reglab/statecodes huggingface dataset:
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-21,208 - Actions to which state is a party; priority of trial; power to compel attendance of witnesses.

25-21,208.
Actions to which state is a party; priority of trial; power to compel attendance of witnesses.
Civil actions to which the state is a party shall, on motion of counsel on behalf of the state, have priority of trial over other civil actions; and the several district courts having jurisdiction to try actions to which the state is a party shall have power to compel attendance of witnesses, as is now had by such courts in other civil actions, and on payment of fees and mileage at the rate provided in section 81-1176 for state employees by the party desiring their attendance, may compel the attendance of witnesses from any county within the state.
Source
Laws 1877, § 8, p. 21;
R.S.1913, § 1184;
C.S.1922, § 1107;
C.S.1929, § 27-326;
R.S.1943, § 24-326;
Laws 1981, LB 204, § 33;
R.S.1943, (1985), § 24-326.
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-21,209 - Claims against state; fraud in statement or proof; penalty.

25-21,209.
Claims against state; fraud in statement or proof; penalty.
Any person who corruptly practices, or attempts to practice, any fraud against the state in the proof, statement, establishment, or allowance of any claim or cause of action or any part thereof, in the matter out of which the same arose, shall ipso facto forfeit the same to the state; and it shall be the duty of the court in such case to find specifically that fraud was practiced, or attempted to be practiced, and to render judgment of forfeiture, and that the claimant be forever barred from prosecuting the same against the state, and for costs.
Source
Laws 1877, § 9, p. 21;
R.S.1913, § 1185;
C.S.1922, § 1108;
C.S.1929, § 27-327;
R.S.1943, § 24-327;
R.S.1943, (1985), § 24-327.
Annotations
Fraud was not practiced upon state in workmen's compensation case. Dietz v. State, 157 Neb. 324, 59 N.W.2d 587 (1953).
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-21,210 - Actions to which state is a party; fees; how paid and taxed.

25-21,210.
Actions to which state is a party; fees; how paid and taxed.
The fees of the sheriff, the clerk, or other officers, or of witnesses, in claims or suits to which the state is a party, shall be the same, and be paid and taxed in the same manner as in other civil actions in the district courts.
Source
Laws 1877, § 10, p. 22;
R.S.1913, § 1186;
C.S.1922, § 1109;
C.S.1929, § 27-328;
R.S.1943, § 24-328;
R.S.1943, (1985), § 24-328.
Cross References
Payment of docket fee in civil cases, see section 33-106.
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-21,211 - Judgment against state; certify to Director of Administrative Services; payment; insufficient funds.

25-21,211.
Judgment against state; certify to Director of Administrative Services; payment; insufficient funds.
The court by which any judgment is rendered against the state shall certify such judgment to the Director of Administrative Services, who shall pay the same from any special fund or appropriation applicable to such judgment, and if no special fund or appropriation has been provided or made, then from any appropriations made to the department or institution, relating to which the cause of action arose. A certificate of the Director of Administrative Services, or of the chief officer of such department or institution, that the current appropriations will not permit payment of such judgment without great public inconvenience, shall operate as a stay of such judgment until the adjournment of the next regular session of the Legislature. When such stay is claimed or taken, interest shall run on such judgment from the date on which the court certified the judgment to the Director of Administrative Services at the rate set in section 45-103.
Source
Laws 1877, § 12, p. 22;
R.S.1913, § 1188;
C.S.1922, § 1110;
C.S.1929, § 27-329;
R.S.1943, § 24-329;
Laws 1979, LB 3, § 1;
R.S.1943, (1985), § 24-329;
Laws 2004, LB 692, § 1.
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-21,212 - Judgment against claimant; transmitted to other counties; how collected.

25-21,212.
Judgment against claimant; transmitted to other counties; how collected.
In any action in which a judgment is rendered in any sum, or for costs, against the claimant, the clerk of the court in which such judgment is rendered shall make and transmit a certified copy thereof on application of the Attorney General or other counsel on behalf of the state, to the clerk of the district court of any county within the state and the same shall thereupon be filed and recorded in such court and become and be a judgment thereof. All judgments against the claimant or plaintiff shall be collected by execution as other judgments in the district courts.
Source
Laws 1877, § 13, p. 23;
R.S.1913, § 1189;
C.S.1922, § 1111;
C.S.1929, § 27-330;
R.S.1943, § 24-330;
R.S.1943, (1985), § 24-330;
Laws 2018, LB193, § 33.
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-21,213 - Appeals; procedure; notice of appeal by state; effect.

25-21,213.
Appeals; procedure; notice of appeal by state; effect.
Appeals from the several district courts to the Court of Appeals or to the Supreme Court in cases concerning constitutional issues, as in other civil cases, may be taken by either party within the same limitations of time as in other civil actions. No appeal or supersedeas bond shall be required of the state, and the filing of notice signed by the Governor, chief officer of the proper department, Attorney General, or counsel for the state of intention to take such proceedings shall operate as a supersedeas of such judgment until the time that final judgment in the Court of Appeals or Supreme Court is rendered in the cause, but the same shall not so operate longer than six months unless proceedings in error or appeal are taken, and in case of the affirmance of such judgment or failure on the part of the state to take proceedings in error or appeal, after notice thereof, interest shall run and be computed on such judgment from its date.
Source
Laws 1877, § 14, p. 23;
R.S.1913, § 1190;
C.S.1922, § 1112;
C.S.1929, § 27-331;
R.S.1943, § 24-331;
R.S.1943, (1985), § 24-331;
Laws 1991, LB 732, § 68.
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-21,214 - Judgment; payment; effect.

