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

Neb. Rev. Stat. § 25-1315.03 (2026)

Order for directed verdict or for new trial; appeal

✓ current as of July 2026
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An order entering judgment as provided in section 25-1315.02 or granting or denying a new trial is an appealable order. The time for and manner of taking such appeal shall be as in an appeal from a judgment, decree, or final order of the district court in a civil action. On appeal from an order granting a new trial, upon a review of an order denying a new trial in the action in which such motion was made, or on appeal from the judgment, the appellate court may order and direct judgment to be entered in favor of the party who was entitled to such judgment.

Notes of Decisions
Cited in 37 cases (3 in the last 5 years), 1948–2025 · leading case: Krepcik v. Interstate Transit Lines, 43 N.W.2d 609 (Neb. 1950).
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Krepcik v. Interstate Transit Lines, 43 N.W.2d 609 (Neb. 1950). · cites it 55× “We granted rehearing, the argument to be limited to a consideration of section 25-1315.03, R.R.S.1943, and the effect to be given to that section with respect to the duty and authority of this court to consider the merits of defendant's *613 motion for a new trial filed in the…”
R & D Props., LLC v. Altech Const. Co., 776 N.W.2d 493 (Neb. 2009). · cites it 6× “R & D disagrees and relies on § 25-1315.03, which provides: An order entering judgment [notwithstanding the verdict] or granting or denying a new trial is an appealable order.”
Jarrett v. Eichler, 506 N.W.2d 682 (Neb. 1993). · cites it 5× “01 (Reissue 1989) (a motion for new trial is generally not a prerequisite for appellate review). Second, even though a court grants a motion for new trial, it does not necessarily follow that what has been granted is a “new trial” within the meaning of Neb.”
TDP Phase One v. The Club at the Yard, 307 Neb. 795 (Neb. 2020). · cites it 5× “THE CLUB AT THE YARD Cite as 307 Neb. 795 This case involved both multiple claims for relief and ­ ultiple parties, and the order of restitution appealed from m adjudicated both fewer than all the claims and the rights and liabilities of fewer than all the parties.”
Bass v. Boetel & Co., 217 N.W.2d 804 (Neb. 1974). · cites it 12× “*811 Section 25-1315.03, R.R.S.1943, reads in part as follows: "The Supreme Court on appeal from an order granting a new trial, or upon a review of an order denying a new trial in the action in which such motion was made, or on appeal from the judgment, may order and direct…”
Dunn v. Hemberger, 430 N.W.2d 516 (Neb. 1988). · cites it 7× “Neb. Rev. Stat. § 25-1315.02 (Reissue 1985) authorizes entry of a judgment n.”
Munstermann v. Alegent Health-Immanuel Med. Ctr., 716 N.W.2d 73 (Neb. 2006). · cites it 2× “See Neb. Rev. Stat. § 25-1315.02 (Cum. Supp. 2004).”
Otteman v. Interstate Fire & Cas. Co., 105 N.W.2d 583 (Neb. 1960). · cites it 6× “If it was not then necessity will arise to determine whether or not it was appealable under section 25-1315.03, R. R. S. 1943. A final order within the meaning of section 25-1902, R.”
In Re Fehrenkamp's Est., 48 N.W.2d 421 (Neb. 1951). · cites it 8× “His contention is that section 25-1315.03, R. R. S. 1943, authorizes an appeal only from an order entering judgment, or from an order granting or denying a new trial, and that no such order has been entered.”
Mann v. Mann, 978 N.W.2d 606 (Neb. 2022). · cites it 2× “2d 493, 496 (2009) (explaining “[t]o the extent there is a conflict between two statutes on the same subject, the specific statute controls over the general statute,” and finding Neb. Rev. Stat. § 25-1315.03 (Reissue 2016), rather than § 25-1315(1), controlled the appeal because…”
Ditloff v. Otto, 476 N.W.2d 675 (Neb. 1991). · cites it 5× “The Supreme Court on appeal from an order granting a new trial, or upon review of an order denying a new trial in the action in which such motion was made, or an appeal from the judgment, may order and direct judgment to be entered in favor of the party who was entitled to such…”
Greenberg v. Fireman's Fund Ins., 35 N.W.2d 772 (Neb. 1949). · cites it 2× “These contentions and arguments based on them have caused us to re-examine and restate the rules that govern the district court in considering motions for a new trial in law actions involving jury trials, and likewise the rules that apply here in considering assignments of error…”
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