reglab/statecodes huggingface dataset:
2023 Nebraska Revised Statutes › Chapter 24 - Courts › 24-809.05 - Judgeship; primary office; relocation of judge authorized; when.

24-809.05.
Judgeship; primary office; relocation of judge authorized; when.
If a final determination of a district or county court judicial vacancy is made, the Supreme Court shall, after consultation with a representative sampling of the lawyers of the judicial district, determine and announce the county where the primary office for the judgeship shall be located. In designating a primary office, the Supreme Court shall locate judges so as to provide maximum service to all areas of the judicial district. If more than one county is acceptable as a primary office, the Supreme Court may so state and may leave the final choice of the location of the primary office to the judge. The Supreme Court may, after consultation with a representative sampling of the lawyers of the judicial district, relocate a district or county court judge within his or her judicial district. The Supreme Court may pay reasonable moving expenses of a judge when so relocated. The principal criterion used by the Supreme Court when designating a primary office and in relocating judges within a judicial district shall be the judicial workload statistics compiled by the State Court Administrator pursuant to section 24-1007.
Source
Laws 1995, LB 189, § 10;
Laws 2004, LB 1207, § 2.
2023 Nebraska Revised Statutes › Chapter 24 - Courts › 24-810.01 - Judicial nominating commission; registration as independent voters; removal from district; change in party registration; effect.

24-810.01.
Judicial nominating commission; registration as independent voters; removal from district; change in party registration; effect.
(1) For purposes of sections 24-801 to 24-812.01, members and prospective members of judicial nominating commissions who are registered as independent voters shall be considered to be members of the same political party.
(2) Removal from the State of Nebraska or a change in party registration shall automatically terminate the tenure of any member of a judicial nominating commission.
Source
Laws 1973, LB 110, § 7;
Laws 1991, LB 251, § 7.
2023 Nebraska Revised Statutes › Chapter 24 - Courts › 24-811 - Judicial nominating commissions; unlawful to attempt to influence; violations; penalty.

24-811.
Judicial nominating commissions; unlawful to attempt to influence; violations; penalty.
It shall be unlawful and a breach of ethics for any judge, public officeholder, lawyer or any other person or organization to attempt to influence any judicial nominating commission in any manner and on any basis except by presenting facts and opinions relevant to the judicial qualifications of the proposed nominees to an individual member of the commission or to the commission acting as a body, at or prior to the time of the public hearing. Violation of this section shall be considered as contempt of the Supreme Court of the State of Nebraska and shall be punishable as for contempt or by appropriate discipline with respect to any member of the bar involved in any such unlawful or unethical conduct.
Source
Laws 1963, c. 124, § 11, p. 476;
Laws 1973, LB 110, § 8.
2023 Nebraska Revised Statutes › Chapter 24 - Courts › 24-811.01 - Judicial nominating commission; nominations; number; considerations.

24-811.01.
Judicial nominating commission; nominations; number; considerations.
Any judicial nominating commission which has for its consideration three or more candidates for a judicial vacancy shall nominate at least three candidates for consideration by the Governor if the commission, in its discretion, finds them to be sufficiently qualified. In determining whether a candidate is sufficiently qualified to be nominated for a judicial vacancy, a judicial nominating commission shall consider the candidate's knowledge of the law, experience in the legal system, intellect, capacity for fairness, probity, temperament, industry, and such other factors relating to judicial quality as the Supreme Court may by rule promulgate.
Source
Laws 1973, LB 110, § 9;
Laws 1980, LB 730, § 3.
2023 Nebraska Revised Statutes › Chapter 24 - Courts › 24-811.02 - Judicial nominating commission; send report to State Court Administrator; contents.

24-811.02.
Judicial nominating commission; send report to State Court Administrator; contents.
Within thirty days after the list of nominees for a judicial vacancy is presented to the Governor by a judicial nominating commission, the chairperson of the commission shall prepare and send to the State Court Administrator a report containing the following:
(1) Names of all candidates for the judicial vacancy;
(2) Copies of all applications submitted by candidates; and
(3) The names of the candidates nominated for the judicial vacancy.
Such report shall be available to the public and shall be preserved by the State Court Administrator for ten years.
Source
Laws 1980, LB 730, § 6.
2023 Nebraska Revised Statutes › Chapter 24 - Courts › 24-812 - Judicial nominating commissions; members; communications; confidential.

24-812.
Judicial nominating commissions; members; communications; confidential.
All communications between members of judicial nominating commissions and between any member of the commission and any prospective candidate for judicial office and all other communications with members of the commission except those at the public hearing, shall be confidential. Additionally, all such communications including those at the public hearing shall be privileged from use in any legal action, except one charging misconduct in office of a member of a judicial nominating commission or one involving contempt of court, or misconduct of an attorney, based on such communication.
Source
Laws 1963, c. 124, § 12, p. 476;
Laws 1980, LB 730, § 4.
2023 Nebraska Revised Statutes › Chapter 24 - Courts › 24-812.01 - Judicial nominations; Supreme Court; promulgate rules.

