reglab/statecodes huggingface dataset:
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-1665 - Petit jury; extra jurors to complete jury panel; tales jurors.

25-1665.
Petit jury; extra jurors to complete jury panel; tales jurors.
(1) If for any reason it appears to the judge that the jury panel of petit jurors will not be adequate at any time during the jury term, the jury commissioner shall, when ordered by the judge, draw, in the same manner as the drawing of a regular jury panel under section 25-1656, such number of potential jurors as the judge directs to fill such jury panel or as extra jurors, and those drawn shall be notified and summoned in the same manner as described in section 25-1656 or as the court may direct. This shall also apply to the selection of tales jurors for particular causes after the regular jury panel is exhausted.
(2) Each person summoned under subsection (1) of this section shall forthwith appear before the court and if qualified shall serve on the jury panel unless such person is excused from service or lawfully challenged. If necessary, jurors shall continue to be so drawn from time to time until the jury panel is filled.
Source
Laws 1915, c. 248, § 10, p. 572;
C.S.1922, § 9104;
C.S.1929, § 20-1634;
R.S.1943, § 25-1634;
Laws 1953, c. 72, § 13(1), p. 234;
R.S.1943, (2016), § 25-1634;
Laws 2020, LB387, § 22.
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-1666 - Petit jury; tales jurors; how chosen.

25-1666.
Petit jury; tales jurors; how chosen.
(1) When it is deemed necessary, the judge shall direct the jury commissioner or the sheriff of the county or such other person as may be designated by the judge to summon from the bystanders or the body of the county a sufficient number of persons having the qualifications of jurors, as provided in section 25-1650, to serve as tales jurors to fill the jury panel, in order that a jury may be obtained.
(2) The persons summoned under subsection (1) of this section who are not chosen to serve on the jury shall be discharged from the jury panel as soon as the judge so determines. Such persons shall not thereafter be disqualified from service as jurors when regularly drawn from the jury list pursuant to the Jury Selection Act unless excused by the judge.
Source
Laws 1915, c. 248, § 10, p. 572;
C.S.1922, § 9104;
C.S.1929, § 20-1634;
R.S.1943, § 25-1634;
Laws 1953, c. 72, § 13(3), p. 235;
R.S.1943, (2016), § 25-1634.02;
Laws 2020, LB387, § 23.
Annotations
Right to summon talesmen is made to depend upon necessity, which is determinable by trial judge. Pribyl v. State, 165 Neb. 691, 87 N.W.2d 201 (1957).
In great emergency, jury can be selected from bystanders. Losieau v. State, 157 Neb. 115, 58 N.W.2d 824 (1953).
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-1667 - Petit jury; postponement of service.

25-1667.
Petit jury; postponement of service.
The court may postpone service of a petit juror from one jury panel to a specific future jury panel. A written form may be completed for each such juror, giving the juror's name and address and the reason for the postponement and bearing the signature of the district judge. Such form shall be entered upon the record of the court. The names of jurors transferred from one jury panel to another shall be added to the names drawn for a particular jury panel as drawn under section 25-1662.
Source
Laws 1915, c. 248, § 10, p. 572;
C.S.1922, § 9104;
C.S.1929, § 20-1634;
R.S.1943, § 25-1634;
Laws 1953, c. 72, § 13(2), p. 235;
Laws 1965, c. 124, § 1, p. 461;
R.S.1943, (2016), § 25-1634.01;
Laws 2020, LB387, § 24.
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-1668 - Grand jury; potential jurors; how and when drawn; juror qualification form.

25-1668.
Grand jury; potential jurors; how and when drawn; juror qualification form.
(1) Unless the judge or judges order that no grand jury be drawn, after creating the master key list under section 25-1654, the jury commissioner shall draw potential jurors from the master key list for service on grand juries for the jury term in the manner and number provided in this section or as the judge or judges otherwise direct. In drawing names, the jury commissioner may use a manual jury selection process or a jury management system.
(2) If the judge or judges initially order that no grand jury be drawn, such judge or judges may at any time thereafter order the drawing of a grand jury.
(3) The jury commissioner shall draw such number of potential jurors for grand jury service:
(a) As the jury commissioner deems necessary to arrive at a list of eighty persons who possess the qualifications of jurors set forth in section 25-1650; or
(b) As the judge or judges may otherwise direct.
(4)(a) If the jury commissioner uses the two-step qualifying and summoning system, he or she shall deliver to each potential juror a juror qualification form pursuant to section 25-1657.
(b) If the jury commissioner uses the one-step qualifying and summoning system, he or she shall deliver to each potential juror a juror qualification form pursuant to section 25-1657 and shall serve the potential juror with a summons pursuant to section 25-1660.
Source
Laws 2020, LB387, § 25.
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-1669 - Grand jury; how drawn; alternate jurors.