25-21,214.
Judgment; payment; effect.
Payment and receipt of the amount due on any judgment rendered in any action brought under the provisions of sections 25-21,201 to 25-21,215 shall be a full discharge of the state in such matter, and any final judgment shall forever bar further controversy upon the subject matter thereof.
Source
Laws 1877, § 15, p. 23;
R.S.1913, § 1191;
C.S.1922, § 1113;
C.S.1929, § 27-332;
R.S.1943, § 24-332;
R.S.1943, (1985), § 24-332.
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-21,215 - Change of venue; costs.

25-21,215.
Change of venue; costs.
Change of venue may be taken from the district court of the county in which the action is brought, as in other civil cases; and in every such case, all expenses of such trial which would be chargeable to the county in which the suit originated, had the cause been tried therein, as determined by the district judge of the county to which said cause has been transferred, shall be a charge upon the county in which the suit was commenced.
Source
Laws 1877, § 17, p. 24;
R.S.1913, § 1192;
C.S.1922, § 1114;
C.S.1929, § 27-333;
Laws 1935, c. 43, § 2, p. 162;
C.S.Supp.,1941, § 27-333;
R.S.1943, § 24-333;
R.S.1943, (1985), § 24-333.
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-21,216 - Bonds for costs, appeal, supersedeas, injunction, attachment; state or its agencies not required to give.

25-21,216.
Bonds for costs, appeal, supersedeas, injunction, attachment; state or its agencies not required to give.
No bond for costs, appeal, supersedeas, injunction, or attachment shall be required of the State of Nebraska, or of any state officer, state board, state commission, head of any state department, agent or employee of the state, the Director of Banking and Finance as receiver of insolvent state banks, or any receiver appointed on the application of the State of Nebraska, in any proceedings or court action in which said state, officer, board, commission, head of department, agent, or employee is a party litigant in its or his official capacity.
Source
Laws 1930, Spec. Sess., c. 8, § 1, p. 39;
C.S.1929, § 20-2231;
R.S.1943, § 24-334;
Laws 1955, c. 80, § 1, p. 236;
R.S.1943, (1985), § 24-334.
Annotations
State is not required to furnish bond upon granting to it of temporary injunction. State ex rel. Beck v. Associates Discount Corp., 162 Neb. 683, 77 N.W.2d 215 (1956).
Section is applicable to state officers sued in their official capacity. Power Oil Co. v. Cochran, 138 Neb. 827, 295 N.W. 805 (1941).
State or a department thereof, need not give bond on appeal in condemnation proceedings. Peterson v. Department of Roads and Irrigation, 137 Neb. 354, 289 N.W. 370 (1939).
State need not execute appeal bond hereunder. State v. Odd Fellows Hall Assn., 123 Neb. 440, 243 N.W. 616 (1932).
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-21,217 - Judgment against state agency; liability of state.

25-21,217.
Judgment against state agency; liability of state.
If judgment for costs or damages are rendered against any such litigant and such litigant fails, refuses, or neglects to pay the judgment within three months after the date of entry of the judgment, then the State of Nebraska shall be liable for the payment of the judgment and shall pay the same.
Source
Laws 1930, Spec. Sess., c. 8, § 2, p. 39;
C.S.1929, § 20-2232;
R.S.1943, § 24-335;
R.S.1943, (1985), § 24-335;
Laws 2000, LB 921, § 22.
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-21,218 - Bonds or insurance of Director of Banking and Finance as receiver of insolvent banks; premium; payment by state.

25-21,218.
Bonds or insurance of Director of Banking and Finance as receiver of insolvent banks; premium; payment by state.
The State of Nebraska shall pay all premiums on bonds or equivalent commercial insurance policies that the Director of Banking and Finance may be required to give as receiver of insolvent state banks.
Source
Laws 1930, Spec. Sess., c. 8, § 3, p. 39;
C.S.1929, § 20-2233;
R.S.1943, § 24-336;
R.S.1943, (1985), § 24-336;
Laws 2004, LB 884, § 15.
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-21,220 - Forcible entry and detainer; against whom proceedings may be had; provisions not exclusive.

