § 8918;
C.S.1929, § 20-1284;
R.S.1943, § 25-1284.
Annotations
Field notes and tract book were sufficiently authenticated. Worm v. Crowell, 165 Neb. 713, 87 N.W.2d 384 (1958).
It is not necessary to prove signature of county clerk accompanying jurat to oath lawfully filed in his office. Merriam v. Coffee, 16 Neb. 450, 20 N.W. 389 (1884).
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-1285 - Judicial records of Nebraska and federal courts; how proved.

25-1285.
Judicial records of Nebraska and federal courts; how proved.
A judicial record of this state, or of any other federal court of the United States, may be proved by producing the original or a copy thereof, certified by the clerk or the clerk's designee or the person having the legal custody thereof, authenticated by his or her seal of office, if there is one.
Source
R.S.1867, Code § 413, p. 462;
R.S.1913, § 7978;
C.S.1922, § 8919;
C.S.1929, § 20-1285;
R.S.1943, § 25-1285;
Laws 2007, LB449, § 1.
Annotations
A certified copy of judgment of prior conviction in any federal court or in a court of this state is sufficient proof thereof. State v. Micek, 193 Neb. 379, 227 N.W.2d 409 (1975).
Judgment of justice, including copy of complaint embodied therein, was established by competent proof. Osborne v. State, 115 Neb. 65, 211 N.W. 179 (1926).
Judicial record, if properly certified, is admissible to prove its own existence. Sheibley v. Fales, 81 Neb. 795, 116 N.W. 1035 (1908).
Orders or judgments of court of general jurisdiction may be pleaded without alleging jurisdictional facts. Lear v. Brown County, 77 Neb. 230, 109 N.W. 174 (1906).
Records of sister state may be examined to determine court's jurisdiction. Fall v. Fall, 75 Neb. 104, 106 N.W. 412 (1905), judgment vacated 75 Neb. 120, 113 N.W. 175 (1907).
Transcript of proceedings, duly certified, of United States court, is competent evidence, though presiding judge failed to sign journal. Stacks v. Crawford, 63 Neb. 662, 88 N.W. 852 (1902).
Recitals in judgment record kept by clerk of district court of transcript from county court are not competent to prove judgment. Burge v. Gandy, 41 Neb. 149, 59 N.W. 359 (1894).
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-1286 - Deleted.

25-1286.
Deleted.
Source
Note:
The Nebraska Supreme Court in State v. Munn, 212 Neb. 265, 322 N.W.2d 429 (1982), held that "the adoption of the Nebraska Rules of Evidence repealed section 25-1286". The Revisor of Statutes has pursuant to section 49-705 deleted section 25-1286 to harmonize the legislative actions with the Supreme Court decision.
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-1287 - Records of justice of the peace; how proved.

25-1287.
Records of justice of the peace; how proved.
The official certificate of a justice of the peace of any of the United States, to any judgment, and the preliminary proceeding before him, supported by the official certificate of the clerk of any court of record within the county in which such justice resides, stating that he is an acting justice of the peace of that county, and that the signature of his certificate is genuine, is sufficient evidence of such proceedings and judgment.
Source
R.S.1867, Code § 415, p. 462;
R.S.1913, § 7980;
C.S.1922, § 8921;
C.S.1929, § 20-1287;
R.S.1943, § 25-1287.
Annotations
Transcript of justice of peace of another state is receivable in evidence if it complies with this section. Gordon Bros. v. Wageman, 77 Neb. 185, 108 N.W. 1067 (1906).
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-1290 - Legislative proceedings; how proved.

