The Attorney General is authorized to appear for the state and prosecute and defend, in any court or before any officer, board or tribunal, any cause or matter, civil or criminal, in which the state may be a party or interested. If the Director-State Engineer shall have drawn any plans or specifications for the construction of bridges or other public structures for any county in this state, and such plans shall have been adopted by any such county and bids let thereon, and the same constructed by any person, corporation or association, and suit is brought against such county, person, corporation or association for damages on account of the infringement of any alleged United States patent, in any court, state or federal, it shall be the duty of the Attorney General to intervene in said suit in behalf of the state and defend it, or, if intervention cannot be had, then the Attorney General shall take charge of the suit for such county, person, corporation or association, and defend it, or he may employ counsel to do so, and the fee of such counsel and other expenses shall be paid from appropriations made to the office of the Attorney General.
Notes of Decisions
Cited in
8
cases (
4 in the last 5 years), 1939–2026 · leading case:
State v. Denton, 307 Neb. 400 (Neb. 2020).
State v. Denton, 307 Neb. 400 (Neb. 2020).
· cites it 2× “20 See, Neb. Rev. Stat. § 84-203 (Reissue 2014) (“authorized to .”
Anstine v. State, Dep't of Banking & Receivership Div., 288 N.W. 525 (Neb. 1939).
· cites it 2× “1937, uses this language, “or the voluntary appearance of a defendant is equivalent to service:” *154 The question presented is: Can the attorney general, or his assistants, or attorney for the department of banking, or his assistants, bind the state by a voluntary appearance in…”
State v. LeFever (Neb. Ct. App. 2024).
· cites it 2× “Section 84-203 authorizes the Attorney General “to appear for the state and prosecute and defend, in any court or before any officer, board or tribunal, any cause or matter, civil or criminal, in which the state may be a party or interested.”
Gardner v. Franklin (D. Neb. 2022).
· cites it 2× “§ 84-202 ; see also Neb. Rev. Stat. § 84-203 (Attorney General is authorized to appear for the state and prosecute and defend any matter, civil or criminal, in which the state may be a party); Neb.”
McCright v. Ventura Tristan (D. Neb. 2024).
· cites it 2× “The Motion to Quash Service of Process states that it seeks quashing of service as insufficient in accordance with Neb. Rev. Stat. § 84-203 and pursuant to Federal Rule of Civil Procedure 12(b)(5).”
Phelps-Roper v. Heineman, 57 F. Supp. 3d 1146 (D. Neb. 2014).
· cites it 3× “Neb. Rev.Stat. § 84-203 (Reissue 2008) provides, in part, “The Attorney General is authorized to appear for the state and prosecute and defend, in any court or before any officer, board or tribunal, any cause or matter, civil or criminal, in which ' the state may be a party or…”
State v. Glazebrook (Neb. Ct. App. 2015).
· cites it 2× “Neb. Rev. Stat. § 84-203 (Reissue 2014). The statutes also state the Attorney General “shall appoint a deputy attorney general” who “may do and perform, in the absence of the Attorney General, all Decisions of the Nebraska Court of Appeals STATE v.”
Mathiesen (D. Neb. 2026).
“§ 84-203 . At this stage, and with the evidence currently before the Court, the Attorney General is not prohibited from representing the state court judges in their individual capacities in this action.”
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