15-1202 Appeal; procedure; fees; bond; indigent appellant. - Nebraska Statutes

15-1202. Appeal; procedure; fees; bond; indigent appellant.(1) The partyappealing shall within thirty days after the date of the orderor decision complained of (a) file a notice of appeal with the city clerkspecifying the parties taking the appeal and the order or decision appealedfrom and servea copy of the notice upon the city attorney and(b) deposit the fees and bond or undertaking required pursuant to subsection(2) of this section or file an affidavit pursuant to subsection (3) of thissection. The notice of appeal shall serve as a praecipe for atranscript.(2) Except as providedin subsection (3) of this section, the appellant shall:(a) Deposit with the cityclerk a docket fee in the amount of the filing fee in district court for casesoriginally commenced in district court;(b) Deposit with the cityclerk a cash bond or undertaking with at least one good and sufficient suretyapproved by the city clerk, in the amount of two hundred dollars, on conditionthat the appellant will satisfy any judgment and costs that may be adjudgedagainst him or her; and(c) Deposit with the cityclerk the fees for the preparation of a certified and complete transcriptof the proceedings of the city relating to the order or decision appealed.(3)(a) An appellant mayfile with the city clerk an affidavit alleging that the appellant is indigent.The filing of such an affidavit shall relieve the appellant of the duty todeposit any fee, bond, or undertaking required by subsection (2) of this sectionas a condition for the preparation of the transcript or the perfecting ofthe appeal by the appellant subject to the determination of the court as providedin section 15-1204. In conjunction with the filing of the petition for appealas provided for in section 15-1204, the appellant shall file a copy of theaffidavit alleging his or her indigency and the district court shall ruleupon the issue of indigency prior to the consideration of any other matterrelating to the appeal as provided in section 15-1204.(b) An appellant determinedto be indigent under this subsection shall not be required to deposit anyfee, bond, or undertaking required by subsection (2) of this section. Forpurposes of this section, indigent means the inability to financially pursuethe appeal without prejudicing the appellant's ability to provide economicnecessities for the appellant or the appellant's family.(c) An appellant determinednot to be indigent shall, within thirty days after the determination, depositwith the city clerk the fees and bond or undertaking required by subsection(2) of this section. The appeal shall not proceed further until the city clerknotifies the court that the appropriate deposit has been made. SourceLaws 1969, c. 65, § 2, p. 377; Laws 1983, LB 52, § 3; Laws 1988, LB 352, § 17; Laws 2009, LB441, § 2.AnnotationsThe time for appeal under this section begins to run as of the date the administrative body votes on the action to be taken, rather than the date on which the body finalizes its order. McCorison v. City of Lincoln, 218 Neb. 827, 359 N.W.2d 775 (1984).