25-1290.
Legislative proceedings; how proved.
The proceedings of the Legislature of this state, or any state of the Union, or of the United States, or of any foreign government, are proved by the journals of those bodies, respectively, or of either branch thereof, and either by copies officially certified by the clerk of the house in which the proceedings were had, or by a copy purporting to have been printed by their order.
Source
R.S.1867, Code § 418, p. 463;
R.S.1913, § 7983;
C.S.1922, § 8924;
C.S.1929, § 20-1290;
R.S.1943, § 25-1290.
Annotations
Where entries in journal expressly and unequivocally contradict enrolled bill, former will prevail. State v. Burlington & Missouri River R. R. Co., 60 Neb. 741, 84 N.W. 254 (1901).
If it appears from journals of Legislature that bill had not actually passed, certificate of presiding officer is overthrown and bill is invalid. Webster v. City of Hastings, 56 Neb. 669, 77 N.W. 127 (1898).
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-1292 - Abstracts of title and title insurance policy; when used as evidence; certification.

25-1292.
Abstracts of title and title insurance policy; when used as evidence; certification.
(1) Any party to a civil action who may desire to use in evidence at the trial any abstract of title to real estate shall, not less than seven days prior to the date of trial, notify the adverse party by written notice addressed to such party's counsel of record and deposit such abstract in the office of the clerk of the district court of the county in which such action is pending for examination by such adverse party. Such abstract of title, if certified to and issued by a registered abstracter, shall be received in evidence as prima facie evidence of the existence of the record of deeds, mortgages, and other instruments, conveyances, or liens affecting the real estate mentioned in such abstract and that such record is as described in such abstract. If such abstract is successively certified to by abstracters who were bonded under section 76-506 prior to November 18, 1965, registered under sections 76-509 to 76-528 on or after November 18, 1965, but prior to March 26, 1985, or registered under the Abstracters Act, the same shall be received in evidence without further foundation.
(2) A title insurance policy issued by a title insurer licensed to issue such policy by the State of Nebraska shall also be received in court as prima facie evidence of the ownership, liens, mortgages, easements, and all other corporeal as well as incorporeal hereditaments to such real estate, the existence of which are indicated in such title insurance policy.
Source
Laws 1887, c. 64, § 3, p. 566;
R.S.1913, § 7985;
C.S.1922, § 8926;
C.S.1929, § 20-1292;
R.S.1943, § 25-1292;
Laws 1965, c. 453, § 21, p. 1446;
Laws 1985, LB 47, § 1;
Laws 1991, LB 235, § 1.
Cross References
Abstracters Act, see section 76-535.
Annotations
Abstracts of title, when proper foundation has been laid, are admissible in evidence. Worm v. Crowell, 165 Neb. 713, 87 N.W.2d 384 (1958).
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-1293 - Public seal affixed to copy of written law or public writing; effect; unwritten law; how proved.

25-1293.
Public seal affixed to copy of written law or public writing; effect; unwritten law; how proved.
The public seal of the state or county affixed to a copy of a written law or other public writing, is also admissible as evidence of such law or writing respectively; the unwritten law of any other state or government may be proved as fact by parol evidence, and also by the books of reports of cases adjudged in their courts.
Source
R.S.1867, Code § 420, p. 463;
R.S.1913, § 7986;
C.S.1922, § 8927;
C.S.1929, § 20-1293;
R.S.1943, § 25-1293.
Annotations
Where no evidence was given as to marriage laws of sister state where common law marriage was alleged to have occurred, law of this state at time marriage was alleged to have taken place was applicable. Forshay v. Johnston, 144 Neb. 525, 13 N.W.2d 873 (1944).
This section provides a method for proof of unwritten law of foreign states by parol evidence or reports of adjudicated cases. Banks v. Metropolitan Life Ins. Co., 142 Neb. 823, 8 N.W.2d 185 (1943).
Common law of sister state may be proved by books of reports of decisions of her courts. Steinke v. Dobson, 90 Neb. 616, 134 N.W. 169 (1912).
Public seal of another state, affixed to copy of written law, is admissible as evidence of such law. Rieck v. Griffin, 74 Neb. 102, 103 N.W. 1061 (1905).
Except as to statute, law of another state is proper subject of expert testimony. Barber v. Hildebrand, 42 Neb. 400, 60 N.W. 594 (1894).
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-12,101 - Judicial notice.

