Nebraska Revised Statutes

Neb. Rev. Stat. § 42-356 (2026)

Hearings

✓ text as last checked Oct. 2026 (this copy records no edition or section history)
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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, 949 N.W.2d 357 (Neb. 2020).
Dycus v. Dycus, 949 N.W.2d 357 (Neb. 2020). · cites it 2× “[12,13] The court’s finding as to whether a marriage is irretrievably broken does not depend only on the will and deliberation of the plaintiff spouse.”
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, 25 N.W.3d 68 (Neb. 2025). · cites it 4× “” 11 Before the Legislature added a written certification alternative to § 42-361, 12 we held it was reversible error for the court to enter a decree of dissolution without a hearing 11 See, § 42-361(1),(2), and (3)(b); § 42-361.”
Neb. Rev. Stat. § 42-356(1): 1 case
Benda v. Sole, 25 N.W.3d 68 (Neb. 2025). “” 11 Before the Legislature added a written certification alternative to § 42-361, 12 we held it was reversible error for the court to enter a decree of dissolution without a hearing 11 See, § 42-361(1),(2), and (3)(b); § 42-361.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.