25-21,220.
Forcible entry and detainer; against whom proceedings may be had; provisions not exclusive.
Proceedings under sections 25-21,219 to 25-21,235 may be had:
(1) In all cases against tenants holding over their terms, and a tenant shall be deemed to be holding over his or her term whenever the tenant has failed, neglected, or refused to pay the rent or any part thereof when the rent became due;
(2) In all cases when a tenant has threatened the health or safety of other tenants, the landlord, or the landlord's employees or agents, without the right of the tenant to cure the default;
(3) In all cases of sales of real estate or executions, orders, or other judicial process when the judgment debtor was in possession at the time of the entry of the judgment or decree by virtue of which such sale was made;
(4) In all cases of sale by executors or administrators or guardians and on partition if any of the parties to the partition were in possession at the commencement of the suit after such sales so made on execution or otherwise have been examined by the proper court and the sales adjudged legal; and
(5) In all cases when the defendant is a settler or occupier of lands or tenements, without color of title, and to which the complainant has the right of possession.
This section shall not be construed as limiting the provisions of sections 25-21,219 to 25-21,235.
Source
Laws 1929, c. 82, § 118, p. 309;
C.S.1929, § 22-1202;
R.S.1943, § 26-1,119;
Laws 1972, LB 1032, § 69;
R.S.1943, (1985), § 24-569;
Laws 2000, LB 921, § 23;
Laws 2016, LB221, § 1.
Annotations
An action in forcible entry and detainer will lie against a lessee not in actual physical possession, and pendency of equitable action in district court will not preclude it. Moritz v. S & H Shopping Centers, Inc., 197 Neb. 206, 247 N.W.2d 454 (1976).
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-21,221 - Forcible entry and detainer; notice to leave premises; when and how served.

25-21,221.
Forcible entry and detainer; notice to leave premises; when and how served.
It shall be the duty of the party, desiring to commence an action under sections 25-21,219 to 25-21,235, to notify the adverse party to leave the premises for the possession of which the action is about to be brought. This notice shall be served at least three days before commencing the action by leaving a written copy with such adverse party, or at his usual place of abode, if he cannot be found. Where the defendant or his usual place of abode cannot be found in the county where the premises are located, such notice may be served by leaving such notice at or posting it on the detained premises.
Source
Laws 1929, c. 82, § 120, p. 310;
C.S.1929, § 22-1204;
Laws 1943, c. 48, § 2, p. 199;
R.S.1943, § 26-1,121;
Laws 1972, LB 1032, § 71;
R.S.1943, (1985), § 24-571.
Annotations
The 3‑day notice or "notice to quit" is necessary to obtaining an order of restitution in a forcible entry and detainer action. I. P. Homeowners v. Morrow, 12 Neb. App. 119, 668 N.W.2d 515 (2003).
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-21,222 - Forcible entry and detainer; complaint; contents.

25-21,222.
Forcible entry and detainer; complaint; contents.
The summons shall not issue until the plaintiff shall have filed his complaint in writing which shall particularly describe the premises so entered upon or detained, and shall set forth either an unlawful and forcible entry and detention, or an unlawful and forcible detention after a peaceable or lawful entry of the described premises. The complaint shall be copied into and made a part of the record.
Source
Laws 1929, c. 82, § 121, p. 310;
C.S.1929, § 22-1205;
R.S.1943, § 26-1,122;
Laws 1972, LB 1032, § 72;
R.S.1943, (1985), § 24-572.
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-21,223 - Forcible entry and detainer; summons; service; trial date.

25-21,223.
Forcible entry and detainer; summons; service; trial date.
The summons shall be issued and directed with a copy of the complaint attached to the summons, shall state the cause of the complaint, the time and place of trial of the action for possession, and the answer day for other causes of action, and shall notify the defendant that if he or she fails to appear, judgment shall be entered against him or her. The summons may be served and returned as provided in sections 25-505.01 to 25-516.01, except that the summons shall be served within three days, excluding nonjudicial days, from the date of its issuance and shall be returnable within five days, excluding nonjudicial days, from the date of its issuance. If service cannot be made with reasonable diligence under such sections, service may be made by any person by leaving a copy of the summons at the detained premises and mailing a copy by first-class mail to the defendant's last-known address. The person making the service shall file with the court an affidavit stating with particularity the manner in which he or she made the service and, if service was not made as provided in sections 25-505.01 to 25-516.01, the reasons why service under such sections was unsuccessful. Trial of the action for possession shall be held not less than ten nor more than fourteen days after the date of issuance of the summons.
Source
Laws 1929, c. 82, § 122, p. 310;
C.S.1929, § 22-1206;
R.S.1943, § 26-1,123;
Laws 1972, LB 1032, § 73;
Laws 1989, LB 230, § 1;
R.S.Supp.,1989, § 24-573;
Laws 2002, LB 876, § 52;
Laws 2003, LB 760, § 5;
Laws 2004, LB 1207, § 10.
Annotations
With its accelerated trial procedures, a forcible entry and detainer action is intended to avoid much of the expense and delay incident to the more cumbersome action of ejectment formerly employed at common law. Federal Nat. Mortgage Assn. v. Marcuzzo, 289 Neb. 301, 854 N.W.2d 774 (2014).
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-21,224 - Forcible entry and detainer; failure of defendant to appear; effect.

25-21,224.
Forcible entry and detainer; failure of defendant to appear; effect.
If the defendant does not appear in response to the summons, and it shall have been properly served, the court shall try the cause as though he were present.
Source
Laws 1929, c. 82, § 123, p. 310;
C.S.1929, § 22-1207;
R.S.1943, § 26-1,124;
Laws 1972, LB 1032, § 74;
R.S.1943, (1985), § 24-574.
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-21,225 - Forcible entry and detainer; continuance for more than seven days; undertaking required.