24-812.01.
Judicial nominations; Supreme Court; promulgate rules.
The Supreme Court shall promulgate rules regarding procedures to be followed in the nominating procedure, including the type of application to be filed, the type of presentation an applicant may make at the public hearing, factors, if any, other than those specifically described in section 24-811.01 relating to judicial quality for commission members to consider in determining whether a candidate is sufficiently qualified to be nominated, and such other rules as it feels will induce qualified lawyers to seek judicial office, and which will otherwise promote the true spirit of the judicial selection process now used in this state.
Source
Laws 1973, LB 110, § 10;
Laws 1980, LB 730, § 5.
2023 Nebraska Revised Statutes › Chapter 24 - Courts › 24-813 - Judicial officeholders; subject to sections.

24-813.
Judicial officeholders; subject to sections.
All judicial officeholders who are subject to the terms and provisions of Article V, section 21, of the Constitution of Nebraska, as provided by the Constitution of Nebraska or by law, shall be subject to the terms and provisions of sections 24-813 to 24-818.
Source
Laws 1963, c. 125, § 1, p. 477.
2023 Nebraska Revised Statutes › Chapter 24 - Courts › 24-814 - Judicial officeholder; continuance in office; request in writing to be retained.

24-814.
Judicial officeholder; continuance in office; request in writing to be retained.
Any judicial officeholder, subject to the terms of sections 24-813 to 24-818, who desires to continue in office for an additional term, shall indicate his desire in this respect in writing filed with the Secretary of State, on or before August 1 immediately preceding the expiration of his term in office, and shall request in writing that the Secretary of State submit to the electorate of the appropriate district or area, the question of his right to be retained in office for an additional term.
Source
Laws 1963, c. 125, § 2, p. 477.
2023 Nebraska Revised Statutes › Chapter 24 - Courts › 24-815 - Judicial officeholder; request to be retained; Secretary of State; submit to electorate; form of ballot.

24-815.
Judicial officeholder; request to be retained; Secretary of State; submit to electorate; form of ballot.
Upon receipt of such information and request within the time provided in section 24-814, the Secretary of State shall cause the question of said judicial officeholder's right to continue in office for an additional term to be submitted to the appropriate electorate at the next general election, on the nonpolitical ballot. Said question shall be submitted in substance as follows: "Shall Judge ......................... be retained in office? .... Yes .... No".
Source
Laws 1963, c. 125, § 3, p. 478.
2023 Nebraska Revised Statutes › Chapter 24 - Courts › 24-816 - Judicial officeholder; retention election; how conducted.

24-816.
Judicial officeholder; retention election; how conducted.
Said election shall be conducted in the manner and form provided for elections generally with respect to the nonpolitical ballot and the results of said election shall be certified in like manner.
Source
Laws 1963, c. 125, § 4, p. 478.
2023 Nebraska Revised Statutes › Chapter 24 - Courts › 24-817 - Judicial officeholder; retention election; determination by vote of electorate.

24-817.
Judicial officeholder; retention election; determination by vote of electorate.
If the majority of the electors voting with regard to said question at said election vote in the affirmative, said judge shall be retained in office for an additional term. If the majority of the voters voting on said question at said election vote in the negative, a vacancy in said office shall occur at the end of the term of office of said judge.
Source
Laws 1963, c. 125, § 5, p. 478.
2023 Nebraska Revised Statutes › Chapter 24 - Courts › 24-818 - Judicial officeholder; request to be retained; failure to file; vacancy.

24-818.
Judicial officeholder; request to be retained; failure to file; vacancy.
Unless the judicial officeholder, who is subject to sections 24-813 to 24-818, files with the Secretary of State within the time and in the manner provided in section 24-814 an indication of his desire to continue in office for an additional term, a vacancy in said office shall occur at the end of the term of office of said judge.
Source
Laws 1963, c. 125, § 6, p. 478.
2023 Nebraska Revised Statutes › Chapter 24 - Courts › 24-819 - Judges; full term; commencement; end.

24-819.
Judges; full term; commencement; end.
The full term of office of each judge shall commence: (1) On the first Thursday after the first Tuesday in January next succeeding the election referred to in sections 24-813 to 24-818, or (2) if appointed pursuant to Article V of the Constitution of Nebraska, on the date of his or her appointment, as the case may be. For purposes of sections 24-817 and 24-818, the end of the term of office shall be the first Thursday after the first Tuesday in January next succeeding the retention election required by section 24-814.
Source
Laws 1969, c. 178, § 8, p. 768;
Laws 2009, LB343, § 1.
Annotations
Action of Legislature in adopting this section simply declaratory of Constitution. Garrotto v. McManus, 185 Neb. 644, 177 N.W.2d 570 (1970).
2023 Nebraska Revised Statutes › Chapter 24 - Courts › 24-820 - County judge; selection; retained in office; vacancy, how filled.

24-820.
County judge; selection; retained in office; vacancy, how filled.
County judges shall be selected and retained in office in accordance with the provisions of Article V, section 21, of the Constitution of Nebraska. Each judge shall (1) be selected for a term of six years, and (2) hold office until his successor is selected and qualified. Any vacancy in the office of county judge shall be filled in the same manner as vacancies are filled under the provisions of Article V, section 21, of the Constitution.
Source
Laws 1974, LB 785, § 2.
2023 Nebraska Revised Statutes › Chapter 24 - Courts › 24-1001 - Proceedings to be public.

