25-801.01. Rules of pleading; Supreme Court; promulgate.

159 words·~1 min read·/ne/chapter-25/25-801-01

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

(1)By January 1, 2003, the Supreme Court shall have rules of pleading in civil actions promulgated which are not in conflict with the statutes governing such matters.

(2)For all civil actions filed on or after January 1, 2003:

(a)The rules of pleading promulgated by the Supreme Court shall apply;

(b)The plaintiff's initial pleading shall be a petition when that designation is provided elsewhere by statutes. In all other civil actions the plaintiff's initial pleading shall be a complaint;

(c)The cross-petition, cross-bill, and cross-suit are abolished. Demurrers to a pleading and special appearances shall not be used. The plea in bar, plea in abatement, and other dilatory pleas shall not be used in civil actions; and

(d)All pleadings shall be construed as to do substantial justice.

Pleas in abatement are not provided for in civil actions. State ex rel. Comm. on Unauth. Prac. of Law v. Hansen, 286 Neb. 69, 834 N.W.2d 793 (2013).