25-21,225.
Forcible entry and detainer; continuance for more than seven days; undertaking required.
No continuance shall be granted for a longer period than seven days, unless upon cause shown to the court of the existence of extraordinary causes and then not unless the defendant applying therefor shall give an undertaking to the adverse party, with good and sufficient surety to be approved by the court, conditioned for the payment of any rents that have or may accrue, and any additional damages that may be sustained by such adverse party by reason of the continuance, if judgment be rendered against the defendant.
Source
Laws 1929, c. 82, § 124, p. 311;
C.S.1929, § 22-1208;
R.S.1943, § 26-1,125;
Laws 1972, LB 1032, § 75;
R.S.1943, (1985), § 24-575.
Annotations
A court should not grant an indefinite continuance in a forcible entry and detainer action, because doing so defeats the speedy nature of the remedy. Federal Nat. Mortgage Assn. v. Marcuzzo, 289 Neb. 301, 854 N.W.2d 774 (2014).
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-21,226 - Forcible entry and detainer; trial without jury; judgment; restitution; costs.

25-21,226.
Forcible entry and detainer; trial without jury; judgment; restitution; costs.
If the suit is not continued or the place of trial changed, or if neither party demands a jury, the court shall try the cause. If, after hearing the evidence, the court shall conclude that the complaint is not true, the court shall enter judgment against the plaintiff for costs. If the court shall find that the complaint is true, judgment shall be entered against the defendant and in favor of the plaintiff for restitution of the premises and costs of suit. If the court shall find that the complaint is true in part, judgment shall be entered for the restitution of such part only, and the costs shall be taxed as the court shall deem just and equitable.
Source
Laws 1929, c. 82, § 125, p. 311;
C.S.1929, § 22-1209;
R.S.1943, § 26-1,126;
Laws 1972, LB 1032, § 76;
R.S.1943, (1985), § 24-576.
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-21,227 - Forcible entry and detainer; trial by jury; verdict.

25-21,227.
Forcible entry and detainer; trial by jury; verdict.
If a jury is demanded by either party, the proceedings shall be in all respects as in other cases. If the jury shall find that the complaint is true, they shall render a general verdict of guilty against the defendant; if not true, then a general verdict of not guilty; if true in part, then a verdict setting forth the facts they find true.
Source
Laws 1929, c. 82, § 126, p. 311;
C.S.1929, § 22-1210;
R.S.1943, § 26-1,127;
Laws 1972, LB 1032, § 77;
R.S.1943, (1985), § 24-577.
Annotations
A forcible entry and detainer action is a civil suit subject to the normal rules of a civil proceeding, including the power of the court to sustain a motion for a directed verdict in favor of either party at the close of all evidence. Otto v. Hongsermeier Farms, 217 Neb. 45, 348 N.W.2d 422 (1984).
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-21,228 - Forcible entry and detainer; verdict; entry; judgment.

25-21,228.
Forcible entry and detainer; verdict; entry; judgment.
The court shall enter the verdict upon the record and shall render such judgment in the action as if the facts authorizing the finding of such verdict had been found to be true by the court.
Source
Laws 1929, c. 82, § 127, p. 311;
C.S.1929, § 22-1211;
R.S.1943, § 26-1,128;
Laws 1972, LB 1032, § 78;
R.S.1943, (1985), § 24-578;
Laws 2018, LB193, § 34.
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-21,229 - Forcible entry and detainer; exceptions.

25-21,229.
Forcible entry and detainer; exceptions.
Exceptions to the opinion of the judge of the court, in cases under sections 25-21,219 to 25-21,235, upon questions of law and evidence, may be taken by either party, whether tried by a jury or otherwise.
Source
Laws 1929, c. 82, § 128, p. 311;
C.S.1929, § 22-1212;
R.S.1943, § 26-1,129;
Laws 1972, LB 1032, § 79;
R.S.1943, (1985), § 24-579.
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-21,230 - Forcible entry and detainer; restitution; writ of execution; form.

25-21,230.
Forcible entry and detainer; restitution; writ of execution; form.
If a judgment of restitution is entered, the court shall, at the request of the plaintiff or the plaintiff's attorney, issue a writ of execution thereon which shall be in the following form as nearly as practicable:
The State of Nebraska, ................ County, ss.
To any Constable or Sheriff of ................ County:
Whereas, in a certain action for the forcible entry and detention, (or the forcible detention, as the case may be) of the following described premises, to wit: .................., lately tried before this court, wherein ................... was plaintiff, and ............. was defendant, judgment was entered on the ....... day of .......... A.D. ........, you therefor are hereby commanded to cause the defendant to be forthwith removed from the premises, and the plaintiff to have restitution of the same; also that you levy of the goods and chattels of the defendant, and make the costs aforesaid, and all accruing costs; and of this writ make legal service and due return. Witness my hand this ...... day of ......... A.D. ......, Clerk of the (County or District) Court.
Source
Laws 1929, c. 82, § 129, p. 312;
C.S.1929, § 22-1213;
R.S.1943, § 26-1,130;
Laws 1972, LB 1032, § 80;
R.S.1943, (1985), § 24-580;
Laws 2000, LB 921, § 24;
Laws 2004, LB 1207, § 11.
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-21,231 - Forcible entry and detainer; writ of execution; service; writ of error stays proceedings.

