Nebraska Statutes
§ 25-1285 — Judicial records of Nebraska and federal courts; how proved
Nebraska·Ch. 25 Courts; Civil Procedure
A judicial record of this state, or of any other federal court of the United States, may be proved by producing the original or a copy thereof, certified by the clerk or the clerk's designee or the person having the legal custody thereof, authenticated by his or her seal of office, if there is one.
Free access — add to your briefcase to read the full text and ask questions with AI
Nebraska § 25-1285 (Judicial records of Nebraska and federal courts; how proved) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.
Related
State v. Hall
708 N.W.2d 209 (Nebraska Supreme Court, 2005)
State v. Mangelsen
297 N.W.2d 765 (Nebraska Supreme Court, 1980)
State v. Linn
526 N.W.2d 683 (Nebraska Court of Appeals, 1995)
State v. Kowalski
332 N.W.2d 678 (Nebraska Supreme Court, 1983)
Legislative History
Source: R.S.1867, Code § 413, p. 462; R.S.1913, § 7978; C.S.1922, § 8919; C.S.1929, § 20-1285; R.S.1943, § 25-1285; Laws 2007, LB449, § 1.
Annotations: A certified copy of judgment of prior conviction in any federal court or in a court of this state is sufficient proof thereof. State v. Micek, 193 Neb. 379, 227 N.W.2d 409 (1975). Judgment of justice, including copy of complaint embodied therein, was established by competent proof. Osborne v. State, 115 Neb. 65, 211 N.W. 179 (1926). Judicial record, if properly certified, is admissible to prove its own existence. Sheibley v. Fales, 81 Neb. 795, 116 N.W. 1035 (1908). Orders or judgments of court of general jurisdiction may be pleaded without alleging jurisdictional facts. Lear v. Brown County, 77 Neb. 230, 109 N.W. 174 (1906). Records of sister state may be examined to determine court's jurisdiction. Fall v. Fall, 75 Neb. 104, 106 N.W. 412 (1905), judgment vacated 75 Neb. 120, 113 N.W. 175 (1907). Transcript of proceedings, duly certified, of United States court, is competent evidence, though presiding judge failed to sign journal. Stacks v. Crawford, 63 Neb. 662, 88 N.W. 852 (1902). Recitals in judgment record kept by clerk of district court of transcript from county court are not competent to prove judgment. Burge v. Gandy, 41 Neb. 149, 59 N.W. 359 (1894).
Nearby Sections
15
§ 25-1001
Attachment; grounds§ 25-1006
Attachment; order; return day§ 25-101
Civil action§ 25-1012
Repealed. Laws 1980, LB 597, § 18§ 25-1012.01
Garnishment; public officers and employees