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

Neb. Rev. Stat. § 25-1241 (2026)

Affidavit, defined

✓ text as last checked Oct. 2026 (this copy records no edition or section history)
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An affidavit is a written declaration under oath, made without notice to the adverse party.

Notes of Decisions
Cited in 13 cases (1 in the last 5 years), 1950–2025 · leading case: In re Interest of Fedalina G., 721 N.W.2d 638 (Neb. 2006).
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In re Interest of Fedalina G., 721 N.W.2d 638 (Neb. 2006). · cites it 4× “We stated: In connection with the means by which evidence may be taken, Neb. Rev. Stat. § 25-1240 (Reissue 1989), the Legislature has defined an affidavit as a “written declaration under oath, made without notice to the adverse party,” Neb.”
AVG Partners I v. Genesis Health Clubs, 948 N.W.2d 212 (Neb. 2020). · cites it 2× “GENESIS HEALTH CLUBS jurat that an affidavit was sworn to will not be fatal if the fact otherwise appears.”
State ex rel. Wagner v. Gilbane Bldg. Co., 757 N.W.2d 194 (Neb. 2008). · cites it 2× “[34] Neb.Rev.Stat. § 25-1241 (Reissue 1995). [35] Kulhanek v.”
Medley v. Davis, 529 N.W.2d 58 (Neb. 1995). · cites it 3× “In addition, the unsigned document did not meet the requirements *615 of Neb. Rev. Stat. § 25-1241 (Reissue 1989), which provides: “An affidavit is a written declaration under oath, made without notice to the adverse party.”
State v. Haase, 530 N.W.2d 617 (Neb. 1995). · cites it 2× “In connection with the means by which evidence may be taken, Neb. Rev. Stat. § 25-1240 (Reissue 1989), the Legislature has defined an affidavit as a “written declaration under oath, made without notice to the adverse party,” Neb.”
In re Interest of KDB, 445 N.W.2d 620 (Neb. 1989). · cites it 2× “See, also, Neb. Rev. Stat. § 25-1241 (Reissue 1985).”
State v. Hunter, 451 N.W.2d 922 (Neb. 1990). · cites it 2× “The county court transcript fails to show that Hunter paid the required docket fee or, alternatively, filed a poverty affidavit with the county court within the statutorily specified time. The defendant merely filed an unnotarized letter in which she stated she could not afford…”
State v. Howard, 167 N.W.2d 80 (Neb. 1969). “*283 § 25-1241, R. R. S. 1943. We have held that an affidavit must bear upon its face by the certificate of the officer before whom it was taken evidence that it was duly sworn to by the party making the same.”
First Nat'l Bank v. Greene Bldg. & Supply, Inc., 369 N.W.2d 59 (Neb. 1985). · cites it 2× “The testimony could not be considered a deposition because this previous testimony does not fit in, in any way, under rule 32, Nebraska Discovery Rules (rev. 1983), concerning the taking and using of depositions.”
Kennedy & Parsons Co. v. Schmidt, 42 N.W.2d 191 (Neb. 1950). “§ 25-1241, R. R. S. 1943. We have held that an affidavit must bear upon' its face, by the certificate of the officer before whom it is taken, evidence that it was duly sworn to by the party making the samé.”
Stevens v. Cnty. of Lancaster, No. A-18-003 (Neb. Ct. App. July 2, 2019). · cites it 2× “See, also, Neb. Rev. Stat. § 25-1241 (Reissue 2016).”
Thorne v. Omaha Pub. Power Dist., 510 N.W.2d 575 (Neb. Ct. App. 1994). · cites it 4× “” Neb. Rev. Stat. § 25-1241 (Reissue 1989).”
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