§ 25-2720.01 — Power to set aside, vacate, or modify judgments or orders

Nebraska § 25-2720.01

• Jurisdiction: Nebraska
• Ch. 25: Courts; Civil Procedure

Text

The
county court, including the Small
Claims Court and the county court when sitting as a juvenile court,
shall have the power to set aside default judgments and to vacate or modify
its own judgments or orders during or after the term at which such judgments
or orders were made in the same manner as provided for actions filed in the
district court.

Legislative History

Source: Laws 1998, LB 234, § 10; Laws 2006, LB 1115, § 18; Laws 2010, LB712, § 4. Annotations: Under this section, the county court may take certain actions as provided by the Nebraska Constitution or statutes for actions filed in the district court, and it does not confer additional equity jurisdiction on the county court. In re Guardianship & Conservatorship of Maronica B., 314 Neb. 597, 992 N.W.2d 457 (2023). County courts have the power to vacate or modify their own judgments and orders during or after the term in which they were made in the same manner as provided for district courts under section 25-2001. In re Interest of Luz P. et al., 295 Neb. 814, 891 N.W.2d 651 (2017). Courts have the power to vacate or modify their own judgments and orders at any time during the term at which they were pronounced. But this power may not be used to circumvent the Legislature's power to fix the time limit to take an appeal. A court may not vacate an order or judgment and reinstate it at a later date just for the purpose of extending the time for appeal. One exception to this rule against using a court's power to vacate as a tool to extend the time for appeal is where a clerk fails to provide notice of a judgment to a party, thereby impairing the party's ability to appeal. In re Interest of Luz P. et al., 295 Neb. 814, 891 N.W.2d 651 (2017).