evidence admitted hearing in Nebraska

38 Nebraska opinions name it 2 courts 2003–2026 11 in the last five years

The cases below were cited by Nebraska courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (1)

Case	Followed	Cited
Controlled Environments Construction, Inc. v. Key Industrial Refrigeration Co.green neb · 2003 · cited in 1 Nebraska opinions naming this issue, 2025–2025 2 sentences 2025In connection with a motion for summary judgment, “unless the evidence is marked, offered, and received, it does not become part of the record and cannot be considered by the trial court as evidence in the case.” Id. at 944 , 670 N.W.2d at 785 (emphasis in original). 2025In connection with a motion for summary judgment, “unless the evidence is marked, offered, and received, it does not become part of the record and cannot be considered by the trial court as evidence in the case.” Id. at 944 , 670 N.W.2d at 785 (emphasis in original).	1	1

Distinguished, questioned or overruled (0)

Case	Negative	Cited
No negative-treatment citations attached to this issue in Nebraska. Read the followed side critically anyway.

Also cited on this issue (26)

Case	Cited	Years
Bennett v. Labenz green neb · 2003 2 sentences 2007Bennett v. Labenz, 265 Neb. 750 , 659 N.W.2d 339 (2003). 2007Bennett v. Labenz, 265 Neb. 750 , 659 N.W.2d 339 (2003).	10	2003–2007
Hamilton v. Nestor green neb · 2003 2 sentences 2004Hamilton v. Nestor, 265 Neb. 757 , 659 N.W.2d 321 (2003); Bennett v. Labenz, 265 Neb. 750 , 659 N.W.2d 339 (2003). 2004Hamilton v. Nestor, 265 Neb. 757 , 659 N.W.2d 321 (2003); Bennett v. Labenz, 265 Neb. 750 , 659 N.W.2d 339 (2003).	5	2003–2004
Richards v. Meeske green neb · 2004 2 sentences 2023Ctr., 304 Neb. 312 , 934 N.W.2d 186 (2019); Hughes v. School Dist. of Aurora, 290 Neb. 47 , 858 N.W.2d 590 (2015); Richards v. Meeske, 268 Neb. 901 , 689 N.W.2d 337 (2004); Rush v. Wilder, 263 Neb. 910 , 644 N.W.2d 151 (2002). 8 § 25-1332(1). 9 Id. 10 See, e.g., Porter, supra note 7 ; Wintroub v. Nationstar Mortgage, 303 Neb. 15 , 927 N.W.2d 19 (2019). - 60 - Nebraska Supreme Court Advance Sheets 314 Nebraska Reports CLARK V. 2023Ctr., 304 Neb. 312 , 934 N.W.2d 186 (2019); Hughes v. School Dist. of Aurora, 290 Neb. 47 , 858 N.W.2d 590 (2015); Richards v. Meeske, 268 Neb. 901 , 689 N.W.2d 337 (2004); Rush v. Wilder, 263 Neb. 910 , 644 N.W.2d 151 (2002). 8 § 25-1332(1). 9 Id. 10 See, e.g., Porter, supra note 7 ; Wintroub v. Nationstar Mortgage, 303 Neb. 15 , 927 N.W.2d 19 (2019). - 60 - Nebraska Supreme Court Advance Sheets 314 Nebraska Reports CLARK V.	4	2005–2023
Kaiser v. Allstate Indemnity Co. green neb · 2020 2 sentences 2021STANDARD OF REVIEW [1] Summary judgment is proper when the pleadings and the evidence admitted at the hearing disclose that there is no genuine issue as to any material fact or as to the ultimate infer- ences that may be drawn from those facts and that the moving party is entitled to judgment as a matter of law. 1 [2-4] In proceedings where the Nebraska Evidence Rules apply, the admissibility of evidence is controlled by these rules; judicial discretion is involved only when the rules make discretion a factor in determining admissibility. 2 The exercise of judicial discretion is implicit in d 2021STANDARD OF REVIEW [1] Summary judgment is proper when the pleadings and the evidence admitted at the hearing disclose that there is no genuine issue as to any material fact or as to the ultimate infer- ences that may be drawn from those facts and that the moving party is entitled to judgment as a matter of law. 1 [2-4] In proceedings where the Nebraska Evidence Rules apply, the admissibility of evidence is controlled by these rules; judicial discretion is involved only when the rules make discretion a factor in determining admissibility. 2 The exercise of judicial discretion is implicit in d	4	2021–2021
