In error proceedings to reverse, vacate, or modify a final order by a school board made pursuant to sections 79-824 to 79-842, the school district, school board, or both may be named as defendants in error in the proceedings. The proceedings shall not be defeated and the court shall not be deprived of subject matter jurisdiction because the petitioner named the school board rather than the school district or the school district rather than the school board as the defendant in error.

Terms Used In Nebraska Statutes 79-833

  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • School: means a school under the jurisdiction of a school board authorized by Chapter 79. See Nebraska Statutes 79-101
  • School board: means the governing body of any school district. See Nebraska Statutes 79-101

This section shall apply to all error proceedings pending in the district court or the Supreme Court on June 11, 1991, and to error proceedings commenced after such date.

Source