§ 25-2618.01 — Small Claims Court; jurisdiction; when; transfer limited; appeal

Nebraska § 25-2618.01

• Jurisdiction: Nebraska
• Ch. 25: Courts; Civil Procedure

Text

(a) Whenever the amount of a controversy subject to the terms of an otherwise valid arbitration agreement is within the jurisdiction of the Small Claims Court under section 25-2802 , a party may submit the controversy to the Small Claims Court for ultimate resolution under sections 25-2801 to 25-2807 .
(b) A controversy submitted to the Small Claims Court under this section shall not be transferred to the regular docket of the county court under section 25-2805 .
(c) In all appeals involving cases submitted under subsection (a) of this section, the judgment shall be affirmed unless:
(i) The judgment was procured by corruption, fraud, or other undue means;
(ii) There was evident partiality or corruption by the judge or misconduct prejudicing the rights of any party;
(iii) The judge exceeded his or her powers;
(iv) The judge refused to postpone the trial upon sufficient cause being shown therefor, refused to hear evidence material to the controversy, or otherwise so conducted the hearing, contrary to the provisions of section 25-2606 , as to prejudice substantially the rights of a party;
(v) There was no arbitration agreement and the issue was not adversely determined in proceedings under section 25-2603 , and the party did not participate in the Small Claims Court hearing without raising the objection; or
(vi) The judge was subject to disqualification and failed, upon receipt of timely demand, to disqualify himself or herself as required by law.

Legislative History

Source: Laws 1997, LB 151, § 8.