Neb. Rev. Stat. » Chapter 25
Nebraska Revised Statutes

Neb. Rev. Stat. § 25-101 (2026)

Civil action

✓ text as last checked Oct. 2026 (this copy records no edition or section history)
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The distinctions between actions at law and suits in equity, and the forms of all such actions and suits heretofore existing, are abolished; and in their place there shall be hereafter but one form of action, which shall be called a civil action.

Notes of Decisions
Cited in 22 cases, 1953–2019 · leading case: Wischmann v. Raikes, 97 N.W.2d 551 (Neb. 1959).
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Wischmann v. Raikes, 97 N.W.2d 551 (Neb. 1959). · cites it 34× “I now go to the "basis for the breadth of this rule" which the court now adopts. It is that because of the code provision there "has been a complete merger of legal and equitable remedies.”
Doty v. West Gate Bank, 874 N.W.2d 839 (Neb. 2016). · cites it 3× “First, it distinguishes a “trustee’s sale” and “an action on the obligation secured by the trust deed.” It does not call the trustee’s sale “an action on the deed.”
McEwen v. Nebraska State Coll. Sys., 931 N.W.2d 120 (Neb. 2019). · cites it 2× “(c) Parties' Arguments McEwen first argues, essentially, that an error proceeding under §§ 25-1901 to 25-1908 is a type of original civil action under Neb. Rev. Stat. § 25-101 (Reissue 2016) which abolished the distinctions between actions at law and suits in equity and…”
State v. Robertson, 881 N.W.2d 864 (Neb. 2016). · cites it 2× “A party is only required to set forth a short and plain statement of the claim showing that the pleader is entitled to relief.31 The party is not required to plead legal theories or cite 22 Neb.”
Fitzgerald v. Fitzgerald, 835 N.W.2d 44 (Neb. 2013). · cites it 2× “Second, as we have already explained, local district court rules are now approved and published by this court and, thus, have a different status than at the time of our earlier deci­ sions.”
Larutan Corp. v. Magnolia Homes Mfg. Co., 209 N.W.2d 177 (Neb. 1973). · cites it 10× “Any other course, says the appellant, would *182 be unconstitutional in view of the separate statutory provisions which, in one instance require trial de novo in this court in suits in equity; and in another, establish one form of action and abolish the distinctions between…”
Gillespie v. Hynes, 95 N.W.2d 457 (Neb. 1959). · cites it 11× “The rule is stated separately and distinctly from the rules that follow in those states such as ours where: "The distinctions between actions at law and suits in equity, and the forms of all such actions and suits heretofore existing, are abolished; and in their place there…”
Waite v. AS Battiato Co., 469 N.W.2d 766 (Neb. 1991). · cites it 4× “In 1968, he was elected president and treasurer. The parties have stipulated that Waite left the corporation's employ on July 31, 1987.”
Jensen v. Omaha Pub. Power Dist., 66 N.W.2d 591 (Neb. 1954). · cites it 4× “” Section 25-101, R. R. S. 1943, provides: “The distinctions between actions at law and suits in equity, and the form of all such actions and suits heretofore existing, are abolished; and in their place there shall be hereafter but one form of action, which shall be called a…”
In re Est. of Snover, 443 N.W.2d 894 (Neb. 1989). · cites it 2× “” The code [of civil procedure] does not contain a definition of an action or a special proceeding but it does declare that there is but one form of action to be called a civil action, and the procedure for commencing and pursuing it to a final conclusion is prescribed---- Any…”
Nebraska Eng'g Co. v. Gerstner, 323 N.W.2d 84 (Neb. 1982). · cites it 2× ““The distinctions between actions at law and suits in equity, and the forms of all such actions and suits heretofore existing, are abolished; and in their place there shall be hereafter but one form of action, which shall be called a civil action.”
Tyler v. Heywood, 607 N.W.2d 186 (Neb. 2000). “” Relator invokes the jurisdiction of this Court pursuant to NeB Rev Stats §§ 25-101, 83-4,111, 83-4,114 et seq., Art I §§ 1 thru 25 the 5th, 8th, 13th & 14th Amendments to [the] US Constitution and Requests (1) a declaration that His 400 day confinement in Hole as is said…”
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