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chapter-33•Nebraska Revised Statutes, Chapter 33 — Fees and Salaries
chapter-33Neb. Rev. Stat. ch. 33CodeJan 1, 1866
There shall be paid to the Secretary of State the following fees:
(1) For requesting a certificate or exemplification with seal, a nonrefundable fee of ten dollars;
(2) For copies of records, for each page, a fee of one dollar;
(3) For accessing business entity records by electronic means:
(a) For batch requests of business entity information, fifteen dollars for up to one thousand business entities accessed and an additional fifteen dollars for each additional one thousand business entities accessed over one thousand;
(b) For an electronically transmitted certificate indicating whether a business is properly registered with the Secretary of State and authorized to do business in the state, six dollars and fifty cents;
(c) For the entire contents of the database regarding business entities, but excluding electronic images, three hundred dollars weekly subscription rate, one thousand dollars monthly subscription rate for a twice-monthly service, and eight hundred dollars monthly subscription rate;
(d) For images of business entity records accessed over the Internet, forty-five cents for each page or image of a page; and
(e) For the entire contents of the image database regarding business entities, eight hundred dollars monthly subscription rate;
(4)(a) For bulk data requests of Uniform Commercial Code database information including records filed pursuant to the Uniform Commercial Code, Chapter 52, article 2, 5, 7, 9, 10, 11, 12, 13, or 14, Chapter 54, article 2, the Uniform Federal Lien Registration Act, or the Uniform State Tax Lien Registration and Enforcement Act, a nonrefundable fee of:
(i) Eight hundred dollars for an initial file;
(ii) Eight hundred dollars for a monthly update file; and
(iii) Three hundred dollars for a weekly update file.
(b) Effective financing statement data accessed through bulk data requests shall be for informational purposes only and shall not provide the protection afforded a buyer registered pursuant to section 52-1312;
(5) For images of Uniform Commercial Code database information records accessed over the Internet, forty-five cents for each page or image of a page;
(6) For filings by for-profit corporations and associations required or permitted by law to file articles of incorporation or organization with the Secretary of State, the fees provided in section 21-205 unless otherwise specifically provided by law; and
(7) For filings by nonprofit corporations and associations required or permitted by law to file articles of incorporation or organization with the Secretary of State or for such a filing by any entity declared to be a corporation under section 21-608, the fees provided in section 21-1905 unless otherwise specifically provided by law.
The Secretary of State shall remit all fees collected pursuant to subdivisions (1), (2), and (4) through (7) of this section to the State Treasurer for credit to the Secretary of State Cash Fund. The Secretary of State shall remit all fees collected pursuant to subdivision (3) of this section to the State Treasurer for credit to the Records Management Cash Fund, and such fees shall be distributed as provided in any agreements between the State Records Board and the Secretary of State.
Source: Laws 1877, § 5, p. 196; Laws 1897, c. 72, § 1, p. 331; Laws 1907, c. 139, § 1, p. 445; Laws 1911, c. 128, § 1, p. 435; R.S.1913, § 2423; Laws 1921, c. 104, § 1, p. 374; C.S.1922, § 2364; C.S.1929, § 33-103; R.S.1943, § 33-101; Laws 1947, c. 118, § 1, p. 349; Laws 1955, c. 63, § 12, p. 207; Laws 1961, c. 156, § 1, p. 477; Laws 1965, c. 183, § 1, p. 569; Laws 1969, c. 268, § 1, p. 1030; Laws 1975, LB 95, § 6; Laws 1982, LB 928, § 27; Laws 1994, LB 1004, § 2; Laws 1995, LB 109, § 214; Laws 1996, LB 681, § 194; Laws 1998, LB 924, § 18; Laws 2000, LB 929, § 23; Laws 2003, LB 524, § 20; Laws 2014, LB278, § 1; Laws 2014, LB749, § 279; Laws 2018, LB749, § 2; Laws 2020, LB910, § 11; Laws 2026, LB835, § 1.
Effective date: 2026-07-18.
Cross References
Annotations
Building and loan associations are not exempted from paying the fee required by this section for filing certificates of increase of capital stock. State ex rel. Equitable Building Loan & Savings Assn. v. Amsberry, 104 Neb. 843, 178 N.W. 828 (1920).
Under the 1897 amendment to this section, a building and loan association was not required to file its articles of incorporation with the Secretary of State and pay him a fee as a condition precedent to obtaining a certificate of approval. State ex rel. Bullard v. Searle, 86 Neb. 259, 125 N.W. 590 (1910).
This section is cited in a footnote to the opinion to the effect that most state statutes measure domestic incorporation fees according to the amount or number of shares of capital stock authorized. Atlantic Refining Co. v. Virginia, 302 U.S. 22 (1837).
The Secretary of State shall be entitled to the sum of thirty dollars for receiving an application for a commission to act as a notary public pursuant to section 64-102. The Secretary of State shall be entitled to the sum of thirty dollars for receiving a renewal application pursuant to section 64-104.
The fees received by the Secretary of State pursuant to this section shall be remitted to the State Treasurer for credit seventy-five percent to the General Fund and twenty-five percent to the Secretary of State Cash Fund.
Source: Laws 1869, § 13, p. 25; R.S.1913, § 2424; Laws 1921, c. 99, § 1, p. 364; C.S.1922, § 2365; C.S.1929, § 33-104; R.S.1943, § 33-102; Laws 1945, c. 145, § 11, p. 494; Laws 1949, c. 93, § 4, p. 246; Laws 1963, c. 184, § 1, p. 625; Laws 1967, c. 396, § 1, p. 1241; Laws 1982, LB 928, § 28; Laws 1994, LB 1004, § 3; Laws 1995, LB 7, § 30; Laws 2009, First Spec. Sess., LB3, § 17; Laws 2020, LB910, § 12.
At the time of filing an appeal, original action, or other proceeding in the Court of Appeals or Supreme Court there shall be paid to the clerk the sum of one hundred dollars as a docket fee. Fifty dollars of such fee shall be remitted to the State Treasurer for credit to the Nebraska Retirement Fund for Judges.
The clerk shall charge fees for copies of documents and certificates at the rate provided in section 25-1280.
Source: R.S.1866, c. 19, § 2, p. 157; R.S.1913, § 2425; C.S.1922, § 2366; Laws 1927, c. 120, § 1, p. 333; C.S.1929, § 33-105; Laws 1941, c. 32, § 3, p. 142; C.S.Supp.,1941, § 33-105; R.S.1943, § 33-103; Laws 1982, LB 719, § 1; Laws 1991, LB 732, § 97; Laws 2005, LB 348, § 5.
Cross References
Annotations
The payment of the fee to docket a petition for further review is mandated by this section and is therefore deemed jurisdictional. A petition for further review, albeit tendered to the Clerk of the Supreme Court within 30 days after the Nebraska Court of Appeals has issued its decision, is not properly filed unless and until the required docket fee is timely paid. Robertson v. Rose, 270 Neb. 466, 704 N.W.2d 227 (2005).
Pursuant to section 25-1912, an appellant must file his or her notice of appeal and deposit with the clerk of the district court the docket fee required by this section within 30 days of the entry of the order from which the appeal is taken. Martin v. McGinn, 267 Neb. 931, 678 N.W.2d 737 (2004).
Appeals under the Workmen's Compensation Law are exempt from the fee required by this section for docketing appeal. Scott v. Dohrse, 130 Neb. 847, 266 N.W. 709 (1936).
A trial court's order requiring a habeas petitioner to pay, in advance, fees to docket an appeal from the denial of a petition, did not comply with the statute requiring payment of fees in advance, except in habeas corpus proceedings, and the appellate rule that fees in habeas corpus proceedings be collected at the conclusion of the proceeding. Jones v. Nebraska Dept. of Corr. Servs., 21 Neb. App. 206, 838 N.W.2d 51 (2013).
At the time of filing a petition for further review to the Supreme Court from the Court of Appeals, there shall be paid to the clerk the sum of fifty dollars as a docket fee in lieu of any other filing fees. The fee shall be remitted to the State Treasurer for credit to the Nebraska Retirement Fund for Judges.
Source: Laws 2005, LB 348, § 6.
There shall be paid to the Board of Educational Lands and Funds, in advance, for services of the secretary of the board by a party demanding or necessitating the service, the following fees: For a copy of any instrument, paper, or record in his or her office, fifteen cents for each one hundred words with a minimum of one dollar and fifty cents; for certificate and seal, one dollar; for filing and recording an assignment, conditional assignment, or sublease agreement, ten dollars; for notice of delinquent account, three dollars; for reinstatement of account, if redemption is made prior to the date when notice of publication is made, five dollars; for copies of maps or plats, three dollars per hour for the time actually required and spent for the copying or preparation thereof.
Source: Laws 1903, c. 104, § 1, p. 574; R.S.1913, § 2426; C.S.1922, § 2367; C.S.1929, § 33-106; Laws 1935, c. 163, § 19, p. 610; C.S.Supp.,1941, § 33-106; R.S.1943, § 33-104; Laws 1957, c. 130, § 1, p. 444; Laws 1999, LB 779, § 3.
Repealed. Laws 2024, LB1368, § 11.
(1) In addition to the judges' retirement fund fee provided in section 24-703 and the fees provided in section 33-106.03 and except as otherwise provided by law, the fees of the clerk of the district court shall be as provided in this section. There shall be a docket fee of forty-two dollars for each civil and criminal case except:
(a) There shall be a docket fee of twenty-five dollars for each case commenced by filing a transcript of judgment from another court in this state for the purpose of obtaining a lien;
(b) For proceedings under the Nebraska Workers' Compensation Act and the Employment Security Law, when provision is made for the fees that may be charged; and
(c) There shall be a docket fee of twenty-seven dollars for each criminal case appealed to the district court from any court inferior thereto.
(2) In all cases, other than those appealed from an inferior court or original filings which are within jurisdictional limits of an inferior court and when a jury is demanded in district court, the docket fee shall cover all fees of the clerk, except that the clerk shall be paid for each copy or transcript ordered of any pleading, record, or other document and that the clerk shall be entitled to a fee of fifteen dollars for a records management fee which will be taxed as costs of the case.
(3) In all civil cases, except habeas corpus cases in which a poverty affidavit is filed and approved by the court, and for all other services, the docket fee or other fee shall be paid by the party filing the case or requesting the service at the time the case is filed or the service requested.
(4) For any other service which may be rendered or performed by the clerk but which is not required in the discharge of his or her official duties, the fee shall be the same as that of a notary public but in no case less than one dollar.
Source: R.S.1866, c. 19, § 3, p. 157; Laws 1877, § 5, p. 217; Laws 1899, c. 31, § 1, p. 164; Laws 1905, c. 68, § 1, p. 363; Laws 1909, c. 55, § 1, p. 280; R.S.1913, §§ 2421, 2429; Laws 1917, c. 40, § 1, p. 119; Laws 1919, c. 82, § 1, p. 204; C.S.1922, §§ 2362, 2369; Laws 1925, c. 81, § 1, p. 255; Laws 1927, c. 118, § 1, p. 328; C.S.1929, §§ 33-101, 33-108; R.S.1943, § 33-106; Laws 1947, c. 120, § 1, p. 353; Laws 1949, c. 94, § 1(1), p. 252; Laws 1951, c. 106, § 2, p. 512; Laws 1959, c. 140, § 4, p. 546; Laws 1961, c. 157, § 1, p. 480; Laws 1965, c. 125, § 3, p. 463; Laws 1977, LB 126, § 2; Laws 1981, LB 84, § 1; Laws 1983, LB 617, § 4; Laws 1986, LB 811, § 14; Laws 1986, LB 333, § 8; Laws 2003, LB 760, § 13; Laws 2005, LB 348, § 7; Laws 2011, LB17, § 5; Laws 2017, LB307, § 1; Laws 2018, LB193, § 70; Laws 2020, LB912, § 16.
Cross References
Annotations
1. Fees
2. Interest
3. Court costs
1. Fees
This section does not require the clerk of the district court to account to the county for any naturalization fees collected by him. State ex rel. Douglas County v. Smith, 102 Neb. 82, 165 N.W. 896 (1917).
It is the duty of the clerk of the district court to collect in advance all fees provided by the statute for any service required of him. State v. Several Parcels of Land, 82 Neb. 51, 117 N.W. 450 (1908).
It is the duty of a clerk of the district court to require payment in advance or security for the payment of all fees for his services, and the sureties on his official bond are liable for all fees remaining uncollected at the expiration of his term. Boettcher v. Lancaster County, 74 Neb. 148, 103 N.W. 1075 (1905).
A clerk of the district court who makes certified transcripts of his records is entitled to fees for both the transcript and the certificate. The word certificate as used in this section refers to the act of certification as distinguished from the paper and its contents upon which the certificate is placed. Sheibley v. Hurley, 74 Neb. 31, 103 N.W. 1082 (1905).
