Civil Procedure - L.B. 42: Appeal Procedure in Nebraska
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Authors
Beerling, Mary K.
Issue Date
1982
Volume
15
Issue
Type
Journal Article
Language
Keywords
Alternative Title
Abstract
INTRODUCTION|During the survey period the Nebraska Unicameral passed L.B. 42, an important bill governing the procedure for appeals from county court and municipal court to district court. The bill amends or repeals several statutory sections which had previously governed appeals procedure, and seeks to make appellate practice between the various levels of courts in Nebraska more uniform. Significant changes are made in the basic appeals procedure, as well as in the probate area, where now there are optional transfer provisions from the county court to the district court. Another important change allows the small claims defendant to transfer the case to the regular docket of the county court in order to obtain a jury trial and the representation of an attorney. Other developments in civil procedure during the survey period included a bill that awards reasonable attorney fees to successful plaintiffs in mandamus actions, and a provision making a motion for a new trial unnecessary as a prerequisite for appellate review of errors occurring at trial. Finally, the Nebraska Supreme Court in Moackler v. Finley held that a court retains the authority at a later term to vacate or modify a judgment rendered during a previous term, if the motion to vacate was made during that original term...
Description
Citation
15 Creighton L. Rev. 147 (1981-1982)
Publisher
Creighton University School of Law