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

Neb. Rev. Stat. § 25-1104 (2026)

Issues; how tried generally; court and jury

✓ current as of July 2026
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Issues of law must be tried by the court, unless referred as provided in section 25-1129. Issues of fact arising in actions for the recovery of money or of specific real or personal property, shall be tried by a jury unless a jury trial is waived or a reference be ordered as hereinafter provided.

Notes of Decisions
Cited in 23 cases (3 in the last 5 years), 1949–2022 · leading case: New Tek Mfg., Inc. v. Beehner, 702 N.W.2d 336 (Neb. 2005).
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New Tek Mfg., Inc. v. Beehner, 702 N.W.2d 336 (Neb. 2005). · cites it 4× “Markman I and II have established, in practice, a bifurcated procedure for patent infringement cases, in which the court first determines the scope and meaning of the patent claims asserted, and then the properly construed claims are compared to the allegedly infringing device.”
Jacobson v. Shresta, 288 Neb. 615 (Neb. 2014). · cites it 4× “Neb. Rev. Stat. § 25-1104 (Reissue 2008) provides: Issues of law must be tried by the court, unless referred as provided in section 25-1129.”
Schmid v. Simmons, 311 Neb. 48 (Neb. 2022). · cites it 2× “” 11 Thus, in Nebraska, it is well established that litigants are typically entitled to a jury trial on legal claims, but not equitable claims. 12 As we have explained: Pursuant to the Nebraska Constitution and statutes, this court has traditionally denied jury trials in…”
Kuhlman v. Cargile, 262 N.W.2d 454 (Neb. 1978). · cites it 2× “Molly contends that she was, relying on Article I, section 6, *156 of the Constitution of the State of Nebraska, which provides that the right of trial by jury shall remain inviolate; and on section 25-1104, R. R. S. 1943, which provides that issues of fact arising in actions…”
State Ex Rel. Douglas v. Schroeder, 384 N.W.2d 626 (Neb. 1986). · cites it 2× “However, Neb. Rev. Stat. § 25-1104 (Reissue 1979) provides that “ [i]ssues of fact arising in actions for the recovery of money .”
Barber v. Barber, 296 N.W.2d 463 (Neb. 1980). · cites it 2× “After recognizing that ordinarily the value of an attorney’s services would be a question for the jury, the court stated: “However, as here, when a charging lien is created by agreement, an action to establish and enforce it is within the equity jurisdiction of the court.”
In Re Est. of Massie, 353 N.W.2d 735 (Neb. 1984). · cites it 2× “The district court would then adjudicate the claim in the manner provided in Neb. Rev. Stat. § 25-1104 (Reissue 1979) as to actions for the recovery of money or of specific real or personal property.”
Com. Nat'l Bank & Trust Co. v. Kail, 311 N.W.2d 903 (Neb. 1981). · cites it 2× “See Neb. Rev. Stat. §§ 25-1104 , 30-1601, and 30-1606 (Reissue 1979).”
Gillespie v. Hynes, 95 N.W.2d 457 (Neb. 1959). · cites it 4× “) This provision regarding a jury trial is now found in section 25-1104, R.R.S.1943. This provision, then, stems back to a provision of the territorial law that related to "actions of law" as is shown by the following history of the act.”
State Sec. Co. v. Corkle, 216 N.W.2d 879 (Neb. 1974). · cites it 2× “Section 25-1104, R. R. S. 1943, establishes a right to jury trial in certain civil matters and states, in pertinent part, as follows: “Issues of fact arising in actions for the recovery of money or of specific real or personal property, shall be tried by a jury unless a jury…”
Roy v. Bladen Sch. Dist. No. R-31, 84 N.W.2d 119 (Neb. 1957). · cites it 2× “” Section 25-1104, R. R. S. 1943, provides: “Issues of law must be tried by the court, unless referred as provided in section 25-1129.”
Schroeder v. Oeltjen, 165 N.W.2d 81 (Neb. 1969). · cites it 6× “In regard to our present statutes, it may be noted that section 25-1104, R. R. S. 1943, which is our general statute providing for jury trials, fails to specify this type of case as one in which a jury trial may be had as a matter of right.”
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