When it appears to the court by affidavit that either party to an action has been dead, or where a party sues or is sued as a personal representative, that his or her powers have ceased for a period so long that the action cannot be revived in the names of his or her representatives or successor, without the consent of both parties, it shall order the action to be stricken from the trial docket.

Source

  • R.S.1867, Code § 468, p. 471;
  • R.S.1913, § 8036;
  • C.S.1922, § 8977;
  • C.S.1929, § 20-1415;
  • R.S.1943, § 25-1415;
  • Laws 2018, LB193, § 22.

Terms Used In Nebraska Statutes 25-1415

  • Action: shall include any proceeding in any court of this state. See Nebraska Statutes 49-801
  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • Docket: A log containing brief entries of court proceedings.
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.