§ 25-2732.Testimony; preservation; bill of exceptions; cost.
Article 27: County Court Rules of Procedure and Probate Practice · Last amended 2007 · Last verified July 22, 2026
Full Text of § 25-2732
Source
Laws 1981, LB 42, § 5; Laws 1984, LB 13, § 23; Laws 1986, LB 529, § 15; R.S.Supp.,1988, § 24-541.05; Laws 2007, LB213, § 2.
Plain-English Summary
An appeal from county court is only as good as the record it rests on, and section 25-2732 governs how that record of testimony gets made. As a default, testimony in civil and criminal county court cases is preserved by multi-track recorders, though the court retains discretion to order a court reporter in any given case instead.
The recording equipment itself is not left to chance. The Supreme Court prescribes the standards for that equipment and the rules for using it, and those standards must require equipment capable of multiple-track recording and of instantaneous monitoring by the clerk or another court employee running it. That monitoring requirement means someone is listening in real time to catch a malfunction before it costs the record.
When the recorded testimony needs to become part of an appeal, it goes through a conversion process. The transcription of that testimony, once certified by the stenographer or court reporter who prepared it and settled by the court, becomes the bill of exceptions in the case. The cost of preparing that bill of exceptions falls initially on the party for whom it is prepared. Every step of getting there — preparation, settlement, signature, allowance, certification, filing, and amendment of the bill of exceptions — follows rules of practice the Supreme Court prescribes, keeping the process uniform across county courts.
Frequently Asked Questions
How is testimony normally preserved in county court?
By multi-track recorders, though the court may order the use of a court reporter instead in a particular case.
Who sets the standards for the recording equipment used in county court?
The Supreme Court, which prescribes standards requiring the equipment to be capable of multiple-track recording and of instantaneous monitoring by the clerk or another court employee.
What turns the recorded testimony into something usable on appeal?
The transcription of the testimony, once certified by the stenographer or court reporter who prepared it and settled by the court, constitutes the bill of exceptions.
Who pays for preparing the bill of exceptions?
The party for whom it is prepared pays that cost initially.
Who controls the process for preparing, certifying, and filing the bill of exceptions?
Rules of practice prescribed by the Supreme Court govern the preparation, settlement, signature, allowance, certification, filing, and amendment of the bill of exceptions.
Can a party request a court reporter instead of relying on the recording system?
The section leaves that decision to the court’s discretion, which may order the use of a court reporter in any case despite the default multi-track recording system.