Dondlinger v. Nelson green neb · 2020 2 sentences 2021Dondlinger v. Nelson, 305 Neb. 894 , 942 N.W.2d 772 (2020). 2020STANDARDS OF REVIEW [1,2] Summary judgment is proper when the pleadings and the evidence admitted at the hearing disclose that there is no genuine issue as to any material fact or as to the ultimate inferences that may be drawn from those facts and that the - 899 - Nebraska Supreme Court Advance Sheets 305 Nebraska Reports DONDLINGER v. NELSON Cite as 305 Neb. 894 moving party is entitled to judgment as a matter of law.	3	2020–2021
Meyer Natural Foods LLC v. Greater Omaha Packing Co. green neb · 2019 2 sentences 2021Meyer Natural Foods v. Greater Omaha Packing Co., 302 Neb. 509 , 925 N.W.2d 39 (2019). 2021Meyer Natural Foods v. Greater Omaha Packing Co., 302 Neb. 509 , 925 N.W.2d 39 (2019).	3	2020–2021
Zannini v. Ameritrade Holding Corp. green neb · 2003 2 sentences 2026Zannini v. Ameritrade Holding Corp., 266 Neb. 492 , 667 N.W.2d 222 (2003). 2026Zannini v. Ameritrade Holding Corp., 266 Neb. 492 , 667 N.W.2d 222 (2003).	2	2004–2026
Humphrey v. Smith green neb · 2022 2 sentences 2026Humphrey v. Smith, 311 Neb. 632 , 974 N.W.2d 293 (2022). 2026Humphrey v. Smith, 311 Neb. 632 , 974 N.W.2d 293 (2022).	2	2023–2026
Rush v. Wilder green neb · 2002 2 sentences 2023Ctr., 304 Neb. 312 , 934 N.W.2d 186 (2019); Hughes v. School Dist. of Aurora, 290 Neb. 47 , 858 N.W.2d 590 (2015); Richards v. Meeske, 268 Neb. 901 , 689 N.W.2d 337 (2004); Rush v. Wilder, 263 Neb. 910 , 644 N.W.2d 151 (2002). 8 § 25-1332(1). 9 Id. 10 See, e.g., Porter, supra note 7 ; Wintroub v. Nationstar Mortgage, 303 Neb. 15 , 927 N.W.2d 19 (2019). - 60 - Nebraska Supreme Court Advance Sheets 314 Nebraska Reports CLARK V. 2023Ctr., 304 Neb. 312 , 934 N.W.2d 186 (2019); Hughes v. School Dist. of Aurora, 290 Neb. 47 , 858 N.W.2d 590 (2015); Richards v. Meeske, 268 Neb. 901 , 689 N.W.2d 337 (2004); Rush v. Wilder, 263 Neb. 910 , 644 N.W.2d 151 (2002). 8 § 25-1332(1). 9 Id. 10 See, e.g., Porter, supra note 7 ; Wintroub v. Nationstar Mortgage, 303 Neb. 15 , 927 N.W.2d 19 (2019). - 60 - Nebraska Supreme Court Advance Sheets 314 Nebraska Reports CLARK V.	1	2023–2023
Porter v. Knife River, Inc. green neb · 2022 2 sentences 2023Regarding the former, the statute pro- vides, “The evidence that may be received on a motion for summary judgment includes depositions, answers to interroga- tories, admissions, stipulations, and affidavits.” 8 Regarding the latter, the statute provides that summary judgment “shall be rendered forthwith if the pleadings and the evidence admitted at the hearing show that there is no genuine dispute as to any material fact and that the moving party is entitled to a judg- ment as a matter of law.” 9 [3,4] Consistent with these statutory provisions, our cases have long held that summary judgment i 2023Regarding the former, the statute pro- vides, “The evidence that may be received on a motion for summary judgment includes depositions, answers to interroga- tories, admissions, stipulations, and affidavits.” 8 Regarding the latter, the statute provides that summary judgment “shall be rendered forthwith if the pleadings and the evidence admitted at the hearing show that there is no genuine dispute as to any material fact and that the moving party is entitled to a judg- ment as a matter of law.” 9 [3,4] Consistent with these statutory provisions, our cases have long held that summary judgment i	1	2023–2023