24-1001.
Proceedings to be public.
All judicial proceedings of all courts established in this state must be open to the attendance of the public unless otherwise specially provided by statute.
Source
Laws 1879, § 35, p. 89;
R.S.1913, § 1179;
C.S.1922, § 1093;
C.S.1929, § 27-311;
R.S.1943, § 24-311;
Laws 1969, c. 175, § 1, p. 756;
R.S.1943, (1985), § 24-311.
Cross References
Trial to establish paternity of child is not open to general public, see section 43-1412.
Annotations
Pretrial proceedings in criminal cases may be closed to the public, including representatives of the news media, unless the presiding officer determines there is no substantial likelihood of interference with defendant's right to a fair trial. State v. Simants, 194 Neb. 783, 236 N.W.2d 794 (1975).
2023 Nebraska Revised Statutes › Chapter 24 - Courts › 24-1002 - Oaths and affirmations; power to administer.

24-1002.
Oaths and affirmations; power to administer.
All courts have power to administer oaths connected with any matter pending before them, either by any judge, justice, or clerk thereof or by any other person appointed for that purpose by them. Oaths and affirmations may be administered, in all cases whatsoever, by judges of the Supreme Court, judges of the Court of Appeals, judges of the district court, judges of the county court, the Clerk of the Supreme Court, clerks of the district courts, and clerks of the county courts, within their respective jurisdictions, and by clerk magistrates within their respective counties.
Source
Laws 1879, § 36, p. 89;
R.S.1913, § 1173;
C.S.1922, § 1096;
C.S.1929, § 27-314;
R.S.1943, § 24-314;
R.S.1943, (1985), § 24-314;
Laws 1990, LB 822, § 17;
Laws 1991, LB 732, § 41.
Annotations
Information may be sworn to before clerk. Sharp v. State, 61 Neb. 187, 85 N.W. 38 (1901).
2023 Nebraska Revised Statutes › Chapter 24 - Courts › 24-1003 - Evidence; recording and preservation; court reporters; appointment; uniform salary schedules; expenses; payment.

24-1003.
Evidence; recording and preservation; court reporters; appointment; uniform salary schedules; expenses; payment.
The Supreme Court shall provide by rule for the recording and preservation of evidence in all cases in the district and separate juvenile courts and for the preparation of transcripts and bills of exceptions. Court reporters and other persons employed to perform the duties required by such rules shall be appointed by the judge under whose direction they work. The Supreme Court shall prescribe uniform salary schedules for such employees, based on their experience and training and the methods used by them in recording and preserving evidence and preparing transcripts and bills of exceptions. Salaries and expenses of such employees shall be paid by the State of Nebraska from funds appropriated to the Supreme Court. Such employees shall be reimbursed for expenses as provided in sections 81-1174 to 81-1177.
Source
Laws 1974, LB 647, § 1;
Laws 1981, LB 204, § 34;
R.S.1943, (1985), § 24-342.02;
Laws 2020, LB381, § 18.
2023 Nebraska Revised Statutes › Chapter 24 - Courts › 24-1004 - Records and exhibits; preservation; disposition.

24-1004.
Records and exhibits; preservation; disposition.
The Supreme Court shall provide by rule for the preservation of all records and of all exhibits offered or received in evidence in the trial of any action. When the records of the district court do not show any unfinished matter pending in the action, a judge of the district court if satisfied they are no longer valuable for any purpose may, upon such notice as the judge may direct, order the destruction, return, or other disposition of such exhibits as the judge deems appropriate when approval is given by the State Records Administrator pursuant to the Records Management Act.
Source
Laws 1957, c. 75, § 1, p. 311;
Laws 1969, c. 105, § 4, p. 480;
Laws 1974, LB 647, § 3;
R.S.1943, (1985), § 24-342.01;
Laws 2020, LB1028, § 1.
Cross References
Records Management Act, see section 84-1220.
2023 Nebraska Revised Statutes › Chapter 24 - Courts › 24-1005 - Records; preservation duplicate; admissible in evidence; destruction of original record.

24-1005.
Records; preservation duplicate; admissible in evidence; destruction of original record.
The clerk of any district court or of any other court of record may maintain any court record as a preservation duplicate in the manner provided in section 84-1208. The original record may be destroyed only with the approval of the State Records Administrator pursuant to the Records Management Act. The reproduction of the preservation duplicate shall be admissible as evidence in any court of record in the State of Nebraska.
Source
Laws 1967, c. 134, § 1, p. 419;
Laws 1969, c. 105, § 2, p. 480;
Laws 1971, LB 128, § 2;
R.S.1943, (1985), § 24-337.02;
Laws 2020, LB1028, § 2.
Cross References
Records Management Act, see section 84-1220.
2023 Nebraska Revised Statutes › Chapter 24 - Courts › 24-1006 - Clerk; judicial statistics; report.

24-1006.
Clerk; judicial statistics; report.
The clerk of each court shall report judicial statistics to the Supreme Court at such times and in such manner as prescribed by the Supreme Court.
Source
Laws 1961, c. 103, § 1, p. 335;
R.S.1943, (1989), § 24-337.01;
Laws 1991, LB 732, § 35.
2023 Nebraska Revised Statutes › Chapter 24 - Courts › 24-1007 - State Court Administrator; compile judicial workload statistics; how; juveniles in Nebraska's justice system; annual report; contents.