A clerk of the district court is not entitled to fees for attaching a separate certificate and seal to each paper and journal entry of which he makes a copy where at the end of the transcript a general certificate is made which includes the same matters covered by the other certificates. Lydick v. Palmquist, 31 Neb. 300, 47 N.W. 918 (1891).
2. Interest
Interest on money paid in to clerk of district court by bidders at tax foreclosure sale is not a perquisite of the office. Bordy v. Smith, 150 Neb. 272, 34 N.W.2d 331 (1948).
Interest received by a county treasurer on deposit of public money is a perquisite within the meaning of this section. Scotts Bluff County v. McHenry, 130 Neb. 717, 266 N.W. 586 (1936).
3. Court costs
Court costs are the property of such persons for whose benefit they are primarily allowed and taxed, and attorney's fees allowed as costs actually belong to the attorney although awarded to the client. Solomon v. A. W. Farney, Inc., 136 Neb. 338, 286 N.W. 254 (1939).
A fee bill issued under this section is valid where a judgment for costs has been recovered and the costs have been taxed by the clerk of the district court and itemized upon the fee book prior to the issuance of a fee bill. Citizens National Bank v. Gregg, 53 Neb. 760, 74 N.W. 273 (1898).
The clerk of the district court shall keep a record of the costs chargeable and taxable against each party in any suit pending in court. He or she at any time may make out a statement of such fees specifying each item of the fees so charged and taxed under seal of the court, which fee bill, so made under the seal of the court, shall have the same force and effect as an execution. The sheriff to whom the fee bill shall be issued shall execute the same as an execution and have the same fees therefor. The clerk shall not enter on the record any fees of any officer claiming the same, unless such officer shall duly return an itemized bill of the same.
Source: R.S.1866, c. 19, § 3, p. 157; Laws 1877, § 4, p. 217; Laws 1899, c. 31, § 1, p. 164; Laws 1905, c. 68, § 1, p. 363; Laws 1909, c. 55, § 1, p. 280; R.S.1913, §§ 2421, 2429; Laws 1917, c. 40, § 1, p. 119; Laws 1919, c. 82, § 1, p. 204; C.S.1922, §§ 2362, 2369; Laws 1925, c. 81, § 1, p. 255; Laws 1927, c. 118, § 1, p. 328; C.S.1929, §§ 33-101, 33-108; R.S.1943, § 33-106; Laws 1947, c. 120, § 1, p. 353; Laws 1949, c. 94, § 1(2), p. 253; Laws 1959, c. 140, § 5, p. 547; Laws 2018, LB193, § 71.
(1) The clerk of the district court of each county shall not retain for his or her own use any fees, revenue, perquisites, or receipts, fixed, enumerated, or provided in this or any other section of the statutes of the State of Nebraska or any fees authorized by federal law to be collected or retained by a county official. The clerk shall on or before the fifteenth day of each month make a report to the county board, under oath, showing the different items of such fees, revenue, perquisites, or receipts received, from whom, at what time, and for what service, and the total amount received by such officer since the last report, and also the amount received for the current year.
(2) The clerk shall account for and pay any fees, revenue, perquisites, or receipts not later than the fifteenth day of the month following the calendar month in which such fees, revenue, perquisites, or receipts were received in the following manner:
(a) Of the forty-two-dollar docket fee imposed pursuant to section 33-106, one dollar shall be remitted to the State Treasurer for credit to the General Fund and six dollars shall be remitted to the State Treasurer for credit to the Nebraska Retirement Fund for Judges through June 30, 2021. Beginning July 1, 2021, seven dollars of such forty-two-dollar docket fee shall be remitted to the State Treasurer for credit to the Nebraska Retirement Fund for Judges;
(b) Of the twenty-seven-dollar docket fee imposed for appeal of a criminal case to the district court pursuant to section 33-106, two dollars shall be remitted to the State Treasurer for credit to the Nebraska Retirement Fund for Judges; and
(c) The remaining fees, revenue, perquisites, or receipts shall be credited to the general fund of the county.
Source: R.S.1866, c. 19, § 3, p. 157; Laws 1877, § 5, p. 217; Laws 1899, c. 31, § 1, p. 164; Laws 1905, c. 68, § 1, p. 363; Laws 1909, c. 55, § 1, p. 280; R.S.1913, §§ 2421, 2429; Laws 1917, c. 40, § 1, p. 119; Laws 1919, c. 82, § 1, p. 204; C.S.1922, §§ 2362, 2369; Laws 1925, c. 81, § 1, p. 255; Laws 1927, c. 118, § 1, p. 328; C.S.1929, §§ 33-101, 33-108; R.S.1943, § 33-106; Laws 1947, c. 120, § 1, p. 353; Laws 1949, c. 94, § 1(3), p. 254; Laws 1983, LB 617, § 5; Laws 1989, LB 4, § 3; Laws 2005, LB 348, § 8; Laws 2006, LB 823, § 1; Laws 2016, LB803, § 1; Laws 2021, LB17, § 5.
In addition to the fees provided for in sections 33-106 and 33-123, the clerk of the court shall collect an additional fifty dollars as a mediation fee and twenty-five dollars as a child abuse prevention fee for each complaint filed for dissolution of marriage. The fees shall be remitted to the State Treasurer who shall credit the child abuse prevention fee to the Nebraska Child Abuse Prevention Fund and the mediation fee to the Parenting Act Fund.
Source: Laws 1986, LB 333, § 7; Laws 1996, LB 1296, § 6; Laws 2002, Second Spec. Sess., LB 48, § 1; Laws 2007, LB554, § 26; Laws 2017, LB307, § 2.
Repealed. Laws 1997, LB 216, § 3.
Transferred to section 24-350.
A legal services fee of six dollars and twenty-five cents shall be taxed as costs in each case filed in each separate juvenile court and district court, including appeals to such courts, and on each case filed in each county court except those filed in county court pursuant to its jurisdiction under section 25-2802. A legal services fee of six dollars and twenty-five cents shall be taxed as costs for each appeal and original action filed in the Court of Appeals and the Supreme Court. Such fees shall be remitted to the State Treasurer on forms prescribed by the State Treasurer within ten days after the close of each month for credit to the Legal Aid and Services Fund.
Source: Laws 1997, LB 729, § 1; Laws 1998, LB 1041, § 5; Laws 2002, LB 876, § 72; Laws 2005, LB 348, § 9; Laws 2016, LB1098, § 1.
(1) A mediation fee of fifty dollars and a civil legal services fee of fifteen dollars shall be collected by the clerk of the county court or the clerk of the district court for each paternity determination or parental support proceeding under sections 43-1401 to 43-1418, for each complaint or action to modify a decree of dissolution or annulment of marriage, and for each complaint or action to modify an award of child support, child custody, parenting time, visitation, or other access as defined in section 43-2922. Such fees shall be remitted to the State Treasurer on forms prescribed by the State Treasurer within ten days after the close of each month. The civil legal services fee shall be credited to the Legal Aid and Services Fund, and the mediation fee shall be credited to the Parenting Act Fund.
(2) Any proceeding filed by a county attorney or an authorized attorney, in a case in which services are being provided under Title IV-D of the federal Social Security Act, as amended, shall not be subject to the provisions of subsection (1) of this section. In any such proceeding, a mediation fee of fifty dollars and a civil legal services fee of fifteen dollars shall be collected by the clerk of the county court or the clerk of the district court for any pleading in such proceeding filed by any party, other than a county attorney or authorized attorney, subsequent to the paternity filing if such pleading is to modify an award of child support or to establish or modify custody, parenting time, visitation, or other access as defined in section 43-2922. Such fees shall be remitted to the State Treasurer on forms prescribed by the State Treasurer within ten days after the close of each month. The mediation fee shall be credited to the Parenting Act Fund and the civil legal services fee shall be credited to the Legal Aid and Services Fund.
(3) For purposes of this section, authorized attorney has the same meaning as in section 43-1704.
Source: Laws 1997, LB 729, § 2; Laws 1999, LB 19, § 1; Laws 2007, LB554, § 27; Laws 2017, LB307, § 3.
In addition to all other court costs assessed according to law, a court automation fee of eight dollars shall be taxed as costs for each case filed in each county court, separate juvenile court, and district court, including appeals to such courts, and for each appeal and original action filed in the Court of Appeals and the Supreme Court. The fees shall be remitted to the State Treasurer on forms prescribed by the State Treasurer within ten days after the end of each month. The State Treasurer shall credit the fees to the Supreme Court Automation Cash Fund.
Source: Laws 2002, Second Spec. Sess., LB 13, § 2; Laws 2009, LB35, § 24.
In addition to all other court costs assessed according to law, a case management systems software fee of ten dollars shall be taxed as costs in each civil cause of action or traffic misdemeanor or infraction filed in the district courts and county courts. The fees shall be remitted to the State Treasurer on forms prescribed by the State Treasurer within ten days after the end of the month. The State Treasurer shall credit the fees to the Case Management Systems Software Cash Fund.
Source: Laws 2026, LB935, § 36.
Operative date: 2026-07-01.
Transferred to section 23-1223.
(1) The register of deeds and the county clerk shall receive for recording a deed, mortgage, or release, recording and indexing of a will, recording and indexing of a decree in a testate estate, recording proof of publication, or recording any other instrument, a fee of ten dollars for the first page and six dollars for each additional page. Two dollars and fifty cents of the ten-dollar fee for recording the first page and fifty cents of the six-dollar fee for recording each additional page shall be used exclusively for the purposes of preserving and maintaining public records of the office of the register of deeds and for modernization and technology needs relating to such records and preserving and maintaining public records of a register of deeds office that has been consolidated with another county office pursuant to section 22-417 and for modernization and technology needs relating to such records. The funds allocated under this subsection shall not be substituted for other allocations of county general funds to the register of deeds office or any other county office for the purposes enumerated in this subsection.
(2) The cost for a certified copy of any instrument filed or recorded in the office of county clerk or register of deeds shall be one dollar and fifty cents per page.
Source: Laws 1879, § 1, p. 107; Laws 1887, c. 42, § 1, p. 461; R.S.1913, § 2435; C.S.1922, § 2375; C.S.1929, § 33-114; Laws 1931, c. 66, § 1, p. 185; Laws 1935, c. 80, § 1, p. 269; Laws 1941, c. 67, § 1, p. 292; C.S.Supp.,1941, § 33-114; R.S.1943, § 33-109; Laws 1949, c. 93, § 5, p. 247; Laws 1961, c. 159, § 1, p. 484; Laws 1963, c. 185, § 1, p. 626; Laws 1965, c. 185, § 1, p. 574; Laws 1967, c. 204, § 1, p. 560; Laws 1969, c. 270, § 1, p. 1034; Laws 1971, LB 381, § 1; Laws 1972, LB 1264, § 1; Laws 1983, LB 463, § 1; Laws 2012, LB14, § 4; Laws 2017, LB152, § 2; Laws 2017, LB268, § 7; Laws 2019, LB593, § 5.
Annotations
The county clerk of a county under township organization is not entitled to any compensation for making a duplicate tax list. Radford v. Dixon County, 29 Neb. 113, 45 N.W. 275 (1890).
County clerks shall receive no fee for the performance of the following services: For issuing certificates of election; for performing the duties of clerk of the county board; for taking acknowledgments of claims against the county; for attesting or certifying any document authorized by the county board or required by the departments of the state; or for recording Army or Navy discharges or furnishing certified copies thereof to be used in connection with any claim for compensation or disability. A charge of twenty-five cents shall be made for any other certificate and seal unless otherwise provided. The fees collected shall be credited to the county general fund.
County clerks shall receive a fee of fifty dollars for the entire proceedings of issuing a marriage license, administering the related oaths or affirmations, and recording a marriage certificate. An additional fee of sixteen dollars shall be made for each certified copy of a marriage record on file in the office of the county clerk. Both such fees shall be deposited in the county general fund.
Source: R.S.1866, c. 19, § 14, p. 167; R.S.1913, § 2434; C.S.1922, § 2374; C.S.1929, § 33-113; Laws 1931, c. 68, § 1, p. 187; C.S.Supp.,1941, § 33-113; R.S.1943, § 33-110; Laws 1949, c. 93, § 6, p. 247; Laws 1953, c. 116, § 1, p. 371; Laws 1986, LB 525, § 2; Laws 1988, LB 1126, § 1; Laws 1995, LB 202, § 1; Laws 2015, LB88, § 1; Laws 2026, LB596, § 9.
Effective date: 2026-07-18.
County clerks for compiling the transfer from the record of their office shall receive for each transfer the sum of fifteen cents, or such other sum, not exceeding fifteen cents, as the county board and county clerk may agree upon, to be paid by the county.
Source: Laws 1881, c. 41, § 1, p. 221; R.S.1913, § 2436; C.S.1922, § 2376; C.S.1929, § 33-115; R.S.1943, § 33-111.
Annotations
In the absence of a contract between the county and the county clerk, the clerk is entitled to receive the statutory compensation for compiling a numerical index in a new county. Bastedo v. Boyd County, 57 Neb. 100, 77 N.W. 387 (1898).
