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

Neb. Rev. Stat. § 25-1144 (2026)

New trial; motion; form

✓ current as of July 2026
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The application for a new trial shall be by motion, upon written grounds, filed at the time of making the motion. It shall be sufficient, however, in assigning the grounds of the motion to assign the same in the language of the statute and without further or other particularity. The causes enumerated in subdivisions (2), (3), and (7) of section 25-1142 shall be sustained by affidavits showing their truth and may be controverted by affidavits.

Notes of Decisions
Cited in 23 cases (1 in the last 5 years), 1951–2024 · leading case: Cullinane v. Beverly Enters.-Neb., Inc., 300 Neb. 210 (Neb. 2018).
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Cullinane v. Beverly Enters.-Neb., Inc., 300 Neb. 210 (Neb. 2018). · cites it 2× “70 See Neb. Rev. Stat. §§ 25-1144 , 25-1330 to 25-1336, 25-2160, and 25-2301.”
Jaeger v. Jaeger, 307 Neb. 910 (Neb. 2020). · cites it 2× “Stacey filed a motion, pursuant to Neb. Rev. Stat. § 25-1144 (Reissue 2016), for a new trial and reconsideration.”
State v. Schanaman, 835 N.W.2d 66 (Neb. 2013). · cites it 2× “, supra note 6; Neb. Rev. Stat. §§ 25-1144 (Cum. Supp. 2012) and 25-1144.”
State v. Harris, 307 Neb. 237 (Neb. 2020). · cites it 2× “See, Neb. Rev. Stat. § 25-1144 et seq. (Reissue 2016); § 29-2101 et seq.”
132 Ventures v. Active Spine Physical Therapy, 13 N.W.3d 441 (Neb. 2024). · cites it 2× “39 Neb. Rev. Stat. § 25-1144 (Reissue 2016) states that the application for a new trial shall be by a motion upon written grounds: The application for a new trial shall be by motion, upon written grounds, filed at the time of making the motion.”
Nebraska State Bank v. Dudley, 278 N.W.2d 334 (Neb. 1979). · cites it 4× “" Section 25-1144, R.R.S.1943, prescribes the form of the motion.”
Bechtold v. Gomez, 576 N.W.2d 185 (Neb. 1998). · cites it 2× “It shall be sufficient, however, in assigning the grounds of the motion to assign the same in the language of the statute and without further or other particularity.”
Fries v. Goldsby, 80 N.W.2d 171 (Neb. 1956). · cites it 2× “The motion for new trial and the amended motion for new trial were in compliance with section 25-1144, R. R. S. 1943, which provides in part: ‘It shall be sufficient, however, in assigning the grounds of the motion to assign the same in the language of the statute and without…”
Fisher Corp. v. Consol. Freightways, Inc., 434 N.W.2d 17 (Neb. 1989). · cites it 2× “Fisher argues that Moreland had information material to Fisher which could not with reasonable diligence have been discovered and produced at trial, as her whereabouts were unknown until trial commenced, and, thus, Moreland’s knowledge was “newly discovered,” as contemplated by…”
Cullinane v. Beverly Enters. - Neb., 300 Neb. 210 (Neb. 2018). · cites it 2× “70 See Neb. Rev. Stat. §§ 25-1144 , 25-1330 to 25-1336, 25-2160, and 25-2301.”
Loving v. Baker's Supermarkets, Inc., 472 N.W.2d 695 (Neb. 1991). · cites it 2× “See Neb. Rev. Stat. § 25-1144 (Reissue 1989) (affidavits required to support new trial motion based on jury misconduct).”
Wieck v. Blessin, 85 N.W.2d 628 (Neb. 1957). · cites it 3× “1943), reciting the grounds for new trial therein numbered 1, 2, 3, 5, 6 and 8, in the language of the statute.”
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