§ 25-1140.08.Bill of exceptions; boards and tribunals; filing of request; further proceedings governed by rules of court.
Article 11: Trial · Last amended 1959 · Last verified July 22, 2026
Full Text of § 25-1140.08
Source
R.S.1867, Code § 311, p. 446; Laws 1877, § 2, p. 11; Laws 1881, c. 27, § 2, p. 202; Laws 1895, c. 72, § 1, p. 311; R.S.1913, § 7880; C.S.1922, § 8823; Laws 1923, c. 114, § 1, p. 273; C.S.1929, § 20-1140; R.S.1943, § 25-1140; Laws 1947, c. 83, § 1(9), p. 260; Laws 1959, c. 104, § 2, p. 431.
Plain-English Summary
Not every appeal in Nebraska comes out of the district court. Some come from administrative officers, boards, or tribunals, and those settings do not always have their own statute spelling out how to preserve a record for review. Section 25-1140.08 fills that gap: it applies to any appeal or error proceeding where the law does not otherwise make specific provision for a bill of exceptions.
The mechanics track the district court version. A reporter approved by the officer, board, or tribunal may attend and record the proceedings. Once a party files a praecipe within the time allowed for filing a notice of appeal or petition in error, the reporter prepares the bill of exceptions, and the same Supreme Court rules of practice that govern preparation, settlement, signature, allowance, certification, filing, and amendment in district court appeals apply here as well.
Frequently Asked Questions
When does this fallback bill-of-exceptions procedure apply?
It applies to appeals and error proceedings from an officer, board, or tribunal where no other law specifically provides for a bill of exceptions.
Who records the proceedings under this section?
A reporter approved by the officer, board, or tribunal from which the appeal is taken may attend and record the trial or proceedings.
What deadline applies to requesting the bill of exceptions?
A party must file a praecipe within the time allowed for filing a notice of appeal or a petition in error.
Does the same procedure used for district court appeals apply here?
Yes. Preparation, settlement, signature, allowance, certification, filing, and amendment are regulated by the same rules of practice the Supreme Court prescribes for district court bills of exceptions.
How is this different from § 25-1140?
Section 25-1140 addresses appeals from the district court specifically; this section fills in for appeals and error proceedings from boards and tribunals when no other statute covers the bill-of-exceptions procedure.