Repealed. Laws 2012, LB 14, § 10.
Repealed. Laws 2012, LB 897, § 3.
Each county treasurer shall receive for and on behalf of the county for services rendered to other governmental subdivisions and agencies, when fees for services rendered by him or her are not otherwise specifically provided, the following fees: (1) On all sums of money collected by him or her for each fiscal year, two percent of the sums so collected; (2) for the collection of all sums of money, general or bonded, of drainage, irrigation, or natural resources districts, one percent of the sums so collected; (3) for the collection of all ad valorem taxes and special assessments, general or bonded, of sanitary and improvement districts, two percent of the sums so collected; (4) for the collection of all sums of money for municipal taxes, general or special, including money for bond sinking fund or bond interest fund and school money, one percent of the sums so collected; and (5) for the collection of all sums of money for special assessments for municipal improvements, one and one-half percent of the sums so collected.
On all sums collected, such percentage shall be allowed but once. In computing the amount collected for the purpose of charging percentage, all sums from whatever fund derived shall be included together, except the school fund. The treasurer shall be paid in the same proportion from the respective funds of the state collected by him or her whether the funds are in money or state warrants.
Source: R.S.1866, c. 19, § 20, p. 169; Laws 1891, c. 27, § 1, p. 263; Laws 1901, c. 32, § 1, p. 359; Laws 1903, c. 42, § 1, p. 307; R.S.1913, § 2439; C.S.1922, § 2379; Laws 1923, c. 84, § 1, p. 225; C.S.1929, § 33-118; Laws 1931, c. 67, § 1, p. 186; Laws 1941, c. 64, § 1, p. 288; C.S.Supp.,1941, § 33-118; R.S.1943, § 33-114; Laws 1947, c. 121, § 1, p. 356; Laws 1951, c. 102, § 1, p. 507; Laws 1969, c. 271, § 1, p. 1035; Laws 1973, LB 206, § 7; Laws 1983, LB 391, § 2; Laws 1993, LB 346, § 1; Laws 2016, LB131, § 2.
Annotations
For the purposes of this section, a sanitary and improvement district may levy municipal taxes and make municipal improvements. SID No. 1 v. Adamy, 289 Neb. 913, 858 N.W.2d 168 (2015).
A county treasurer is not entitled to a fee for making a return upon a distress warrant where no property subject to levy was found. Red Willow County v. Smith, 67 Neb. 213, 93 N.W. 151 (1903).
The fees of a county treasurer for collecting taxes are determined by adding together all money received on behalf of the state during one year, except educational funds, and applying the percentages set out in the statute, and charging the commissions pro rata to the various funds. State ex rel. Pearson v. Cornell, 54 Neb. 647, 75 N.W. 25 (1898).
A county treasurer is not entitled to a commission or collection fee from the proceeds received from the sale of bonds delivered to him as county treasurer. Stoner v. Keith County, 48 Neb. 279, 67 N.W. 311 (1896).
A county treasurer is not entitled to fees upon money paid to him by a township treasurer, and cannot include it in the total amount collected by him. Taylor v. Kearney County, 35 Neb. 381, 53 N.W. 211 (1892).
In computing the fees to which a county treasurer is entitled, all sums from whatever fund derived, except the school fund, shall be included together and the percentage allowed but once. State ex rel. Grable v. Roderick, 25 Neb. 629, 41 N.W. 404 (1889).
In any county having a population of more than one hundred thousand and less than four hundred thousand inhabitants as determined by the most recent federal decennial census, when such county has entered into an agreement with the county seat for it to provide the services of its electronic data processing equipment for the purposes of tax collection, the county treasurer shall receive from such city for services provided in the assessment and collection of taxes the amount provided by agreement between the county and such city.
Source: Laws 1973, LB 244, § 1; Laws 2016, LB742, § 20.
Repealed. Laws 1961, c. 284, § 1.
Each county surveyor shall be entitled to receive the following fees: (1) For all services rendered to the county or state, a daily rate as determined by the county board; and (2) for each mile actually and necessarily traveled in going to and from work, the rate allowed by the provisions of section 81-1176. All expense of necessary assistants in the performance of the above work, the fees of witnesses, and material used for perpetuation and reestablishing lost exterior section and quarter corners necessary for the survey shall be paid for by the county and the remainder of the cost of the survey shall be paid for by the parties for whom the work may be done. All necessary equipment, conveyance, and repairs to such equipment, required in the performance of the duties of the office, shall be furnished such surveyor at the expense of the county, except that in any county with a population of less than one hundred thousand the county board may, in its discretion, allow the county surveyor a salary fixed pursuant to section 23-1114, payable monthly, by warrant drawn on the general fund of the county. All fees received by surveyors so receiving a salary may, with the authorization of the county board, be retained by the surveyor, but in the absence of such authorization all such fees shall be turned over to the county treasurer monthly for credit to the county general fund.
Source: R.S.1866, c. 19, § 16, p. 168; Laws 1869, § 1, p. 157; Laws 1899, c. 32, § 1, p. 167; Laws 1913, c. 43, § 12, p. 146; R.S.1913, § 2440; Laws 1919, c. 75, § 1, p. 194; C.S.1922, § 2380; Laws 1927, c. 114, § 1, p. 321; C.S.1929, § 33-119; Laws 1931, c. 65, § 7, p. 180; C.S.Supp.,1941, § 33-119; Laws 1943, c. 90, § 19, p. 305; R.S.1943, § 33-116; Laws 1947, c. 122, § 1, p. 357; Laws 1953, c. 117, § 1, p. 372; Laws 1957, c. 70, § 4, p. 296; Laws 1961, c. 158, § 2, p. 482; Laws 1961, c. 160, § 1, p. 485; Laws 1969, c. 272, § 1, p. 1036; Laws 1981, LB 204, § 50; Laws 1982, LB 127, § 8; Laws 1996, LB 1011, § 21; Laws 2017, LB200, § 3; Laws 2022, LB791, § 3.
Annotations
An agreement by a county surveyor to perform services required of him for a less compensation than that fixed by law is contrary to public policy and void. Hansen v. Cheyenne County, 139 Neb. 484, 297 N.W. 902 (1941); Fitch v. Cass County, 139 Neb. 483, 297 N.W. 905 (1941).
(1) The several sheriffs shall charge and collect fees at the rates specified in this section. The rates shall be as follows: (a) Serving a capias with commitment or bail bond and return, two dollars; (b) serving a search warrant, two dollars; (c) arresting under a search warrant, two dollars for each person so arrested; (d) unless otherwise specifically listed in subdivisions (f) through (s) of this subsection, serving a summons, subpoena, order of attachment, order of replevin, other order of the court, notice of motion, other notice, other writ or document, or any combination thereof, including any accompanying or attached documents, twelve dollars for each person served, except that when more than one person is served at the same time and location in the same case, the service fee shall be twelve dollars for the first person served at that time and location and three dollars for each other person served at that time and location; (e) making a return of each summons, subpoena, order of attachment, order of replevin, other order of the court, notice of motion, other notice, or other writ or document, whether served or not, six dollars; (f) taking and filing a replevin bond or other indemnification to be furnished and approved by the sheriff, one dollar; (g) making a copy of any process, bond, or other paper not otherwise provided for in this section, twenty-five cents per page; (h) traveling each mile actually and necessarily traveled within or without their several counties in their official duties, three cents more per mile than the rate provided in section 81-1176, except that the minimum fee shall be fifty cents when the service is made within one mile of the courthouse, and, as far as is expedient, all papers in the hands of the sheriff at any one time shall be served in one or more trips by the most direct route or routes and only one mileage fee shall be charged for a single trip, the total mileage cost to be computed as a unit for each trip and the combined mileage cost of each trip to be prorated among the persons or parties liable for the payment of same; (i) levying a writ or a court order and return thereof, eighteen dollars; (j) summoning a grand jury, not including mileage to be paid by the county, ten dollars; (k) summoning a petit jury, not including mileage to be paid by the county, twelve dollars; (l) summoning a special jury, for each person impaneled, fifty cents; (m) calling a jury for a trial of a case or cause, fifty cents; (n) executing a writ of restitution or a writ of assistance and return, eighteen dollars; (o) calling an inquest to appraise lands and tenements levied on by execution, one dollar; (p) calling an inquest to appraise goods and chattels taken by an order of attachment or replevin, one dollar; (q) advertising a sale in a newspaper in addition to the price of printing, one dollar; (r) advertising in writing for a sale of real or personal property, five dollars; and (s) making deeds for land sold on execution or order of sale, five dollars.
(2)(a) Except as provided in subdivision (b) of this subsection, the commission due a sheriff on an execution or order of sale, an order of attachment decree, or a sale of real or personal property shall be: For each dollar not exceeding four hundred dollars, six cents; for every dollar above four hundred dollars and not exceeding one thousand dollars, four cents; and for every dollar above one thousand dollars, two cents.
(b) In real estate foreclosure, when any party to the original action purchases the property or when no money is received or disbursed by the sheriff, the commission shall be computed pursuant to subdivision (a) of this subsection but shall not exceed two hundred dollars.
(3) The sheriff shall, on the first Tuesday in January, April, July, and October of each year, make a report to the county board showing (a) the different items of fees collected, from whom, at what time, and for what service, (b) the total amount of the fees collected by the officer since the last report, and (c) the amount collected for the current year. All fees collected by the sheriff, except mileage fees when the sheriff or his or her employee is using a personal vehicle, shall be paid to the county treasurer who shall credit the fees to the general fund of the county.
(4) Any future adjustment made to the reimbursement rate provided in subsection (1) of this section shall be deemed to apply to all provisions of law which refer to this section for the computation of mileage.
(5) All fees collected pursuant to this section, except fees for mileage accrued in a personal vehicle, by any constable who is a salaried employee of the State of Nebraska shall be remitted to the clerk of the county court. The clerk of the county court shall pay the same to the General Fund.
Source: R.S.1866, c. 19, § 5, p. 161; Laws 1877, § 1, p. 40; Laws 1877, § 5, p. 217; Laws 1907, c. 53, § 1, p. 225; R.S.1913, §§ 2421, 2441; Laws 1915, c. 37, § 1, p. 106; Laws 1921, c. 102, § 1, p. 371; C.S.1922, §§ 2362, 2381; C.S.1929, §§ 33-101, 33-120; Laws 1933, c. 96, § 7, p. 386; Laws 1935, c. 79, § 1, p. 266; C.S.Supp.,1941, § 33-120; Laws 1943, c. 86, § 1(1), p. 286; R.S.1943, § 33-117; Laws 1947, c. 123, § 1, p. 358; Laws 1951, c. 266, § 1, p. 895; Laws 1953, c. 118, § 1, p. 373; Laws 1957, c. 70, § 5, p. 297; Laws 1959, c. 84, § 3, p. 385; Laws 1961, c. 161, § 1, p. 487; Laws 1961, c. 162, § 1, p. 489; Laws 1965, c. 186, § 1, p. 575; Laws 1967, c. 125, § 4, p. 401; Laws 1969, c. 273, § 1, p. 1037; Laws 1974, LB 625, § 3; Laws 1978, LB 691, § 3; Laws 1980, LB 615, § 3; Laws 1980, LB 628, § 2; Laws 1981, LB 204, § 51; Laws 1982, LB 662, § 1; Laws 1984, LB 394, § 9; Laws 1987, LB 223, § 1; Laws 1988, LB 1030, § 34; Laws 1996, LB 1011, § 22; Laws 2009, LB35, § 25; Laws 2024, LB1162, § 2.
Cross References
Annotations
1. Reporting fees
2. Mileage
3. Miscellaneous
1. Reporting fees
The provisions of this section requiring quarterly reports to the county board are mandatory. Quinton v. State, 112 Neb. 684, 200 N.W. 881 (1924).
Mandamus will lie to compel a county sheriff to comply with this section by reporting to the county commissioners the fees collected by him for his services attending on district court and summoning juries. State ex rel. Antelope County v. Miller, 98 Neb. 179, 152 N.W. 326 (1915).
2. Mileage
Mileage fees earned by the deputy traveling in his own conveyance are the property of the deputy and not of the sheriff. State ex rel. Tomka v. Janing, 183 Neb. 76, 158 N.W.2d 213 (1968).
Under this section, a sheriff is not required to report or pay into the county treasury the mileage fees earned and collected by him. Red Willow County v. Peterson, 91 Neb. 750, 137 N.W. 987 (1912).
3. Miscellaneous
No commission is allowed where redemption is made from sheriff's sale. Muinch v. Hull, 181 Neb. 571, 149 N.W.2d 527 (1967).
Sheriff cannot make charge for making return to execution of no property found. Ehlers v. Gallagher, 147 Neb. 97, 22 N.W.2d 396 (1946).
A sheriff is not entitled to any reward for the capture of a person who absconded after being charged with the crime of murder. Ward v. Adams, 95 Neb. 781, 146 N.W. 950 (1914).
