Nebraska § 25-2805 Trial without
jury; transfer to county court; fee;
jury demand; timeframe

Nebraska Statutes

§ 25-2805 — Trial without jury; transfer to county court; fee; jury demand; timeframe

Nebraska § 25-2805

Ch. 25Courts; Civil Procedure

This text of Nebraska § 25-2805 (Trial without jury; transfer to county court; fee; jury demand; timeframe) is published on Counsel Stack Legal Research, covering Nebraska primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Neb. Rev. Stat. § 25-2805 (2026).

Text

All matters
in the Small Claims Court shall be tried to the court without a jury. Except
as provided in section  25-2618.01 , any defendant in an action or such defendant's
attorney may transfer the case to the regular docket of the county court by
giving notice to the court at least two days prior to the time set for the
hearing. Upon such notice the case shall be transferred to the regular docket
of the county court. The party causing
the transfer of a case from the Small Claims Court to the regular docket shall
pay as a fee the difference between the fee for filing a claim in Small Claims
Court and the fee for filing a claim on the regular docket.
In any action transferred to the regular docket, there shall be no motions
challenging pleadings unless
ordered by the court upon a showing t

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All matters
in the Small Claims Court shall be tried to the court without a jury. Except
as provided in section 25-2618.01 , any defendant in an action or such defendant's
attorney may transfer the case to the regular docket of the county court by
giving notice to the court at least two days prior to the time set for the
hearing. Upon such notice the case shall be transferred to the regular docket
of the county court. The party causing
the transfer of a case from the Small Claims Court to the regular docket shall
pay as a fee the difference between the fee for filing a claim in Small Claims
Court and the fee for filing a claim on the regular docket.
In any action transferred to the regular docket, there shall be no motions
challenging pleadings unless
ordered by the court upon a showing that any such procedure is necessary to
the prompt and just determination of the action. In any action transferred to the regular docket, a defendant
shall file an answer. Any jury demand in cases transferred from the Small
Claims Court to county court shall be made within the timeframes provided
in section 25-2705 .

Legislative History

Source: Laws 1972, LB 1032, § 25; Laws 1975, LB 283, § 2; Laws 1980, LB 892, § 2; Laws 1981, LB 42, § 11; Laws 1984, LB 13, § 15; Laws 1987, LB 77, § 3; R.S.Supp.,1988, § 24-525; Laws 1997, LB 151, § 10; Laws 2002, LB 876, § 58; Laws 2011, LB669, § 20. Annotations: A suit brought in Small Claims Court and transferred to the regular docket of municipal court prior to the time set for hearing in Small Claims Court is subject to the provisions of law and rules of the court applicable to proceedings in municipal court. State ex rel. Simpson v. Vondrasek, 203 Neb. 693, 279 N.W.2d 860 (1979). When a defendant transfers a case from small claims court to county court pursuant to this section, the plaintiff is not entitled to request a jury trial in the county court action. Dollison v. Mercy Servs. Corp., 7 Neb. App. 555, 584 N.W.2d 674 (1998).