Nebraska Statutes 25-1416. Death of plaintiff; right of defendant to compel revivor
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At any term of the court succeeding the death of the plaintiff, while the action remains on the trial docket, the defendant, having given to the plaintiff’s proper representatives in whose names the action might be revived ten days’ notice of the application therefor, may have an order to strike the action from the trial docket and for costs against the estate of the plaintiff, unless the action is forthwith revived.
Source
- R.S.1867, Code § 469, p. 471;
- R.S.1913, § 8037;
- C.S.1922, § 8978;
- C.S.1929, § 20-1416;
- R.S.1943, § 25-1416;
- Laws 2018, LB193, § 23.
Terms Used In Nebraska Statutes 25-1416
- Action: shall include any proceeding in any court of this state. See Nebraska Statutes 49-801
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Docket: A log containing brief entries of court proceedings.
- Plaintiff: The person who files the complaint in a civil lawsuit.
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.