24-1007.
State Court Administrator; compile judicial workload statistics; how; juveniles in Nebraska's justice system; annual report; contents.
(1) The State Court Administrator shall compile uniform and accurate statistics which will assist in the evaluation of judicial workloads. The judicial workload statistics shall be based on caseload numbers weighted by category of case. The judicial workload statistics shall be compiled annually for each district, county, and separate juvenile court judicial district in the state.
(2) The State Court Administrator shall develop and provide an annual report to the Legislature and the Governor on juveniles in Nebraska's justice system. The report to the Legislature shall be provided electronically. For purposes of this section, juvenile has the same meaning as in section 43-245. The report shall include, but not be limited to, geographic and demographic information on the following:
(a) Juveniles prosecuted in juvenile court under subdivision (1), (2), (3)(b), or (4) of section 43-247, including the total number of filings and adjudications;
(b) Juveniles prosecuted in adult criminal court for felonies, misdemeanors, and traffic offenses. The information shall include juveniles sentenced to terms in adult jails and prisons and juveniles placed on adult probation;
(c) The number of motions to transfer and the number of cases transferred to adult court from juvenile court and from adult criminal court to juvenile court;
(d) Juveniles placed on juvenile probation, the number of juveniles on probation in out-of-home care, the number of juveniles completing probation, the number of motions to revoke probation and probation revocations, and the average length of time on probation;
(e) Juveniles with and without access to counsel in juvenile and adult court, both appointed and retained; and
(f) Rates of recidivism.
Source
Laws 1995, LB 189, § 5;
Laws 2014, LB464, § 3.
2023 Nebraska Revised Statutes › Chapter 24 - Courts › 24-1008 - Virtual behavioral health services; pilot program; use courthouse resources; purpose of program; report.

24-1008.
Virtual behavioral health services; pilot program; use courthouse resources; purpose of program; report.
(1) The State Court Administrator shall create a pilot program to utilize physical space and information technology resources within Nebraska courthouses to serve as points of access for virtual behavioral health services for court-involved individuals.
(2) The pilot program shall be limited to a single probation district. Such district shall be chosen by the State Court Administrator in consultation with the probation administrator.
(3) The purpose of the program is to provide access to safe, confidential, and reliable behavioral health treatment via telehealth for individuals involved with the criminal justice system, either as defendants, probationers, or victims in a criminal proceeding.
(4) On or before June 1, 2024, the State Court Administrator shall electronically submit a report to the Judiciary Committee of the Legislature regarding the pilot program.
Source
Laws 2023, LB50, § 2.
Effective Date: September 2, 2023
2023 Nebraska Revised Statutes › Chapter 24 - Courts › 24-1101 - Court of Appeals; created; panels; judges; appointment; salary; other laws applicable.

24-1101.
Court of Appeals; created; panels; judges; appointment; salary; other laws applicable.
(1) There is hereby created the Court of Appeals which shall consist of six judges. The court shall sit in panels of three judges to conduct the business of the court. The decision of a majority of the judges of the panel to which a case is submitted shall constitute the decision of the court for that case. The membership of the panels shall be assigned and regularly rotated by the Chief Judge of the Court of Appeals in such a manner as to provide each judge the opportunity to serve a proportionate amount of time with every other judge on the court.
(2) One judge of the Court of Appeals shall be appointed by the Governor from each Supreme Court judicial district. For purposes of this section, a judge's residence on the effective date of appointment shall be considered the judge's residence while he or she serves on the Court of Appeals. Prior to September 13, 1997, the Supreme Court shall each year select one judge of the Court of Appeals as Chief Judge. Upon the expiration of the term of the Chief Judge in office on September 13, 1997, and each two years thereafter, the judges of the Court of Appeals shall by majority vote nominate one of their number to be Chief Judge for the ensuing two years, which judge shall, upon the ratification of the selection by the Supreme Court, serve as Chief Judge for that two-year period.
(3) Judges of the Court of Appeals shall be paid an amount equal to ninety-five percent of the salary set for the Chief Justice and judges of the Supreme Court.
(4) Judges of the Court of Appeals shall be subject to the same provisions relating to selection, filling of a vacancy, term of office, discipline, removal from office, and retirement as are all other judges covered by Article V of the Constitution of Nebraska.
Source
Laws 1991, LB 732, § 1;
Laws 1997, LB 246, § 1.
2023 Nebraska Revised Statutes › Chapter 24 - Courts › 24-1102 - Judge; eligibility.

24-1102.
Judge; eligibility.
No person shall be eligible for the office of judge of the Court of Appeals unless he or she (1) is at the time of consideration for appointment a resident of Nebraska, (2) is at least thirty years of age, (3) is a citizen of the United States, (4) has been engaged in the practice of law in the State of Nebraska for at least five years which may include prior service as a judge, and (5) is currently admitted to practice before the Nebraska Supreme Court.
Source
Laws 1991, LB 732, § 2.
2023 Nebraska Revised Statutes › Chapter 24 - Courts › 24-1103 - Active or retired judges; assignment; expenses.

24-1103.
Active or retired judges; assignment; expenses.
(1) The Chief Justice of the Supreme Court may call active judges of the district court to serve on the Court of Appeals in case of incapacity or absence for any reason whatsoever or temporary vacancy in the office of a judge of the Court of Appeals. Any active judge designated to serve on the Court of Appeals shall be reimbursed for expenses as provided in sections 81-1174 to 81-1177.
(2) The number of retired judges assigned to serve pursuant to subdivision (1) of section 24-729 may not at any one time exceed three, and no panel of the Court of Appeals may contain a majority of retired judges so assigned. Payments to a retired judge shall be made in the manner prescribed in sections 24-730 to 24-733.
Source
Laws 1991, LB 732, § 3;
Laws 2020, LB381, § 19.
2023 Nebraska Revised Statutes › Chapter 24 - Courts › 24-1104 - Decisions; form; when published.