25-1669.
Grand jury; how drawn; alternate jurors.
(1) When the law requires that a grand jury be empaneled or when ordered by the judge or judges, the jury commissioner shall draw grand jurors pursuant to this section.
(2) The jury commissioner shall draw by chance forty names, or such other number as directed by the judge or judges, of persons the jury commissioner has investigated and determined to be qualified pursuant to section 25-1668. The jury commissioner shall then prepare a list of such names. Such list shall also contain the place of residence and occupation of each person on the list.
(3) The jury commissioner shall notify or summon persons selected under subsection (2) of this section as directed by the judge or judges.
(4) The list of names drawn pursuant to subsection (2) of this section shall then be turned over by the jury commissioner to a board to consist of the jury commissioner, the presiding judge of the district court, and one other person whom the presiding judge shall designate. The presiding judge shall be the chairperson. Such board shall select from such list the names of sixteen persons to serve as grand jurors and the names of three additional persons to serve as alternate jurors.
(5) The alternate jurors shall sit with the grand jury and participate in all investigative proceedings to the same extent as the regular grand jurors. Alternate grand jurors shall be permitted to question witnesses, review evidence, and participate in all discussions of the grand jury which occur prior to the conclusion of presentation of evidence. When the grand jury has determined that no additional evidence is necessary for its investigation, the alternate grand jurors shall be separated from the regular grand jurors and shall not participate in any further discussions, deliberations, or voting of the grand jury unless one or more of the regular grand jurors is or are excused because of illness or other sufficient reason. Such alternate jurors shall fill vacancies in the order of their selection.
Source
Laws 1915, c. 248, § 9, p. 572;
Laws 1921, c. 113, § 1, p. 393;
C.S.1922, § 9103;
C.S.1929, § 20-1633;
Laws 1939, c. 18, § 17, p. 108;
C.S.Supp.,1941, § 20-1633;
R.S.1943, § 25-1633;
Laws 1953, c. 72, § 12(1), p. 232;
Laws 1999, LB 72, § 1;
R.S.1943, (2016), § 25-1633;
Laws 2020, LB387, § 26.
Annotations
In selection of grand jury, names can be drawn from more than one panel. State v. Abboud, 181 Neb. 84, 147 N.W.2d 152 (1966).
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-1670 - Juror; serve; limitations.

25-1670.
Juror; serve; limitations.
In any five-year period no person shall be required to:
(1) Serve as a petit juror for more than four calendar weeks, except if necessary to complete service in a particular case;
(2) Serve on more than one grand jury; or
(3) Serve as both a grand and petit juror.
Source
Laws 1979, LB 234, § 16;
Laws 1980, LB 733, § 3;
R.S.1943, (2016), § 25-1639;
Laws 2020, LB387, § 27.
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-1671 - County court; advance jury selection; when authorized.

25-1671.
County court; advance jury selection; when authorized.
All parties to an action which is filed with a county court of this state may agree that the jury may be selected up to thirty-one days prior to the date of trial. The stipulation must be unanimous among all parties and evidenced by a joint stipulation to the court.
Source
Laws 1996, LB 1249, § 1;
R.S.1943, (2016), § 25-1631;
Laws 2020, LB387, § 28.
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-1672 - Jury trial; notice to jury commissioner; waiver.

25-1672.
Jury trial; notice to jury commissioner; waiver.
The clerk magistrate shall provide written notice of a jury trial to the jury commissioner not less than thirty days prior to trial. The notice shall set forth the number of petit jurors to be summoned and the day and hour the petit jurors are to appear before the court. The requirements of this section may be waived upon an agreement between the jury commissioner and the clerk magistrate or judicial administrator.
Source
Laws 2020, LB387, § 29.
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-1673 - Jurors; disclosing names; when permissible; penalty; access to juror qualification forms.

25-1673.
Jurors; disclosing names; when permissible; penalty; access to juror qualification forms.
(1) It shall be unlawful for a jury commissioner, any clerk or deputy thereof, or any person who may obtain access to any record showing the names of persons drawn to serve as grand or petit jurors to disclose to any person, except to other officers in carrying out official duties or as provided in the Jury Selection Act, the name of any person so drawn or to permit any person to examine such record or to make a list of such names, except under order of the court. The application for such an order shall be filed in the form of a motion in the office of the clerk of the district court, containing the signature and residence of the applicant or his or her attorney and stating all the grounds on which the request for such order is based. Such order shall not be made except for good cause shown in open court and it shall be spread upon the record of the court. Any person violating any of the provisions of this section shall be guilty of a Class IV felony. Notwithstanding the foregoing provisions of this section, the judge or judges in any district may, in his, her, or their discretion, provide by express order for the disclosure of the names of persons drawn for actual service as grand or petit jurors.
(2) Notwithstanding subsection (1) of this section, the Supreme Court or an agent of the Supreme Court acting under the direction and supervision of the Chief Justice shall have access to juror qualification forms for research purposes. The Supreme Court and its agent shall treat such information as confidential, and nothing identifying any individual shall be released.
Source
Laws 1915, c. 248, § 11, p. 573;
C.S.1922, § 9105;
C.S.1929, § 20-1635;
R.S.1943, § 25-1635;
Laws 1949, c. 56, § 1, p. 167;
Laws 1953, c. 72, § 14, p. 235;
Laws 1977, LB 40, § 102;
Laws 2005, LB 105, § 2;
Laws 2018, LB193, § 31;
R.S.Supp.,2018, § 25-1635;
Laws 2020, LB387, § 30.
Annotations
Absent a reasonable ground for investigating jury misconduct or corruption, a party cannot use posttrial interviews with jurors as a "fishing expedition" to find some reason to attack a verdict. Golnick v. Callender, 290 Neb. 395, 860 N.W.2d 180 (2015).
Because there is no constitutional right to obtain information about a jury's deliberations, a court's discretion under this section to disclose juror information for good cause shown after a verdict should be tempered by the restrictions imposed under section 27-606(2). Golnick v. Callender, 290 Neb. 395, 860 N.W.2d 180 (2015).
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-1674 - Employee; penalized due to jury service; prohibited; penalty.