25-21,231.
Forcible entry and detainer; writ of execution; service; writ of error stays proceedings.
The officer shall, within ten days after receiving the writ, execute the same by restoring the plaintiff to the possession of the premises, and shall levy and collect the costs, and make return as upon other executions. If the officer shall receive a notice from the court that the proceedings have been stayed by an allowance of a writ of error, he shall immediately delay all further proceedings upon the execution; and if the premises have been restored to the plaintiff, he shall immediately place the defendant in the possession thereof, and return the writ, with his proceedings and costs taxed thereon.
Source
Laws 1929, c. 82, § 130, p. 312;
C.S.1929, § 22-1214;
R.S.1943, § 26-1,131;
Laws 1972, LB 1032, § 81;
R.S.1943, (1985), § 24-581.
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-21,232 - Forcible entry and detainer; judgment; future action not barred.

25-21,232.
Forcible entry and detainer; judgment; future action not barred.
Judgments obtained under sections 25-21,219 to 25-21,235 shall not be a bar to any future action brought by either party.
Source
Laws 1929, c. 82, § 119, p. 310;
C.S.1929, § 22-1203;
R.S.1943, § 26-1,120;
Laws 1972, LB 1032, § 70;
R.S.1943, (1985), § 24-570;
Laws 2004, LB 1207, § 12.
Annotations
Forcible entry and detainer does not try the question of title, but only the immediate right of possession. An action of forcible entry and detainer is res judicata only as to the immediate right. Hogan v. Pelton, 210 Neb. 530, 315 N.W.2d 644 (1982).
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-21,233 - Forcible entry and detainer; appeal; procedure.

25-21,233.
Forcible entry and detainer; appeal; procedure.
Any party against whom judgment has been entered in an action of forcible entry and detention, or forcible detention only, of real property, may appeal as provided for in a civil action.
Source
Laws 1929, c. 82, § 131, p. 312;
C.S.1929, § 22-1215;
R.S.1943, § 26-1,132;
Laws 1972, LB 1032, § 82;
Laws 1981, LB 42, § 13;
R.S.1943, (1985), § 24-582;
Laws 2004, LB 1207, § 13.
Annotations
In an action for forcible entry and detainer, the plain language of this section does not allow an immediate appeal of an order of restitution when the order implicates section 25-1315, meaning the order adjudicates fewer than all claims for relief or the rights and liabilities of fewer than all the parties, without being certified pursuant to section 25-1315(1). TDP Phase One v. The Club at the Yard, 307 Neb. 795, 950 N.W.2d 640 (2020).
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-21,234 - Forcible entry and detainer; appeal; operate as supersedeas, when; bond or surety required.

25-21,234.
Forcible entry and detainer; appeal; operate as supersedeas, when; bond or surety required.
No appeal shall operate as a supersedeas unless the appellant, within thirty days after the entry of the judgment, deposits with the clerk of the court in which the judgment was entered a cash bond or undertaking with at least one good and sufficient surety approved by the court conditioned in case of appeal by the plaintiff that he or she will satisfy the final judgment and costs and, in case of appeal by the defendant, that he or she will satisfy the final judgment and costs and will pay a reasonable rent for the premises during the time he or she shall have unlawfully withheld the same.
Source
Laws 1929, c. 82, § 132, p. 313;
C.S.1929, § 22-1216;
R.S.1943, § 26-1,133;
Laws 1972, LB 1032, § 83;
Laws 1981, LB 42, § 14;
Laws 1984, LB 13, § 28;
R.S.1943, (1985), § 24-583;
Laws 1999, LB 43, § 13;
Laws 2004, LB 1207, § 14.
Annotations
Trial court had no obligation, under statute permitting correction of clerical mistakes in judgments, to set supersedeas bond pending borrower's appeal from order entered in forcible entry and detainer action, so as to prevent issuance of writ of restitution pending borrower's appeal from judgment entered in forcible entry and detainer action brought by lender who purchased property at trustees' sale after borrower defaulted on deed of trust; rather, it was borrower who should have posted supersedeas bond to prevent writ of restitution from being issued pending appeal. Enterprise Bank v. Knight, 20 Neb. App. 662, 832 N.W.2d 25 (2013).
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-21,235 - Forcible entry and detainer; restitution notwithstanding appeal; bond; conditions.

25-21,235.
Forcible entry and detainer; restitution notwithstanding appeal; bond; conditions.
In all actions of forcible entry and detention as well as of forcible detention only, notwithstanding the execution of an undertaking or filing of a proper cash bond for supersedeas or appeal, the judgment for restitution of the premises may be enforced, in the discretion of the court, or a judge thereof in vacation, upon the execution of a bond with sufficient surety, to defendant, or the deposit of a cash bond in such sum as the court shall fix, conditioned that in case the plaintiff shall finally be defeated he will pay the defendant his costs and all damages he may have suffered by reason of the execution of the judgment, the bond to be approved by the court or judge.
Source
Laws 1929, c. 82, § 133, p. 313;
C.S.1929, § 22-1217;
R.S.1943, § 26-1,134;
Laws 1972, LB 1032, § 84;
R.S.1943, (1985), § 24-584.
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-21,236 - Release of animal; liability to owner.