24-1104.
Decisions; form; when published.
(1) Decisions of the Court of Appeals shall be in the form of an order which may be accompanied by a memorandum opinion. The memorandum opinion shall not be published unless publication is ordered by the Court of Appeals. All memorandum opinions shall be filed with the Clerk of the Supreme Court, shall be public records, and shall be made available to the public in such manner as may be determined by the Court of Appeals.
(2) In determining whether to publish a memorandum opinion, the Court of Appeals may take into consideration one or more of the following factors:
(a) Whether the decision enunciates a new rule of law;
(b) Whether the decision applies an established rule of law to a factual situation significantly different from that in published opinions;
(c) Whether the decision resolves or identifies a conflict between prior Court of Appeals decisions;
(d) Whether the decision will contribute to legal literature by collecting case law or reciting legislative history; and
(e) Whether the decision involves a case of substantial and continuing public interest.
Source
Laws 1991, LB 732, § 4;
Laws 1992, LB 360, § 3;
Laws 1993, LB 462, § 1;
Laws 1996, LB 1296, § 3;
Laws 1997, LB 68, § 1.
Annotations
The district court is not obligated to follow a Nebraska Court of Appeals' opinion that was not designated for permanent publication and is not related to the parties before the district court. Kauk v. Kauk, 310 Neb. 329, 966 N.W.2d 45 (2021).
This section envisions that decisions of the Court of Appeals be published only in limited circumstances. Metro Renovation v. State, 249 Neb. 337, 543 N.W.2d 715 (1996).
An opinion of a single judge of the Court of Appeals is not an opinion of the Court of Appeals; thus, this section does not provide the Supreme Court with jurisdiction to order its publication, nor does authority exist for publication absent such an order. State v. Chambers, 242 Neb. 124, 493 N.W.2d 328 (1992).
2023 Nebraska Revised Statutes › Chapter 24 - Courts › 24-1105 - Cases pending on September 6, 1991; assignment to Court of Appeals.

24-1105.
Cases pending on September 6, 1991; assignment to Court of Appeals.
Any case on appeal before the Supreme Court on September 6, 1991, except cases in which a sentence of death or life imprisonment has been imposed and cases involving the constitutionality of a statute, may be assigned to the Court of Appeals by the Supreme Court.
Source
Laws 1991, LB 732, § 5;
Laws 2015, LB268, § 35;
Referendum 2016, No. 426.
Note:
The repeal of section 24-1105 by Laws 2015, LB 268, section 35, is not effective because of the vote on the referendum at the November 2016 general election.
2023 Nebraska Revised Statutes › Chapter 24 - Courts › 24-1107 - Decision; review by Supreme Court.

24-1107.
Decision; review by Supreme Court.
Within thirty days after the Court of Appeals has issued its decision in a case, any party to the case may petition the Supreme Court for further review of the decision in the manner prescribed by the rules of the Supreme Court.
Source
Laws 1991, LB 732, § 7.
Annotations
An opinion of a single judge of the Court of Appeals is not an opinion of the Court of Appeals; thus, this section does not provide the Supreme Court with jurisdiction to review an opinion of a single judge of the Court of Appeals. State v. Chambers, 242 Neb. 124, 493 N.W.2d 328 (1992).
2023 Nebraska Revised Statutes › Chapter 24 - Courts › 24-1108 - Administrative office; arguments heard throughout state; judge's offices.

24-1108.
Administrative office; arguments heard throughout state; judge's offices.
The Court of Appeals shall have its principal administrative office in Lincoln, Nebraska. The Court of Appeals shall hear arguments at sites throughout the state by designation of the Chief Judge of the Court of Appeals. The Chief Judge shall give primary consideration to the convenience of the litigants and counsel when designating sites to hear arguments. Each judge of the Court of Appeals may maintain a principal office at any location in Nebraska and shall be entitled to staff as determined by the Supreme Court. The State Court Administrator shall make arrangements for office space and courtrooms to be used by the Court of Appeals.
Source
Laws 1991, LB 732, § 8.
2023 Nebraska Revised Statutes › Chapter 24 - Courts › 24-1109 - Clerk; reporter; State Court Administrator; duties; expenses of court; rules and regulations.

24-1109.
Clerk; reporter; State Court Administrator; duties; expenses of court; rules and regulations.
The Clerk of the Supreme Court shall serve as the clerk of the Court of Appeals. The Reporter of Decisions shall serve as the reporter of the Court of Appeals. The State Court Administrator shall provide facilities, supplies, equipment, and support staff needed by the Court of Appeals. All expenses of the Court of Appeals shall be included in the budget of the Supreme Court. The Supreme Court shall adopt and promulgate rules to implement sections 24-1101 to 24-1109.
Source
Laws 1991, LB 732, § 9;
Laws 1995, LB 271, § 5;
Laws 2023, LB799, § 6.
Operative Date: September 2, 2023
2023 Nebraska Revised Statutes › Chapter 24 - Courts › 24-1201 - Judicial Resources Commission; created; membership; quorum.

