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§ 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

In one sentenceSection 25-412.02 is the civil counterpart to section 25-412.01, letting a civil case pending in the county court, the Workers’ Compensation Court, or the district court of a small county without adequate trial facilities be tried in an adjoining county with the same effect as if tried where it was filed.

Full Text of § 25-412.02

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Any civil case pending in either the county court, the Nebraska Workers' Compensation Court, or the district court in any county having a population of four thousand or less and not having adequate facilities for the trial of jury or other contested cases may be tried in any adjoining county with the same effect as if tried in the county in which the case was filed or venued.

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.

Does this section work together with any other statutes?

Yes. Section 25-412.03 lets the county boards of qualifying counties set up an interlocal agreement for these trials, and section 25-412.04 governs jury selection for cases tried under such an agreement.

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: small county civil trial venueworkers compensation court venue nebraskaadjoining county civil case nebraskainadequate facilities civil trialpopulation 4000 civil venue rulesection 25-412.02 explained