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Section 6-1107 – Pleadings allowed; form of motions

May 13, 2021 | Civil Procedure, Nebraska

(a)Pleadings. There shall be a complaint and an answer; a reply to a counterclaim denominated as such, if the answer contains a counterclaim; an answer to a cross-claim, if the answer contains a cross-claim; a third-party complaint, if a person who was not an original party is summoned as a third-party defendant; and a third-party answer, if a third party complaint is served. No other pleading shall be allowed, except that the court may order a reply to an answer or a third-party answer.

Comment: The initial pleading will be a petition when that designation is provided by statute. See § 25-801.01(2)(b).

A partial list of the proceedings in which the initial pleading is a “petition” includes a petition in error (see § 25-1903 ), probate procedure (see § 30-2209 ), protection from domestic abuse (see § 42-924 ), adoption (see § 43-102 ), actions under the juvenile code (see § 43-245 et seq.), workers’ compensation actions (see § 48-173 ), Commission of Industrial Relations actions (see § 48-811 ), mental health commitments (see § 83-1001 et seq.), and judicial review of administrative action (see § 84-917 ). The initial pleading in an action for postconviction relief by a prisoner is a “verified motion” (see § 29-3001 ).

A separate rules defines the extent to which an action for grandparent visitation is governed by these rules (see § 43-1803 and the Rules adopted by the Supreme Court pursuant thereto).

(b)Motions and Other Papers. [Reserved]

Comment: Motion practice is governed by Chapter 25, Article 9(d).

(c)Demurrers, Pleas, Etc., Abolished. [Reserved]

Comment: See § 25-801.01(2)(c).

Neb. Sup. Ct. R. 6-1107

Rule 7(a) amended May 19, 2004. Renumbered and codified as § 6-1107, effective July 18, 2008.