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Nebraska Revised Statutes

Neb. Rev. Stat. § 42-356 (2026)

Hearings

✓ current as of July 2026
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Hearings shall be held in open court upon the oral testimony of witnesses or upon the depositions of such witnesses taken as in other actions. The court may in its discretion close the hearing and may restrict the availability of the evidence or bill of exceptions.

Notes of Decisions
Cited in 7 cases (1 in the last 5 years), 1991–2025 · leading case: Dycus v. Dycus, 307 Neb. 426 (Neb. 2020).
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Dycus v. Dycus, 307 Neb. 426 (Neb. 2020). · cites it 2× “32 Section 42-356 provides for hearings in open court upon the oral testimony of witnesses or upon the depositions of such witnesses.”
Brunges v. Brunges, 587 N.W.2d 554 (Neb. 1998). · cites it 7× “” The hearing which was conducted in the case at bar, although held in open court, does not satisfy all of the requirements of § 42-356 because no testimony or deposition evidence was received.”
Brunges v. Brunges, 619 N.W.2d 456 (Neb. 2000). · cites it 2× “Upon further review, we reversed the decision of the Court of Appeals and remanded the cause with directions to reverse the trial court’s dissolution of the marriage and remand the cause for an evidentiary hearing pursuant to Neb.”
Wilson v. Wilson, 469 N.W.2d 750 (Neb. 1991). · cites it 2× “Neb. Rev. Stat. § 42-356 (Reissue 1988) provides that in dissolution actions “[hjearings shall be held in open court upon the oral testimony of witnesses or upon the depositions of such witnesses taken as in other actions.”
Conn v. Conn, 695 N.W.2d 674 (Neb. Ct. App. 2005). · cites it 4× “Alicia argues that Neb. Rev. Stat. § 42-356 (Reissue 2004), which requires dissolution hearings to be “held in open court upon the oral testimony of witnesses or upon the depositions of such witnesses taken as in other actions,” precluded the trial court from allowing Bobby to…”
Burns v. Burns, 514 N.W.2d 848 (Neb. Ct. App. 1994). · cites it 2× “) Neb. Rev. Stat. § 42-356 (Reissue 1988). Modification of custody by summary disposition is permitted only where the court retained custody in the original order.”
Benda v. Sole, 319 Neb. 745 (Neb. 2025). · cites it 4× “01(3) offers an alternative to the required hearing, stating that a court may enter a decree of legal sepa- ration without first holding a hearing if (1) 60 or more days have passed since perfection of service of process and (2) both parties (a) .”
— Neb. Rev. Stat. § 42-356(1) — 1 case
Benda v. Sole, 319 Neb. 745 (Neb. 2025). “01(3) offers an alternative to the required hearing, stating that a court may enter a decree of legal sepa- ration without first holding a hearing if (1) 60 or more days have passed since perfection of service of process and (2) both parties (a) .”
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