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(2) The clerk or a judge of the court in which the action or proceeding is pending shall issue a trial subpoena upon the request of a party. An attorney, as an officer of the court, may issue and sign a trial subpoena on behalf of the court if the attorney is authorized to practice in the court.
If the person who is found in contempt of court fails to pay the child support ordered in the purge plan, you may file papers requesting that he or she be sent to jail to serve the sentence ordered by the court at the contempt hearing.
You will have to file the Affidavit and Application with the clerk of the district court. The Order to Show Cause and the filed-stamped Affidavit and Application must then be given to the judge for signing and setting a date for the contempt hearing.
If the judge finds that person is in contempt, the judge will sentence that person to a jail sentence and then give him or her a chance to avoid jail by following a purge plan. A purge plan allows the person to correct the behavior that caused the contempt.
Willful disobedience of or resistance willfully offered to any lawful process or order of court constitutes criminal contempt. In re Application of Niklaus, 144 Neb. 503, 13 N.W. 2d 655 (1944).
To start a Small Claims Court lawsuit you must go to the County Courthouse and complete a claim form, sign it before the clerk, and pay the filing fee and service costs. You may mail a completed claim form to the clerk if you have signed it before a Nebraska Notary Public.
(3) Violation of custody in contravention of an order of any district or juvenile court of this state granting the custody of a child under the age of eighteen years to any person, agency, or institution, with the intent to deprive the lawful custodian of the custody of such child, is a Class IV felony.