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

Neb. Rev. Stat. § 25-1308 (2026)

Judgment upon failure to answer; procedure

✓ current as of July 2026
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If the taking of an account, or the proof of a fact, or the assessment of damages, be necessary to enable the court to pronounce judgment upon a failure to answer, or after a decision of an issue of law, the court may, with the assent of the party not in default, take the account, hear the proof, or assess the damages; or may, with the like assent, refer the same to a referee, master, or commissioner, or may direct the same to be ascertained or assessed by a jury. If a jury be ordered, it shall be on or after the day on which the action is set for trial. This section shall not be construed to impair the right of a party to a jury if he appear at the trial by himself or attorney, and demand the same.

Notes of Decisions
Cited in 2 cases (1 in the last 5 years), 2013–2025 · leading case: Fitzgerald v. Fitzgerald, 835 N.W.2d 44 (Neb. 2013).
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Fitzgerald v. Fitzgerald, 835 N.W.2d 44 (Neb. 2013). · cites it 4× “§ 42-364 (Cum. Supp. 2012) and is therefore a special proceeding.”
Sherrets Bruno & Vogt v. Montoya, 17 N.W.3d 487 (Neb. 2025). · cites it 2× “2 See, Neb. Rev. Stat. § 25-1308 (Reissue 2016); Neb.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.