The order for consolidation may be made by the court or by a judge thereof in vacation.
§ 25-704.Consolidation of actions; order.
Article 7: Joinder and Consolidation of Actions · Not amended since original codification · Last verified July 22, 2026
In one sentenceSection 25-704 confirms that a consolidation order under § 25-703 may come from the court itself or from a single judge acting in vacation.
Full Text of § 25-704
Source
R.S.1867, Code § 151, p. 417; R.S.1913, § 7660; C.S.1922, § 8604; C.S.1929, § 20-704; R.S.1943, § 25-704.
Plain-English Summary
Section 25-703 sets up the process for consolidating related actions pending in the same court, and Section 25-704 answers a narrow, practical question about who has authority to issue that order. The order for consolidation may be made by the court, or by a judge of that court acting alone during vacation.
That flexibility keeps a consolidation motion from stalling merely because the full court is not in session. A single judge can act on it in vacation, the same way Section 25-602 lets a plaintiff dismiss a case in vacation without waiting for a formal session.
Frequently Asked Questions
Does a consolidation order have to be made by the full court?
No. Section 25-704 allows the order to be made by the court or by a judge of that court acting alone in vacation.
What does “in vacation” mean here?
It refers to a period when the court is not formally in session, as distinguished from an active court term.
Does this section create the right to seek consolidation, or just address who signs the order?
Just who may sign the order. Section 25-703 creates the process for seeking consolidation and requiring the adverse party to show cause.
Why let a single judge issue a consolidation order in vacation?
It keeps a consolidation motion from being delayed until the full court is back in session, similar to the flexibility Nebraska law gives judges for other routine matters during vacation.
Is a judge’s vacation order for consolidation different in effect from an order made by the court in session?
The statute treats the two as equally valid ways of making the consolidation order, without distinguishing their effect.
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
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