24-1201.
Judicial Resources Commission; created; membership; quorum.
There is hereby created the Judicial Resources Commission consisting of: (1) Four judges, including one district court judge, one county court judge, one separate juvenile court judge, and one Justice or judge of the Supreme Court, all of whom shall be appointed by the Supreme Court; (2) one member of the Nebraska State Bar Association from each of the six judicial districts prescribed in Article V, section 5, of the Constitution of Nebraska who shall have practiced law in this state for at least ten years and who shall be appointed by the Executive Council of the Nebraska State Bar Association; and (3) one citizen from each of the six judicial districts prescribed in Article V, section 5, of the Constitution of Nebraska appointed by the Governor and one additional citizen who shall be appointed at large, none of whom shall be (a) a justice or judge of the Supreme Court or a judge of any other court, active or retired, (b) a member of the Nebraska State Bar Association, or (c) an immediate family member of any person listed in subdivisions (a) and (b) of this subdivision. The Justice or judge of the Supreme Court serving on the commission shall also serve as chairperson of the commission. A majority of the members of the commission shall constitute a quorum for the transaction of business. The commission shall act by a vote of the majority of its members.
Source
Laws 1992, LB 1059, § 7;
R.S.Supp.,1994, § 24-809.01;
Laws 1995, LB 189, § 4;
Laws 1997, LB 229, § 3.
2023 Nebraska Revised Statutes › Chapter 24 - Courts › 24-1202 - Judicial Resources Commission; term; vacancy.

24-1202.
Judicial Resources Commission; term; vacancy.
The term of office of each member of the Judicial Resources Commission shall be six years. In the event of a vacancy, the vacancy shall be filled by appointment in the same manner as the original member was appointed, and the individual so appointed shall serve for the balance of the original term. Any member of the commission shall be eligible for reappointment for an additional term without regard to the number of years that such individual has served as a member of the commission.
Source
Laws 1992, LB 1059, § 8;
R.S.Supp.,1994, § 24-809.02.
2023 Nebraska Revised Statutes › Chapter 24 - Courts › 24-1203 - Judicial Resources Commission; expenses.

24-1203.
Judicial Resources Commission; expenses.
Members of the Judicial Resources Commission shall be reimbursed for expenses as provided in sections 81-1174 to 81-1177.
Source
Laws 1992, LB 1059, § 9;
R.S.Supp.,1994, § 24-809.03;
Laws 2020, LB381, § 20.
2023 Nebraska Revised Statutes › Chapter 24 - Courts › 24-1204 - Existence of judicial vacancy; determination.

24-1204.
Existence of judicial vacancy; determination.
In the event of the death, retirement, resignation, or removal of a district, county, or separate juvenile judge or the failure of a district, county, or separate juvenile judge to be retained in office or upon the request of a majority of the members of the Judicial Resources Commission, the commission shall, after holding a public hearing, determine whether a judicial vacancy exists in the affected district or any other judicial district or whether a new judgeship or change in number of judicial districts or boundaries is appropriate. If the commission determines a vacancy exists in a district or county court district, the commission may also make a recommendation to the Supreme Court of the site for a primary office location. The public hearing may include virtual conferencing or, if the judicial workload statistics compiled pursuant to section 24-1007 indicate a need for a number of judges equal to or greater than the number currently authorized by law, the commission may conduct a hearing by telephone conference. If a telephone conference is used, a recording shall be made of the telephone conference and maintained by the commission for at least one year, and the commission shall only determine whether a judicial vacancy exists in the affected district and make no other determinations.
Source
Laws 1995, LB 189, § 6;
Laws 1997, LB 229, § 4;
Laws 1999, LB 47, § 1;
Laws 2021, LB83, § 2.
2023 Nebraska Revised Statutes › Chapter 24 - Courts › 24-1205 - Judgeships; annual hearing; recommendations.

24-1205.
Judgeships; annual hearing; recommendations.
By December 15, 1995, and each year thereafter, the Judicial Resources Commission shall hold a hearing to determine whether (1) a new judgeship is appropriate in any judicial district or a reduction in judgeships is appropriate in any judicial district or (2) the judicial district boundaries or the number of judicial districts should be changed for the district or county courts. The commission shall also examine current caseload statistics and make any appropriate recommendations for the more balanced use of existing judicial resources. The State Court Administrator shall provide adequate administrative support and information as requested by the commission. A report of this hearing and any recommendations shall be filed by the commission with the Legislature, the Governor, and the Supreme Court on or before December 31 of each year. The report submitted to the Legislature shall be submitted electronically.
Source
Laws 1995, LB 189, § 7;
Laws 2012, LB782, § 26.
2023 Nebraska Revised Statutes › Chapter 24 - Courts › 24-1206 - Commission; basis for determination; report to Legislature; legislative action.