25-12,101.
Judicial notice.
Every court of this state shall take judicial notice of the common law and statutes of every state, territory and other jurisdiction of the United States.
Source
Laws 1947, c. 93, § 1, p. 272.
Annotations
Where statutes of sister state have not been interpreted, the courts of this state will give a practical interpretation thereto. Exstrum v. Union Cas. & Life Ins. Co., 165 Neb. 554, 86 N.W.2d 568 (1957).
Act is applicable to any action seeking to enforce rights based upon the common law or statute law of another state. Abramson v. Abramson, 161 Neb. 782, 74 N.W.2d 919 (1956).
Provisions of this act must be properly invoked. Smith v. Brooks, 154 Neb. 93, 47 N.W.2d 389 (1951).
Uniform Judicial Notice of Foreign Law Act does not remove the necessity of pleading and presenting the common law or statutes of sister state. Scott v. Scott, 153 Neb. 906, 46 N.W.2d 627 (1951).
District court was authorized to take judicial notice of the laws of Colorado. Snyder v. Lincoln, 153 Neb. 611, 45 N.W.2d 749 (1951).
The federal court sitting in Nebraska without violating doctrine of Erie R. Co. v. Tompkins, takes judicial notice of law of another state although it was not pleaded and proved and although under Nebraska law, if law of foreign state is not pleaded and proved, it is presumed to be the same as the law of the forum. Fullington v. Iowa Sheet Metal Contractors, Inc., 319 F.Supp. 243 (D. Neb. 1970).
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-12,102 - Information of the court.

25-12,102.
Information of the court.
The court may inform itself of such laws in such manner as it may deem proper, and the court may call upon counsel to aid it in obtaining such information.
Source
Laws 1947, c. 93, § 2, p. 273.
Annotations
Court may require party invoking law of sister state to plead and present it. Scott v. Scott, 153 Neb. 906, 46 N.W.2d 627 (1951).
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-12,103 - Ruling reviewable.

25-12,103.
Ruling reviewable.
The determination of such laws shall be made by the court and not by the jury, and shall be reviewable.
Source
Laws 1947, c. 93, § 3, p. 273.
Annotations
Issue of validity of marriage in another state was properly pleaded and presented. Abramson v. Abramson, 161 Neb. 782, 74 N.W.2d 919 (1956).
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-12,104 - Evidence as to laws of other jurisdictions.

25-12,104.
Evidence as to laws of other jurisdictions.
Any party may also present to the trial court any admissible evidence of such laws, but, to enable a party to offer evidence of the law in another jurisdiction or to ask that judicial notice be taken thereof, reasonable notice shall be given to the adverse parties either in the pleadings or otherwise.
Source
Laws 1947, c. 93, § 4, p. 273.
Annotations
In order for litigant to invoke Uniform Judicial Notice of Foreign Law Act, he must give reasonable notice in pleadings or otherwise of intention so to do. Smith v. Brooks, 154 Neb. 93, 47 N.W.2d 389 (1951).
To require trial court to take judicial notice of law of another state, it must be pleaded. Scott v. Scott, 153 Neb. 906, 46 N.W.2d 627 (1951).
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-12,105 - Foreign country.

25-12,105.
Foreign country.
The law of a jurisdiction other than those referred to in section 25-12,101 shall be an issue for the court, but shall not be subject to the foregoing provisions concerning judicial notice.
Source
Laws 1947, c. 93, § 5, p. 273.
Annotations
Laws of a jurisdiction other than state or territory of the United States must be both pleaded and proved. Scott v. Scott, 153 Neb. 906, 46 N.W.2d 627 (1951).
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-12,106 - Interpretation.

25-12,106.
Interpretation.
Sections 25-12,101 to 25-12,107 shall be so interpreted and construed as to effectuate their general purpose to make uniform the law of those states which enact them.
Source
Laws 1947, c. 93, § 6, p. 273.
Annotations
Operation of act is not dependent upon reciprocal law in another state. Abramson v. Abramson, 161 Neb. 782, 74 N.W.2d 919 (1956).
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-12,112 - Admissibility of reproduced records in evidence; destruction of records; approval.