Under this section, as it existed in 1903, the fees pertaining to the office of sheriff belonged to the sheriff even though they might have been earned by his deputy, and in such a case, the sheriff could recover against the county without an assignment from the deputy. Dakota County v. Borowsky, 67 Neb. 317, 93 N.W. 686 (1903).
A sheriff or his deputy is not entitled to a fee for making a search and return upon a distress warrant where no property subject to levy was found. Red Willow County v. Smith, 67 Neb. 213, 93 N.W. 151 (1903).
A sheriff is not entitled to a commission upon money which never comes into his hands, but was paid directly by a purchaser to the plaintiff in a foreclosure suit. O'Shea v. Kavanaugh, 65 Neb. 639, 91 N.W. 578 (1902).
An agreement that a sheriff shall be paid fees in excess of those prescribed by the statute for his services is contrary to public policy and void. Phoenix Ins. Co. v. McEvony, 52 Neb. 566, 72 N.W. 956 (1897).
A sheriff is not entitled to a fee for his attendance during the trial of a civil action in a justice of the peace court. Kissinger v. Staley, 44 Neb. 783, 63 N.W. 55 (1895).
A sheriff is entitled to a commission on money paid to him by the purchaser at a foreclosure sale even though the money is in the form of a check which was later returned without being cashed. Kent v. Shickle, Harrison & Howard Iron Co., 42 Neb. 274, 60 N.W. 563 (1894).
Repealed. Laws 1980, LB 628, § 9.
Transferred to section 23-1704.04.
No sheriff or constable shall be entitled to receive on mesne or final process any fees provided for in section 33-117, unless he shall return upon the process, upon which any charge shall be made, the particular items of such charge.
Source: R.S.1866, c. 19, § 29, p. 171; R.S.1913, § 2444; Laws 1915, c. 38, § 1, p. 108; C.S.1922, § 2384; C.S.1929, § 33-123; R.S.1943, § 33-119.
Annotations
A constable cannot recover his fees for serving a writ unless he makes return upon the writ of the particular fees charged. Van Etten v. Selden, 36 Neb. 209, 54 N.W. 261 (1893).
This section does not apply to a sheriff's fee for care, preservation, and custody of attached property because the statute provided compensation for officers serving orders of attachment does not provide compensation for such services. Reed v. Smith, 25 Neb. 64, 40 N.W. 591 (1888).
The clerks of the Supreme Court and of each district court, the county judge, sheriff, constable, register of deeds, and county clerk may in all cases require the party for whom any service is to be rendered to pay the fees in advance of the rendition of such service, or give security for the same to be approved by the officer.
Source: R.S.1866, c. 19, § 27, p. 171; R.S.1913, § 2445; C.S.1922, § 2385; C.S.1929, § 33-124; R.S.1943, § 33-120; Laws 1972, LB 1032, § 219; Laws 1979, LB 85, § 1.
Annotations
Where sheriff demanded in advance fifty cents for return to execution of no property found, under mistake of law, he was not liable for extortion. Ehlers v. Gallagher, 147 Neb. 97, 22 N.W.2d 396 (1946).
This section, which is permissive in form, contemplates the giving of credit for fees and is a legislative recognition of that practice. Douglas County v. Vinsonhaler, 82 Neb. 810, 118 N.W. 1058 (1908).
It is the duty of the clerk of the district court to collect in advance all fees provided by the statute for any service required of him. State v. Several Parcels of Land, 82 Neb. 51, 117 N.W. 450 (1908).
It is the duty of the clerk of the district court to require payment in advance or security for the payment of all fees for his services, and the sureties on his official bond are liable for all fees remaining uncollected at the expiration of his term. Boettcher v. Lancaster County, 74 Neb. 148, 103 N.W. 1075 (1905).
Where a subpoena had been issued and delivered to a constable commanding him to summon jurors to hear a complaint before a justice of the peace charging a misdemeanor, the constable was not entitled to demand that his fees be paid in advance before he summoned the jurors. Beach v. State ex rel. Emmons, 27 Neb. 398, 43 N.W. 177 (1889).
Court costs may be required to be paid in advance of the performance of the required service, and the fact that it is not done in all cases is due merely to official favor. Sechler & Brotherton v. Stark, 12 Neb. 242, 11 N.W. 320 (1882).
In all cases where writs of attachment against property are issued, the officers to whom such writ is directed for service shall be empowered to demand in advance, and receive before said service, the regular fees for service of papers, and in addition thereto a sum of money sufficient to defray the expenses incurred for work and labor in the taking possession of or removal of the property ordered attached, and for the safekeeping thereof; said sum to be taxed in the costs.
Source: Laws 1871, § 1, p. 116; R.S.1913, § 2446; C.S.1922, § 2386; C.S.1929, § 33-125; R.S.1943, § 33-121.
Annotations
A sheriff may return as costs in an attachment suit all actual, necessary, and reasonable charges and expenses which he incurs in taking possession, removing, and preserving the attached property, such as the cost of hiring men to husk standing corn and to look after and feed livestock. William Deering & Company v. Wisherd, 46 Neb. 720, 65 N.W. 788 (1896).
In all cases of attachment, when the property ordered attached consists of merchandise or miscellaneous goods, and time is absolutely necessary to properly appraise the same as required by law, the residents of the county, summoned to appraise said property, shall be entitled to a just and fair compensation for their time, labor and mileage, when necessary to go any distance exceeding one mile, and the sheriff or other officer is empowered to demand and collect the same as other fees; Provided, travel expenses by way of mileage shall be computed at the rate per mile as prescribed in section 33-117.
Source: Laws 1871, § 2, p. 117; R.S.1913, § 2447; C.S.1922, § 2387; C.S.1929, § 33-126; Laws 1933, c. 96, § 8, p. 388; C.S.Supp.,1941, § 33-126; R.S.1943, § 33-122.
Cross References
The county court shall be entitled to the following fees in civil matters:
(1) Twenty dollars for any and all services rendered up to and including the judgment or dismissal of the action other than for a domestic relations matter. Of such twenty-dollar fee, the following amounts shall be remitted to the State Treasurer for credit to the Nebraska Retirement Fund for Judges: (a) Six dollars through June 30, 2021, (b) beginning July 1, 2021, through June 30, 2022, eight dollars, (c) beginning July 1, 2022, through June 30, 2023, nine dollars, (d) beginning July 1, 2023, through June 30, 2024, ten dollars, (e) beginning July 1, 2024, through June 30, 2025, eleven dollars, and (f) beginning July 1, 2025, twelve dollars;
(2) For any and all services rendered up to and including the judgment or dismissal of a domestic relations matter, forty dollars;
(3) For filing a foreign judgment or a judgment transferred from another court in this state, fifteen dollars; and
(4) For writs of execution, writs of restitution, garnishment, and examination in aid of execution, five dollars each.
Source: R.S.1866, c. 19, § 8, p. 164; Laws 1887, c. 41, § 1, p. 458; Laws 1907, c. 56, § 1, p. 229; Laws 1909, c. 58, § 1, p. 286; R.S.1913, § 2449; Laws 1915, c. 39, § 1, p. 110; Laws 1917, c. 45, § 1, p. 125; Laws 1921, c. 95, § 1, p. 357; C.S.1922, § 2388; Laws 1925, c. 98, § 1, p. 284; C.S.1929, § 33-127; Laws 1931, c. 64, § 1, p. 171; Laws 1937, c. 86, § 1, p. 283; C.S.Supp.,1941, § 33-127; R.S.1943, § 33-123; Laws 1945, c. 74, § 1, p. 276; Laws 1972, LB 1032, § 220; Laws 1974, LB 739, § 2; Laws 1981, LB 99, § 2; Laws 1982, LB 928, § 29; Laws 1983, LB 617, § 6; Laws 1989, LB 233, § 2; Laws 1995, LB 270, § 2; Laws 1996, LB 1296, § 7; Laws 2005, LB 348, § 10; Laws 2015, LB468, § 7; Laws 2021, LB17, § 6.
In criminal matters, including preliminary and juvenile hearings, the county court shall receive, for any and all services rendered up to and including the judgment or dismissal of the action and the issuance of mittimus or discharge to the jailer, a fee of twenty dollars. Of such twenty-dollar fee, the following amounts shall be remitted to the State Treasurer for credit to the Nebraska Retirement Fund for Judges: (a) Six dollars through June 30, 2021, (b) beginning July 1, 2021, through June 30, 2022, eight dollars, (c) beginning July 1, 2022, through June 30, 2023, nine dollars, (d) beginning July 1, 2023, through June 30, 2024, ten dollars, (e) beginning July 1, 2024, through June 30, 2025, eleven dollars, and (f) beginning July 1, 2025, twelve dollars.
Source: Laws 1915, c. 39, § 1, p. 110; Laws 1917, c. 45, § 1, p. 126; Laws 1921, c. 95, § 1, p. 359; C.S.1922, § 2388; Laws 1925, c. 98, § 1, p. 285; C.S.1929, § 33-127; Laws 1931, c. 64, § 1, p. 172; Laws 1937, c. 86, § 1, p. 284; C.S.Supp.,1941, § 33-127; R.S.1943, § 33-124; Laws 1945, c. 74, § 2, p. 276; Laws 1972, LB 1032, § 221; Laws 1981, LB 99, § 3; Laws 1982, LB 928, § 30; Laws 1983, LB 617, § 7; Laws 1989, LB 233, § 3; Laws 2005, LB 348, § 11; Laws 2015, LB468, § 8; Laws 2021, LB17, § 7.
Annotations
The independent act considered herein is not unconstitutional for failure to mention in the incidental provision for payment or exemption from payment of costs, nor for failing to refer to and repeal certain other statutes. State ex rel. Douglas v. Gradwohl, 194 Neb. 745, 235 N.W.2d 854 (1975).
(1) In probate matters the county court shall be entitled to receive the following fees:
(a)(i) Twenty-two dollars for probate proceedings commenced and closed informally. Of such twenty-two-dollar fee, the following amounts shall be remitted to the State Treasurer for credit to the Nebraska Retirement Fund for Judges: (A) Six dollars through June 30, 2021, (B) beginning July 1, 2021, through June 30, 2022, eight dollars, (C) beginning July 1, 2022, through June 30, 2023, nine dollars, (D) beginning July 1, 2023, through June 30, 2024, ten dollars, (E) beginning July 1, 2024, through June 30, 2025, eleven dollars, and (F) beginning July 1, 2025, twelve dollars;
(ii) Twenty-two dollars for each subsequent petition or application filed within an informal proceeding, not including the fee for a petition for determination of inheritance tax as provided in section 33-126.03. Of the twenty-two-dollar fee described in this subdivision (ii), the following amounts shall be remitted to the State Treasurer for credit to the Nebraska Retirement Fund for Judges: (A) Six dollars through June 30, 2021, (B) beginning July 1, 2021, through June 30, 2022, eight dollars, (C) beginning July 1, 2022, through June 30, 2023, nine dollars, (D) beginning July 1, 2023, through June 30, 2024, ten dollars, (E) beginning July 1, 2024, through June 30, 2025, eleven dollars, and (F) beginning July 1, 2025, twelve dollars; and
(iii) Twenty-two dollars for any other proceeding under the Nebraska Probate Code for which no court fee is established by statute. Of such twenty-two-dollar fee, the following amounts shall be remitted to the State Treasurer for credit to the Nebraska Retirement Fund for Judges: (A) Six dollars through June 30, 2021, (B) beginning July 1, 2021, through June 30, 2022, eight dollars, (C) beginning July 1, 2022, through June 30, 2023, nine dollars, (D) beginning July 1, 2023, through June 30, 2024, ten dollars, (E) beginning July 1, 2024, through June 30, 2025, eleven dollars, and (F) beginning July 1, 2025, twelve dollars.