24-1206.
Commission; basis for determination; report to Legislature; legislative action.
(1) The Judicial Resources Commission's determination of whether a judicial vacancy exists or a new judgeship, a reduction in judgeships, a change in number of judicial districts or boundaries, or the reallocation of a judgeship from a district, county, or separate juvenile court in one judicial district to a district, county, or separate juvenile court in another judicial district is appropriate pursuant to section 24-1204 or 24-1205 shall be based upon (a) its analysis of judicial workload statistics compiled pursuant to section 24-1007, (b) whether litigants in the judicial district have adequate access to the courts, (c) the population of the judicial district, (d) other judicial duties and travel time involved within the judicial district, and (e) other factors determined by the Supreme Court to be necessary to assure efficiency and maximum service. The State Court Administrator shall provide adequate administrative support and information as requested by the commission.
(2) After making a determination, the commission shall report the results electronically to the Legislature and recommend any legislative changes which are needed. If no changes in existing law are needed and none are recommended by the commission, no legislative action shall be necessary to fill any judicial vacancy determined to exist. The Legislature shall not create a new judgeship unless the commission recommends the creation of a new judgeship in its report. If legislative action is required but none is taken in the first legislative session commencing after receipt of the report by the Legislature, the commission shall hold another hearing on the matter and shall determine whether a judicial vacancy exists or again recommend legislative changes to the Legislature in its report.
Source
Laws 1995, LB 189, § 8;
Laws 1997, LB 229, § 5;
Laws 2012, LB782, § 27.
2023 Nebraska Revised Statutes › Chapter 24 - Courts › 24-1301 - Legislative findings.

24-1301.
Legislative findings.
The Legislature finds and declares that when left untreated, substance use disorders and mental illness contribute to increased crime in Nebraska, cost millions of dollars in lost productivity, and contribute to the burden placed upon law enforcement, court, and correctional systems in Nebraska.
The Legislature also finds and declares that problem solving courts, including drug, veterans, mental health, driving under the influence, reentry, and other problem solving courts, are effective in reducing recidivism of persons who participate in and complete such courts. The Legislature recognizes that problem solving courts offer a person accused of drug, alcohol, and other offenses alternatives to traditional criminal justice proceedings or juvenile justice dispositions.
Source
Laws 2004, LB 454, § 1;
Laws 2008, LB1014, § 6;
Laws 2016, LB919, § 1.
2023 Nebraska Revised Statutes › Chapter 24 - Courts › 24-1302 - Problem solving court; establish; Supreme Court; rules; funding, legislative intent; Supreme Court Administrator; duties.

24-1302.
Problem solving court; establish; Supreme Court; rules; funding, legislative intent; Supreme Court Administrator; duties.
(1) For purposes of this section, problem solving court means a drug, veterans, mental health, driving under the influence, reentry, young adult, or other problem solving court.
(2) A district, county, or juvenile court may establish a problem solving court, subject to the Supreme Court's rules. A problem solving court shall function within the existing structure of the court system. The goals of a problem solving court shall be consistent with any relevant standards adopted by the United States Department of Justice and the National Association of Drug Court Professionals, as such standards existed on January 1, 2023.
(3) An individual may participate in a problem solving court as a condition of probation, as a sentence imposed by a court, or as otherwise provided by the Supreme Court's rules.
(4) Problem solving courts shall be subject to rules which shall be promulgated by the Supreme Court for procedures to be implemented in the administration of such courts.
(5) It is the intent of the Legislature that funds be appropriated separately to the Supreme Court such that each judicial district may operate at least one drug, veterans, mental health, driving under the influence, reentry, and young adult problem solving court. The State Court Administrator shall ensure that each judicial district has at least one of such courts by January 1, 2024.
(6) The State Court Administrator shall track and evaluate outcomes of problem solving courts. On or before June 1, 2024, and on or before each June 1 thereafter, the State Court Administrator shall electronically submit a report to the Legislature regarding the impact of problem solving courts on recidivism rates in the state. The report shall also include rates of return to court and program completion. The report shall identify judicial districts that are underserved by problem solving courts and what services or funding are needed to properly serve such districts.
Source
Laws 2004, LB 454, § 2;
Laws 2008, LB1014, § 7;
Laws 2016, LB919, § 2;
Laws 2023, LB50, § 1.
Effective Date: September 2, 2023
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-102 - Parties; how designated.

25-102.
Parties; how designated.
In all civil actions, the complaining party shall be known as the plaintiff and the adverse party as the defendant.
Source
R.S.1867, Code § 3, p. 394;
R.S.1913, § 7561;
C.S.1922, § 8504;
C.S.1929, § 20-102;
R.S.1943, § 25-102.
Annotations
Designation of party appealing as plaintiff in eminent domain proceeding was not prevented by this section. Jensen v. Omaha Public Power Dist., 159 Neb. 277, 66 N.W.2d 591 (1954).
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-103 - Feigned issues prohibited; issue not plead; tried, when.

25-103.
Feigned issues prohibited; issue not plead; tried, when.
There can be no feigned issues; but a question of fact not put in issue by the pleadings may be tried by a jury, upon an order for the trial, stating distinctly and plainly the question of fact to be tried, and such order is the only authority necessary for a trial.
Source
R.S.1867, Code § 4, p. 394;
R.S.1913, § 7562;
C.S.1922, § 8505;
C.S.1929, § 20-103;
R.S.1943, § 25-103.
Annotations
Common law remedies are still in force except as abolished by statute. State ex rel. Wright v. Barney, 133 Neb. 676, 276 N.W. 676 (1937).
Jury is not allowed in quo warranto. State ex rel. Broatch v. Moores, 56 Neb. 1, 76 N.W. 530 (1898).
Jury is not allowed as of right in equity cases generally, though special facts may be submitted. Alter v. Bank of Stockham, 53 Neb. 223, 73 N.W. 667 (1897); Harral & Uhl v. Gray, 10 Neb. 186, 4 N.W. 1040 (1880).
Jury is not allowed in contempt cases. Gandy v. State, 13 Neb. 445, 14 N.W. 143 (1882).
Fictitious issues abolished. Cropsey v. Wiggenhorn, 3 Neb. 108 (1873).
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-201.01 - Civil actions; savings clause; conditions.