25-12,112.
Admissibility of reproduced records in evidence; destruction of records; approval.
If any business, institution, member of a profession or calling, or department or agency of government in the regular course of business or activity has kept or recorded any memorandum, writing, entry, print, representation, or combination thereof of any act, transaction, occurrence, or event and in the regular course of business has caused any or all of the same to be recorded, copied, or reproduced by any photographic, photostatic, optical imagery, microfilm, microcard, miniature photographic, optical disk, or other process which accurately reproduces or forms a durable medium for so reproducing the original, the original may be destroyed in the regular course of business unless held in a custodial or fiduciary capacity or unless its preservation is required by law and, with respect to agencies or departments of government, if the State Records Administrator approves such destruction. Such reproduction, when satisfactorily identified, is as admissible in evidence as the original itself in any judicial or administrative proceeding whether the original is in existence or not and an enlargement or facsimile of such reproduction is likewise admissible in evidence if the original reproduction is in existence and available for inspection under direction of the court. The introduction of a reproduced record, enlargement, or facsimile does not preclude admission of the original.
Source
Laws 1951, c. 56, § 1, p. 188;
Laws 1969, c. 105, § 6, p. 481;
Laws 1991, LB 25, § 1;
Laws 1994, LB 980, § 1.
Cross References
Credit union records, see section 21-1737.
Annotations
Copy of memorandum from Postmaster General regarding early retirement opportunities was admissible hereunder. Corn v. Corn, 190 Neb. 383, 208 N.W.2d 678 (1973).
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-12,113 - Sections, how construed.

25-12,113.
Sections, how construed.
Sections 25-12,112 to 25-12,114 shall be so interpreted and construed as to effectuate their general purpose of making uniform the law of those states which enact them.
Source
Laws 1951, c. 56, § 2, p. 189.
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-12,114 - Act, how cited.

25-12,114.
Act, how cited.
Sections 25-12,112 to 25-12,114 may be cited as the Uniform Photographic Copies of Business and Public Records as Evidence Act.
Source
Laws 1951, c. 56, § 3, p. 189.
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-12,115 - Report or finding admissible.

25-12,115.
Report or finding admissible.
A written report or finding of facts prepared by an expert not being a party to the cause, nor an employee of a party, except for the purpose of making such report or finding, nor financially interested in the result of the controversy, and containing the conclusions resulting wholly or partly from written information furnished by the cooperation of several persons acting for a common purpose, shall, insofar as the same may be relevant, be admissible when testified to by the person, or one of the persons, making such report or finding without calling as witnesses the persons furnishing the information, and without producing the books or other writings on which the report or finding is based, if, in the opinion of the court, no substantial injustice will be done the opposite party.
Source
Laws 1951, c. 57, § 1, p. 190.
Annotations
An offer of a composite record under this act is prima facie sufficient if a proper foundation is laid. Gateway Bank v. Department of Banking, 192 Neb. 109, 219 N.W.2d 211 (1974).
Report of results of blood test was admissible in evidence when supported by testimony of doctor who supervised the test. Houghton v. Houghton, 179 Neb. 275, 137 N.W.2d 861 (1965).
Application of statute doubted, but sufficient compliance shown. Chicago & N. W. Ry. Co. v. City of Norfolk, 157 Neb. 594, 60 N.W.2d 662 (1953).
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-12,116 - Cross-examination by adverse party.

25-12,116.
Cross-examination by adverse party.
Any person who has furnished information on which such report or finding is based may be cross-examined by the adverse party, but the fact that his testimony is not obtainable shall not render the report or finding inadmissible, unless the trial court finds that substantial injustice would be done to the adverse party by its admission.
Source
Laws 1951, c. 57, § 2, p. 190.
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-12,117 - Notice; copy of report or finding.