25-1674.
Employee; penalized due to jury service; prohibited; penalty.
Any person who is summoned to serve on jury duty shall not be subject to discharge from employment, loss of pay, loss of sick leave, loss of vacation time, or any other form of penalty as a result of his or her absence from employment due to such jury duty upon giving reasonable notice to his or her employer of such summons. Any person who is summoned to serve on jury duty shall be excused upon request from any shift work for those days required to serve as a juror without loss of pay. No employer shall subject an employee to discharge, loss of pay, loss of sick leave, loss of vacation time, or any other form of penalty on account of his or her absence from employment by reason of jury duty, except that an employer may reduce the pay of an employee by an amount equal to any compensation, other than expenses, paid by the court for jury duty. Any person violating this section shall be guilty of a Class IV misdemeanor.
Source
Laws 1979, LB 234, § 17;
Laws 1980, LB 733, § 4;
R.S.1943, (2016), § 25-1640;
Laws 2020, LB387, § 31.
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-1675 - Act; neglect or failure by officers; contempt of court.

25-1675.
Act; neglect or failure by officers; contempt of court.
If any jury commissioner or deputy jury commissioner, sheriff or deputy sheriff, or person having charge of election records neglects or fails to perform the duties imposed by the Jury Selection Act, the person so offending shall be guilty of contempt of court.
Source
R.S.1867, Code § 667, p. 511;
R.S.1913, § 8146;
C.S.1922, § 9081;
C.S.1929, § 20-1611;
R.S.1943, § 25-1611;
Laws 1953, c. 72, § 5, p. 226;
Laws 1979, LB 234, § 5;
R.S.1943, (2016), § 25-1611;
Laws 2020, LB387, § 32.
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-1676 - Jury list; tampering; solicitation; penalty.

25-1676.
Jury list; tampering; solicitation; penalty.
If any person places a name or asks to have a name placed on any list of potential jurors for service on any grand or petit jury in a manner not authorized by the Jury Selection Act, such person shall be guilty of a Class IV felony.
Source
Laws 1915, c. 248, § 6, p. 570;
C.S.1922, § 1900;
C.S.1929, § 20-1630;
Laws 1939, c. 18, § 15, p. 107;
C.S.Supp.,1941, § 20-1630;
R.S.1943, § 25-1630;
Laws 1977, LB 40, § 101;
R.S.1943, (2016), § 25-1630;
Laws 2020, LB387, § 33.
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-1677 - Packing juries; solicitation of jury service; penalties.

25-1677.
Packing juries; solicitation of jury service; penalties.
(1) If a sheriff or other officer corruptly or through favor or ill will summons a juror with the intent that such juror shall find a verdict for or against either party, or summons a grand juror from like motives with the intent that such grand juror shall or shall not find an indictment or presentment against any particular individual, the sheriff or other officer shall be fined not exceeding five hundred dollars, shall forfeit his or her office, and shall be forever disqualified from holding any office in this state.
(2) Any person who seeks the position of juror or who asks any attorney or other officer of the court or any other person or officer in any manner charged with the duty of selecting the jury to secure or procure his or her selection as a juror shall be guilty of contempt of court, shall be fined not exceeding twenty dollars, and shall thereby be disqualified from serving as a juror for that jury term.
(3) Any attorney or party to a suit pending for trial at that jury term who requests or solicits the placing of any person upon a jury, or upon any list of potential jurors for service on any grand or petit jury, shall be guilty of contempt of court and be fined not exceeding one hundred dollars, and the person so sought to be put upon the jury or list shall be disqualified to serve as a juror for that jury term.
Source
R.S.1867, Code § 668, p. 512;
Laws 1901, c. 83, § 2, p. 477;
R.S.1913, § 8147;
C.S.1922, § 9082;
C.S.1929, § 20-1612;
R.S.1943, § 25-1612;
R.S.1943, (2016), § 25-1612;
Laws 2020, LB387, § 34.
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-1705 - Security for costs; judgment against surety upon motion; satisfaction.

25-1705.
Security for costs; judgment against surety upon motion; satisfaction.
After final judgment has been rendered in an action in which security for costs has been given, as required by this chapter, the court, on motion of any person having a right to such costs, or any part thereof, after ten days' notice of such motion, may enter judgment against the surety for the amount of the costs or so much thereof as may be unpaid. Executions may be issued on such judgment, as in other cases, for the use and benefit of the persons entitled to such costs. In the event that a cash bond has been given, the court shall, on motion of any person having a right to such costs, or any part thereof, after ten days' notice of such motion, enter judgment for the amount of costs or so much thereof as may be unpaid, and shall proceed to pay the same from the cash bond; and any surplus remaining after such costs have been paid and satisfied shall be returned to the party who posted the cash bond.
Source
R.S.1867, Code § 616, p. 503;
R.S.1913, § 8164;
C.S.1922, c. 150, § 1, p. 321;
C.S.1922, § 9115;
C.S.1929, § 20-1705;
R.S.1943, § 25-1705;
Laws 2001, LB 489, § 8.
Annotations
Section is not applicable to cost bond of appellant required by rule of Supreme Court. Dunn v. Bozarth, 64 Neb. 862, 90 N.W. 954 (1902).
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-1706 - Costs upon disclaimer.