25-201.01.
Civil actions; savings clause; conditions.
(1) If an action is commenced within the time prescribed by the applicable statute of limitations but the plaintiff fails in the action for a reason other than a reason specified in subsection (2) of this section and the applicable statute of limitations would prevent the plaintiff from commencing a new action, the plaintiff, or his or her representatives if the plaintiff has died and the cause of action survived, may commence a new action within the period specified in subsection (3) of this section.
(2) A new action may not be commenced in accordance with subsection (1) of this section when the original action failed (a) on the merits of the action, (b) as a result of voluntary dismissal by the plaintiff for a reason other than loss of diversity jurisdiction in a federal court, (c) as a result of the plaintiff's failure to serve a defendant within the time prescribed in section 25-217, or (d) as a result of any other inaction on the part of the plaintiff where the burden of initiating an action was on the plaintiff.
(3) A new action may be commenced in accordance with subsection (1) of this section within a period equal to the lesser of (a) six months after the failure of the action or (b) a period after the failure of the action equal to the period of the applicable statute of limitations of the original action.
Source
Laws 2000, LB 55, § 1.
Annotations
The savings clause in this section does not apply to an action under the State Tort Claims Act. Saylor v. State, 304 Neb. 779, 936 N.W.2d 924 (2020).
The dismissal of a plaintiff's first action for failure to abide by the progression standards is a dismissal because of a lack of action under this section. Zitterkopf v. Maldonado, 273 Neb. 145, 727 N.W.2d 696 (2007).
This section includes a savings clause for actions filed in federal court that are dismissed because of the loss of diversity jurisdiction. Brodine v. Blue Cross Blue Shield, 272 Neb. 713, 724 N.W.2d 321 (2006).
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-201.02 - Amendment of pleading; effect.

25-201.02.
Amendment of pleading; effect.
(1) An amendment of a pleading that does not change the party or the name of the party against whom the claim is asserted relates back to the date of the original pleading if the claim or defense asserted in the amended pleading arose out of the conduct, transaction, or occurrence set forth or attempted to be set forth in the original pleading.
(2) If the amendment changes the party or the name of the party against whom a claim is asserted, the amendment relates back to the date of the original pleading if (a) the claim or defense asserted in the amended pleading arose out of the conduct, transaction, or occurrence set forth or attempted to be set forth in the original pleading, and (b) within the period provided for commencing an action the party against whom the claim is asserted by the amended pleading (i) received notice of the action such that the party will not be prejudiced in maintaining a defense on the merits and (ii) knew or should have known that, but for a mistake concerning the identity of the proper party, the action would have been brought against the party.
Source
Laws 2002, LB 876, § 2.
Annotations
Pursuant to subdivision (2)(b)(ii) of this section, while the mistaken identity inquiry of relation back is appropriately focused on what the defendant knew or should have known, the question is what the defendant knew or should have known about the plaintiff's intent when filing the original complaint. Davis v. Ridder, 309 Neb. 865, 963 N.W.2d 23 (2021).
Subsection (2) of this section applies only to an amendment that “changes the party or the name of the party” and that refers to a substitution, rather than to an addition, of parties. Gibbs Cattle Co. v. Bixler, 285 Neb. 952, 831 N.W.2d 696 (2013).
Amended pleading to identify intended defendant and to plead that intended defendant had constructive notice of lawsuit would not relate back to original complaint which was served on defendant's father who bore same name, for purposes of 4-year limitations period; name of defendant was same in both original and proposed amended complaint, and thus, there was nothing to amend, and summary judgment evidence indicated that intended defendant did not know about lawsuit before limitations period expired. Rudd v. Debora, 20 Neb. App. 850, 835 N.W.2d 765 (2013).
This section eliminates the 6-month grace period from the time in which a substituted defendant could have acquired notice of the suit; therefore, the substituted defendant must have had notice before the statute of limitations ran. Kotlarz v. Olson Bros., Inc., 16 Neb. App. 1, 740 N.W.2d 807 (2007).
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-203 - Actions for forcible entry and detainer of real property.

25-203.
Actions for forcible entry and detainer of real property.
An action for the forcible entry and detainer, or forcible detainer only, of real property, can only be brought within one year after the cause of such action shall have accrued.
Source
R.S.1867, Code § 8, p. 395;
R.S.1913, § 7565;
C.S.1922, § 8508;
C.S.1929, § 20-203;
R.S.1943, § 25-203.
Annotations
Where tenancy by sufferance is terminated by statutory three-day notice, cause of action for forcible detainer accrues and statute runs from service of notice. Federal Trust Co. v. Overlander, 118 Neb. 167, 223 N.W. 797 (1929); Clark v. Tukey Land Co., 75 Neb. 326, 106 N.W. 328 (1905).
When the right to bring an action of forcible entry and detention is barred as against the grantor, so likewise it is against the grantee. Weatherford v. Union Pacific R. Co., 74 Neb. 229, 104 N.W. 183 (1905).