The Nebraska Rules of Civil Procedure lay down the rules that should be followed by courts in civil actions. The rules are promulgated for the smooth and efficient functioning of courts. In Nebraska a civil action commences with the filing of a complaint at the court clerk’s office. Party who commences the action is called the plaintiff, and the opposite party is called the defendant. Once a complaint is filed, the plaintiff will present a praecipe of summons to the court clerk. The praecipe of summons will state the names and addresses of all parties to be served and the manner of serving the summons. The court clerk will endorse the summons and cause the summons to be served.
Pleadings permitted in Nebraska civil actions are same as the pleadings promulgated by the Supreme Court. A complaint should be filed by the real party in interest. If the real party in interest is an infant, the infant’s guardian or next friend should file the complaint. If required, courts may substitute the infant’s representative by appointing a guardian ad litem in the infant’s benefit.
Nebraska provides for both trial by jury and trial by court without jury. Issues of law are always tried by court, and issues of facts in money and property suits are tried by jury. A judgment is passed after trial. The judgment may include a decree or any order upon which an appeal is permissible.