The fees assessed under this subdivision (a) shall not exceed the fees which would be assessed for a formal probate under subdivision (b) of this subsection; and
(b) For probate proceedings commenced or closed formally:
(i) When the value does not exceed one thousand dollars, twenty-two dollars;
(ii) When the value exceeds one thousand dollars and is not more than two thousand dollars, thirty dollars;
(iii) When the value exceeds two thousand dollars and is not more than five thousand dollars, fifty dollars;
(iv) When the value exceeds five thousand dollars and is not more than ten thousand dollars, seventy dollars;
(v) When the value exceeds ten thousand dollars and is not more than twenty-five thousand dollars, eighty dollars;
(vi) When the value exceeds twenty-five thousand dollars and is not more than fifty thousand dollars, one hundred dollars;
(vii) When the value exceeds fifty thousand dollars and is not more than seventy-five thousand dollars, one hundred twenty dollars;
(viii) When the value exceeds seventy-five thousand dollars and is not more than one hundred thousand dollars, one hundred sixty dollars;
(ix) When the value exceeds one hundred thousand dollars and is not more than one hundred twenty-five thousand dollars, two hundred twenty dollars;
(x) When the value exceeds one hundred twenty-five thousand dollars and is not more than one hundred fifty thousand dollars, two hundred fifty dollars;
(xi) When the value exceeds one hundred fifty thousand dollars and is not more than one hundred seventy-five thousand dollars, two hundred seventy dollars;
(xii) When the value exceeds one hundred seventy-five thousand dollars and is not more than two hundred thousand dollars, three hundred dollars;
(xiii) When the value exceeds two hundred thousand dollars and is not more than three hundred thousand dollars, three hundred fifty dollars;
(xiv) When the value exceeds three hundred thousand dollars and is not more than four hundred thousand dollars, four hundred dollars;
(xv) When the value exceeds four hundred thousand dollars and is not more than five hundred thousand dollars, five hundred dollars;
(xvi) When the value exceeds five hundred thousand dollars and is not more than seven hundred fifty thousand dollars, six hundred dollars;
(xvii) When the value exceeds seven hundred fifty thousand dollars and is not more than one million dollars, seven hundred dollars;
(xviii) When the value exceeds one million dollars and is not more than two million five hundred thousand dollars, eight hundred dollars;
(xix) When the value exceeds two million five hundred thousand dollars and is not more than five million dollars, one thousand dollars; and
(xx) On all estates when the value exceeds five million dollars, one thousand five hundred dollars.
(2) The fees prescribed in subdivision (1)(b) of this section shall be based on the gross value of the estate, including both real and personal property in the State of Nebraska at the time of death. The gross value shall mean the actual value of the estate less liens and joint tenancy property. Formal fees shall be charged in full for all services performed by the court, and no additional fees shall be charged for petitions, hearing, and orders in the course of such administration. The court shall provide one certified copy of letters of appointment without charge. In other cases when it is necessary to copy instruments, the county court shall be allowed the fees provided in section 33-126.05. In all cases when a petition for probate of will or appointment of an administrator, special administrator, personal representative, guardian, or trustee or any other petition for an order in probate matters is filed and no appointment is made or order entered and the cause is dismissed, the fee shall be ten dollars.
Source: R.S.1866, c. 19, § 8, p. 164; Laws 1887, c. 41, § 1, p. 459; Laws 1907, c. 56, § 1, p. 230; Laws 1909, c. 58, § 1, p. 287; R.S.1913, § 2449; Laws 1915, c. 39, § 1, p. 111; Laws 1917, c. 45, § 1, p. 126; Laws 1921, c. 95, § 1, p. 358; C.S.1922, § 2388; Laws 1925, c. 98, § 1, p. 285; C.S.1929, § 33-127; Laws 1931, c. 64, § 1, p. 172; Laws 1937, c. 86, § 1, p. 284; C.S.Supp.,1941, § 33-127; R.S.1943, § 33-125; Laws 1945, c. 74, § 3, p. 277; Laws 1963, c. 187, § 1, p. 629; Laws 1975, LB 481, § 22; Laws 1982, LB 928, § 31; Laws 1983, LB 2, § 1; Laws 1984, LB 373, § 2; Laws 1984, LB 492, § 1; Laws 1989, LB 233, § 4; Laws 2005, LB 348, § 12; Laws 2015, LB468, § 9; Laws 2021, LB17, § 8.
Cross References
Annotations
A county court does not lack subject matter jurisdiction of an original proceeding on the basis that no filing fee was assessed and paid. In re Estate of Adelung, 306 Neb. 646, 947 N.W.2d 269 (2020).
Repealed. Laws 1989, LB 233, § 11.
Repealed. Laws 1988, LB 799, § 1.
In matters of guardianship and conservatorship, the county court shall be entitled to receive the following fees: Upon the filing of a petition for the appointment of a guardian, twenty-two dollars; upon the filing of a petition for the appointment of a conservator, twenty-two dollars; upon the filing of one petition for a consolidated appointment of both a guardian and conservator, twenty-two dollars; for the appointment of a successor guardian or conservator, twenty-two dollars; for the appointment of a temporary guardian or temporary or special conservator, twenty-two dollars; and for proceedings for a protective order in the absence of a guardianship or conservatorship, twenty-two dollars. If there is more than one ward listed in a petition for appointment of a guardian or conservator or both, only one filing fee shall be assessed. Two dollars of each twenty-two-dollar fee shall be remitted to the State Treasurer for credit to the Nebraska Retirement Fund for Judges through June 30, 2021. Beginning July 1, 2021, four dollars of each twenty-two-dollar fee shall be remitted to the State Treasurer for credit to the Nebraska Retirement Fund for Judges. While such guardianship or conservatorship is pending, the court shall receive five dollars for filing and recording each report. When the appointment of a custodian as provided for in the Nebraska Uniform Transfers to Minors Act is made, the county court shall be entitled to receive a fee of twenty dollars.
Source: R.S.1866, c. 19, § 8, p. 164; Laws 1887, c. 41, § 1, p. 460; Laws 1907, c. 56, § 1, p. 231; Laws 1909, c. 58, § 1, p. 288; R.S.1913, § 2449; Laws 1915, c. 39, § 1, p. 111; Laws 1917, c. 45, § 1, p. 127; Laws 1921, c. 95, § 1, p. 359; C.S.1922, § 2388; Laws 1925, c. 98, § 1, p. 286; C.S.1929, § 33-127; Laws 1931, c. 64, § 1, p. 173; Laws 1937, c. 86, § 1, p. 286; C.S.Supp.,1941, § 33-127; R.S.1943, § 33-126; Laws 1945, c. 74, § 4, p. 278; Laws 1949, c. 95, § 1(2), p. 255; Laws 1951, c. 103, § 1, p. 508; Laws 1963, c. 189, § 1, p. 633; Laws 1975, LB 481, § 23; Laws 1982, LB 928, § 33; Laws 1984, LB 492, § 2; Laws 1988, LB 790, § 5; Laws 1989, LB 233, § 5; Laws 1992, LB 907, § 27; Laws 2005, LB 348, § 13; Laws 2021, LB17, § 9.
Cross References
In all matters for the determination of inheritance tax under Chapter 77, article 20, the county court shall be entitled to receive fees of twenty-two dollars. Fees under this section shall not be charged if fees have been imposed pursuant to subdivision (1)(b) of section 33-125. Except in cases instituted by the county attorney, such fee shall be paid by the person petitioning for such determination. Two dollars of such fee shall be remitted to the State Treasurer for credit to the Nebraska Retirement Fund for Judges through June 30, 2021. Beginning July 1, 2021, four dollars of such fee shall be remitted to the State Treasurer for credit to the Nebraska Retirement Fund for Judges.
Source: R.S.1866, c. 19, § 8, p. 164; Laws 1887, c. 41, § 1, p. 460; Laws 1907, c. 56, § 1, p. 231; Laws 1909, c. 58, § 1, p. 288; R.S.1913, § 2449; Laws 1915, c. 39, § 1, p. 111; Laws 1917, c. 45, § 1, p. 127; Laws 1921, c. 95, § 1, p. 359; C.S.1922, § 2388; Laws 1925, c. 98, § 1, p. 286; C.S.1929, § 33-127; Laws 1931, c. 64, § 1, p. 173; Laws 1937, c. 86, § 1, p. 286; C.S.Supp.,1941, § 33-127; R.S.1943, § 33-126; Laws 1945, c. 74, § 4, p. 278; Laws 1949, c. 95, § 1(3), p. 256; Laws 1959, c. 376, § 1, p. 1316; Laws 1975, LB 481, § 24; Laws 1982, LB 928, § 34; Laws 1984, LB 373, § 3; Laws 1989, LB 233, § 6; Laws 2005, LB 348, § 14; Laws 2021, LB17, § 10.
In all matters of adoption, for each child adopted five dollars shall be allowed the court for the entire proceeding.
Source: R.S.1866, c. 19, § 8, p. 164; Laws 1887, c. 41, § 1, p. 460; Laws 1907, c. 56, § 1, p. 231; Laws 1909, c. 58, § 1, p. 288; R.S.1913, § 2449; Laws 1915, c. 39, § 1, p. 111; Laws 1917, c. 45, § 1, p. 127; Laws 1921, c. 95, § 1, p. 359; C.S.1922, § 2388; Laws 1925, c. 98, § 1, p. 286; C.S.1929, § 33-127; Laws 1931, c. 64, § 1, p. 173; Laws 1937, c. 86, § 1, p. 286; C.S.Supp.,1941, § 33-127; R.S.1943, § 33-126; Laws 1945, c. 74, § 4, p. 278; Laws 1949, c. 95, § 1(4), p. 256; Laws 1961, c. 163, § 1, p. 493; Laws 1975, LB 481, § 25; Laws 1982, LB 928, § 35; Laws 1984, LB 492, § 3; Laws 1989, LB 233, § 7.
The county court shall be allowed the following miscellaneous fees: For delayed birth registration, for the entire proceedings, ten dollars; for depositing will for safekeeping and indexing the same, two dollars; and for each use of any credit card authorized by the court for any payment, a fee established in the manner provided in subsection (3) of section 81-118.01. The legal fees for printing notices required by law to be printed in some newspaper shall be allowed in addition to the fees allowed in this section. For the following services performed by the county court, it shall be entitled to receive the following fees: For temporary restraining order in injunction, in the absence of the district judge, five dollars; for appointment of appraisers in condemnation proceedings, fifteen dollars, plus one dollar for each additional parcel of land included in the petition when there is more than one; and for certifying report of appraisers to the county clerk or register of deeds and making transcript of the same to the district court, one dollar per page. In addition to the fees provided in sections 33-123 to 33-125, the county court shall be entitled to the following fees: For providing photocopies, twenty-five cents per page; and for executing certificate and affixing the seal, one dollar.
Source: R.S.1866, c. 19, § 8, p. 164; Laws 1887, c. 41, § 1, p. 460; Laws 1907, c. 56, § 1, p. 231; Laws 1909, c. 58, § 1, p. 288; R.S.1913, § 2449; Laws 1915, c. 39, § 1, p. 111; Laws 1917, c. 45, § 1, p. 127; Laws 1921, c. 95, § 1, p. 359; C.S.1922, § 2388; Laws 1925, c. 98, § 1, p. 286; C.S.1929, § 33-127; Laws 1931, c. 64, § 1, p. 173; Laws 1937, c. 86, § 1, p. 286; C.S.Supp.,1941, § 33-127; R.S.1943, § 33-126; Laws 1945, c. 74, § 4, p. 278; Laws 1949, c. 95, § 1(5), p. 256; Laws 1961, c. 164, § 1, p. 494; Laws 1969, c. 275, § 1, p. 1041; Laws 1971, LB 383, § 1; Laws 1975, LB 481, § 26; Laws 1982, LB 928, § 36; Laws 1984, LB 492, § 4; Laws 1986, LB 525, § 3; Laws 1988, LB 370, § 11; Laws 1989, LB 233, § 8; Laws 1999, LB 51, § 2; Laws 2002, LB 57, § 1; Laws 2005, LB 348, § 15.
The county court shall be entitled to collect the following fees: For the registration of any trust, whether testamentary or not, twenty-two dollars; for each proceeding initiated in county court concerning the administration and distribution of trusts, the declaration of rights, and the determination of other matters involving trustees and beneficiaries of trusts, twenty-two dollars; for the appointment of a successor trustee, twenty-two dollars; and for filing and recording each report, five dollars. Two dollars of each twenty-two-dollar fee shall be remitted to the State Treasurer for credit to the Nebraska Retirement Fund for Judges through June 30, 2021. Beginning July 1, 2021, four dollars of each twenty-two-dollar fee shall be remitted to the State Treasurer for credit to the Nebraska Retirement Fund for Judges.
Source: Laws 1975, LB 481, § 27; Laws 1982, LB 928, § 37; Laws 1989, LB 233, § 9; Laws 2005, LB 348, § 16; Laws 2021, LB17, § 11.
(1) In addition to all other court costs assessed according to law, a state docket fee shall be taxed as costs in each civil cause of action or traffic misdemeanor or infraction filed in the district courts and county courts in the following dollar amounts:
(2) The fees shall be remitted to the State Treasurer on forms prescribed by the State Treasurer within ten days after the end of the month. The State Treasurer shall credit the fees to the General Fund.
(3) Notwithstanding section 29-2709, Title IV-D status, or the in forma pauperis status of any litigant, a county, city, or village shall not be required to pay the state docket fee in any case.
Source: Laws 2026, LB935, § 35.
Operative date: 2026-07-01.
Repealed. Laws 1961, c. 96, § 11.
Repealed. Laws 1959, c. 266, § 1.
Repealed. Laws 1959, c. 266, § 1.
Repealed. Laws 1959, c. 266, § 1.
Transferred to section 77-401.02.
Each county clerk or register of deeds shall, not later than the fifteenth day of the month following the calendar month in which fees are received, pay over to the county treasurer all fees received and take the receipt of the county treasurer therefor. Except as provided by section 25-2712, all fees received by the county treasurer pursuant to this section shall be credited to the general fund of the county.
