Nebraska Revised Statute 25-21,206

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Chapter 25

25-21,206.

Actions against state; where brought; procedure; transfer of actions.

The state may be sued in the district court of Lancaster County in any matter founded upon or growing out of a contract, express or implied, originally authorized or subsequently ratified by the Legislature, or founded upon any law of the state. The complaint in such a case shall be as provided in section 25-21,202, summons shall issue and be served in the same manner as provided in section 25-21,203. The rules of pleading and practice in regard to other civil actions in the district court shall be observed in all actions by or against the state, as far as applicable except as otherwise provided in sections 25-21,201 to 25-21,218. If an action is commenced in a county other than as specified in this section or section 25-21,203, the court in which the action has been commenced shall have jurisdiction over such action, but upon timely motion by a defendant, the court shall transfer the action to the proper court in the county in which the action should or might have been commenced as provided in this section or section 25-21,203. The court in the county to which the action is transferred, in its discretion, may order the plaintiff to pay to the defendant all reasonable expenses, including attorney's fees of the defendant or defendants, incurred because of the improper venue or in proceedings to transfer such action.

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Annotations

  • This section expressly waives the State's sovereign immunity, but only if all requirements of the section are met. Burke v. Board of Trustees, 302 Neb. 494, 924 N.W.2d 304 (2019).

  • The waiver of immunity under this section is broad enough to encompass class action suits. Livengood v. Nebraska State Patrol Ret. Sys., 273 Neb. 247, 729 N.W.2d 55 (2007).

  • Where statutes provide an exclusive remedy against state and a particular forum for a judicial trial, one branch of Legislature alone cannot extend jurisdiction to another forum. Scotts Bluff County v. State, 133 Neb. 508, 276 N.W. 185 (1937).

  • Action against state based on contract must be brought in Lancaster County district court, and resolution of only one branch of Legislature cannot vest any other court with jurisdiction. McNeel v. State, 120 Neb. 674, 234 N.W. 786 (1931).

  • Allowance or disallowance of claim by Auditor of Public Accounts and Secretary of State may be reviewed by appeal to district court, pursuant to statutory requirements. Pickus v. State, 115 Neb. 869, 215 N.W. 129 (1927).

  • State may be sued in district court of county where Capital is located in matters founded on or growing out of contract, or founded on law. Peterson v. State, 113 Neb. 546, 203 N.W. 1002 (1925).