§ 25-2701.Rules of procedure; county court power to seal records; applicability of rules of civil procedure to Uniform Probate Code.
Article 27: County Court Rules of Procedure and Probate Practice · Last amended 2026 · Last verified July 22, 2026
Full Text of § 25-2701
Source
Laws 1972, LB 1032, § 28; R.S.1943, (1985), § 24-528; Laws 2010, LB800, § 2; Laws 2026, LB838, § 13. Operative Date: July 18, 2026
Plain-English Summary
Section 25-2701 sets the default rule for procedure in Nebraska’s county courts. Whenever a statute does not specifically address how a matter proceeds in county court, the section directs the same civil and criminal procedure that governs the district court to apply there instead. That default yields whenever the Legislature has written a rule aimed at county court practice specifically — a statute written for county court always controls over this general fallback.
The section also gives county courts authority to seal the records of a person, following the sealing procedure set out in sections 43-2,108.01 to 43-2,108.05. That sealing power stands apart from the procedural fallback described above; it is a separate grant tied to those sections.
Finally, the section reaches into probate practice. Unless the Nebraska Uniform Probate Code specifically provides otherwise, or unless the civil procedure rules would conflict with the Code’s own provisions, the rules and codes of civil procedure — including the rules on vacating orders and on appellate review — govern proceedings under the Code. A person handling a probate matter starts with the Uniform Probate Code’s own provisions, then looks to ordinary civil procedure to fill any gap the Code leaves open, so long as nothing in the Code points the other way.
Frequently Asked Questions
Does every civil procedure rule that applies in district court automatically apply in county court?
Yes, but only when no statute specifically governs the matter for county court. A statute written for county court procedure controls over this general fallback.
What happens when a specific county court statute conflicts with the general civil and criminal procedure described here?
The specific county court statute controls. Section 25-2701 applies only where no specific provision has been made for county courts.
What records can a county court seal under this section?
The section points to sections 43-2,108.01 to 43-2,108.05 for the records a county court may seal; it does not spell out the sealing procedure itself.
Does this section describe how the sealing process works?
No. It grants the power and cross-references sections 43-2,108.01 to 43-2,108.05, which contain the sealing procedure.
How does this section affect a probate case?
Civil procedure rules, including those on vacating orders and appellate review, fill in gaps left by the Uniform Probate Code, unless the Code provides otherwise or the civil rules would conflict with it.
Does this section grant the Supreme Court new authority to write rules for county courts?
No. The section itself applies the existing rules and codes of civil and criminal procedure that already govern the district court; it does not create new rulemaking power.