§ 24-303 — Terms of court; when fixed; where held; assignment of judges by Supreme Court; telephonic or videoconference hearing; authorized

Nebraska § 24-303

• Jurisdiction: Nebraska
• Ch. 24: Courts

Text

(1) The judges of the district court shall, the last two months in each year, fix the time of holding terms of court in the counties composing their respective districts during the ensuing year, and cause the same to be published throughout the district, if the same can be done without expense. All jury terms of the district court shall be held at the county seat in the courthouse, or other place provided by the county board, but nothing herein contained shall preclude the district court, or a judge thereof, from rendering a judgment or other final order or from directing the entry thereof in any cause, in any county other than where such cause is pending, where the trial or hearing upon which such judgment or other final order is rendered took place in the county in which such cause is pending. Terms of court may be held at the same time in different counties in the same judicial district, by the judge of the district court thereof, if there be more than one, and upon request of the judge or judges of such court, any term in such district may be held by a judge of the district court of any other district of the state. The Supreme Court may order the assignment of judges of the district court to other districts whenever it shall appear that their services are needed to relieve a congested trial docket or to adjust judicial case loads, or on account of the disqualification, absence, disability, or death of a judge, or for other adequate cause. When necessary, a term of the district court sitting in any county may be continued into and held during the time fixed for holding such court in any other county within the district, or may be adjourned and held beyond such time.
(2) All nonevidentiary hearings, and any evidentiary hearings approved by the district court and by stipulation of all parties that have filed an appearance, may be heard by the court telephonically or by videoconferencing or similar equipment at any location within the judicial district as ordered by the court and in a manner that ensures the preservation of an accurate record. Such hearings shall not include trials before a jury. Hearings conducted in this manner shall be consistent with the public's access to the courts.

Legislative History

Source: Laws 1879, § 42, p. 91; Laws 1885, c. 45, § 1, p. 242; R.S.1913, § 1162; C.S.1922, § 1085; C.S.1929, § 27-303; Laws 1935, c. 58, § 1, p. 213; C.S.Supp.,1941, § 27-303; R.S.1943, § 24-303; Laws 1955, c. 79, § 1, p. 235; Laws 1961, c. 102, § 1, p. 333; Laws 2008, LB1014, § 1; Laws 2018, LB193, § 4. Annotations: 1. Terms of court 2. Court held in district by another judge 3. Miscellaneous 1. Terms of court Unless otherwise provided by order of the district court, a term of court begins on January 1 of the given year and ends on December 31 of that same year. Therefor, the action of the trial court in vacating its former judgment and granting a new trial was done during the term of the court and pursuant to its own authority. In re Estate of Weinberger, 207 Neb. 711, 300 N.W.2d 818 (1981). Judges of district court are required to fix time of holding terms of court in counties within their districts. Krieger v. Schroeder, 165 Neb. 657, 87 N.W.2d 367 (1957). Statute does not require that terms of court be fixed finally and absolutely on first day of January. Wilcox v. State, 119 Neb. 422, 229 N.W. 269 (1930). Terms of court fixed by district judge have the same validity as if definitely fixed by statute. Glebe v. State, 106 Neb. 251, 183 N.W. 295 (1921). Judge may, for sufficient reason, adjourn term without day. Russell v. State, 77 Neb. 519, 110 N.W. 380 (1906). First day of term is when the judge is present and ready to transact business. Parrott v. Wolcott, 75 Neb. 530, 106 N.W. 607 (1906). Terms of court may be held in different counties of same district at same time. Tippy v. State, 35 Neb. 368, 53 N.W. 208 (1892). 2. Court held in district by another judge Request need not be in writing to enable a district judge of one district to hold court in any other district. Iron Bear v. Jones, 149 Neb. 651, 32 N.W.2d 125 (1948). Request by one district judge to another to try case need not be in writing. Maher v. State, 144 Neb. 463, 13 N.W.2d 641 (1944). District judges may hold court for each other. Rhodes v. Van Steenberg, 225 F.Supp. 113 (D. Neb. 1963). 3. Miscellaneous A district court possesses jurisdiction only so long as it is holding court in conformity with the law; and when, without excuse, it disregards the law and attempts to hold court in any other place than that prescribed by statute, its acts become coram non judice. Burns v. Burns, 296 Neb. 184, 892 N.W.2d 135 (2017). All nonjury trials and hearings, except those conducted pursuant to subsection (2) of this section, must take place in the county in which the cause is pending. Burns v. Burns, 296 Neb. 184, 892 N.W.2d 135 (2017). Without a written stipulation of the parties, a district judge can hear application to modify an award of child support in county where the proceeding is pending, only. Hanson v. Hanson, 195 Neb. 836, 241 N.W.2d 131 (1976). Purpose of 1935 amendment was to remove any statutory impediment to exercise of powers in chambers. Mueller v. Keeley, 163 Neb. 613, 80 N.W.2d 707 (1957). Criminal trials must be held in courtroom provided by county board. It is not proper to adjourn court from courtroom to theatre. Roberts v. State, 100 Neb. 199, 158 N.W. 930 (1916). A judgment rendered at place not authorized is void. Shold v. Van Treeck, 82 Neb. 99, 117 N.W. 113 (1908).