State Codes and Statutes

Statutes > Nebraska > Chapter25 > 25-410

25-410. Transfer of actions; clerk of transferor court; duties; clerkof transferee court; duties; certain support orders; how treated.(1) Forthe convenience of the parties and witnesses or in the interest of justice,a district court of any county,the transferor court, may transfer any civil action to the districtcourt of any other county in this state,the transferee court. The transfer may occur before or after the entry ofjudgment, and there shall be no additional fees required for the transfer.(2) To transfera civil action, the transferor court shall order transfer of the action tothe specific transferee court requested. The clerk of the transferor courtshall file with the transferee court within ten days after the entry of thetransfer order: Certification of the proceedings; all original documents ofthe action; certification of the transcript of docket entries; and certificationof the payment records of any judgment in the action maintained by the transferorcourt. (3) Upon the filing of such documents by the clerk of the transferorcourt, the clerk of the transferee court shall enter any judgment in the actionon the judgment record of the transferee court. The judgment, once filed andentered on the judgment record of the transferee court, shall be a lien onthe property of the debtor in any county in which such judgment is filed.Transfer of the action shall not change the obligations of the parties underany judgment entered in the action regardless of the status of the transfer.(4) If thetransferred civil action involves a support order that has payment recordsmaintained by the Title IV-D Division as defined in section 43-3341, the transferorcourt order shall notify the division to make the necessary changes in thesupport payment records. Support payments shall commence in the transfereecourt on the first day of the month following the order of transfer, paymentsmade prior to such date shall be considered payment on a judgment enteredby the transferor court, and payments made on and after such date shall beconsidered payment on a judgment entered by the transferee court. SourceR.S.1867, Code § 61, p. 402; G.S.1873, c. 57, § 61, p. 532; R.S.1913, § 7621; C.S.1922, § 8564; C.S.1929, § 20-410; R.S.1943, § 25-410; Laws 1971, LB 576, § 8; Laws 2010, LB712, § 1.Operative Date: July 15, 2010 Cross ReferencesFor disqualification of judge, see sections 24-723.01, 24-739, and 24-740. Annotations1. Abuse of discretion2. Bias or prejudice3. Authority to transfer actions1. Abuse of discretionWhere record does not show abuse of discretion, a ruling on motion to transfer hereunder will not be disturbed. Johnsen v. Parks, 189 Neb. 712, 204 N.W.2d 804 (1973).Failure to grant change of venue in equity case was immaterial on appeal, since case was for trial de novo in reviewing court. Lippincott v. Lippincott, 144 Neb. 486, 13 N.W.2d 721 (1944).Where only showing made in support of motion for change of venue is affidavit which was not offered in evidence and was not incorporated in bill of exceptions, error cannot be predicated on appeal from order overruling motion. Dunlap v. Loup River Public Power Dist., 136 Neb. 11, 284 N.W. 742 (1939).Supreme Court will not disturb ruling of lower court on motion for change of venue unless abuse of discretion is shown. Markel v. Glassmeyer, 132 Neb. 716, 273 N.W. 33 (1937).Ruling should not be disturbed on appeal unless discretion is abused. Boyd v. Chicago, B. & Q. R. R. Co., 97 Neb. 238, 149 N.W. 818 (1914).Unless abuse of discretion is shown, ruling on motion should not be disturbed. Hinton v. Atchison & Nebraska R. R. Co., 83 Neb. 835, 120 N.W. 431 (1909).2. Bias or prejudiceWhere fair and impartial trial cannot be had, court must change; if fair trial cannot be had in adjoining county, change should be made to other county in district. Gandy v. Bissell's Estate, 81 Neb. 102, 115 N.W. 571 (1908).Ruling will not be reversed unless prejudice is shown by clear and convincing evidence. State v. Smith, 77 Neb. 824, 110 N.W. 557 (1906).Judge is not disqualified to sit in contempt case to try violation of own order. Back v. State, 75 Neb. 603, 106 N.W. 787 (1906).Court on own motion cannot transfer case for trial to another county. Lefferts v. Bell, 57 Neb. 248, 77 N.W. 680 (1898).This section does not authorize district court, on its own motion, to order a change of venue. Fisk v. Thorpe, 51 Neb. 1, 70 N.W. 498 (1897).Bias or prejudice of judge preventing fair and impartial trial is ground for change. Le Hane v. State, 48 Neb. 105, 66 N.W. 1017 (1896).When it appears that a fair and impartial trial cannot be had where suit is pending, change of venue should be granted. Omaha S. Ry. Co. v. Todd, 39 Neb. 818, 58 N.W. 289 (1894).3. Authority to transfer actionsA court which never acquires jurisdiction permitting it to act has no authority to transfer venue. Jackson v. Jensen, 225 Neb. 671, 407 N.W.2d 758 (1987).