25-21,236.
Release of animal; liability to owner.
(1) A person who intentionally, willfully, and without permission releases an animal lawfully confined for science, research, commerce, agriculture, or education is liable to the owner of the animal for damages, including the costs of restoring the animal to confinement and to its health condition prior to release and the costs for damage to real property caused by the released animal. If the release causes the failure of an experiment, the person shall also be liable for all costs of repeating the experiment, including replacement of the animals, labor, and materials.
(2) For purposes of this section, animal shall mean any warmblooded or coldblooded animal used in food, fur, or fiber production, agriculture, research, testing, or education and shall include dogs, cats, poultry, fish, and invertebrates.
(3) This section shall not apply to lawful activities of any governmental agency or employees or agents of such agency carrying out their duties prescribed by law.
Source
Laws 1992, LB 312, § 1.
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-21,239 - Leased trucks, truck-tractors, and trailers; liability of owner for damages.

25-21,239.
Leased trucks, truck-tractors, and trailers; liability of owner for damages.
The owner of any truck, truck-tractor, whether with or without trailer, or trailer, leased for a period of less than thirty days or leased for any period of time and used for commercial purposes, shall be jointly and severally liable with the lessee and the operator thereof for any injury to or the death of any person or persons, or damage to or the destruction of any property resulting from the operation thereof in this state, except that the owner shall not be jointly and severally liable if there is in effect at the time the claim arises a valid liability insurance policy with coverage limits in the minimum amount of one million dollars per occurrence which is available to compensate any person with a claim arising out of the operation or use of the leased truck, truck-tractor, or trailer. This section shall not limit or reduce the owner's liability for his or her own acts or omissions which cause damage to any person or when the lessee is a related entity or by reason of any workers' compensation law.
Source
Laws 1957, c. 170, § 1, p. 591;
R.R.S.1943, § 39-7,135;
R.S.1943, (1988), § 39-6,193;
Laws 1993, LB 370, § 7;
Laws 1997, LB 527, § 1.
Annotations
Where the plaintiff's injury resulted from the operation of a truck outside the State of Nebraska, there was no finding of liability under this section. Erickson v. U-Haul Internat., 278 Neb. 18, 767 N.W.2d 765 (2009).
A minivan used primarily as a passenger vehicle is not a truck under this section. Philpot v. Aguglia, 259 Neb. 573, 611 N.W.2d 93 (2000).
This section held inapplicable in workmen's compensation case arising from use of hoist, not the truck. Vangreen v. Interstate Machinery & Supply Co., 197 Neb. 29, 246 N.W.2d 652 (1976).
Section 39-6,193, imposing vicarious liability on owners-lessors of trucks is constitutional. Bridgeford v. U-Haul Co., 195 Neb. 308, 238 N.W.2d 443 (1976) (pursuant to Laws 1993, LB 370, section 7, language from section 39-6,193 was placed in section 25-21,239).
This section, imposing vicarious liability on owners-lessors of trucks for damages by lessees and operators of the leased trucks, is constitutional. Bridgeford v. U-Haul Co., 195 Neb. 308, 238 N.W.2d 443 (1976).
Section did not make lessee of trailer of lessor, and did not impute lessee's negligence to lessor under nonresident motor vehicle statute. Peterson v. U-Haul Co., 409 F.2d 1174 (8th Cir. 1969).
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-21,240 - Claim or action for money damages; limitation.

25-21,240.
Claim or action for money damages; limitation.
No claim or action seeking to recover money damages shall be brought by the Federal Deposit Insurance Corporation, the Resolution Trust Corporation, or any other federal banking regulatory agency against any director or officer, including any former director or officer, of any insured financial depository institution as defined in the Financial Institutions Reform, Recovery, and Enforcement Act of 1989 unless such claim or action arises out of the gross negligence or willful or intentional misconduct of such director or officer during his or her term of office with such insured financial depository institution.
Source
Laws 1993, LB 253, § 1.
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-21,241 - Legislative findings and declarations.

25-21,241.
Legislative findings and declarations.
The Legislature finds and declares that:
(1) It is the policy of the state that the constitutional rights of citizens and organizations to be involved and participate freely in the process of government must be encouraged and safeguarded with great diligence. The information, reports, opinions, claims, arguments, and other expressions provided by citizens are vital to effective law enforcement, the operation of government, the making of public policy and decisions, and the continuation of representative democracy. The laws, courts, and other agencies of this state must provide the utmost protection for the free exercise of these petition, speech, and association rights;
(2) Civil actions for damages have been filed against citizens and organizations of this state as a result of the valid exercise of their constitutional rights to petition, speech, and association. There has been a disturbing increase in such strategic lawsuits against public participation in government;
(3) The threat of strategic lawsuits against public participation, personal liability, and burdensome litigation costs significantly chills and diminishes citizen participation in government, voluntary public service, and the exercise of these important constitutional rights. This abuse of the judicial process can and has been used as a means of intimidating, harassing, or punishing citizens and organizations for involving themselves in public affairs; and
(4) It is in the public interest and it is the purpose of sections 25-21,241 to 25-21,246 to strike a balance between the rights of persons to file lawsuits for injury and the constitutional rights of persons to petition, speech, and association, to protect and encourage public participation in government to the maximum extent permitted by law, to establish an efficient process for identification and adjudication of strategic lawsuits against public participation, and to provide for costs, attorney's fees, and actual damages.
Source
Laws 1994, LB 665, § 1.
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-21,242 - Terms, defined.