25-1706.
Costs upon disclaimer.
Where defendants disclaim having any title or interest in land or other property, the subject matter of the action, they shall recover their costs unless for special reasons the court decides otherwise.
Source
R.S.1867, Code § 618, p. 504;
R.S.1913, § 8165;
C.S.1922, § 9116;
C.S.1929, § 20-1706;
R.S.1943, § 25-1706.
Annotations
This section is declaratory of equity rule; court has discretion. Fowler v. Brown, 51 Neb. 414, 71 N.W. 54 (1897).
In action on official bond of state officers, state law governs in federal court; surety is liable where sheriff made arrest in conformity with duty under state law but used excessive force. Bassinger v. United States Fidelity & Guaranty Co., 58 F.2d 573 (8th Cir. 1932).
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-1707 - Costs on motions, continuances, and amendments.

25-1707.
Costs on motions, continuances, and amendments.
Unless otherwise provided by statute, the costs of motions, continuances, amendments, and the like, shall be taxed and paid as the court in its discretion may direct.
Source
R.S.1867, Code § 619, p. 504;
R.S.1913, § 8166;
C.S.1922, § 9117;
C.S.1929, § 20-1707;
R.S.1943, § 25-1707.
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-1710 - Defendant's costs; when allowed.

25-1710.
Defendant's costs; when allowed.
Costs shall be allowed of course to any defendant upon a judgment in his favor in the actions mentioned in section 25-1708.
Source
R.S.1867, Code § 622, p. 504;
R.S.1913, § 8169;
C.S.1922, § 9120;
C.S.1929, § 20-1710;
R.S.1943, § 25-1710.
Annotations
Section recognizes common law precept. Keller v. State, 184 Neb. 853, 172 N.W.2d 782 (1969).
Defendant is ordinarily entitled to recover costs upon a judgment in his favor. Rehn v. Bingaman, 152 Neb. 171, 40 N.W.2d 673 (1950).
Successful party should be allowed costs as of course, where no reason appears why general rule should not be followed. Tobas v. Mutual Building & Loan Assn., 147 Neb. 676, 24 N.W.2d 870 (1946).
Defendant is not entitled to costs paid by him in order to obtain a change of venue. Moss v. Lindsey, 62 Neb. 829, 88 N.W. 119 (1901).
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-1712 - Successive actions against joinable parties; limit to recovery by plaintiff.

25-1712.
Successive actions against joinable parties; limit to recovery by plaintiff.
Where several actions are brought on one bill of exchange, promissory note, or other obligation or instrument in writing, against several parties, who might have been joined as defendants in the same action, no costs shall be recovered by the plaintiff in more than one of such actions, if the parties proceeded against in the other actions were, at the commencement of the previous action, openly within the state.
Source
R.S.1867, Code § 624, p. 504;
R.S.1913, § 8171;
C.S.1922, § 9122;
C.S.1929, § 20-1712;
R.S.1943, § 25-1712.
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-1713 - Sheriff's fees; summons issued out of county; return.

25-1713.
Sheriff's fees; summons issued out of county; return.
When a summons is issued to another county than that in which the action or proceeding is pending, it may be returned by mail, and the sheriff shall be entitled to the same fees as if the summons had issued in the county of which he is sheriff.
Source
R.S.1867, Code § 625, p. 505;
R.S.1913, § 8172;
C.S.1922, § 9123;
C.S.1929, § 20-1713;
R.S.1943, § 25-1713.
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-1714 - Application for postponement of trial; condition.

25-1714.
Application for postponement of trial; condition.
When an application shall be made to a court of record to postpone a trial, the payment to the adverse party of a sum not exceeding ten dollars, besides the costs of the term, may in the discretion of the judges be imposed as a condition of granting the postponement.
Source
Laws 1875, § 1, p. 63;
R.S.1913, § 8173;
C.S.1922, § 9124;
C.S.1929, § 20-1714;
R.S.1943, § 25-1714.
Annotations
Awarding costs is discretionary with court. Coombs v. Brenklander, 29 Neb. 586, 45 N.W. 929 (1890).
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-1715 - Costs on motion; limit; how taxed.

25-1715.
Costs on motion; limit; how taxed.
Costs may be allowed on a motion, in the discretion of the court or judge, not exceeding ten dollars, which shall be absolute against the losing party on such motion, except that this provision shall not apply to verbal motions during the course of the trial.
Source
Laws 1875, § 2, p. 63;
R.S.1913, § 8174;
C.S.1922, § 9125;
C.S.1929, § 20-1715;
R.S.1943, § 25-1715;
Laws 2002, LB 876, § 27.
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-1716 - Unpaid costs; lien; terminates.

25-1716.
Unpaid costs; lien; terminates.
The judgment for unpaid court costs in any court of this state shall cease to be a lien on real estate unless action has been brought thereon within (1) five years after the latest partial payment has been made thereon, or (2) five years after such case becomes inactive or is closed by final judgment. The lien of any unpaid costs as of February 20, 1974, which would otherwise be terminated by this section shall continue for one year from such date at which time it shall terminate unless an action has been brought thereon within such year.
Source
Laws 1974, LB 666, § 1.
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-1717 - Bond for cost, appeal, supersedeas, injunction, or attachment; county and employees; exemption.