Wintroub v. Nationstar Mortg. LLC green neb · 2019 2 sentences 2023Ctr., 304 Neb. 312 , 934 N.W.2d 186 (2019); Hughes v. School Dist. of Aurora, 290 Neb. 47 , 858 N.W.2d 590 (2015); Richards v. Meeske, 268 Neb. 901 , 689 N.W.2d 337 (2004); Rush v. Wilder, 263 Neb. 910 , 644 N.W.2d 151 (2002). 8 § 25-1332(1). 9 Id. 10 See, e.g., Porter, supra note 7 ; Wintroub v. Nationstar Mortgage, 303 Neb. 15 , 927 N.W.2d 19 (2019). - 60 - Nebraska Supreme Court Advance Sheets 314 Nebraska Reports CLARK V. 2023Ctr., 304 Neb. 312 , 934 N.W.2d 186 (2019); Hughes v. School Dist. of Aurora, 290 Neb. 47 , 858 N.W.2d 590 (2015); Richards v. Meeske, 268 Neb. 901 , 689 N.W.2d 337 (2004); Rush v. Wilder, 263 Neb. 910 , 644 N.W.2d 151 (2002). 8 § 25-1332(1). 9 Id. 10 See, e.g., Porter, supra note 7 ; Wintroub v. Nationstar Mortgage, 303 Neb. 15 , 927 N.W.2d 19 (2019). - 60 - Nebraska Supreme Court Advance Sheets 314 Nebraska Reports CLARK V.	1	2023–2023
Williamson v. Bellevue Med. Ctr. neutral neb · 2019 1 sentence 2023Ctr., 304 Neb. 312 , 934 N.W.2d 186 (2019); Hughes v. School Dist. of Aurora, 290 Neb. 47 , 858 N.W.2d 590 (2015); Richards v. Meeske, 268 Neb. 901 , 689 N.W.2d 337 (2004); Rush v. Wilder, 263 Neb. 910 , 644 N.W.2d 151 (2002). 8 § 25-1332(1). 9 Id. 10 See, e.g., Porter, supra note 7 ; Wintroub v. Nationstar Mortgage, 303 Neb. 15 , 927 N.W.2d 19 (2019). - 60 - Nebraska Supreme Court Advance Sheets 314 Nebraska Reports CLARK V.	1	2023–2023
Hughes v. School Dist. of Aurora green neb · 2015 1 sentence 2023Ctr., 304 Neb. 312 , 934 N.W.2d 186 (2019); Hughes v. School Dist. of Aurora, 290 Neb. 47 , 858 N.W.2d 590 (2015); Richards v. Meeske, 268 Neb. 901 , 689 N.W.2d 337 (2004); Rush v. Wilder, 263 Neb. 910 , 644 N.W.2d 151 (2002). 8 § 25-1332(1). 9 Id. 10 See, e.g., Porter, supra note 7 ; Wintroub v. Nationstar Mortgage, 303 Neb. 15 , 927 N.W.2d 19 (2019). - 60 - Nebraska Supreme Court Advance Sheets 314 Nebraska Reports CLARK V.	1	2023–2023
Arens v. NEBCO, Inc. green neb · 2015 1 sentence 2021STANDARD OF REVIEW [1] Summary judgment is proper when the pleadings and the evidence admitted at the hearing disclose that there is no genuine issue as to any material fact or as to the ultimate infer- ences that may be drawn from those facts and that the moving party is entitled to judgment as a matter of law. 1 [2-4] In proceedings where the Nebraska Evidence Rules apply, the admissibility of evidence is controlled by these rules; judicial discretion is involved only when the rules make discretion a factor in determining admissibility. 2 The exercise of judicial discretion is implicit in d	1	2021–2021
Brown v. Morello green neb · 2021 1 sentence 2021STANDARD OF REVIEW [1] Summary judgment is proper when the pleadings and the evidence admitted at the hearing disclose that there is no genuine issue as to any material fact or as to the ultimate infer- ences that may be drawn from those facts and that the moving party is entitled to judgment as a matter of law. 1 [2-4] In proceedings where the Nebraska Evidence Rules apply, the admissibility of evidence is controlled by these rules; judicial discretion is involved only when the rules make discretion a factor in determining admissibility. 2 The exercise of judicial discretion is implicit in d	1	2021–2021
Arnold v. Walz green neb · 2020 2 sentences 2020As both parties and both parties’ experts testified, the cause of loss was “methamphetamine vapor” and “methamphetamine 35 Arnold v. Walz, 306 Neb. 179 , 944 N.W.2d 747 (2020). 36 Id. - 580 - Nebraska Supreme Court Advance Sheets 307 Nebraska Reports KAISER v. ALLSTATE INDEMNITY CO. 2020As both parties and both parties’ experts testified, the cause of loss was “methamphetamine vapor” and “methamphetamine 35 Arnold v. Walz, 306 Neb. 179 , 944 N.W.2d 747 (2020). 36 Id. - 580 - Nebraska Supreme Court Advance Sheets 307 Nebraska Reports KAISER v. ALLSTATE INDEMNITY CO.	1	2020–2020