25-12,117.
Notice; copy of report or finding.
Such report or finding shall not be admissible unless the party offering it shall have given notice to the adverse party a reasonable time before trial of his intention to offer it, together with a copy of the report or finding, or so much thereof as may relate to the controversy, and shall also have afforded him a reasonable opportunity to inspect and copy any records or other documents in the offering party's possession or control, on which the report or finding was based, and also the names of all persons furnishing facts upon which the report or finding was based, except that it may be admitted if the trial court finds that no substantial injustice would result from the failure to give such notice.
Source
Laws 1951, c. 57, § 3, p. 190.
Annotations
Trial court is given discretion to admit report in evidence although no copy was served. Trute v. Skeede, 162 Neb. 266, 75 N.W.2d 672 (1956).
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-12,118 - Sections, how construed.

25-12,118.
Sections, how construed.
Sections 25-12,115 to 25-12,119 shall be so interpreted and construed as to effectuate their general purpose to make uniform the law of those states which enact them.
Source
Laws 1951, c. 57, § 4, p. 190.
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-12,119 - Act, how cited.

25-12,119.
Act, how cited.
Sections 25-12,115 to 25-12,119 may be cited as the Uniform Composite Reports as Evidence Act.
Source
Laws 1951, c. 57, § 5, p. 191.
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-12,120 - Hospital records; examination and inspection; presumption of consent; hospital medical staff committee; hospitalization utilization committee.

25-12,120.
Hospital records; examination and inspection; presumption of consent; hospital medical staff committee; hospitalization utilization committee.
From and after October 23, 1967, in the interest of public health and the improvement of patient medical and hospital care and in the interest of effective utilization of hospital facilities it shall be conclusively presumed that all persons hospitalized in any hospital in the State of Nebraska or confined in any extended care facility in the State of Nebraska have consented to the examination and inspection of all medical records of such hospital or extended care facility relating to such patient's care, treatment and the need for hospitalization or extended care by any hospital medical staff committee or by any utilization review committee for the purpose of studying and evaluating the necessity and the quality of the hospital and medical care and treatment or extended care provided to such patient and the necessity for continuation of such hospitalization or extended care of such patient. Hospital medical staff committee or hospital utilization committee as used in sections 25-12,120 and 25-12,121 shall mean a committee required by federal law or regulation for the purpose of administering in whole or in part a federal program for health care.
Source
Laws 1967, c. 142, § 1, p. 437.
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-12,121 - Hospital medical staff committee; hospital utilization committee; extended care facility utilization committee; recommendations or orders; liability for damages.

25-12,121.
Hospital medical staff committee; hospital utilization committee; extended care facility utilization committee; recommendations or orders; liability for damages.
No hospital medical staff committee or hospital utilization committee or extended care facility utilization committee or any member or agent of any such committee shall be held legally liable for damages or other relief to any patient or to any person or organization in behalf of any patient because of any recommendation or order made by such committee with reference to the hospitalization or continued hospitalization or confinement in an extended care facility of any individual or patient.
Source
Laws 1967, c. 142, § 2, p. 438.
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-12,123 - Peer review committee; proceedings and records; testimony; use in civil actions; limitation.

25-12,123.
Peer review committee; proceedings and records; testimony; use in civil actions; limitation.
The proceedings and records of a peer review committee of a state or local association or society composed of health practitioners licensed pursuant to the Uniform Credentialing Act shall be held in confidence and shall not be subject to discovery or introduction into evidence in any civil action against a person licensed pursuant to the act arising out of the matters which are the subject of evaluation and review by such committee. No person who was in attendance at a meeting of such committee shall be permitted or required to testify in any such civil action as to any evidence or other matters produced or presented during the proceedings of such committee or as to any findings, recommendations, evaluations, opinions, or other actions of such committee or any members thereof, except that information, documents, or records otherwise available from original sources are not to be construed as immune from discovery or use in any such civil action merely because they were presented during proceedings of such committee. Any documents or records which have been presented to the review committee by any witness shall be returned to the witness, if requested by him or her or if ordered to be produced by a court in any action, with copies thereof to be retained by the committee at its discretion. Any person who testifies before such committee or who is a member of such committee shall not be prevented from testifying as to matters within his or her knowledge, but such witness cannot be asked about his or her testimony before such a committee or opinions formed as a result of such committee hearings. Nothing in this section shall prohibit a court of record, after a hearing and for good cause arising from extraordinary circumstances being shown, from ordering the disclosure of such proceedings, minutes, records, reports, or communications.
Source
Laws 1982, LB 267, § 1;
Laws 2007, LB463, § 1114.
Cross References
Uniform Credentialing Act, see section 38-101.
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-12,124 - Statement, defined.

