Nebraska Statutes 21-538. Disclosure required when foreign series limited liability company or foreign protected series party to proceeding
(a) Not later than thirty days after becoming a party to a proceeding before a civil, administrative, or other adjudicative tribunal of or located in this state or a tribunal of the United States located in this state:
Terms Used In Nebraska Statutes 21-538
- Company: shall include any corporation, partnership, limited liability company, joint-stock company, joint venture, or association. See Nebraska Statutes 49-801
- Company shall: include any corporation, partnership, limited liability company, joint-stock company, joint venture, or association. See Nebraska Statutes 49-801
- Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
- Foreign: when applied to corporations shall include all those created by authority other than that of this state. See Nebraska Statutes 49-801
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Process: shall mean a summons, subpoena, or notice to appear issued out of a court in the course of judicial proceedings. See Nebraska Statutes 49-801
- Service of process: The service of writs or summonses to the appropriate party.
- State: when applied to different states of the United States shall be construed to extend to and include the District of Columbia and the several territories organized by Congress. See Nebraska Statutes 49-801
- United States: shall include territories, outlying possessions, and the District of Columbia. See Nebraska Statutes 49-801
(1) a foreign series limited liability company shall disclose to each other party the name and street and mailing address of:
(A) each foreign protected series of the company; and
(B) each foreign protected-series manager of and a registered agent for service of process for each foreign protected series of the company; and
(2) a foreign protected series of a foreign series limited liability company shall disclose to each other party the name and street and mailing address of:
(A) the company and each manager of the company and an agent for service of process for the company; and
(B) any other foreign protected series of the company and each foreign protected-series manager of and an agent for service of process for the other foreign protected series.
(b) If a foreign series limited liability company or foreign protected series challenges the personal jurisdiction of the tribunal, the requirement that the foreign company or foreign protected series make disclosure under subsection (a) of this section is tolled until the tribunal determines whether it has personal jurisdiction.
(c) If a foreign series limited liability company or foreign protected series does not comply with subsection (a) of this section, a party to the proceeding may:
(1) request the tribunal to treat the noncompliance as a failure to comply with the tribunal’s discovery rules; or
(2) bring a separate proceeding in the court to enforce subsection (a) of this section.