25-1717.
Bond for cost, appeal, supersedeas, injunction, or attachment; county and employees; exemption.
No bond for cost, appeal, supersedeas, injunction, or attachment shall be required of any county or of any officer, board, head of any board, department, head of any department, commission, head of any commission, agent, or employee of any county in any proceeding or court action in which the county or any officer, board, head of any board, department, head of any department, commission, head of any commission, agent, or employee of the county is a party litigant in its, his, or her official capacity.
Source
Laws 1989, LB 556, § 1.
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-1802 - Award of fees and expenses against state; terms, defined.

25-1802.
Award of fees and expenses against state; terms, defined.
For purposes of sections 25-1802 to 25-1807, unless the context otherwise requires:
(1) Fees and other expenses shall mean reasonable attorney's fees and the reasonable expense of expert witnesses plus court costs, but shall not include any portion of an attorney's fee or salary paid by a unit of local, state, or federal government in the case;
(2) State shall mean the State of Nebraska, a state agency, or any official of the state acting in his or her official capacity; and
(3) State agency shall mean any state constitutional office, any state administrative department, or any state board or commission established by an act of the Legislature.
Source
Laws 1982, LB 192, § 1;
Laws 1994, LB 855, § 1.
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-1804 - Award of fees and expenses against state; conditions; application.

25-1804.
Award of fees and expenses against state; conditions; application.
(1) A party seeking an award for fees and other expenses pursuant to sections 25-1802 to 25-1807 shall, not later than thirty days after the entry of the final judgment in the action, submit to the court an application which provides evidence of eligibility for an award pursuant to such sections and which specifies the amount sought. If the amount sought includes an attorney's fee or the fee for an expert witness, the application shall include an itemized statement for each such fee indicating the actual time expended in service to the applicant and the rate at which the fees were computed.
(2) Notwithstanding any other provision of such sections, fees and other expenses shall be awarded as provided in such sections only to those prevailing parties who are:
(a) Natural persons; or
(b) A sole proprietorship, partnership, limited liability company, corporation, association, or public or private organization:
(i) That had an average daily employment of fifty persons or less for the twelve months preceding the filing of such action; and
(ii) Whose gross receipts for the twelve-month period preceding the filing of the action was two million dollars or less or whose average gross receipts for the three twelve-month periods preceding the filing of such appeal pursuant to the Administrative Procedure Act was two million dollars or less, whichever amount is greater.
Source
Laws 1982, LB 192, § 3;
Laws 1993, LB 121, § 172;
Laws 2000, LB 921, § 14.
Cross References
Administrative Procedure Act, see section 84-920.
Annotations
Attorney fees may be awarded under this section only in legal and administrative proceedings initiated after July 17, 1982. Drinkwine v. Flebbe, 219 Neb. 291, 363 N.W.2d 152 (1985).
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-1805 - Award of fees and expenses against state; additional to compensation.

25-1805.
Award of fees and expenses against state; additional to compensation.
Fees and expenses awarded pursuant to sections 25-1802 to 25-1807 may be ordered in addition to any compensation awarded in a judgment.
Source
Laws 1982, LB 192, § 4.
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-1806 - Award of fees and expenses against state; how paid.

25-1806.
Award of fees and expenses against state; how paid.
Fees and expenses awarded by a federal court or pursuant to sections 25-1802 to 25-1805 shall be paid in the manner provided in the State Miscellaneous Claims Act. Claims for such fees and expenses shall be filed with the State Claims Board in the manner provided in such act.
Source
Laws 1982, LB 192, § 5;
Laws 1988, LB 864, § 6.
Cross References
State Miscellaneous Claims Act, see section 81-8,294.
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-1807 - Award of fees and expenses against state; proceedings to which applicable.

25-1807.
Award of fees and expenses against state; proceedings to which applicable.
Sections 25-1802 to 25-1807 shall apply only to legal and administrative proceedings initiated after July 17, 1982.
Source
Laws 1982, LB 192, § 6.
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-1808 - Actions between state agencies, boards, commissions, constitutional officers, and members of the Legislature; costs awarded; when.

25-1808.
Actions between state agencies, boards, commissions, constitutional officers, and members of the Legislature; costs awarded; when.
Notwithstanding sections 25-1803, 25-21,210, 81-8,228, and 84-216, whenever a state agency, board, commission, or constitutional officer, any person acting in behalf of the agency, board, commission, or constitutional officer, or the Legislature brings a legal action or proceeding against another agency, board, commission, or constitutional officer or the Legislature, and fails to substantially prevail in the action or proceeding, as determined by the court, the party against whom the action is brought shall be awarded fees and other expenses incident to the action or proceeding by the court. Fees and expenses that shall be awarded include reasonable attorney's fees, reasonable expert witness fees, and court costs. If the Attorney General represented the agency, board, commission, constitutional officer, or Legislature, he or she shall prepare a billing of the services provided by his or her office, and the amount billed less any reduction made by the court shall be paid to the Legal Services Fund. The agency, board, commission, constitutional officer, or Legislature responsible for the payment of fees and expenses pursuant to this section shall make payment from funds appropriated to the agency, board, commission, constitutional officer, or Legislature unless a special fund or appropriation has been made for such purpose by the Legislature.
Source
Laws 1993, LB 781, § 1.
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-1809 - Legal Services Fund; created; use; transfers.