Source: Laws 1877, § 2, p. 216, § 5, p. 217; Laws 1913, c. 83, § 1, p. 226; R.S.1913, §§ 2421, 2454; Laws 1917, c. 49, § 1, p. 140; C.S.1922, § 2396; C.S.1929, §§ 33-101, 33-135; Laws 1941, c. 66, § 1, p. 291; C.S.Supp.,1941, § 33-135; R.S.1943, § 33-130; Laws 1961, c. 158, § 3, p. 482; Laws 1972, LB 1032, § 222; Laws 1975, LB 286, § 4.
Annotations
1. Reporting of fees
2. Remedies
3. Miscellaneous
1. Reporting of fees
County judge must report costs received. State ex rel. Nebraska State Bar Assn. v. Conover, 166 Neb. 132, 88 N.W.2d 135 (1958).
County clerk is required to pay over fees received by him quarterly to county treasurer, and this applies to fees earned from duties performed with reference to certificates of title for motor vehicles. Hoctor v. State, 141 Neb. 329, 3 N.W.2d 558 (1942).
Fees received or collected are required to be entered upon the books and reported, and fees earned but not collected need not be reported. Douglas County v. Vinsonhaler, 82 Neb. 810, 118 N.W. 1058 (1908).
It is the duty of the county treasurer to account for the compensation paid to him by the state for collecting and remitting educational land funds, and to add such compensation to the other fees of his office when determining the amount which he must pay into the treasurer of the county. Bedwell v. Custer County, 51 Neb. 387, 70 N.W. 945 (1897).
This section is mandatory and requires the county clerk to make an accurate report to the county board of all fees received by him for official services. State ex rel Board of Supervisors of Holt County v. Hazelet, 41 Neb. 257, 59 N.W. 891 (1894).
A county clerk must report all fees received by him for performing his duties as county clerk irrespective of the fact that in performing such duties he acted as an abstracter or as a notary public. State ex rel. Frontier County v. Kelly, 30 Neb. 574, 46 N.W. 714 (1890).
A county clerk must report all fees received by him for preparing abstracts of title. State ex rel. Miller v. Sovereign, 17 Neb. 173, 22 N.W. 353 (1885).
A county clerk who is ex officio clerk of the district court must report all fees received by him including those pertaining to the district court. State ex rel. Board of County Commissioners of Hamilton County v. Whittemore, 12 Neb. 252, 11 N.W. 310 (1882).
2. Remedies
A cause of action for a writ of mandamus to compel a county clerk to pay into the county treasury the amount of fees received by him as county clerk and ex officio clerk of the district court accrues at the time the report for the current year is made. State ex rel. County Commissioners of Brown County v. Boyd, 49 Neb. 303, 68 N.W. 510 (1896).
Mandamus will lie to compel a county clerk to pay into the county treasury the fees which he received even though his term of office has expired. State ex rel. Cuming County v. Shearer, 29 Neb. 477, 45 N.W. 784 (1890).
The fact that the defendant's term of office had expired and that his successor had been elected did not abate a mandamus action that had been commenced while the defendant was the incumbent county clerk to compel him to report the fees he had collected during his term of office. State ex rel. Franklin County v. Cole, 25 Neb. 342, 41 N.W. 245 (1889).
3. Miscellaneous
This section does not apply to the office of the clerk of the district court. Buffalo County v. Bowker, 111 Neb. 762, 197 N.W. 620 (1924).
It is obligatory upon the officers for whom a fee is provided for performing a marriage ceremony to perform such ceremonies at the request of the public. Douglas County v. Vinsonhaler, 82 Neb. 810, 118 N.W. 1058 (1908).
In an action brought to recover fees received by a county judge, clerk, treasurer, or sheriff, it was essential that the petition allege that the amount sought to be recovered was in excess of the amount which the officer was entitled to retain as compensation for himself and his assistants. Saunders County v. Slama, 82 Neb. 724, 118 N.W. 573 (1908).
This action makes no provision for fees to be paid to a county judge for services performed by him with reference to the appointment of judges and clerks of election. Nuckolls County v. Peebler, 65 Neb. 356, 91 N.W. 289 (1902).
A county clerk is not entitled to a credit for preparing road books and assessor's books and must report in full all fees received by him for preparing certificates of encumbrances. Hazelet v. Holt County, 51 Neb. 716, 71 N.W. 717 (1897).
Where the statute failed to provide extra compensation for the county clerk for preparing the tax list, the county was allowed to recover a fee paid to the county clerk for preparing the tax list where the clerk failed to account for such fee to the county. Heald v. Polk County, 46 Neb. 28, 64 N.W. 376 (1895).
The sheriffs, county judges, county treasurers, county clerks, and registers of deeds of the several counties of the state shall each keep a book, unless authorized to use a computerized system, which shall be provided by the county, which shall be known as the fee book, which shall be a part of the records of such office, and in which shall be entered each and every item of fees collected showing in separate columns the name of the party from whom received, the date of receiving the same, the amount received, and for what service the same was charged. The clerks of the district court shall use the court's electronic case management system provided by the state which shall be the record of receipts and reimbursements.
Source: Laws 1877, § 3, p. 216; R.S.1913, § 2455; C.S.1922, § 2397; Laws 1925, c. 88, § 1, p. 267; C.S.1929, § 33-136; R.S.1943, § 33-131; Laws 1984, LB 679, § 12; Laws 2018, LB193, § 72.
Annotations
An instruction to the jury that this section included sheriffs and required them to keep a fee book was not prejudicial to a defendant in a prosecution for his failure to report fees. Quinton v. State, 112 Neb. 684, 200 N.W. 881 (1924).
Fees received or collected are required to be entered upon the books and reported, and fees earned but not collected need not be reported. Douglas County v. Vinsonhaler, 82 Neb. 810, 118 N.W. 1058 (1908).
Mandamus will lie to compel a county clerk to enter on his fee book the compensation he received for his services as clerk of the county board and for making out the tax lists even though his term has expired. State ex rel. Wayne County v. Russell, 51 Neb. 774, 71 N.W. 785 (1897).
It is the duty of the county clerk to enter in the fee book in full all fees received by him for preparing certificates of encumbrances. Hazelet v. Holt County, 51 Neb. 716, 71 N.W. 717 (1897).
A cause of action for a writ of mandamus to compel a county clerk to enter upon his fee book all fees earned by him as county clerk and ex officio clerk of the district court accrues not later than the time when the report for the current year is made. State ex rel. County Commissioners of Brown County v. Boyd, 49 Neb. 303, 68 N.W. 510 (1896).
This section is mandatory and requires the county clerk to keep a fee book and enter therein all fees received by him for official services. State ex rel. Board of Supervisors of Holt County v. Hazelet, 41 Neb. 257, 59 N.W. 891 (1894).
Any officer who shall fail to comply with the provisions of sections 33-130 and 33-131, or shall fail or neglect to keep correct account of the fees by him received, or shall fail and neglect to make a report to the county board as herein provided, or shall willfully or intentionally omit to charge the fees provided by law, with intent to evade the provisions of said sections, shall be guilty of a Class V misdemeanor. Any such officer who shall make a false report under oath shall be guilty of perjury, and punished accordingly.
Source: Laws 1877, § 4, p. 216; R.S.1913, § 2456; C.S.1922, § 2398; C.S.1929, § 33-137; R.S.1943, § 33-132; Laws 1977, LB 40, § 169.
Annotations
Failure of county judge to report costs received is an offense for which sanctions are prescribed. State ex rel. Nebraska State Bar Assn. v. Conover, 166 Neb. 132, 88 N.W.2d 135 (1958).
A county judge, clerk, treasurer, or sheriff is liable for fees earned by him but not collected where he willfully omitted to charge the fee, or where he negligently omitted to collect the fee, or had taken security therefore and had negligently failed to require sufficient security. Douglas County v. Vinsonhaler, 82 Neb. 810, 118 N.W. 1058 (1908).
Under this section it is the duty of a county clerk to charge and collect the full amount of fees authorized by statute for official services, and he is liable for such fees if he fails or neglects to collect the full fees authorized for the services performed. State ex rel. Board of Supervisors of Holt County v. Hazelet, 41 Neb. 257, 59 N.W. 891 (1894).
Except as otherwise provided in this section, notaries public may charge and collect fees as follows: For each protest, one dollar; for recording the same, two dollars; for each notice of protest, two dollars; for taking affidavits and seal, two dollars; for administering oath or affirmation, two dollars; for each certificate and seal, five dollars; for taking acknowledgment of deed or other instrument, five dollars; and for each mile traveled in serving notice, mileage at the rate provided in section 81-1176. An employee of the state or its political subdivisions may not charge the fees prescribed in this section if his or her governmental employer paid the commission and bonding fees required of notaries public.
Source: R.S.1866, c. 19, § 19, p. 169; Laws 1875, § 1, p. 84; Laws 1911, c. 52, § 1, p. 235; R.S.1913, § 2457; C.S.1922, § 2399; C.S.1929, § 33-138; R.S.1943, § 33-133; Laws 1981, LB 204, § 52; Laws 1994, LB 1004, § 4; Laws 2004, LB 315, § 1.
Annotations
It is the official duty of a notary public to give notice of dishonor of paper intrusted to him and this section provides the fee therefor. Williams v. Parks, 63 Neb. 747, 89 N.W. 395 (1902), 56 L.R.A. 759 (1902).
The fees paid to a notary public for presentation and protest of a negotiable instrument are incident to a recovery on the protested instrument and may be recovered as costs, but they are not part of the debt sued for and cannot be included as part of the amount in dispute when determining jurisdiction in a federal court. Baker v. Howell, 44 F. 113 (D. Neb. 1890).
Repealed. Laws 1972, LB 1032, § 287.
Repealed. Laws 1972, LB 1032, § 287.
Constables shall be allowed the same fees, including mileage, as are allowed sheriffs for like services as provided in section 33-117.
Source: Laws 1974, LB 739, § 3; Laws 1981, LB 204, § 53.
The county boards of the several counties in this state are hereby authorized to audit and allow the fees that may be fixed by law for services that may hereafter be performed by sheriffs in their respective counties in the arrest and examination of offenders charged with felonies.
Source: Laws 1871, § 1, p. 133; Laws 1903, c. 33, § 1, p. 282; R.S.1913, § 2640; C.S.1922, § 2402; C.S.1929, § 33-141; R.S.1943, § 33-136; Laws 1969, c. 276, § 1, p. 1041; Laws 1972, LB 1032, § 223; Laws 1988, LB 1030, § 35.
Annotations
This section is constitutional and not in conflict with other statutory provisions. Boggs v. Board of Commissioners of Washington County, 10 Neb. 297, 4 N.W. 984 (1880).
Repealed. Laws 1973, LB 553, § 1.
Repealed. Laws 1949, c. 97, § 1.
(1) Each member of a grand or petit jury in a district court or county court shall receive for his or her services thirty-five dollars for each day employed in the discharge of his or her duties and mileage at the rate provided in section 81-1176 for each mile necessarily traveled. No juror is entitled to pay for the days he or she is voluntarily absent or excused from service by order of the court. No juror is entitled to pay for nonjudicial days unless actually employed in the discharge of his or her duties as a juror on such days.
(2) In the event that any temporary release from service, other than that obtained by the request of a juror, occasions an extra trip or trips to and from the residence of any juror or jurors the court may, by special order, allow mileage for such extra trip or trips.
(3) Payment of jurors for service in the district and county courts shall be made by the county.
(4) A juror may voluntarily waive payment under this section for his or her service as a juror.
Source: Laws 1867, § 2, p. 90; Laws 1911, c. 51, § 1, p. 234; R.S.1913, § 2463; Laws 1919, c. 115, § 1, p. 280; C.S.1922, § 2404; Laws 1929, c. 105, § 1, p. 395; C.S.1929, § 33-143; Laws 1933, c. 62, § 1, p. 296; C.S.Supp.,1941, § 33-143; R.S.1943, § 33-138; Laws 1947, c. 125, § 1, p. 364; Laws 1957, c. 134, § 1, p. 450; Laws 1965, c. 187, § 1, p. 578; Laws 1969, c. 278, § 1, p. 1045; Laws 1974, LB 736, § 1; Laws 1981, LB 204, § 54; Laws 1984, LB 13, § 75; Laws 1991, LB 147, § 1; Laws 2003, LB 760, § 14; Laws 2012, LB865, § 3; Laws 2020, LB387, § 46.
Annotations
A juror summoned for three weeks' service is entitled to be paid for every day except Sunday during the three weeks unless finally discharged before the three weeks have expired. Cochran v. Lancaster County, 94 Neb. 130, 142 N.W. 862 (1913).
A juror is entitled to compensation for every day that he is in attendance in court and not excused from service. Spalding v. Douglas County, 85 Neb. 265, 122 N.W. 889 (1909).
