33-103. Court of Appeals or Supreme Court; docketing and clerk's fees.
306 words·~1 min read·
/ne/chapter-33/33-103A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
At the time of filing an appeal, original action, or other proceeding in the Court of Appeals or Supreme Court there shall be paid to the clerk the sum of one hundred dollars as a docket fee. Fifty dollars of such fee shall be remitted to the State Treasurer for credit to the Nebraska Retirement Fund for Judges.
The clerk shall charge fees for copies of documents and certificates at the rate provided in section 25-1280 .
The payment of the fee to docket a petition for further review is mandated by this section and is therefore deemed jurisdictional. A petition for further review, albeit tendered to the Clerk of the Supreme Court within 30 days after the Nebraska Court of Appeals has issued its decision, is not properly filed unless and until the required docket fee is timely paid. Robertson v. Rose, 270 Neb. 466, 704 N.W.2d 227 (2005).
Pursuant to section 25-1912, an appellant must file his or her notice of appeal and deposit with the clerk of the district court the docket fee required by this section within 30 days of the entry of the order from which the appeal is taken. Martin v. McGinn, 267 Neb. 931, 678 N.W.2d 737 (2004).
Appeals under the Workmen's Compensation Law are exempt from the fee required by this section for docketing appeal. Scott v. Dohrse, 130 Neb. 847, 266 N.W. 709 (1936).
A trial court's order requiring a habeas petitioner to pay, in advance, fees to docket an appeal from the denial of a petition, did not comply with the statute requiring payment of fees in advance, except in habeas corpus proceedings, and the appellate rule that fees in habeas corpus proceedings be collected at the conclusion of the proceeding. Jones v. Nebraska Dept. of Corr. Servs., 21 Neb. App. 206, 838 N.W.2d 51 (2013).