25-12,124.
Statement, defined.
As used in sections 25-12,124 to 25-12,126, unless the context otherwise requires, statement shall mean a recorded or written account of the facts out of which an injury arose given by the injured person to a person having an adverse interest. Statement shall not include (1) insurance claims forms, (2) medical authorizations, or (3) personal injury or accident report forms which are completed when an adverse person is not present.
Source
Laws 1988, LB 191, § 1.
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-12,125 - Rebuttable presumption; when.

25-12,125.
Rebuttable presumption; when.
(1) There shall be a rebuttable presumption that any statement secured from an injured person by an adverse person at any time within thirty days after such injuries were sustained shall have been taken under duress for purposes of a trial of any action for damages for injuries sustained by such person or for the death of such person as the result of such injuries.
(2) The presumption described in subsection (1) of this section may be rebutted by evidence. The presumption shall be deemed rebutted as a matter of law if the adverse person taking the statement discloses to the injured person prior to taking the statement:
(a) Whom he or she represents;
(b) That the injured person may make the statement in the presence of counsel or any other representative; and
(c) That a copy of the statement is available at no cost to the injured person.
Source
Laws 1988, LB 191, § 2.
Annotations
Under this section, the presumption that a statement was taken under duress may be rebutted by evidence that the statement was not made under duress. Schuemann v. Menard, Inc., 27 Neb. App. 977, 938 N.W.2d 378 (2020).
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-12,126 - Sections, how construed.

25-12,126.
Sections, how construed.
Nothing in sections 25-12,124 to 25-12,126 shall be construed to supersede, abrogate, or limit any common-law remedies available to any injured person who has given a statement.
Source
Laws 1988, LB 191, § 3.
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-1301.01 - Civil judgment or final order; duty of clerk; exception.

25-1301.01.
Civil judgment or final order; duty of clerk; exception.
Within three working days after the entry of any civil judgment or final order, except judgments by default when service has been obtained by publication or interlocutory orders styled as judgments, the clerk of the court shall send the judgment or final order by United States mail or by service through the court's electronic case management system to each party whose address appears in the records of the action or to the party's attorney or attorneys of record.
Source
Laws 1961, c. 111, § 2, p. 350;
Laws 1969, c. 186, § 1, p. 778;
Laws 1977, LB 124, § 1;
Laws 1999, LB 43, § 4;
Laws 2018, LB193, § 18;
Laws 2020, LB1028, § 4.
Annotations
Where notice of judgment was mailed late, to an attorney no longer representing defendant and to an address where defendant could not be reached, the notification of judgment statute was not complied with, and is additional evidence to permit vacation of a default judgment. Tietsort v. Ranne, 200 Neb. 651, 264 N.W.2d 860 (1978).
Where judgment of dismissal was entered and no notice was given by the clerk to the parties, the proper proceeding to correct omissions of the clerk is by motion and notice. Pofahl v. Pofahl, 196 Neb. 347, 243 N.W.2d 55 (1976).
This section has no application to the filing of the report of appraisers with the county judge in eminent domain proceedings. Weiner v. State, 179 Neb. 297, 137 N.W.2d 852 (1965).
Sending of notice by post card is required as to ruling on motion for new trial where such ruling is a prerequisite to an appeal. Simmons v. Lincoln, 176 Neb. 71, 125 N.W.2d 63 (1963).