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§ 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

In one sentenceThis section supplies a fallback bill-of-exceptions procedure for appeals and error proceedings from officers, boards, or tribunals when no other statute specifically addresses how to get one.

Full Text of § 25-1140.08

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This section shall apply to all appeals and error proceedings where specific provision is not made by law for a bill of exceptions. Any reporter approved by the officer, board, or tribunal from which the appeal or error proceeding is taken may attend and record the trial or proceedings. Upon the filing of a praecipe therefor by any party within the time allowed for filing of notice of appeal or petition in error, the reporter shall prepare a bill of exceptions. The procedure for preparation, settlement, signature, allowance, certification, filing, and amendment shall be regulated and governed by rules of practice prescribed by the Supreme Court.

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.

Source & verification. Section text and the amendment-history citation are reproduced verbatim from the Nebraska Legislature, Revisor of Statutes, enacted by the Nebraska Legislature. Last verified July 22, 2026. · Official source
Also known as: bill of exceptions administrative appeal nebraskaappeal from board or tribunal recordpetition in error bill of exceptionsreporter for board appeal