§ 25-412.02.Civil cases; counties of 4,000 population or less; inadequate facilities; change of venue.
Article 4: Venue · Last amended 1986 · Last verified July 22, 2026
Full Text of § 25-412.02
Source
Laws 1975, LB 97, § 2; Laws 1986, LB 811, § 13; R.S.Supp.,1988, § 24-902.
Plain-English Summary
Section 25-412.02 extends the small-county solution in section 25-412.01 to civil litigation. A county with a population of 4,000 or fewer may lack adequate facilities for jury trials or other contested cases, and this section lets those cases move to an adjoining county rather than forcing them into space the county and district judges consider inadequate.
The reach of the section is broader than just district court: it covers civil cases pending in the county court, the Nebraska Workers’ Compensation Court, or the district court of a qualifying small county. Any of those cases may be tried in an adjoining county under the same population-and-facilities standard used in the criminal version of the rule.
As with the criminal counterpart, the legal effect is preserved. A civil case tried in the adjoining county is treated exactly as if it had been tried in the county where it was originally filed or venued, so the change in location does not disturb the validity of the proceeding or the resulting judgment.
Frequently Asked Questions
What kinds of civil cases can be moved under this section?
Civil cases pending in the county court, the Nebraska Workers’ Compensation Court, or the district court of a county with 4,000 or fewer people that lacks adequate trial facilities.
Does this section require a formal population count each time it is used?
The statute sets the population threshold at 4,000 or less, tied to the general facilities condition rather than a case-by-case recount, though the underlying population figure is what determines whether a county qualifies.
If my Workers’ Compensation Court case is moved to an adjoining county, does that affect the outcome?
No. The statute treats the case as though it had been tried in the county where it was filed or venued, regardless of which adjoining county hosted the trial.
What counts as inadequate facilities under this section?
The statute refers to a county not having adequate facilities for the trial of jury or other contested cases, without spelling out a specific physical standard.
Is this the same mechanism as transferring a case for convenience under section 25-410?
No. Section 25-410 addresses discretionary transfers for the convenience of parties and witnesses or the interest of justice; section 25-412.02 addresses a narrower situation tied to a small county’s lack of adequate trial facilities.