Burns v. Burns, 296 Neb. 184

Michael and Kerry Burns' post-divorce litigation included a contempt proceeding pending in Adams County district court.
Judge James E. Doyle, appointed by the Nebraska Supreme Court to sit in the 10th Judicial District for this case, ordered Kerry to appear for a show-cause contempt hearing in Dawson County (outside the pending county).
Kerry was personally served in Kansas but did not appear; the court nevertheless held an evidentiary hearing in Dawson County and found her in contempt, imposing jail sanctions and a purge plan.
Kerry moved to vacate the contempt order, arguing the court lacked authority to hold an evidentiary hearing outside the county in which the case was pending.
The district court denied the motion, concluding Neb. Rev. Stat. § 24-303 allowed hearings outside the pending county; Kerry appealed.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether a district court may order a party to appear and hold an evidentiary contempt hearing outside the county where the case is pending	Kerry: Such an order is void for lack of jurisdiction because § 24-303 requires trials/evidentiary hearings to be held in the pending county absent statutory authority or consent	Michael: The issue is venue (waivable); § 24-303 permits holding nonjury hearings in other counties after 2008 amendment	The court held this is a jurisdictional limitation: absent statutory authority or unanimous stipulation, trials and evidentiary hearings must be held in the county where the cause is pending; the Dawson County hearing and resulting orders were void

Burns v. Burns, 293 Neb. 633 (2016) (prior appeal in the parties' ongoing litigation)
Hartman v. Hartman, 265 Neb. 515 (2003) (standards for abuse of discretion)
Talkington v. Womens Servs., 256 Neb. 2 (1999) (exercise of discretion in vacating orders)
Blitzkie v. State, 228 Neb. 409 (1988) (distinction between jurisdiction and venue)
Hanson v. Hanson, 195 Neb. 836 (1976) (acts of court held coram non judice when not in conformity with statute)