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

Neb. Rev. Stat. § 25-1803 (2026)

Award of fees and expenses against state; when authorized

✓ current as of July 2026
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(1) Unless otherwise provided by law, the court having jurisdiction over a civil action brought by the state or an action for judicial review brought against the state pursuant to the Administrative Procedure Act shall award fees and other expenses to the prevailing party unless the prevailing party is the state, except that the court shall not award fees and expenses if it finds that the position of the state was substantially justified.

(2) The court, in its discretion, may reduce the amount to be awarded pursuant to this section, or deny an award, to the extent that the prevailing party, during the course of the proceedings engaged in conduct which unduly and unreasonably protracted the final resolution of the matter in controversy or when an overriding public interest exists which would make an award unjust.

Notes of Decisions
Cited in 16 cases (3 in the last 5 years), 1985–2025 · leading case: Prokop v. Lower Loup Nat. Res. Dist., 302 Neb. 10 (Neb. 2019).
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Prokop v. Lower Loup Nat. Res. Dist., 302 Neb. 10 (Neb. 2019). · cites it 4× “Under Neb. Rev. Stat. § 25-1803 (Reissue 2016), a court hav- ing jurisdiction over a civil action brought by the State or an action for judicial review brought against the State pursuant to the APA shall award fees and other expenses to the pre- vailing party unless the…”
Webb v. Nebraska Dept. of Health & Human Servs., 301 Neb. 810 (Neb. 2018). · cites it 3× “The court's May 10, 2017, order denied Webb's request for attorney fees under state law, Neb. Rev. Stat. § 25-1803 (Reissue 2016), but granted Webb's request for attorney fees under § 1988 and provided Webb 10 days to submit evidence in support of a fee award.”
Interest of Krystal P., 557 N.W.2d 26 (Neb. 1996). · cites it 11× “Neb. Rev. Stat. § 25-1803 (1) (Reissue 1995) provides: Unless otherwise provided by law, the court having jurisdiction over a civil action brought by the state or an action for judicial review brought against the state pursuant to the Administrative Procedure Act shall award…”
State v. Schanaman, 835 N.W.2d 66 (Neb. 2013). · cites it 4× “It is correct that under § 25-2701, we have applied district court procedure to county court proceedings.”
State v. One Thousand Nine Hundred Forty-Seven Dollars in U.S. Currency, 583 N.W.2d 611 (Neb. 1998). · cites it 7× “Motion for Legal Fees Badgett has filed a motion for legal fees pursuant to Neb. Rev. Stat. § 25-1803 (Reissue 1995), which provides: (1) Unless otherwise provided by law, the court having jurisdiction over a civil action brought by the state or an action for judicial review…”
Meier v. State, Dept. of Soc. Servs., 417 N.W.2d 771 (Neb. 1988). · cites it 4× “Meier asks that we award her an attorney fee under the provisions of Neb.Rev. Stat. § 25-1803 (Reissue 1985), which provides, inter alia, that the court having jurisdiction of "an action for judicial review brought against the state pursuant to sections 84-917 to 84-919 shall…”
Jakoubek v. Fortis Benefits Ins., 301 F. Supp. 2d 1045 (D. Neb. 2003). · cites it 5× “The plaintiff has also alleged a right to recover attorney fees from the State defendants under Neb.Rev.Stat. § 25-1803, which requires an award of fees for claims brought pursuant to the Administrative Procedure Act, Neb.”
In re Interest of A.A., 308 Neb. 749 (Neb. 2021). · cites it 16× “Neb. Rev. Stat. § 25-1803 (Reissue 2016) does not waive sovereign immunity regarding attorney fees and expenses incurred to defend against positions taken against particular parties on particular motions within an action that was, as a whole, substantially justified.”
In re Interest of A.A., 308 Neb. 749 (Neb. 2021). · cites it 16× “Neb. Rev. Stat. § 25-1803 (Reissue 2016) does not waive sovereign immunity regarding attorney fees and expenses incurred to defend against positions taken against particular parties on particular motions within an action that was, as a whole, substantially justified.”
McHenry v. Nebraska Liquor Control Comm'n, 555 N.W.2d 350 (Neb. Ct. App. 1996). · cites it 3× “” Neb. Rev. Stat. § 25-1803 (Reissue 1995) provides that the court having jurisdiction over a civil action brought by the State or an action for judicial review brought against the State pursuant to the Administrative Procedure Act shall award fees and other expenses to the…”
Prokop v. Lower Loup NRD, 302 Neb. 10 (Neb. 2019). · cites it 2× “Under Neb. Rev. Stat. § 25-1803 (Reissue 2016), a court hav- ing jurisdiction over a civil action brought by the State or an action for judicial review brought against the State pursuant to the APA shall award fees and other expenses to the pre- vailing party unless the…”
Kamalu v. Paren, Inc., 132 P.3d 378 (Haw. 2006). “3 (Westlaw 2006); Neb.Rev. Stat. § 25-1803(1) (Westlaw 2005); N.”
Show all 16 citing cases →
— Neb. Rev. Stat. § 25-1803(1) — 5 cases
Interest of Krystal P., 557 N.W.2d 26 (Neb. 1996). “Neb. Rev. Stat. § 25-1803 (1) (Reissue 1995) provides: Unless otherwise provided by law, the court having jurisdiction over a civil action brought by the state or an action for judicial review brought against the state pursuant to the Administrative Procedure Act shall award…”
State v. Schanaman, 835 N.W.2d 66 (Neb. 2013). “It is correct that under § 25-2701, we have applied district court procedure to county court proceedings.”
Kamalu v. Paren, Inc., 132 P.3d 378 (Haw. 2006). “3 (Westlaw 2006); Neb.Rev. Stat. § 25-1803(1) (Westlaw 2005); N.”
In re Interest of A.A., 308 Neb. 749 (Neb. 2021). “Neb. Rev. Stat. § 25-1803 (Reissue 2016) does not waive sovereign immunity regarding attorney fees and expenses incurred to defend against positions taken against particular parties on particular motions within an action that was, as a whole, substantially justified.”
In re Interest of A.A., 308 Neb. 749 (Neb. 2021). “Neb. Rev. Stat. § 25-1803 (Reissue 2016) does not waive sovereign immunity regarding attorney fees and expenses incurred to defend against positions taken against particular parties on particular motions within an action that was, as a whole, substantially justified.”
— Neb. Rev. Stat. § 25-1803(2) — 2 cases
In re Interest of A.A., 308 Neb. 749 (Neb. 2021). “Neb. Rev. Stat. § 25-1803 (Reissue 2016) does not waive sovereign immunity regarding attorney fees and expenses incurred to defend against positions taken against particular parties on particular motions within an action that was, as a whole, substantially justified.”
In re Interest of A.A., 308 Neb. 749 (Neb. 2021). “Neb. Rev. Stat. § 25-1803 (Reissue 2016) does not waive sovereign immunity regarding attorney fees and expenses incurred to defend against positions taken against particular parties on particular motions within an action that was, as a whole, substantially justified.”
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