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Proposal would restore right to jury trials in eviction actions amid court-concurring opinion
Summary
Sen. George Dungan introduced LB101 to restore a right to jury trial in residential eviction cases after a Nebraska Supreme Court concurrence raised constitutional concerns about the bench-trial-only provision; supporters called it a constitutional repair, while landlord groups warned of procedural disruption.
Lincoln — Sen. George Dungan told the Judiciary Committee LB101 amends the Uniform Residential Landlord and Tenant Act to allow either party to demand a jury trial in eviction actions and to prevent a lease clause requiring waiver of jury trial.
"This bill allows defendants the right to a trial by jury under the Uniform Residential Landlord and Tenant Act," Dungan said, referencing a concurring opinion in NP Dodge v. Holcomb in which Justice Papik highlighted a potential constitutional problem with bench-trial-only eviction proceedings.
Nut Graf: Proponents…
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