Nebraska Revised Statutes
Neb. Rev. Stat. § 25-1330 (2026)
Claimant; right to move for summary judgment
✓ current as of July 2026
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A party seeking to recover in district court upon a claim, counterclaim, or cross-claim or to obtain a declaratory judgment may, at any time after the expiration of thirty days from the service of process on the opposing party or after service of a motion for summary judgment by the adverse party, move with or without supporting affidavits for a summary judgment in his or her favor upon all or any part thereof.
Notes of Decisions
Cited in 52
cases (2 in the last 5 years), 1952–2023 · leading case: DMK Biodiesel v. McCoy, 830 N.W.2d 490 (Neb. 2013).
DMK Biodiesel v. McCoy, 830 N.W.2d 490 (Neb. 2013). “§ 6-1112(b) provides that when matters outside the pleading are presented by the parties and accepted by the trial court with respect to a motion to dismiss under § 6-1112(b)(6), the motion shall be treated as a motion for summary judgment as provided in Neb. Rev. Stat. §§…”
Wynne v. Menard, Inc., 299 Neb. 710 (Neb. 2018). “" Rule 10 discusses this relaxation of the rules of evidence and further directs litigants to Neb. Rev. Stat. §§ 25-1330 to 25-1336 (Reissue 2016), which provide the general procedure to follow when summary judgment is sought.”
Clark v. Scheels All Sports, 989 N.W.2d 39 (Neb. 2023). “5 See Neb. Rev. Stat. § 25-1330 (Reissue 2016) (governing summary judgment by those bringing claims) and Neb.”
Doe v. Omaha Pub. Sch. Dist., 727 N.W.2d 447 (Neb. 2007). “However, rule 12(b) provides that when matters outside of the pleadings are presented by the parties and accepted by the trial court with respect to a motion to dismiss under rule 12(b)(6), the motion “shall be treated” as a motion for summary judgment as provided in Neb.”
Carruth v. State, 712 N.W.2d 575 (Neb. 2006). “Rule 12 provides that when a matter outside of the pleadings is presented by the parties and accepted by the trial court, a defendant’s motion to dismiss must be treated as a motion for summary judgment as provided in Neb. Rev. Stat. §§ 25-1330 to 25-1336 (Reissue 1995 & Cum.”
Ichtertz v. Orthopaedic Specialists of Nebraska, P.C., 730 N.W.2d 798 (Neb. 2007). “Rule 12(b) provides that when matters outside the pleadings are presented by the parties and accepted by the trial court with respect to a motion to dismiss under rule 12(b)(6), the motion “shall be treated” as a motion for summary judgment as provided in Neb. Rev. Stat. §§…”
State v. Schanaman, 835 N.W.2d 66 (Neb. 2013). “10 But to apply § 29-1802, as Schanaman urges, to complaints in county court would require substantively changing the text of § 29-1802.”
Murphy v. Spelts-Schultz Lumber Co., 481 N.W.2d 422 (Neb. 1992). “See Neb. Rev. Stat. § 25-1330 etseq. (Reissue 1989).”
Russell v. Clarke, 724 N.W.2d 840 (Neb. Ct. App. 2006). “See Neb. Rev. Stat. § 25-1330 (Cum. Supp. 2004).”
Currie Ex Rel. Currie v. Chief Sch. Bus Serv., Inc., 553 N.W.2d 469 (Neb. 1996). “In other words, the fact that the summary judgment process is encompassed in chapter 25 ( Neb. Rev. Stat. §§ 25-1330 to 25-1336 (Reissue 1995)) does not preclude this court from finding the summary judgment process to be a special proceeding.”
Karo v. NAU Country Ins. Co., 297 Neb. 798 (Neb. 2017). “798 judicial vacatur not as a motion, but, rather, as an ordinary civil complaint, governed by the Nebraska Court Rules of Pleading in Civil Cases and amenable to motions for summary judgment under Neb. Rev. Stat. § 25-1330 et seq. (Reissue 2016).”
Riley v. State, 506 N.W.2d 45 (Neb. 1993). “In this appeal, the summary judgment, as a factual determination regarding the merits of the action, is a perplexing conclusion in view of the absent subject matter jurisdiction.”
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