Nebraska Complaint regarding Assault and Battery

State:
Multi-State
Control #:
US-CMP-10048
Format:
Word; 
Rich Text
Instant download

Description

This complaint states that plaintiff suffered physical injuries when defendant, in a grossly reckless manner, shot plaintiff. Plaintiff intends to show that defendant committed an aggravated assault and battery on him/her and this was a breach of duty owed to the plaintiff by defendant.
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FAQ

Any person who shall knowingly start a fight, fight, commit assault or battery, make unnecessary noise, or otherwise conduct themselves in such a way as to breach the peace shall be deemed to be guilty of a misdemeanor. (Ref. 17-129, 17-556 RS Neb.) § 6-317 MISDEMEANORS; INDECENT BEHAVIOR.

Nebraska Criminal Statute of Limitations at a Glance Nebraska has no time limit for the state to file charges of murder, treason, arson, or forgery, but most felonies carry a three-year statute of limitations. There's an 18-month time limit for most misdemeanors.

In the state of Nebraska, most personal injury cases have a four-year statute of limitations. For assault and battery or defamation, however, the statute of limitations is one year. These are considered intentional torts.

(1) Except as otherwise provided by law, no person shall be prosecuted for any felony unless the indictment is found by a grand jury within three years next after the offense has been done or committed or unless a complaint for the same is filed before the magistrate within three years next after the offense has been ...

In the state of Nebraska, most personal injury cases have a four-year statute of limitations. For assault and battery or defamation, however, the statute of limitations is one year. These are considered intentional torts.

It shall be unlawful for any person to assault, threaten, strike, or injure any other person or persons. Any person who assaults or batters another person or persons shall be deemed to be guilty of a misdemeanor. (Ref. 28-411 RS Neb.)

(1) A defendant shall serve an answer within 30 days after being served with the summons and complaint or completion of service by publication. (2) A party served with a pleading stating a cross-claim against that party shall serve an answer thereto within 30 days after being served.

28-310. Assault in the third degree; penalty. (b) Threatens another in a menacing manner. (2) Assault in the third degree shall be a Class I misdemeanor unless committed in a fight or scuffle entered into by mutual consent, in which case it shall be a Class II misdemeanor.

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Nebraska Complaint regarding Assault and Battery