Burns v. Burns, 892 N.W.2d 135

Michael and Kerry Burns divorced in 2004; post-divorce enforcement proceedings continued, including a contempt proceeding pending in the Adams County district court.
The Nebraska Supreme Court temporarily assigned Judge James E. Doyle IV (an 11th Judicial District judge) to preside over the Adams County matter because Michael served as a county court judge in the 10th Judicial District.
On January 6, 2016, Judge Doyle ordered Kerry to appear in Dawson County (Lexington) for a February 12 show-cause hearing; Kerry was personally served but did not appear, and the court held an evidentiary hearing in Dawson County.
On February 24, 2016, the court found Kerry in contempt and sentenced her to 10 days in jail with a purge provision; Kerry moved to vacate the order arguing the court lacked authority to hold the evidentiary hearing outside Adams County.
The district court denied the motion to vacate, concluding Neb. Rev. Stat. § 24-303 authorized the out-of-county hearing; Kerry appealed, claiming the orders were void for lack of jurisdiction.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether a district court may order a party in a contempt proceeding to appear and hold an evidentiary hearing in a county other than the county where the case is pending	Kerry: Orders are void for lack of jurisdiction because statute requires hearings/trials to be held in the county where the cause is pending absent consent or statutory authority	Michael: This is a venue issue that can be waived; § 24-303 permits holding court or rendering judgment outside the pending county (post-2008 amendment)	Court held this is a jurisdictional defect: absent statutory authority or unanimous party stipulation, trials/evidentiary hearings must be held in the county where the cause is pending; the out-of-county hearing and orders were void

Hartman v. Hartman, 265 Neb. 515 (discretion to vacate judgment referenced)
Talkington v. Womens Servs., 256 Neb. 2 (vacatur discretion not arbitrary)
Blitzkie v. State, 228 Neb. 409 (distinction between jurisdiction and venue)
Concrete Indus. v. Nebraska Dept. of Rev., 277 Neb. 897 (judicial authority/chambers actions discussed)
State v. Marshall, 272 Neb. 924 (courts may take judicial notice of their records)
Hanson v. Hanson, 195 Neb. 836 (acts of court held coram non judice when not in conformity with statute)