25-1809.
Legal Services Fund; created; use; transfers.
There is hereby created the Legal Services Fund to be administered by the Director of Administrative Services. All money received by the Attorney General or directed to be deposited in the fund by any state agency, board, commission, or constitutional officer or the Legislature pursuant to section 25-1808 shall be deposited into the fund. At the end of each fiscal year, the director shall transfer from the fund into the budget of the appropriate state agency, board, commission, or constitutional office or the Legislature those fees and expenses that have been awarded by the court. In those instances when the Attorney General has billed a state agency, board, commission, or constitutional officer or the Legislature, the money awarded shall be appropriated to the budget of the Attorney General. The director shall electronically submit a summary of such transfers to the Legislature at the end of each fiscal year.
Source
Laws 1993, LB 781, § 2;
Laws 2012, LB782, § 28.
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-1810 - Civil action or proceeding; appeal; award of attorney's fees by appellate court, when.

25-1810.
Civil action or proceeding; appeal; award of attorney's fees by appellate court, when.
A statute that authorizes the award of attorney's fees to a party in a civil action or proceeding also authorizes an appellate court to award attorney's fees if the party prevails on an appeal from a judgment or order in the action or proceeding. This section does not apply if another section of law specifically authorizes or prohibits the award of attorney's fees on an appeal from such a judgment or order.
Source
Laws 2023, LB157, § 1.
Operative Date: September 2, 2023
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-1904 - Summons in error; praecipe; service; return; fees.

25-1904.
Summons in error; praecipe; service; return; fees.
The summons mentioned in section 25-1903 shall, upon the written praecipe of the plaintiff in error, or his attorney, be issued by the clerk of the court in which the petition is filed, to the sheriff of any county in which the defendant in error or his attorney of record may be; and if the writ issue to a foreign county, the sheriff thereof may return the same by mail to the clerk, and shall be entitled to the same fees as if the same had been returnable to the district court of the county in which said officer resides. The defendant in error, or his attorney, may waive in writing the issuing or service of the summons.
Source
R.S.1867, Code § 585, p. 497;
R.S.1913, § 8178;
C.S.1922, § 9130;
C.S.1929, § 20-1904;
R.S.1943, § 25-1904.
Annotations
Omission of words "in error" from summons was a noncompliance with a directory provision. Campbell v. City of Ogallala, 178 Neb. 663, 134 N.W.2d 597 (1965).
Summons is required to be issued upon praecipe of petitioner. Dovel v. School Dist. No. 23 of Otoe County, 166 Neb. 548, 90 N.W.2d 58 (1958).
Summons may be served on attorney of record. Clausen v. School Dist. No. 33 of Lincoln County, 164 Neb. 78, 81 N.W.2d 822 (1957).
Waiver is of no effect until petition and transcript are filed, and void if proceedings are commenced after death of client. Ritchey v. Seeley, 68 Neb. 120, 93 N.W. 977 (1903), motion to dismiss granted, 60 Neb. 127, 94 N.W. 972 (1903), affirmed on rehearing 60 Neb. 129, 97 N.W. 818 (1903).
Attorney of record at time of trial may waive summons. Dakota County v. Bartlett, 67 Neb. 62, 93 N.W. 192 (1903).
If petition and transcript are filed before death, summons may be served upon attorney of record. Link v. Reeves, 63 Neb. 424, 88 N.W. 670 (1902).
An appeal from a special assessment by a metropolitan‑class city taken as specified in section 14‑813 means that proceedings from a district court shall be the same as an appeal from a county board, and under this section, that means appeal is taken by petition in error and the review is solely of the record made before the tribunal whose action is being reviewed. Jackson v. Board of Equal. of City of Omaha, 10 Neb. App. 330, 630 N.W.2d 680 (2001).
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-1906 - Proceedings in error; transcript; how obtained.

25-1906.
Proceedings in error; transcript; how obtained.
Judges of judicial tribunals having no clerk, and clerks of every court of record, shall upon request and being paid the lawful fees therefor, furnish an authenticated transcript of the proceedings, containing the judgment or final order of such courts, to either of the parties to the same, or to any person interested in procuring such transcript.
Source
R.S.1867, Code § 587, p. 497;
R.S.1913, § 8180;
C.S.1922, § 9132;
C.S.1929, § 20-1906;
R.S.1943, § 25-1906;
Laws 1972, LB 1032, § 137.
Annotations
The provision requiring plaintiff in error to file with his petition an authenticated transcript containing final order is jurisdictional and mandatory. Downer v. Ihms, 192 Neb. 594, 223 N.W.2d 148 (1974).
The filing by plaintiff in error of authenticated copy of proceedings containing final order to be reviewed is jurisdictional and mandatory. Lanc v. Douglas County Welfare Administration, 189 Neb. 651, 204 N.W.2d 387 (1973).
County superintendent not required to file a transcript anywhere; must only furnish upon request when paid lawful fees. Lemburg v. Nielsen, 182 Neb. 747, 157 N.W.2d 381 (1968).
Authenticated transcript was furnished. Ostler v. City of Omaha, 179 Neb. 515, 138 N.W.2d 826 (1965).
Authenticated transcript is required and filing of original papers is not sufficient. Anania v. City of Omaha, 170 Neb. 160, 102 N.W.2d 49 (1960).
County superintendent of schools who presides at hearing may authenticate transcript. School Dist. No. 49 of Merrick County v. Kreidler, 165 Neb. 761, 87 N.W.2d 429 (1958).
Attorney in fact for defeated party may demand transcript of justice judgment. State ex rel. Newby v. Ellsworth, 61 Neb. 444, 85 N.W. 439 (1901).
An appeal from a special assessment by a metropolitan‑class city taken as specified in section 14‑813 means that proceedings from a district court shall be the same as an appeal from a county board, and under this section, that means appeal is taken by petition in error and the review is solely of the record made before the tribunal whose action is being reviewed. Jackson v. Board of Equal. of City of Omaha, 10 Neb. App. 330, 630 N.W.2d 680 (2001).
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-1907 - Proceedings in error; effect; supersedeas bond.

