Nebraska Statutes 30-406. Complaint; person cited; proceedings; where held; failure to appear or answer interrogatories; penalty; appointment of special administrator or other special fiduciary
(1) If any such person as described in sections 30-402 to 30-405 is not in the county where administration is granted, the proceedings under sections 30-402 to 30-405 may be had before the county judge of the county where such person resides or may be found. A certified copy of the written interrogatories, if any, and the examination or other proceeding thereon or connected therewith shall be filed in the county court of the county where administration is granted. If the person so cited refuses to appear or answer such interrogatories as may be allowed to be put to him or her touching the matter charged, such person may be punished as provided in section 30-403.
Terms Used In Nebraska Statutes 30-406
- Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
- Fiduciary: A trustee, executor, or administrator.
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Interrogatories: Written questions asked by one party of an opposing party, who must answer them in writing under oath; a discovery device in a lawsuit.
- Person: shall include bodies politic and corporate, societies, communities, the public generally, individuals, partnerships, limited liability companies, joint-stock companies, and associations. See Nebraska Statutes 49-801
(2) If the respondent is the personal representative, conservator, or guardian, the court may appoint a special administrator or other special fiduciary to represent the estate or the ward.
Source
- Laws 1978, LB 650, § 27;
- R.S.1943, (2008), § 30-3005;
- Laws 2015, LB43, § 8.