A juror who served on a jury impaneled in an insanity inquest was entitled to the fee provided by this section. Chappell v. Lancaster County, 84 Neb. 301, 120 N.W. 1116 (1909).
Witnesses before the district court and the county court, except the Small Claims Court, and the grand jury shall receive twenty dollars, and witnesses before the Small Claims Court shall receive eight dollars, for each day actually employed in attendance on the court or grand jury, and if the witness shall reside more than one mile from the courthouse or place where the court is held, he or she shall receive mileage at the rate provided in section 81-1176 for state employees for each mile necessarily traveled.
Source: Laws 1867, § 3, p. 90; R.S.1913, § 2464; C.S.1922, § 2405; Laws 1929, c. 111, § 1, p. 405; C.S.1929, § 33-144; Laws 1933, c. 62, § 2, p. 297; C.S.Supp.,1941, § 33-144; R.S.1943, § 33-139; Laws 1963, c. 190, § 1, p. 635; Laws 1974, LB 736, § 2; Laws 1975, LB 282, § 2; Laws 1981, LB 204, § 55; Laws 1984, LB 13, § 76.
Annotations
1. Witness fee
2. Mileage
3. Miscellaneous
1. Witness fee
Absent a contract for services setting a different fee, an expert witness is entitled only to the fee set by this statute. Lockwood v. Lockwood, 205 Neb. 818, 290 N.W.2d 636 (1980); Hefti v. Hefti, 166 Neb. 181, 88 N.W.2d 231 (1958); Main v. Sherman County, 74 Neb. 155, 103 N.W. 1038 (1905).
This section does not authorize the payment of twenty dollars per day to a material witness during the time that he is confined while unable to post bond. Cochran v. County of Lincoln, 203 Neb. 818, 280 N.W.2d 897 (1979).
Entitlement to witness fee by testifying officers and stockholders of plaintiff corporation is unambiguous and statute contains no exceptions. Nebraska Im-Pruv-All, Inc. v. Sass, 197 Neb. 261, 247 N.W.2d 924 (1976).
In the absence of special contract, expert witness is entitled to statutory fee only. Hefti v. Hefti, 166 Neb. 181, 88 N.W.2d 231 (1958).
Our statutes having fixed the amount to be paid matter of fact witnesses residing within the jurisdiction of the court and subject to its process, for their attendance at trial therein, a special contract to pay such witnesses more than the regular witness fee is illegal, contrary to public policy, and void. State ex rel. Spillman v. First Bank of Nickerson, 114 Neb. 423, 207 N.W. 674 (1926).
A witness summoned to appear before a grand jury was not entitled to a witness fee for merely going to the courthouse where he did not appear before the grand jury or failed to report his presence to the foreman, the bailiff or the county attorney. Dunn v. Douglas County, 61 Neb. 179, 85 N.W. 56 (1901).
A witness who testifies as an expert on a subject requiring special knowledge and skill is, in the absence of a contract for those services, entitled only to the statutory witness fee set out in this section. Davis v. Davis, 7 Neb. App. 78, 578 N.W.2d 907 (1998).
2. Mileage
As a general rule, mileage for witnesses in a civil action is taxed only for the distance that a subpoena will run and become effective. Smith v. Bartlett, 78 Neb. 359, 110 N.W. 991 (1907).
A witness who resides in another state, and who accepts service and testifies for the state in a criminal prosecution, is entitled to mileage for the whole distance that he necessarily travels, and the state is entitled to have such witness fees taxed against the defendant in the event that the prosecution is successful. Ried v. State, 19 Neb. 695, 28 N.W. 300 (1886).
3. Miscellaneous
This section, in conjunction with sections 14-205(25), 14-501, 26-108, and 26-114, is sufficient to determine that the city has the ultimate responsibility to pay for costs incurred in the prosecution of offenders for city ordinances. Jasa v. City of Omaha, 218 Neb. 314, 352 N.W.2d 913 (1984).
Notwithstanding any existing provision to the contrary, when any employee of the State of Nebraska or of any political subdivision thereof is called as a witness in connection with his or her officially assigned duties, or when any privately employed security guard is called as a witness by his or her employer in connection with his or her officially assigned duties, in any action or proceeding in any court in this state, he or she shall not receive any witness fee, attendance fee, or mileage fee which shall be taxed as court costs in such action or proceeding, except that he or she shall be compensated for his or her actual and necessary expenses when required to travel outside of the county of his or her residence. Payment for such actual and necessary expenses shall be made by the party who calls the employee as a witness.
For purposes of this section, volunteer firefighters and rescue squad members and persons authorized by a city or village ordinance or county resolution to issue handicapped parking citations in a volunteer capacity pursuant to section 18-1741.01 testifying in that capacity alone shall not be deemed employees of the State of Nebraska or of any political subdivision of this state.
Source: Laws 1972, LB 1162, § 2; Laws 1973, LB 191, § 1; C.S.Supp.,1974, § 26-173.01; Laws 1975, LB 282, § 1; Laws 1984, LB 703, § 1; Laws 1985, LB 233, § 1; Laws 1995, LB 593, § 10; Laws 1996, LB 1211, § 12.
When witness fees are paid to the clerk of the district or county court in pursuance of judgment of the court and remain uncalled for by the parties entitled to the fees for the period of six months after they have been paid in, the clerk shall prepare a list, under oath, of the causes in which such fees have been paid and remain uncalled for, with the amounts in each cause and the date of judgment, and file the list with the county board of the respective county on the first Tuesday in January, April, July, and October in each year.
Source: Laws 1877, § 1, p. 225; R.S.1913, § 6676; C.S.1922, § 6213; C.S.1929, § 77-2602; R.S.1943, § 77-2401; Laws 1972, LB 1032, § 271; R.S.1943, (1986), § 77-2401; Laws 1989, LB 11, § 1.
Annotations
County is entitled to any interest earned upon public funds in the hands of a county officer. Scotts Bluff County v. McHenry, 130 Neb. 717, 266 N.W. 586 (1936).
Section is constitutional. Douglas County v. Moores, 66 Neb. 284, 92 N.W. 199 (1902).
It shall be the duty of the county board, within twenty days after the filing of the list provided by section 33-140, to cause to be published in some weekly newspaper of general circulation, published in the county, for at least two consecutive issues of the paper, a notice in a form substantially as follows:
To whom it may concern: Report has been made to the county board of ............... County, Nebraska, by the clerk of the district or county court of the county, which report shows that there is now and has been for the last six months remaining in the hands of the clerk certain witness fees which have been uncalled for. If the fees are not called for within six months from .............. (insert the day upon which the first report was made), they will be considered as forfeited and will be paid into the common school fund of ............... County.
Source: Laws 1877, § 1, p. 225; R.S.1913, § 6676; C.S.1922, § 6213; C.S.1929, § 77-2602; R.S.1943, § 77-2402; Laws 1972, LB 1032, § 272; R.S.1943, (1986), § 77-2402; Laws 1989, LB 11, § 2.
All unclaimed witness fees remaining in the hands of the clerk of the district or county court for the period of six months after the list has been filed with the county board shall be paid over to the county treasurer who shall receipt in duplicate for the fees, one of which receipts shall be filed with the county clerk. All such fees shall be credited to the common school fund of the county.
Source: Laws 1877, § 2, p. 226; R.S.1913, § 6677; C.S.1922, § 6214; C.S.1929, § 77-2603; R.S.1943, § 77-2403; Laws 1972, LB 1032, § 273; R.S.1943, (1986), § 77-2403; Laws 1989, LB 11, § 3.
The county board shall examine the books and records of the clerk of the county and district courts of the county. If the board finds that a clerk has failed to report or pay over any of the fees required by section 33-140 to be paid over or reported, the board shall notify the clerk to pay over the fees at once. If the clerk fails to pay over such fees to the county treasurer, the county board shall commence suit in any court having jurisdiction against the clerk and the person who issued the clerk's bond. The action shall be commenced in the name of the county for the benefit of the common schools of the county.
Source: Laws 1877, § 3, p. 226; R.S.1913, § 6678; C.S.1922, § 6215; C.S.1929, § 77-2604; R.S.1943, § 77-2404; R.S.1943, (1986), § 77-2404; Laws 1989, LB 11, § 4; Laws 2018, LB193, § 73.
Annotations
Legislature may impose condition that witness fees and costs shall be called for within a certain specified time. Douglas County v. Moores, 66 Neb. 284, 92 N.W. 199 (1902).
(1) Until one year after September 9, 1995, the legal rate for the publication of all legal notices other than those exceptional legal notices described in section 33-142 shall be forty-one cents per line, single column, standard newspaper measurements of eight-point type and pica width of eleven for the first insertion and thirty-five and nine-tenths cents per line, single column, standard newspaper measurements of eight-point type and pica width of eleven for each subsequent insertion. Publication of such notices may be in any type selected by the publisher. For the purpose of uniformity, the calculation of fees for such publication shall be based on the official conversion table that follows:
(2) Until October 1, 2022, the legal rate for the publication of all legal notices other than those exceptional legal notices described in section 33-142 shall be forty-five cents per line, single column, standard newspaper measurements of eight-point type and pica width of eleven for the first insertion and thirty-nine and four-tenths cents per line, single column, standard newspaper measurements of eight-point type and pica width of eleven for each subsequent insertion. Publication of such notices may be in any type selected by the publisher. For the purpose of uniformity, the calculation of fees for such publication shall be based on the official conversion table that follows:
(3) Beginning October 1, 2022, and until October 1, 2023, the legal rate for the publication of all legal notices other than those exceptional legal notices described in section 33-142 shall be forty-eight cents per line, single column, standard newspaper measurements of eight-point type and pica width of eleven for the first insertion and thirty-nine and four-tenths cents per line, single column, standard newspaper measurements of eight-point type and pica width of eleven for each subsequent insertion. Publication of such notices may be in any type selected by the publisher. For the purpose of uniformity, the calculation of fees for such publication shall be based on the official conversion table that follows:
(4) Beginning October 1, 2023, the legal rate for the publication of all legal notices other than those exceptional legal notices described in section 33-142 shall be fifty cents per line, single column, standard newspaper measurements of eight-point type and pica width of eleven for the first insertion and forty-three and thirty-four hundredths cents per line, single column, standard newspaper measurements of eight-point type and pica width of eleven for each subsequent insertion. Publication of such notices may be in any type selected by the publisher. For the purpose of uniformity, the calculation of fees for such publication shall be based on the official conversion table that follows:
Source: R.S.1866, c. 19, § 17, p. 168; Laws 1869, § 1, p. 159; R.S.1913, § 2466; Laws 1921, c. 181, § 1, p. 682; C.S.1922, § 2407; C.S.1929, § 33-146; R.S.1943, § 33-141; Laws 1951, c. 105, § 1, p. 511; Laws 1965, c. 189, § 1, p. 580; Laws 1971, LB 401, § 1; Laws 1982, LB 629, § 1; Laws 1989, LB 298, § 1; Laws 1995, LB 418, § 1; Laws 2022, LB840, § 2; Laws 2026, LB596, § 10.
Effective date: 2026-07-18.
Annotations
This section prescribes a maximum rate for printing legal notices, and it is the rate to be charged in the absence of a specific agreement for a lower rate. Wisner v. Morrill County, 117 Neb. 324, 220 N.W. 280 (1928).
The first subdivision of this section, prior to its amendment in 1921, governed the computation of fees for publishing the notice of suit and list of lands necessary to an action under the scavenger law. Bee Publishing Co. v. Douglas County, 78 Neb. 244, 110 N.W. 624 (1907).
A printer is not required to charge the full legal rate prescribed by the statute, and if a printer charges less than the full legal rate for printing a notice of sale in a foreclosure action, that is the amount which the sheriff may charge as costs in the case. Phoenix Ins. Co. v. McEvony, 52 Neb. 566, 72 N.W. 956 (1897).
A public official or other legal notice purchaser who determines it is necessary or for purposes of public information desirable to publish a legal notice using (1) a type size larger than shown in the conversion table in section 33-141, (2) placement of the legal notice in a place more prominent than the regular legal notice portion of the legal newspaper, or (3) a legal newspaper with a paid statewide circulation in excess of one hundred thousand may negotiate with any legal newspaper for a separate contract rate different from the rates set forth in section 33-141 but no higher than the newspaper's lowest scheduled rate for classified advertisements of the type sought to be purchased.
Source: Laws 1989, LB 298, § 2.
If a legal notice required by any statute of this state cannot be purchased at the rate set forth in section 33-141 or at the fraction of that rate specified by the particular statute requiring the legal notice, the legal notice purchaser may substitute for published legal notice a form of legal notice which includes, but is not limited to, posting the notice for the full period specified in the statute at the place or places specified in the statute. If no place is specified, then the posting shall be in full public view at the regular meeting place or office of any public entity involved, at the place where the particular meeting, act, or event described by the notice is to occur, and on a public bulletin board in the municipal office building and the county office building of the municipality and county nearest to the place of the meeting, act, or event described in the notice.
