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

Neb. Rev. Stat. § 25-1711 (2026)

Award and taxation of costs; power of court to exercise discretion; frivolous appeals in jury cases; actual fees and expenses

✓ current as of July 2026
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In other actions the court may award and tax costs, and apportion the same between the parties on the same or adverse sides, as in its discretion it may think right and equitable. In all cases of appeals from an inferior court or when an original filing made in the district court is within the jurisdictional limits of an inferior court, and a jury is demanded, the court may in its discretion tax as costs the actual fees and expenses necessitated by such jury if the court finds that the appeal was taken or the original filing was made for a frivolous or capricious reason, and such costs may be apportioned between the parties on the same or adverse sides.

Notes of Decisions
Cited in 18 cases, 1952–2019 · leading case: Mock v. Neumeister, 296 Neb. 376 (Neb. 2017).
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Mock v. Neumeister, 296 Neb. 376 (Neb. 2017). · cites it 8× “The taxation of costs in equitable actions is governed by Neb. Rev. Stat. § 25-1711 (Reissue 2016).”
Millard Gutter Co. v. Am. Fam. Ins. Co., 300 Neb. 466 (Neb. 2018). · cites it 6× “44 Douglas County filed an amicus curiae brief, directing our attention to Neb. Rev. Stat. § 25-1711 (Reissue 2016).”
R & S INVESTMENTS v. Auto Auctions, Ltd., 725 N.W.2d 871 (Neb. Ct. App. 2006). · cites it 2× “§ 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 real or personal…”
McGill v. Lion Place Condo. Assn., 291 Neb. 70 (Neb. 2015). · cites it 2× “Although that case specifically dealt with the taxation of costs under Neb. Rev. Stat. § 25-1711 (Reissue 2008), we find it instructive in construing any statute providing only for the recovery of attorney fees and costs.”
Langel Chevrolet-Cadillac, Inc. v. Midwest Bridge & Constr. Co., 329 N.W.2d 97 (Neb. 1983). · cites it 2× “That case merely reiterated the statutory rule that § 25-1708 applies to actions for recovery of money only and that Neb. Rev. Stat. § 25-1711 (Reissue 1979) does not apply to such actions, but rather only to “other” actions.”
Bass v. Dalton, 329 N.W.2d 115 (Neb. 1983). · cites it 2× “Neb. Rev. Stat. § 25-1711 (Reissue 1979).”
Ricenbaw v. Kraus, 61 N.W.2d 350 (Neb. 1953). · cites it 2× “Under this situation the trial court did not abuse its authority as granted to it by section 25-1711, R. R. S. 1943. However as to costs in this court we think, in view of our holding as to damages, they should be taxed toappellee.”
Hein v. M & N Feed Yards, Inc., 289 N.W.2d 756 (Neb. 1980). · cites it 2× “1943, which states: “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 property.”
Ludwig v. Bd. of Cnty. Com'rs of Sarpy Cnty., 103 N.W.2d 838 (Neb. 1960). · cites it 2× “In that connection, section 25-1711, R. R. S. 1943, provides: “In other actions the court may award and tax costs, and apportion the same between the parties on the same or adverse sides, as in its discretion it may think right and equitable.”
Ehlers v. Campbell, 66 N.W.2d 585 (Neb. 1954). · cites it 3× “§ 25-1711, R. R. S. 1943. The instant case is governed by the provisions of section 25-1711, R.”
Stocker v. Wells, 52 N.W.2d 284 (Neb. 1952). · cites it 2× “ble by the act of the opposite party; * * * The questions of good faith and reasonable necessity are for the trial court to determine; and in determining them it will bear in mind that a deposition, at the time of the taking thereof may be apparently necessary in the sense that…”
Richardson v. Waterite Co., 99 N.W.2d 265 (Neb. 1959). · cites it 2× “By the authority of section 25-1711, R. R. S. 1943, we direct that each party shall pay his own costs on the appeal.”
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