25-1907.
Proceedings in error; effect; supersedeas bond.
No proceedings to reverse, vacate, or modify any judgment rendered, or final order made, by any court inferior to the district court shall operate as a stay of execution unless the judge or clerk of the court in which the judgment was rendered or order made shall take and approve a written undertaking to the defendant in error, executed on the part of the plaintiff in error, by one or more sufficient sureties. The undertaking shall be conditioned that the plaintiff will pay all the costs which have accrued or may accrue on such proceedings in error, together with the amount of any judgment that may be rendered against such plaintiff in error, either on the further trial of the case, after the judgment of the court below shall have been set aside or reversed, or upon and after the affirmation thereof in the district court. No proceedings shall operate as a stay of execution on judgments of restitution rendered in actions for the forcible entry and detention, or the forcible detention only, of lands and tenements, unless the undertaking shall be further conditioned for the payment to the defendant in error of all money or sums of money that has or have accrued or may accrue to the defendant from the plaintiff in error for the use, occupation or rent of the lands and tenements in controversy, in case the judgment sought to be reversed shall be affirmed.
Source
R.S.1867, Code § 593, p. 499;
Laws 1871, § 1, p. 110;
R.S.1913, § 8181;
C.S.1922, § 9133;
C.S.1929, § 20-1907;
R.S.1943, § 25-1907;
Laws 1951, c. 71, § 1, p. 227;
Laws 1972, LB 1032, § 138.
Annotations
Supersedeas bond may be filed in district court in proceedings in error from county court to district court. In re Berg's Estate, 139 Neb. 99, 296 N.W. 460 (1941).
Bond is necessary to stay execution but not to obtain review. Welton v. Beltezore, 17 Neb. 399, 23 N.W. 1 (1885).
An appeal from a special assessment by a metropolitan‑class city taken as specified in section 14‑813 means that proceedings from a district court shall be the same as an appeal from a county board, and under this section, that means appeal is taken by petition in error and the review is solely of the record made before the tribunal whose action is being reviewed. Jackson v. Board of Equal. of City of Omaha, 10 Neb. App. 330, 630 N.W.2d 680 (2001).
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-1908 - Proceedings in error; stay of execution; supersedeas bond; approval; endorsement.

25-1908.
Proceedings in error; stay of execution; supersedeas bond; approval; endorsement.
Before the written undertaking mentioned in section 25-1907 shall operate to stay execution of the judgment or order, a petition in error must be filed in the district court, and the execution of the undertaking, and the sufficiency of the sureties must be approved by the judge or clerk of the court in which the judgment was rendered or order made. The judge or clerk of the court shall endorse approval upon the undertaking. The undertaking shall be filed in the court in which the judgment was rendered or order made.
Source
R.S.1867, Code § 590, p. 498;
G.S.1873, c. 57, § 590, p. 630;
R.S.1913, § 8182;
C.S.1922, § 9134;
C.S.1929, § 20-1908;
R.S.1943, § 25-1908;
Laws 1951, c. 71, § 2, p. 227;
Laws 1972, LB 1032, § 139.
Annotations
Supersedeas bond may be filed in district court in proceedings in error from county court to district court. In re Berg's Estate, 139 Neb. 99, 296 N.W. 460 (1941).
Trial court has jurisdiction to vacate or set aside supersedeas bond where surety is insufficient. Bates & Co. v. Stanley, 51 Neb. 252, 70 N.W. 972 (1897).
Bond does not stay judgment until petition in error is filed. Von Dorn v. Mengedoht, 41 Neb. 525, 59 N.W. 800 (1894).
Filing of petition in error is a condition of supersedeas. McDonald v. Bowman, 40 Neb. 269, 58 N.W. 704 (1894).
An appeal from a special assessment by a metropolitan‑class city taken as specified in section 14‑813 means that proceedings from a district court shall be the same as an appeal from a county board, and under this section, that means appeal is taken by petition in error and the review is solely of the record made before the tribunal whose action is being reviewed. Jackson v. Board of Equal. of City of Omaha, 10 Neb. App. 330, 630 N.W.2d 680 (2001).
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-1912.01 - Appellate review; motion for new trial; when required.

