State Codes and Statutes

State Codes and Statutes

Statutes > Nebraska > Chapter87 > 87-303_12

87-303.12. Copy of pleadings, orders, judgments,and notices; provided to Attorney General; right to intervene.(1) A partyfiling a petition, counterclaim, cross-petition, or pleading in interventionalleging a violation under the Uniform Deceptive Trade Practices Act, withinseven days following the date of filing such pleading, shall provide a copyto the Attorney General and, within seven days following entry of any finaljudgment in the action, shall provide a copy of the judgment to the AttorneyGeneral. This subsection does not apply to Small Claims Court actions, exceptas provided in subsection (2) of this section.(2) A partyappealing a Small Claims Court order or judgment to district court involvingan issue raised under the act, within seven days of providing notice of theappeal, shall notify the Attorney General in writing and provide a copy ofthe pleading raising the issue and a copy of the Small Claims Court orderor judgment.(3) A party appealing an order or judgment involving an issue raisedunder the act, within seven days following the date such notice of appealis filed with the court, shall notify the Attorney General in writing andprovide a copy of the pleading raising the issue and a copy of the court orderor judgment being appealed.(4) Upon timely application to the courtin which an action involving an issue raised under the act is pending, theAttorney General may intervene as a party at any time or may be heard at anytime. The Attorney General's failure to intervene shall not preclude the AttorneyGeneral from bringing a separate enforcement action.(5) All copies of pleadings,orders, judgments, and notices required by this section to be sent to theAttorney General shall be sent by certified mail unless the Attorney Generalhas previously been provided such copies of the pleadings, orders, judgments,or notices in the same action by certified mail, in which case subsequentmailings may be made by regular mail. Failure to provide the required mailingsto the Attorney General shall not be grounds for dismissal of an action underthe act, but may be grounds for a subsequent action by the Attorney Generalto vacate or modify the judgment. SourceLaws 2010, LB801, § 4.Effective Date: July 15, 2010