24-312. District judges; interchange; appointment of county judge to act; when; effect; reassignment of cases.
587 words·~3 min read·
/ne/chapter-24/24-312A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(1)The district judges may interchange and hold each other's court. Whenever it shall appear by affidavit, to the satisfaction of any district judge in the state, that the judge of any other district is unable to act, on account of sickness, interest, or absence from the district or from any other cause, the judge to whom application may be made shall have power to make any order or do any act relative to any suit, judicial matter, or proceeding or to any special matter arising within the district where such vacancy or disability exists which the judge of such district court could make or do. The order or act shall have the same effect as if made or done by the judge of such district.
(2)A district judge may appoint by order a consenting county judge residing in the district to act as a district judge in specific instances on any matter over which the district court has determined that it has jurisdiction over the parties and subject matter, except appeals from the county court. The appointed county judge shall have power to make any order or do any act relative to any suit, judicial matter, or proceeding or to any special matter which the district judge of such district could make or do if
(a)all parties have consented to the appointment or
(b)no party has objected to the appointment within ten days after service of the order of appointment upon him or her, except that in any domestic relations matter as defined in section 25-2740 or Class IV felony case, consent shall not be required and a party shall not have the right to object to the appointment of a county judge to act as a district judge. Any order or act by the county judge after appointment shall have the same effect as if made or done by the district judge of such district. A copy of the order of appointment shall be filed in each action in which a county judge acts as a district judge.
(3)In an effort to more efficiently administer the caseload, the presiding judges of the district court and county court in each judicial district may assign between the courts cases involving domestic relations matters as defined in section 25-2740 and Class IV felony cases. The presiding judges shall annually review the caseload of the two benches and determine whether to reassign cases involving domestic relations matters as defined in section 25-2740 and Class IV felony cases. The consent of the parties shall not be required for such cases, and such cases shall remain filed in the court where they were originally filed. The annual plan on the case assignments shall be sent to the Supreme Court, and if the presiding judges cannot agree on a plan, the matter shall be forwarded to the Supreme Court for resolution.
Jurisdiction under subsection
(3)of this section is separate from the invocation of jurisdiction under section 25-2740. Mahmood v. Mahmud, 279 Neb. 390, 778 N.W.2d 426 (2010).
A specific disqualification for prejudice is not enumerated herein. State v. Smith, 77 Neb. 824, 110 N.W. 557 (1906).
Inability or request of regular judge is presumed. Cox & Cornell v. Peoria Mfg. Co., 42 Neb. 660, 60 N.W. 933 (1894).
Judges may hold court for each other. Drake v. State, 14 Neb. 535, 17 N.W. 117 (1883).
If judge is not unable to act, injunction by judge of another district is void. Ellis v. Karl, 7 Neb. 381 (1878).