§ 87-303.12 — Copy of pleadings, orders, judgments, and notices; provided to Attorney General; right to intervene

Nebraska § 87-303.12

• Jurisdiction: Nebraska
• Ch. 87: Trade Practices

Text

(1) A party
filing a petition, counterclaim, cross-petition, or pleading in intervention
alleging a violation under the Uniform Deceptive Trade Practices Act, within
seven days following the date of filing such pleading, shall provide a copy
to the Attorney General and, within seven days following entry of any final
judgment in the action, shall provide a copy of the judgment to the Attorney
General. This subsection does not apply to Small Claims Court actions, except
as provided in subsection (2) of this section.
(2) A party
appealing a Small Claims Court order or judgment to district court involving
an issue raised under the act, within seven days of providing notice of the
appeal, shall notify the Attorney General in writing and provide a copy of
the pleading raising the issue and a copy of the Small Claims Court order
or judgment.
(3) A party appealing an order or judgment involving an issue raised
under the act, within seven days following the date such notice of appeal
is filed with the court, shall notify the Attorney General in writing and
provide a copy of the pleading raising the issue and a copy of the court order
or judgment being appealed.
(4) Upon timely application to the court
in which an action involving an issue raised under the act is pending, the
Attorney General may intervene as a party at any time or may be heard at any
time. The Attorney General's failure to intervene shall not preclude the Attorney
General from bringing a separate enforcement action.
(5) All copies of pleadings,
orders, judgments, and notices required by this section to be sent to the
Attorney General shall be sent by certified mail unless the Attorney General
has previously been provided such copies of the pleadings, orders, judgments,
or notices in the same action by certified mail, in which case subsequent
mailings may be made by regular mail. Failure to provide the required mailings
to the Attorney General shall not be grounds for dismissal of an action under
the act, but may be grounds for a subsequent action by the Attorney General
to vacate or modify the judgment.

Legislative History

Source: Laws 2010, LB801, § 4.