25-1912.01.
Appellate review; motion for new trial; when required.
(1) A motion for a new trial shall not be a prerequisite to obtaining appellate review of any issue upon which the ruling of the trial court appears in the record.
(2) When an action has been tried before a jury a motion for a new trial shall not be a prerequisite to obtaining appellate review of the sufficiency of the evidence, but a motion for a new trial shall be a prerequisite to obtaining appellate review of the issue of inadequate or excessive damages.
Source
Laws 1982, LB 720, § 1.
Annotations
Where a party has not made a motion for new trial in the trial court, but argues on appeal that there was insufficient evidence to support the amount of damages awarded at trial, an appellate court will review only the sufficiency of the evidence to support the jury's verdict. First Nat. Bank North Platte v. Cardenas, 299 Neb. 497, 909 N.W.2d 79 (2018).
In order for any question as to the admissibility of evidence to be reviewed on appeal under subsection (1) of this section, the record must show that the objection was brought to the attention of the trial judge and ruled upon. State v. Blair, 227 Neb. 742, 419 N.W.2d 868 (1988).
A motion for a new trial is not a prerequisite to obtain review in most cases, but the timely filing of such a motion will extend the time within which a notice of appeal must be filed to a period of thirty days following the overruling of that motion. In re Interest of C.M.H. and M.S.H., 227 Neb. 446, 418 N.W.2d 226 (1988).
A motion for new trial is not required to obtain appellate review of any issue upon which the ruling of the trial court appears in the record. State v. Wright, 220 Neb. 847, 374 N.W.2d 26 (1985).
The Supreme Court acquires jurisdiction of an equitable appeal when the notice of appeal and docket fee are filed within one month of the judgment. Caro, Inc. v. Roby, 215 Neb. 897, 342 N.W.2d 182 (1983).
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-1913 - Appealed causes; parties; how designated.

25-1913.
Appealed causes; parties; how designated.
The cause shall be docketed in the Court of Appeals or Supreme Court under the same title it had in the district court. The party or parties asking for the reversal, vacation, or modification of such judgment, decree, or final order shall be designated as appellant or appellants, and the adverse party or parties shall be designated as appellee or appellees.
Source
Laws 1907, c. 162, § 2, p. 496;
R.S.1913, § 8187;
C.S.1922, § 9139;
C.S.1929, § 20-1913;
R.S.1943, § 25-1913;
Laws 1991, LB 732, § 53.
Annotations
An intervener against whom a judgment has been rendered may cross-appeal. Kirchner v. Gast, 169 Neb. 404, 100 N.W.2d 65 (1959).
Party designated as appellee may take cross-appeal. Security Investment Co. v. Golz, 151 Neb. 172, 36 N.W.2d 862 (1949).
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-1915 - Appeal; unpaid costs itemized in order; payment.

25-1915.
Appeal; unpaid costs itemized in order; payment.
The order of the Court of Appeals or Supreme Court shall itemize the costs due and unpaid in each case, which costs shall be paid to the clerk of the district court and shall be paid by such clerk to the party adjudged entitled to the same.
Source
Laws 1929, c. 72, § 2, p. 253;
C.S.1929, § 20-1915;
R.S.1943, § 25-1915;
Laws 1991, LB 732, § 55.
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-1917 - Appeal; substitute for undertaking.

25-1917.
Appeal; substitute for undertaking.
Instead of the undertaking prescribed in subdivision (2) of section 25-1916, the conveyance or other instrument may be executed and deposited with the clerk of the court in which the judgment was rendered or order made, to abide the judgment of the appellate court.
Source
R.S.1867, Code § 589, p. 498;
R.S.1913, § 8190;
C.S.1922, § 9142;
C.S.1929, § 20-1917;
R.S.1943, § 25-1917;
Laws 1994, LB 899, § 2.
Annotations
Deposit of order approving consolidation of school districts was not a substitute for supersedeas bond. School Dist. No. 65 of Perkins County v. McQuiston, 163 Neb. 246, 79 N.W.2d 413 (1956).
Where decree of trial court requires execution of a conveyance the appellant may, in lieu of bond, execute the required conveyance and deposit it with the clerk to abide the judgment of the appellate court. Walter v. Gillan, 129 Neb. 514, 262 N.W. 33 (1935).
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-1918 - Appeal; bond; approval; by whom made.

25-1918.
Appeal; bond; approval; by whom made.
Before any bond executed as aforesaid shall operate as a supersedeas, the execution of the same, and the sufficiency of the sureties therein, must be approved by the clerk of the court in which the judgment or decree was rendered or the final order was made.
Source
G.S.1873, c. 57, § 4, p. 717;
R.S.1913, § 8191;
C.S.1922, § 9143;
C.S.1929, § 20-1918;
R.S.1943, § 25-1918.
Annotations
If sureties are responsible, clerk must approve. State ex rel. Beard v. Cook, 51 Neb. 822, 71 N.W. 733 (1897).
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-1920 - Appeal; injunctions; cause advanced, when.

25-1920.
Appeal; injunctions; cause advanced, when.
In all actions in which a temporary injunction has been granted and entered in the district court, which order allowing the temporary injunction is or has been superseded for by law, and in which action the trial court, on the merits, determined that the temporary injunction ought not to have been granted and a permanent injunction was refused in such action, such cause shall be advanced by the Court of Appeals or Supreme Court for hearing. In all such actions, if the relief demanded involves the delivery of irrigation water and the Director of Natural Resources, as defined in section 25-1062.01, is a party, any appeal from the judgment or decree of the district court shall be perfected within thirty days after the entry of such judgment, decree, or final order by the district court, and the cause shall be advanced for hearing before the Court of Appeals or Supreme Court.
Source
Laws 1913, c. 100, § 1, p. 255;
R.S.1913, § 8193;
C.S.1922, § 9145;
C.S.1929, § 20-1920;
Laws 1941, c. 29, § 8, p. 136;
C.S.Supp.,1941, § 20-1920;
R.S.1943, § 25-1920;
Laws 1959, c. 102, § 5, p. 426;
Laws 1961, c. 113, § 2, p. 353;
Laws 1987, LB 33, § 2;
Laws 1991, LB 732, § 58;
Laws 1999, LB 43, § 11;
Laws 2000, LB 900, § 67.