Nebraska Revised Statutes

Neb. Rev. Stat. § 25-1708 (2026)

Plaintiff's costs; when allowed

✓ current as of July 2026
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Where it is not otherwise provided by this and other statutes, costs shall be allowed of course to the plaintiff, except as waived or released in writing by the plaintiff, upon a voluntary payment to the plaintiff after the action is filed but before judgment, or upon a judgment in favor of the plaintiff, in actions for the recovery of money only or for the recovery of specific real or personal property.

Notes of Decisions
Cited in 34 cases (1 in the last 5 years), 1945–2025 · leading case: Jacob v. Schlichtman, 753 N.W.2d 361 (Neb. Ct. App. 2008).
Jacob v. Schlichtman, 753 N.W.2d 361 (Neb. Ct. App. 2008). · cites it 7× “Section 25-1708 provides the following: "Where it is not otherwise provided by this and other statutes, costs shall be allowed of course to the plaintiff, upon a judgment in his favor, in actions for the recovery of money only, or for the recovery of specific real or personal…”
Brumbaugh v. Bendorf, 306 Neb. 250 (Neb. 2020). · cites it 6× “Neb. Rev. Stat. § 25-1708 (Reissue 2016) does not apply to a discretionary award of reasonable litigation expenses under either 18 U.”
Mock v. Neumeister, 296 Neb. 376 (Neb. 2017). · cites it 4× “Unlike Neb. Rev. Stat. §§ 25-1708 and 25-1710 (Reissue 2016), which provide that costs shall be allowed of course to the successful party, Neb.”
Langel Chevrolet-Cadillac, Inc. v. Midwest Bridge & Constr. Co., 329 N.W.2d 97 (Neb. 1983). · cites it 5× “Neb. Rev. Stat. § 25-1708 (Reissue 1979).”
O'Brien v. Cessna Aircraft Co., 298 Neb. 109 (Neb. 2017). · cites it 2× “It is well 86 Neb. Rev. Stat. § 25-1708 (Reissue 2016).”
Dale Elec., Inc. v. Fed. Ins., 286 N.W.2d 437 (Neb. 1979). · cites it 4× “Likewise, with regard to the costs allowable under section 25-1708, R.R.S. 1943, we believe the trial court erred in allowing certain of the costs.”
Houser v. Am. Paving Asphalt, 299 Neb. 1 (Neb. 2018). · cites it 2× “It remanded the 2 See Neb. Rev. Stat. § 25-1708 (Reissue 2016).”
Millard Gutter Co. v. Am. Fam. Ins. Co., 300 Neb. 466 (Neb. 2018). · cites it 4× “31 In an action for the recovery of money, taxable costs upon final judgment are governed by Neb. Rev. Stat. §§ 25-1708 and 25-1710 (Reissue 2016).”
R & S INVESTMENTS v. Auto Auctions, Ltd., 725 N.W.2d 871 (Neb. Ct. App. 2006). · cites it 2× “Neb. Rev. Stat. § 25-1708 (Reissue 1995) provides that “[w]here it is not otherwise provided by this and other statutes, costs shall be allowed of course to the plaintiff, upon a judgment in his favor, in actions for the recovery of money only, or for the recovery of specific…”
Young v. Midwest Fam. Mut. Ins. Co., 753 N.W.2d 778 (Neb. 2008). · cites it 2× “COSTS [10] Under Neb.Rev.Stat. § 25-1708 (Reissue 1995), "costs shall be allowed of course to the plaintiff, upon a judgment in his favor, in actions for the recovery of money only, or for the recovery of specific real or personal property.”
Barelmann v. Fox, 478 N.W.2d 548 (Neb. 1992). · cites it 2× “Neb. Rev. Stat. § 25-1708 (Reissue 1989)provides: “Whereit is not otherwise provided by this and other statutes, costs shall be allowed of course to the plaintiff, upon a judgment in his favor, in actions for the recovery of.”
Steele v. Encore Mfg. Co., 579 N.W.2d 563 (Neb. Ct. App. 1998). · cites it 2× “*9 Neb. Rev. Stat. § 25-1708 (Reissue 1995) conditions Steele’s right to recover costs on his receiving a favorable judgment.”
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