Source: Laws 1989, LB 298, § 3.
Repealed. Laws 1959, c. 140, § 7.
In all actions, motions, and proceedings in the Supreme Court, Court of Appeals, district courts, separate juvenile courts, and county courts, the costs of the parties shall be taxed and entered on the record separately.
Source: R.S.1866, c. 19, § 26, p. 170; R.S.1913, § 2470; C.S.1922, §§ 2411, 2412; C.S.1929, § 33-150; R.S.1943, § 33-145; Laws 1991, LB 1, § 4; Laws 1991, LB 732, § 98.
Annotations
The requirement of this section is satisfied if a separate itemized statement of the costs appears on the margin of the record. Kissenger v. Staley, 44 Neb. 783, 63 N.W. 55 (1895).
It is the duty of the clerk to tax the costs of each party separately, and where all costs have been entered up in one general fee bill, a motion to retax the costs separately is proper. Wallace v. Flierschman, 22 Neb. 203, 34 N.W. 372 (1887).
Where the costs of each party have not been taxed separately and a motion to retax costs separately has been filed, the judgment may be reversed, not upon the merits, but only so far as is necessary to correct the error in the taxation of costs. Cooper & Co. v. Hall, 22 Neb. 168, 34 N.W. 349 (1887).
It shall be lawful for any person to refuse payment of fees to any officer who will not make out a fee bill signed by him if required, and also a receipt or discharge signed by him for fees paid.
Source: R.S.1866, c. 19, § 28, p. 171; R.S.1913, § 2471; C.S.1922, § 2413; C.S.1929, § 33-151; R.S.1943, § 33-146.
Annotations
Under this section the furnishing of an itemized bill of fees to the party for whom the services were rendered is a condition precedent to bringing suit to recover the fees if such a bill has been requested and the right to it has not been waived. Van Etten v. Selden, 36 Neb. 209, 54 N.W. 261 (1893).
If any officer shall take greater fees than those prescribed in sections 33-101 to 33-146, for any service to be done by him in his office, or shall charge or demand, and take any of the fees prescribed in said sections without performing the service for which such fees are authorized, he shall forfeit and pay the sum of fifty dollars to the party injured, to be recovered as debts of the same amount are recoverable by law.
Source: R.S.1866, c. 19, § 30, p. 171; R.S.1913, § 2472; C.S.1922, § 2414; C.S.1929, § 33-152; R.S.1943, § 33-147.
Annotations
1. Constitutionality
2. Actions
3. Defenses
4. Miscellaneous
1. Constitutionality
This section provides a fixed sum in the nature of liquidated damages to be recovered by a person who suffered an injury through the wrongful act or oppression of a public officer and does not violate the constitutional provision relating to the disposition of fines, penalties, and license money. Graham v. Kibble, 9 Neb. 182, 2 N.W. 455 (1879).
2. Actions
The penalty prescribed by this section cannot be recovered in a suit on the officer's bond. A cause of action under this section arises whenever an officer receives fees in excess of those prescribed by law, or for services not performed, during his term of office. Sheibley v. Cooper, 79 Neb. 232, 112 N.W. 363 (1907); rehearing denied, 79 Neb. 236, 113 N.W. 626 (1907).
The remedy provided by this section is cumulative and is not ban to a suit in equity for an accounting against an officer for receiving illegal or excessive fees. McGlave v. Fitzgerald, 67 Neb. 417, 93 N.W. 692 (1903).
The penalty provided by this section may be recovered against an officer who charges a fee for performing services for which the statute has not provided a fee. Courier Printing & Publishing Co. v. Leese, 65 Neb. 581, 91 N.W. 357 (1902).
A cause of action to recover the penalty provided by this section and a cause of action to recover illegal fees charged by a sheriff may be properly joined where both causes of action arise from the fees charged by a sheriff for his services in one action. Phoenix Ins. Co. v. McEvony, 52 Neb. 566, 72 N.W. 956 (1897).
The last clause of this section provides the manner in which the penalty may be recovered, and does not confer jurisdiction upon the county courts to hear and determine actions brought to recover the penalty. Crow v. Bowen, 19 Neb. 528, 26 N.W. 251 (1886).
Where an action to recover the penalty provided by this section has been commenced, a constable cannot amend his return so as to show that the fees charged were actually earned unless the parties in interest are given notice of the application for leave to amend. Newby v. Miller, 5 Neb. Unof. 468, 98 N.W. 1066 (1904).
3. Defenses
Where payment of fee is made voluntarily, with full knowledge of the facts and at most only under mistake of law, the fee paid cannot be recovered. Ehlers v. Gallagher, 147 Neb. 97, 22 N.W.2d 396 (1946).
A cause of action based on this section is highly penal, and where there was no evidence as to the value of the services performed, a clerk of the district court who had performed the services and collected a fee on the supposition that he was entitled to it as compensation was not liable under this section. Sheibley v. Hurley, 74 Neb. 31, 103 N.W. 1082 (1905).
This section was enacted to provide against the collection of illegal costs by public officers in all cases, and the fact that an injured party could obtain relief through a motion to retax costs is not a ban to an action brought to recover the costs and the penalty provided by this section. O'Shea v. Kavanaugh, 65 Neb. 639, 91 N.W. 578 (1902).
Mistake or ignorance is not a defense in an action brought under this section. Phoenix Ins. Co. v. Bohman, 28 Neb. 251, 44 N.W. 111 (1889).
The fact that the excessive fees were demanded and received by the defendant in good faith is not a defense to an action brought to recover the penalty prescribed by this section. Cobbey v. Burks, 11 Neb. 157, 8 N.W. 386 (1881), 38 Am. R. 364 (1881).
4. Miscellaneous
Police judges are included within the scope of this section as officers whose fees are hereinbefore expressed and limited. Downey v. Coykendall, 81 Neb. 648, 116 N.W. 503 (1908), affirmed on second appeal, 89 Neb. 21, 130 N.W. 983 (1911).
The sureties upon the official bond of an officer are not liable for the penalty prescribed by this section. Eccles v. Walker, 75 Neb. 722, 106 N.W. 977 (1906), reversing Eccles v. United States Fidelity & Guaranty Co., 72 Neb. 734, 101 N.W. 1023, 117 A.S.R. 830 (1904).
Although the effect of payment of excessive fees by an execution debtor may be to reduce the amount realized on the sale of the property, the execution creditor cannot recover the penalty prescribed by this section where the evidence fails to show that the execution debtor is insolvent and unable to pay the judgment. Iler & Co. v. Cronin, 34 Neb. 424, 51 N.W. 970 (1892).
Where three items of illegal fees are paid to a clerk of the district court in one sum and included in one receipt, the overcharge is but one transaction and only fifty dollars may be recovered as a penalty. Lydick v. Palmquist, 31 Neb. 300, 47 N.W. 918 (1891).
All officers whose fees are prescribed in sections 33-101 to 33-147 are hereby required to make fair tables of their respective fees, and keep the same in their respective offices in some conspicuous place, for the inspection of all persons who shall have business in said offices. If any such officer shall neglect to keep a table of fees of his office as aforesaid, such officer shall, for each day of such neglect so to keep a table of fees of his office, forfeit and pay the sum of five dollars, to be recovered by action at law before the county court, for the use of the county in which the offense shall have been committed.
Source: R.S.1866, c. 19, § 31, p. 171; R.S.1913, § 2473; C.S.1922, § 2415; C.S.1929, § 33-153; R.S.1943, § 33-148; Laws 1972, LB 1032, § 225.
Repealed. Laws 1961, c. 165, § 1.
Repealed. Laws 1999, LB 828, § 178.
All money now in the state treasury to the credit of the Board of Barber Examiners, the State Real Estate Commission, the Board of Engineers and Architects, the State Athletic Commissioner, the Nebraska Oil and Gas Conservation Commission pursuant to sections 57-906 and 57-911, and any other state board, bureau, division, fund, or commission not mentioned in this section, and all money collected by each of such boards, bureaus, divisions, or commissions during any biennium, if and when specifically appropriated by the Legislature for that purpose, are made immediately available for the use and benefit of such board, bureau, division, or commission. This section shall not be construed to apply to the fees inuring to the Nebraska Brand Inspection and Theft Prevention Fund.
Source: Laws 1941, c. 68, § 2, p. 295; C.S.Supp.,1941, § 33-163; Laws 1943, c. 89, § 1, p. 294; R.S.1943, § 33-151; Laws 1945, c. 77, § 1, p. 285; Laws 1947, c. 126, § 1, p. 365; Laws 1996, LB 33, § 2; Laws 1999, LB 828, § 2; Laws 2003, LB 242, § 4.
The Director of Administrative Services is authorized and empowered to draw his or her warrants against the several fee fund accounts of each of the special boards, bureaus, commissions, or divisions enumerated in section 33-151, upon duly itemized and verified vouchers approved by the person or persons having supervision or charge of the respective funds and who are authorized by law to approve such vouchers. Upon presentation of the warrants the State Treasurer shall countersign the same and shall pay the warrants out of, but never in excess of, the amount of the fee funds specifically appropriated.
Source: Laws 1941, c. 68, § 3, p. 295; C.S.Supp.,1941, § 33-164; R.S.1943, § 33-152; Laws 1999, LB 828, § 3.
All fees received for taking acknowledgments, oaths and affirmations, by any county officer, or any deputy or employee in his office, whether received for taking acknowledgments, oaths and affirmations, in an official capacity as a county officer or while acting in the capacity of a notary public, must be reported to the county board and paid into the county treasury. Any person who shall violate any of the provisions of this section shall be guilty of a misdemeanor, and, upon conviction thereof, shall be fined in a sum not in excess of one hundred dollars. Any county officer or deputy so offending shall also be subject to removal from office.
Source: Laws 1943, c. 85, § 1, p. 285; R.S.1943, § 33-153.
In addition to all other court costs assessed according to law, a training fee of one dollar shall be taxed as costs for each case filed in each county court and district court, including appeals to such courts, and for each appeal and original action filed in the Court of Appeals and the Supreme Court. The fees shall be remitted to the State Treasurer on forms prescribed by the State Treasurer within ten days after the end of each month. The State Treasurer shall credit the fees to the Supreme Court Education Fund.
Source: Laws 2003, LB 760, § 3.
In addition to all other court costs assessed according to law, a dispute resolution fee of seventy-five cents shall be taxed as costs for each case filed in each county court and district court, including appeals to such courts, and for each appeal and original action filed in the Court of Appeals and the Supreme Court. The fees shall be remitted to the State Treasurer on forms prescribed by the State Treasurer within ten days after the end of each month. The State Treasurer shall credit the fees to the Dispute Resolution Cash Fund.
Source: Laws 2003, LB 760, § 7.
(1) In addition to all other court costs assessed according to law, an indigent defense fee of three dollars shall be taxed as costs for each case filed in each county court and district court, including appeals to such courts, and for each appeal and original action filed in the Court of Appeals and the Supreme Court. The fees shall be remitted to the State Treasurer on forms prescribed by the State Treasurer within ten days after the end of the month. The State Treasurer shall credit the fees to the Commission on Public Advocacy Operations Cash Fund.
(2) In cases under the DNA Testing Act, costs shall be paid as provided in such act.
Source: Laws 1995, LB 646, § 13; Laws 1997, LB 108, § 2; Laws 2000, LB 1085, § 1; Laws 2001, LB 659, § 18; Laws 2002, LB 876, § 67; R.S.Supp.,2002, § 29-3931; Laws 2003, LB 760, § 12; Laws 2005, LB 348, § 17.
Cross References
(1) In addition to all other costs assessed according to law, an assessment of one dollar shall be assessed for each conviction of a person for any misdemeanor or felony in county court or district court and each affirmation on appeal. No such assessment shall be collected in any juvenile court proceeding. No county shall be liable for the assessment imposed pursuant to this section. The assessments shall be remitted to the State Treasurer on forms prescribed by the State Treasurer within ten days after the end of the month.
(2) The Nebraska Crime Victim Fund is created. The fund shall contain the amounts remitted pursuant to subsection (1) of this section and section 83-184. The fund shall be administered by the Nebraska Commission on Law Enforcement and Criminal Justice. As soon as funds become available, the commission shall direct the State Treasurer to transfer money from the Nebraska Crime Victim Fund to the Department of Correctional Services Facility Cash Fund and the Supreme Court Automation Cash Fund to pay for the initial costs in implementing Laws 2010, LB510, in amounts to be determined by the Department of Correctional Services and the Supreme Court and certified to the commission. When such costs are fully reimbursed, the Nebraska Crime Victim Fund shall terminate and the State Treasurer shall distribute seventy-five percent of the funds remitted pursuant to subsection (1) of this section and section 83-184 to the Victim's Compensation Fund to be awarded as compensation for losses and expenses allowable under the Nebraska Crime Victim's Reparations Act and shall distribute twenty-five percent of such funds to the Reentry Cash Fund.
Source: Laws 2010, LB510, § 1.
Cross References
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