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

Neb. Rev. Stat. § 25-1335 (2026)

Party unable to justify opposition by affidavit; refusal of order; continuance

✓ current as of July 2026
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Should it appear from the affidavits of a party opposing the motion that he cannot for reasons stated present by affidavit facts essential to justify his opposition, the court may refuse the application for judgment or may order a continuance to permit affidavits to be obtained or depositions to be taken or discovery to be had or may make such other order as is just.

Notes of Decisions
Cited in 25 cases (5 in the last 5 years), 1965–2025 · leading case: Lombardo v. Sedlacek, 299 Neb. 400 (Neb. 2018).
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Lombardo v. Sedlacek, 299 Neb. 400 (Neb. 2018). · cites it 12× “On June 9, Lombardo filed a motion to continue the hearing on the motion for summary judgment, pursuant to Neb. Rev. Stat. § 25-1335 (Reissue 2016).”
DeCamp v. Lewis, 435 N.W.2d 883 (Neb. 1989). · cites it 60× “" At the November 19, 1986, hearing on Lewis' motion for summary judgment, DeCamp's counsel acknowledged "we are not in a position to respond to the merits of the motion for summary judgment" and relied on Neb.Rev.Stat. § 25-1335 (Reissue 1985): Should it appear from the…”
Wachtel by & Through Wachtel v. Beer, 427 N.W.2d 56 (Neb. 1988). · cites it 16× “” Neb. Rev. Stat. § 25-1335 (Reissue 1985) states: Should it appear from the affidavits of a party opposing the motion that he cannot for reasons stated present by affidavit facts essential to justify his opposition, the court may refuse the application for judgment or may order…”
Gaytan v. Wal-Mart, 289 Neb. 49 (Neb. 2014). · cites it 10× “The purpose of Neb. Rev. Stat. § 25-1335 (Reissue 2008) is to provide a safeguard against an improvident or premature grant of summary judgment.”
George Clift Enters. v. Oshkosh Feedyard Corp., 306 Neb. 775 (Neb. 2020). · cites it 3× “6 It provides: Should it appear from the affidavits of a party opposing the motion that he cannot for reasons stated present by affidavit facts essential to justify his opposition, the court may refuse the application for judgment or may order a continuance to permit affidavits…”
DMK Biodiesel v. McCoy, 830 N.W.2d 490 (Neb. 2013). · cites it 2× “1 DMK and Lanoha argued that if the motion con- verted, then they were entitled to conduct discovery pursuant to Neb. Rev. Stat. § 25-1335 (Reissue 2008).”
Gould v. Orr, 506 N.W.2d 349 (Neb. 1993). · cites it 4× “r summary judgment because (1) there existed, at the time of the motion, genuine issues of material fact regarding the disparity of resources, wealth, tax levies, and educational opportunities throughout Nebraska which affected appellants; (2) appellants were not able to…”
R.W. v. Schrein, 652 N.W.2d 574 (Neb. 2002). · cites it 2× “s prior to submission of the motions for summary judgment? If not, were the objections waived? (3) Were the objections and/or the grounds upon which they were based addressed and resolved by the district court in its order of July 28, 2000, and if so, how were the issues…”
Newman v. Thomas, 652 N.W.2d 565 (Neb. 2002). · cites it 3× “At the summary judgment hearing, Thomas filed an affidavit under Neb. Rev. Stat. § 25-1335 (Reissue 1995) seeking a continuance so that Thomas could have an expert analyze whether Smith’s typewriter had been used to type “POD ALFORD THOMAS.”
Jacob v. Nebraska Bd. of Parole, 982 N.W.2d 815 (Neb. 2022). · cites it 2× “40 See Neb. Rev. Stat. § 25-1335 (Reissue 2016).”
Ronald J. Palagi, P.C. v. Prospect Funding Holdings (Ny), LLC, 302 Neb. 769 (Neb. 2019). · cites it 2× “Neb. Rev. Stat. § 25-1335 (Reissue 2016) provides a safeguard against an improvident or premature grant of summary judgment, 26 but Wheat and Palagi did not, at any time before the court ruled on the summary judgment motion, seek to invoke the protections of that statute, which…”
Medley v. Davis, 529 N.W.2d 58 (Neb. 1995). · cites it 2× “Neb. Rev. Stat. § 25-1335 (Reissue 1989) provides an additional safeguard against a premature grant of summary judgment.”
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