The county court shall certify proceedings to the district court of the county in which an action is pending (1) when the pleadings or discovery proceedings indicate that the amount in controversy is greater than the jurisdictional amount in subdivision (5) of section 24-517 and a party to the action requests the transfer or (2) when the relief requested is exclusively within the jurisdiction of the district court. The county court shall file a certification of the case file and costs with the district court within ten days after entry of the transfer order. The action shall then be tried and determined by the district court as if the proceedings were originally brought in such district court, except that no new pleadings need be filed unless ordered by the district court.
If it is determined, upon adjudication, that the allegations of either party to such action are asserted with the intention solely of avoiding the jurisdiction of the county court, the offending party shall not recover any costs in the county court or the district court.
Notes of Decisions
Cited in
5
cases, 1992–2020 · leading case:
Hunt v. Trackwell, 635 N.W.2d 106 (Neb. 2001).
Hunt v. Trackwell, 635 N.W.2d 106 (Neb. 2001).
· cites it 10× “Under Neb. Rev. Stat. § 25-2706 (Reissue 1995), a county court shall certify a proceeding to the district court when the pleadings or discovery indicates the amount in controversy may exceed $15,000.”
Collection Bureau of Grand Island, Inc. v. Fry, 610 N.W.2d 442 (Neb. Ct. App. 2000).
· cites it 9× “After the pleadings were completed in the county court, Collection Bureau filed a document purporting to transfer the case to district court, pursuant to Neb. Rev. Stat. § 25-2706 (Reissue 1995), upon the basis that the county court lacked jurisdiction because the case was…”
Line v. Rouse, 491 N.W.2d 316 (Neb. 1992).
· cites it 2× “When the pleadings or discovery proceedings in a civil action indicate an amount in controversy may exceed ten thousand dollars, the county court shall certify the proceedings to the district court as provided in section 25-2706. While jurisdiction over the surcharge allegations…”
Craw v. City of Lincoln, 24 Neb. Ct. App. 788 (Neb. Ct. App. 2017).
· cites it 2× “788 On July 11, 2014, Craw, pursuant to Neb. Rev. Stat. § 25-2706 (Reissue 2016), filed a request to transfer the pro- ceedings to the district court for Lancaster County, because the “relief requested, at least in part, is beyond the jurisdiction of [the county court] and…”
Stunkel v. Cnty. of Dawson (Neb. Ct. App. 2020).
· cites it 4× “The court noted the Appellants’ contention that the inverse condemnation proceeding, which is within the exclusive jurisdiction of the county court, should take place there, and then the remaining issues should be certified to the district court pursuant to Neb. Rev. Stat. §…”
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