25-1804. Award of fees and expenses against state; conditions; application.

255 words·~1 min read·/ne/chapter-25/25-1804

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

(1)A party seeking an award for fees and other expenses pursuant to sections 25-1802 to 25-1807 shall, not later than thirty days after the entry of the final judgment in the action, submit to the court an application which provides evidence of eligibility for an award pursuant to such sections and which specifies the amount sought. If the amount sought includes an attorney's fee or the fee for an expert witness, the application shall include an itemized statement for each such fee indicating the actual time expended in service to the applicant and the rate at which the fees were computed.

(2)Notwithstanding any other provision of such sections, fees and other expenses shall be awarded as provided in such sections only to those prevailing parties who are:

(a)Natural persons;

(b)Political subdivisions; or

(c)A sole proprietorship, partnership, limited liability company, corporation, association, or public or private organization:

(i)That had an average daily employment of fifty persons or less for the twelve months preceding the filing of such action; and

(ii)Whose gross receipts for the twelve-month period preceding the filing of the action was two million dollars or less or whose average gross receipts for the three twelve-month periods preceding the filing of such appeal pursuant to the Administrative Procedure Act was two million dollars or less, whichever amount is greater.

Attorney fees may be awarded under this section only in legal and administrative proceedings initiated after July 17, 1982. Drinkwine v. Flebbe, 219 Neb. 291, 363 N.W.2d 152 (1985).