(1) Decisions of the Court of Appeals shall be in the form of an order which may be accompanied by a memorandum opinion. The memorandum opinion shall not be published unless publication is ordered by the Court of Appeals. All memorandum opinions shall be filed with the Clerk of the Supreme Court, shall be public records, and shall be made available to the public in such manner as may be determined by the Court of Appeals. (2) In determining whether to publish a memorandum opinion, the Court of Appeals may take into consideration one or more of the following factors: (a) Whether the decision enunciates a new rule of law; (b) Whether the decision applies an established rule of law to a factual situation significantly different from that in published opinions; (c) Whether the decision resolves or identifies a conflict between prior Court of Appeals decisions; (d) Whether the decision will contribute to legal literature by collecting case law or reciting legislative history; and (e) Whether the decision involves a case of substantial and continuing public interest.
Neb. Rev. Stat. § 24-1104
Decisions; form; when published
Applied in 3 court decisions — leading case Metro Renovation, Inc. v. State Department of Labor (1996)
Most recently applied in Kauk v. Kauk (November 2021)
Laws 1991, LB 732, § 4; Laws 1992, LB 360, § 3; Laws 1993, LB 462, § 1; Laws 1996, LB 1296, § 3; Laws 1997, LB 68, § 1.
How often courts cite this section
Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
Official source: Nebraska Legislature. Reproduced from public-domain Nebraska statutes; confirm against the official source for the current text. Not legal advice.