25-21,242.
Terms, defined.
For purposes of sections 25-21,241 to 25-21,246:
(1) Action involving public petition and participation shall mean an action, claim, cross-claim, or counterclaim for damages that is brought by a public applicant or permittee and is materially related to any efforts of the defendant to report on, comment on, rule on, challenge, or oppose the application or permission;
(2) Communication shall mean any statement, claim, allegation in a proceeding, decision, protest, writing, argument, contention, or other expression;
(3) Government body shall mean a city, a village, a political subdivision, a state agency, the state, the federal government, or a public authority, board, or commission; and
(4) Public applicant or permittee shall mean any person who has applied for or obtained a permit, zoning change, lease, license, certificate, or other entitlement for use or permission to act from any government body or any person with an interest, connection, or affiliation with such person that is materially related to such application or permission.
Source
Laws 1994, LB 665, § 2.
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-21,243 - Defendant in action involving public petition and participation; action authorized; costs, attorney's fees, and damages; authorized; waiver; section, how construed.

25-21,243.
Defendant in action involving public petition and participation; action authorized; costs, attorney's fees, and damages; authorized; waiver; section, how construed.
(1) A defendant in an action involving public petition and participation may maintain an action, claim, cross-claim, or counterclaim to recover damages, including costs and attorney's fees, from any person who commenced or continued such action. Costs and attorney's fees may be recovered upon a demonstration that the action involving public petition and participation was commenced or continued without a substantial basis in fact and law and could not be supported by a substantial argument for the extension, modification, or reversal of existing law. Other compensatory damages may only be recovered upon an additional demonstration that the action involving public petition and participation was commenced or continued for the purpose of harassing, intimidating, punishing, or otherwise maliciously inhibiting the free exercise of petition, speech, or association rights.
(2) The right to bring an action, claim, cross-claim, or counterclaim under this section may be waived only if it is waived specifically.
(3) Nothing in this section shall affect or preclude the right of any party to any recovery otherwise authorized by common law or by statute, rule, or regulation.
Source
Laws 1994, LB 665, § 3.
Annotations
Under subsection (1) of this section, a trial court must first determine as a matter of law whether the action involving public petition and participation was commenced or continued without a substantial basis in fact and law and could not be supported by a substantial argument for the extension, modification, or reversal of existing law. Sand Livestock Sys. v. Svoboda, 17 Neb. App. 28, 756 N.W.2d 299 (2008).
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-21,244 - Action involving public petition and participation; damages; standard of proof; section, how construed.

25-21,244.
Action involving public petition and participation; damages; standard of proof; section, how construed.
(1) In an action involving public petition and participation, the plaintiff may recover damages, including costs and attorney's fees, only if he or she, in addition to all other necessary elements, has established by clear and convincing evidence that any communication which gives rise to the action was made with knowledge of its falsity or with reckless disregard of whether it was false, if the truth or falsity of such communication is material to the cause of action at issue.
(2) Nothing in this section shall be construed to limit any constitutional, statutory, or common-law protections of defendants to actions involving public petition and participation.
Source
Laws 1994, LB 665, § 4.
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-21,245 - Action involving public petition and participation; motion to dismiss; when granted; duty to expedite.

25-21,245.
Action involving public petition and participation; motion to dismiss; when granted; duty to expedite.
A motion to dismiss based on a failure to state a cause of action shall be granted when the moving party demonstrates that the action, claim, cross-claim, or counterclaim subject to the motion is an action involving public petition and participation unless the party responding to the motion demonstrates that the cause of action has a substantial basis in law or is supported by a substantial argument for an extension, modification, or reversal of existing law. The court shall expedite and grant preference in the hearing of such motion.
Source
Laws 1994, LB 665, § 5.
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-21,246 - Action involving public petition and participation; motion for summary judgment; when granted.

25-21,246.
Action involving public petition and participation; motion for summary judgment; when granted.
A motion for summary judgment shall be granted when the moving party has demonstrated that the action, claim, cross-claim, or counterclaim subject to the motion is an action involving public petition and participation unless the party responding to the motion demonstrates that the action, claim, cross-claim, or counterclaim has a substantial basis in fact and law or is supported by a substantial argument for an extension, modification, or reversal of existing law. The court shall grant preference in the hearing of such motion.
Source
Laws 1994, LB 665, § 6.
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-21,247 - Health care payor or employee; immunity from criminal or civil liability; when.

