Nebraska Revised Statutes
Neb. Rev. Stat. § 25-1329 (2026)
Motion; when filed; filing before entry of judgment; treatment
✓ current as of July 2026
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A motion to alter or amend a judgment shall be filed no later than ten days after the entry of the judgment. A motion to alter or amend a judgment filed after the announcement of a verdict or decision but before the entry of judgment shall be treated as filed after the entry of judgment and on the day thereof.
Notes of Decisions
Cited in 93
cases (17 in the last 5 years), 1957–2026 · leading case: McEwen v. Nebraska State Coll. Sys., 303 Neb. 552 (Neb. 2019).
McEwen v. Nebraska State Coll. Sys., 303 Neb. 552 (Neb. 2019). “Thus, in those prior decisions, the motion was held not to terminate the time for appeal to a higher court. 1 The question presented here is whether, given a longstanding distinction between appeals and error proceedings, § 25-1329 applies to a district court's judgment…”
State v. Lotter, 917 N.W.2d 850 (Neb. 2018). “Lotter further stated that "[i]n an abundance of caution, this motion is being filed in accordance with the provisions for filing a motion to alter or amend judgment under Neb. Rev. Stat. § 25-1329 [ (Reissue 2016) ].”
Lombardo v. Sedlacek, 299 Neb. 400 (Neb. 2018). “12 The only express limitation to this exception within our statutes governing appellate jurisdiction is that the motion to alter or amend be as described by Neb. Rev. Stat. § 25-1329 (Reissue 2016).”
State v. Amaya, 298 Neb. 70 (Neb. 2017). “Under Neb. Rev. Stat. § 25-1329 (Reissue 2016), a motion to alter or amend a judgment shall be filed no later than 10 days after the entry of the judgment.”
State Ex Rel. Serrano v. Bellamy, 652 N.W.2d 86 (Neb. 2002). “2000), a motion to alter or amend a judgment under Neb. Rev. Stat. § 25-1329 (Cum. Supp. 2000), or a motion to set aside a verdict or judgment under Neb.”
Clarke v. First Nat. Bank of Omaha, 895 N.W.2d 284 (Neb. 2017). “Neb. Rev. Stat. § 25-1329 (Reissue 2016) does not clearly define the grounds for filing a motion to alter or amend a judgment.”
State v. Bao, 690 N.W.2d 618 (Neb. 2005). “The following statutes are at issue in our jurisdictional analysis: Neb. Rev. Stat. §§ 25-1329 (Cum. Supp. 2002) and 25-1912(3) (Cum.”
Bryson L. v. Izabella L., 302 Neb. 145 (Neb. 2019). “The court found that the motion should be considered to be one to alter or amend under Neb. Rev. Stat. § 25-1329 (Reissue 2016) and that it was "initially filed timely on March 9, 2018.”
State v. Lotter, 301 Neb. 125 (Neb. 2018). “Lotter further stated that “[i]n an abundance of caution, this motion is being filed in accordance with the provisions for fil- ing a motion to alter or amend judgment under Neb. Rev. Stat. § 25-1329 [(Reissue 2016)].”
Timmerman v. Neth, 755 N.W.2d 798 (Neb. 2008). “[26] The Court of Appeals correctly applied our decision in Goodman and concluded that Timmerman's appeal to that court was untimely.”
Gebhardt v. Gebhardt, 746 N.W.2d 707 (Neb. Ct. App. 2008). “However, Mason was decided before the operative date (April 16, 2004) of the statute providing for the filing of a motion to alter or amend, Neb.Rev.Stat. § 25-1329 (Cum. Supp. 2006).”
Weeder v. Cent. Cmty. Coll., 691 N.W.2d 508 (Neb. 2005). “As a result, the issue is whether Weeder’s August 22, 2003, motion could be viewed as a motion to alter or amend the judgment pursuant to Neb. Rev. Stat. § 25-1329 (Cum. Supp. 2002), which would toll the time for filing a notice of appeal.”
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