Upon appeal from the district court, the party appealing may order a bill of exceptions by filing in the office of the clerk of the district court a praecipe therefor within the time allowed for filing a notice of appeal. The procedure for preparation, settlement, signature, allowance, certification, filing, and amendment of the bill of exceptions shall be regulated and governed by rules of practice prescribed by the Supreme Court.
Notes of Decisions
Cited in
49
cases (
9 in the last 5 years), 1946–2026 · leading case:
State v. Saylor, 883 N.W.2d 334 (Neb. 2016).
State v. Saylor, 883 N.W.2d 334 (Neb. 2016).
· cites it 2× “The bill of exceptions reflects that although Saylor offered and the district court received the clerk’s transcript from the original trial, only a photocopy of the front page is before us.”
State v. Dunster, 631 N.W.2d 879 (Neb. 2001).
· cites it 2× “Generally speaking, the party bringing the appeal has the responsibility to include within the bill of exceptions matters from the record which the party believes are material to the issues presented for review.”
State ex rel. Line v. Kuhlman, 94 N.W.2d 373 (Neb. 1959).
· cites it 8× “By the provisions of section 25-1140, R. R. S. 1943, the bill of exceptions must be reduced to writing within 40 days from the time notice of appeal is filed with *677 the clerk of the district court unless extended as provided in section 25-1140.”
Bohling v. Bohling, 937 N.W.2d 855 (Neb. 2020).
· cites it 2× “But this should not be read to suggest that offering an exhibit is a proper occasion for the exercise of judicial notice.”
Onstot v. Onstot, 906 N.W.2d 300 (Neb. 2018).
· cites it 2× “10 See, Neb. Rev. Stat. § 25-1140 (Reissue 2016); State v.”
State v. Malone, 957 N.W.2d 892 (Neb. 2021).
· cites it 2× “[8,9] Indeed, the authority cited by Malone in his application for remand did not allow for the procedure he requested.”
William P. v. Jamie P., 984 N.W.2d 285 (Neb. 2023).
· cites it 2× “§ 25-1140 (Reissue 2016). When there is no bill of exceptions, we examine and consider only the pleadings in conjunction with the judgment reviewed.”
State v. Biernacki, 465 N.W.2d 732 (Neb. 1991).
· cites it 2× “Neb. Rev. Stat. § 25-1140 (Reissue 1989); State v.”
State ex. rel. Malone v. Baldonado-Bellamy, 950 N.W.2d 81 (Neb. 2020).
· cites it 2× “The court stated that such rules included a uniform set of procedures for the judge, counsel, parties, and nonparties to request the court reporter to prepare a transcript of any proceeding or, for purposes of an appeal, a bill of exceptions.”
State v. Blue, 391 N.W.2d 102 (Neb. 1986).
· cites it 3× “Neb. Rev. Stat. § 25-1140 (Reissue 1985) and Neb.”
State v. Williams, 530 N.W.2d 904 (Neb. 1995).
· cites it 2× “See, also, Neb. Rev. Stat. § 25-1140 (Cum. Supp. 1994).”
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