25-2743. Plaintiffs; certification of relief sought; applicability of laws and rules; jurisdictional amount; restriction on judgment; termination of proceedings; conditions; counterclaim.

352 words·~2 min read·/ne/chapter-25/25-2743

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

(1)Eligible plaintiffs may elect to proceed under the County Court Expedited Civil Actions Act by certifying that the relief sought meets the requirements of section 25-2742 . The certification must be on a form approved by the Supreme Court, signed by all plaintiffs and their attorneys, if represented, and filed with the complaint. The certification is not admissible to prove a plaintiff's damages in any proceeding.

(2)Except as otherwise specifically provided, the Nebraska laws and court rules that are applicable to civil actions are applicable to actions under the act.

(3)A party proceeding under the act may not recover a judgment in excess of the county court jurisdictional amount set forth in subdivision

(5)of section 24-517 , nor may a judgment be entered against a party in excess of such amount, excluding prejudgment interest that accrues after the filing date, postjudgment interest, and costs. The jury, if any, must not be informed of the county court jurisdictional amount. If the jury returns a verdict for damages in excess of the county court jurisdictional amount for or against a party, the court shall not enter judgment on that verdict in excess of such amount, exclusive of the prejudgment interest that accrues after the filing date, postjudgment interest, and costs.

(4)Upon timely application of any party, the county court may terminate application of the act and enter such orders as are appropriate under the circumstances if:

(a)The moving party makes a specific showing of substantially changed circumstances sufficient to render the application of the act unfair; or

(b)A party has in good faith filed a counterclaim that seeks relief other than that allowed under the act.

(5)A party may assert a counterclaim only if the counterclaim arises out of the same transaction or occurrence as the opposing party's claim. Any such counterclaim is subject to the county court jurisdictional limit on damages under the act, unless the court severs the counterclaim or certifies the action to district court pursuant to section 25-2706 on the grounds that the amount in controversy exceeds the county court jurisdictional limit.