15-1202. Appeal; procedure; fees; bond; indigent appellant.

516 words·~2 min read·/ne/chapter-15/15-1202

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(1)The party appealing any final order or decision as provided in section 15-1201 shall within thirty days after the date of the order or decision complained of

(a)file a notice of appeal with the city clerk of the city of the primary class specifying the parties taking the appeal and the order or decision appealed from and serve a copy of the notice upon the city attorney and

(b)deposit the fees and bond or undertaking required pursuant to subsection

(2)of this section or file an affidavit pursuant to subsection

(3)of this section. The notice of appeal shall serve as a praecipe for a transcript.

(2)Except as provided in subsection

(3)of this section, the appellant shall:

(a)Deposit with the city clerk a docket fee of the district court for cases originally commenced in district court;

(b)Deposit with the city clerk a cash bond or undertaking with at least one good and sufficient surety approved by the city clerk, in the amount of two hundred dollars, on condition that the appellant will satisfy any judgment and costs that may be adjudged against him or her; and

(c)Deposit with the city clerk the fees for the preparation of a certified and complete transcript of the proceedings of the city relating to the order or decision appealed.

(3)(a) An appellant may file with the city clerk an affidavit alleging that the appellant is indigent. The filing of such an affidavit shall relieve the appellant of the duty to deposit any fee, bond, or undertaking required by subsection

(2)of this section as a condition for the preparation of the transcript or the perfecting of the appeal by the appellant subject to the determination of the court as provided in section 15-1204 . In conjunction with the filing of the petition for appeal as provided for in section 15-1204 , the appellant shall file a copy of the affidavit alleging his or her indigency and the district court shall rule upon the issue of indigency prior to the consideration of any other matter relating to the appeal as provided in section 15-1204 .

(b)An appellant determined to be indigent under this subsection shall not be required to deposit any fee, bond, or undertaking required by subsection

(2)of this section. For purposes of this section, indigent means the inability to financially pursue the appeal without prejudicing the appellant's ability to provide economic necessities for the appellant or the appellant's family.

(c)An appellant determined not to be indigent shall, within thirty days after the determination, deposit with the city clerk the fees and bond or undertaking required by subsection

(2)of this section. The appeal shall not proceed further until the city clerk notifies the court that the appropriate deposit has been made.

The time for appeal under this section begins to run as of the date the administrative body votes on the action to be taken, rather than the date on which the body finalizes its order. McCorison v. City of Lincoln, 218 Neb. 827, 359 N.W.2d 775 (1984).