25-21,247.
Health care payor or employee; immunity from criminal or civil liability; when.
(1) For purposes of this section, health care payor shall include, but not be limited to:
(a) An insurer;
(b) A health maintenance organization;
(c) Medicare or medicaid;
(d) A legal entity which is self-insured and provides health care benefits for its employees; or
(e) A person responsible for administering the payment of health care expenses for another person or entity.
(2) Any health care payor or employee thereof who has reasonable cause to believe that there has been a violation of section 38-178 or 38-179 or a fraudulent insurance act described in the Insurance Fraud Act or section 28-631 may discuss or inquire of other health care payors about such violation or act. Any health care payor or employee so discussing or inquiring or responding to such an inquiry from another health care payor shall be immune from criminal penalty or from civil liability for slander, libel, defamation, or breach of the physician-patient privilege if the discussion, inquiry, or response is made in good faith without reckless disregard for the truth.
Source
Laws 1994, LB 1223, § 131;
Laws 1995, LB 385, § 9;
Laws 2007, LB463, § 1116.
Cross References
Insurance Fraud Act, see section 44-6601.
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-21,248 - Terroristic threats; action authorized.

25-21,248.
Terroristic threats; action authorized.
Any individual, partnership, firm, limited liability company, corporation, company, society, or association, the state or any department, agency, or subdivision thereof, or any other public or private entity aggrieved by the actions of an individual convicted of a violation of section 28-311.01 shall have a cause of action for any loss or damage, including reasonable costs and attorney's fees, resulting from the underlying conduct which was the basis for the conviction.
Source
Laws 1995, LB 371, § 30.
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-21,249 - Equine activities; legislative intent.

25-21,249.
Equine activities; legislative intent.
The Legislature recognizes that persons who participate in equine activities may incur injuries as a result of the risks involved in such activities. The Legislature also finds that the state and its citizens derive numerous economic and personal benefits from such activities. It is, therefor, the intent of the Legislature to encourage equine activities by providing reasonable standards for those involved in such activities.
Source
Laws 1997, LB 153, § 1.
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-21,251 - Equine activities; liability and claims; limitations.

25-21,251.
Equine activities; liability and claims; limitations.
Except as provided in section 25-21,252, (1) an equine activity sponsor, an equine professional, or any other person, which includes a corporation, limited liability company, or partnership, shall not be liable for an injury to or the death of a participant resulting from the inherent risks of equine activities and (2) no participant nor participant's representative shall make any claim against, maintain an action against, or recover from an equine activity sponsor, an equine professional, or any other person for injury, loss, damage, or death of the participant resulting from any of the inherent risks of equine activities.
Source
Laws 1997, LB 153, § 3.
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-21,252 - Equine activities; applicability of other laws; liability enumerated.

25-21,252.
Equine activities; applicability of other laws; liability enumerated.
(1) Sections 25-21,249 to 25-21,253 shall not apply to the horseracing industry as regulated in sections 2-1201 to 2-1229.
(2) Nothing in section 25-21,251 prevents or limits the liability of an equine activity sponsor, an equine professional, or any other person if the equine activity sponsor, equine professional, or person:
(a) Provided the equipment or tack and the equipment or tack caused the injury because the equine activity sponsor or professional failed to reasonably and prudently inspect or maintain the equipment or tack;
(b) Provided the equine and failed to make reasonable and prudent efforts to determine the ability of the participant to engage safely in the equine activity and determine the ability of the participant to safely manage the particular equine based on the participant's representations of his or her ability;
(c) Owns, leases, rents, or otherwise is in lawful possession and control of the land or facilities upon which the participant sustained injuries or death because of a dangerous latent condition which was known or should have been known to the equine activity sponsor, equine professional, or person and for which warning signs were not conspicuously posted;
(d) Commits an act or omission which a reasonable, prudent person would not have done or omitted under the same or similar circumstances or which constitutes willful or wanton disregard for the safety of the participant and that act or omission was a proximate cause of the injury; or
(e) Intentionally injures the participant.
(3) Nothing in section 25-21,251 prevents or limits the liability of an equine activity sponsor or an equine professional under product liability laws.
Source
Laws 1997, LB 153, § 4.
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-21,253 - Equine activities; signs and contracts; requirements.

25-21,253.
Equine activities; signs and contracts; requirements.
(1) Every equine professional shall post and maintain signs which contain the following warning notice:
WARNING
Under Nebraska Law, an equine professional is not liable for an injury to or the death of a participant in equine activities resulting from the inherent risks of equine activities, pursuant to sections 25-21,249 to 25-21,253.
The warning notice signs shall be placed in a clearly visible location on or near stables, corrals, or arenas where the equine professional conducts equine activities if such stables, corrals, or arenas are owned, leased, rented, managed, or controlled by the equine professional. The placement of warning notice signs shall be such that they may be readily seen by participants in equine activities. The warning notice signs shall have black letters with each letter of the word "WARNING" a minimum of three inches in height and the rest of the letters a minimum of one inch in height.
(2) Every written contract entered into by an equine professional for providing professional services, instruction, or rental of equipment or tack or an equine to a participant, whether or not the contract involves equine activities on or off the location or site of the equine professional's business, shall contain in clearly readable print the warning notice specified in subsection (1) of this section.
Source
Laws 1997, LB 153, § 5;
Laws 2002, LB 684, § 1.