Here Is What Is Happening In Nebraska
Civil Statute of Limitations
Discovery Rule: Yes (focused on injury date)
Limitations Period: Age 21 + 12 years (Until Age 33)
Tolling:  Yes
  • Until Age 33: Notwithstanding any other provision of law, actions for an injury or injuries suffered by a plaintiff when the plaintiff was a victim of a violation of section 28-319.01 or 28-320.01 can only be brought within 12 years after the plaintiff’s 21st birthday. Criminal prosecution of a defendant under section 28-319.01 or 28-320.01 is not required to maintain a civil action for violation of such sections.
    Nebraska The Unicameral Bill LB 612

  • 4-Year Personal Injury Statute of Limitations: A personal injury action must be brought within 4 years from the time when the cause of action accrues. Neb. Rev. Stat. § 25-207 (2008).
     
  • Delayed Tolling for Minors: The statute of limitations is tolled if the victim “at the time the cause of action accrued [is] within the age of 20 years… [and] shall be entitled to bring such action within the respective times limited by this chapter after such disability is removed.” § 25-213.
     
  • Limited Discovery Rule: The Nebraska Supreme Court has held that the application of a discovery rule is determined by focusing on when the discovery of the injury occurs and not on when the injured party recognizes whose conduct is responsible for the injury. Teater v. State of Nebraska,, 559 N.W.2d 758 (Neb. 1997).
Criminal Statute of Limitations
Limitations Period: None
Tolling: Yes
Exceptions Yes
  • No Statute of Limitations for Most Criminal Prosecutions: No statute of limitations for sexual assault of a child in the first-degree under § 28-319.01 or for sexual assault of a child in the second or third-degree under § 28-320.01. Nor is there any time limitations for prosecution or punishment for sexual assault in the third-degree under §28-320 when the victim is under Age 16 at the time of the offense.
    Neb. Rev. Stat. § 29-110(5) (2008).
News Coverage
Date Title Author Source PDF
06/11/2009 Prosecuting Child Sexual Abuse   1011 Now News
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