Clarke v. First Nat. Bank of Omaha green neb · 2017 2 sentences 2020Bank of Omaha, 296 Neb. 632 , 895 N.W.2d 284 (2017). [2,3] Summary judgment is proper when the pleadings and the evidence admitted at the hearing disclose that there is no genuine issue as to any material fact or as to the ultimate inferences that may be drawn from those facts and that the moving party is entitled to judgment as a matter of law. 2020Bank of Omaha, 296 Neb. 632 , 895 N.W.2d 284 (2017). [2,3] Summary judgment is proper when the pleadings and the evidence admitted at the hearing disclose that there is no genuine issue as to any material fact or as to the ultimate inferences that may be drawn from those facts and that the moving party is entitled to judgment as a matter of law.	1	2020–2020
Bohling v. Bohling green neb · 2020 1 sentence 2020Ctr., ante p. 312, 934 N.W.2d 186 (2019). - 973 - Nebraska Supreme Court Advance Sheets 304 Nebraska Reports BOHLING v. BOHLING Cite as 304 Neb. 968 and that the moving party is entitled to judgment as a matter of law.4 [3] Appellate review of a district court’s use of inherent power is for an abuse of discretion.5 ANALYSIS Summary Judgment A motion for summary judgment is to be granted “if the pleadings and the evidence admitted at the hearing show that there is no genuine dispute as to any material fact and that the moving party is entitled to a judgment as a matter of law.”6 “The evidence t	1	2020–2020
Welsch v. Graves green neb · 1998 2 sentences 2005Supp. 2004) provides, inter alia, that “judgment sought shall be rendered forthwith if the pleadings and the evidence admitted at the hearing show that there is no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law.” Because we have previously stated that the pleadings frame the issues to be considered on a motion for summary judgment, Welsch v. Graves, 255 Neb. 62 , 582 N.W.2d 312 (1998), we initially consider the allegations set forth in appellant’s complaint. 2005Supp. 2004) provides, inter alia, that “judgment sought shall be rendered forthwith if the pleadings and the evidence admitted at the hearing show that there is no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law.” Because we have previously stated that the pleadings frame the issues to be considered on a motion for summary judgment, Welsch v. Graves, 255 Neb. 62 , 582 N.W.2d 312 (1998), we initially consider the allegations set forth in appellant’s complaint.	1	2005–2005
Jensen v. Board of Regents of the University of Nebraska green neb · 2004 1 sentence 2004Jensen v. Board of Regents, ante p. 512, 684 N.W.2d 537 (2004).	1	2004–2004
Francis v. v. City of Columbus green neb · 2004 2 sentences 2004Francis v. City of Columbus, 267 Neb. 553 , 676 N.W.2d 346 (2004). 2004Francis v. City of Columbus, 267 Neb. 553 , 676 N.W.2d 346 (2004).	1	2004–2004
City of Lincoln v. PMI FRANCHISING, INC. neutral neb · 2004 2 sentences 2004City of Lincoln v. PMI Franchising, 267 Neb. 562 , 675 N.W.2d 660 (2004). 2004City of Lincoln v. PMI Franchising, 267 Neb. 562 , 675 N.W.2d 660 (2004).	1	2004–2004
Misle v. HJA, INC. green neb · 2004 1 sentence 2004Misle v. HJA, Inc., ante p. 375, 674 N.W.2d 257 (2004).	1	2004–2004
Day v. Heller green neb · 2002 2 sentences 2003Day v. Heller, 264 Neb. 934 , 653 N.W.2d 475 (2002). 2003Day v. Heller, 264 Neb. 934 , 653 N.W.2d 475 (2002).	1	2003–2003
Herrera v. Fleming Companies, Inc. green neb · 2003 1 sentence 2003Herrera v. Fleming Cos., ante p. 118, 655 N.W.2d 378 (2003).	1	2003–2003
In Re Estate of Pfeiffer neutral neb · 2003 1 sentence 2003In re Estate of Pfeiffer, ante p. 498, 658 N.W.2d 14 (2003).	1	2003–2003

Statutes the citing opinions construe

NE § Neb. Rev. Stat. § 25-1332 (8) NE § Neb. Rev. Stat. § 13-901 (3) NE § Neb. Rev. Stat. § 45-103.02 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

NE 38 (2003–2026) VA 34 (1993–2026) CT 21 (1994–2025) TX 17 (1972–2024) GA 9 (1988–2025) PA 6 (2007–2025) NJ 6 (2019–2025) OH 4 (2010–2026) IN 4 (1987–2018) CA 3 (1990–2015) WA 3 (1994–2018) MI 2 (2022–2022) NY 2 (2011–2024) IL 2 (2021–2023) OR 2 (2025–2025)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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