Nebraska Revised Statute 25-2706

Chapter 25 Section 2706

25-2706.

County court; certify proceedings to district court; when; avoidance of county court jurisdiction; recovery of costs prohibited.

The county court shall certify proceedings to the district court of the county in which an action is pending (1) when the pleadings or discovery proceedings indicate that the amount in controversy is greater than the jurisdictional amount in subdivision (5) of section 24-517 and a party to the action requests the transfer or (2) when the relief requested is exclusively within the jurisdiction of the district court. The county court shall certify the proceedings to the district court and file the original papers of such action and a certified transcript of the docket entries with the clerk of the district court. The action shall then be tried and determined by the district court as if the proceedings were originally brought in such district court, except that no new pleadings need be filed unless ordered by the district court.

If it is determined, upon adjudication, that the allegations of either party to such action are asserted with the intention solely of avoiding the jurisdiction of the county court, the offending party shall not recover any costs in the county court or the district court.

Source

  • Laws 1983, LB 137, § 3;
  • Laws 1986, LB 750, § 2;
  • R.S.Supp.,1988, § 24-302.01;
  • Laws 1991, LB 422, § 2;
  • Laws 1993, LB 69, § 1;
  • Laws 2001, LB 269, § 2.

Annotations

  • This section does not require a district court to issue a new summons for service of process when an action has been certified to it from the county court under this section. Hunt v. Trackwell, 262 Neb. 688, 635 N.W.2d 106 (2001).

  • Plaintiff may not transfer jurisdiction of a case from county court to district court by simply filing the county court transcript in the district court. Collection Bureau of Grand Island, Inc. v. Fry, 9 Neb. App. 277, 610 N.W.2d 442 (2000).