(1) The proceedings to obtain a reversal, vacation, or modification of judgments and decrees rendered or final orders made by the district court, including judgments and sentences upon convictions for felonies and misdemeanors, shall be by filing in the office of the clerk of the district court in which such judgment, decree, or final order was rendered, within thirty days after the entry of such judgment, decree, or final order, a notice of intention to prosecute such appeal signed by the appellant or appellants or his, her, or their attorney of record and, except as otherwise provided in sections 25-2301 to 25-2310 and 29-2306 and subsection (4) of section 48-638, by depositing with the clerk of the district court the docket fee required by section 33-103.
(2) A notice of appeal or docket fee filed or deposited after the announcement of a decision or final order but before the entry of the judgment, decree, or final order shall be treated as filed or deposited after the entry of the judgment, decree, or final order and on the date of entry.
(3) The running of the time for filing a notice of appeal shall be terminated as to all parties (a) by a timely motion for a new trial under section 25-1144.01, (b) by a timely motion to alter or amend a judgment under section 25-1329, or (c) by a timely motion to set aside the verdict or judgment under section 25-1315.02, and the full time for appeal fixed in subsection (1) of this section commences to run from the entry of the order ruling upon the motion filed pursuant to subdivision (a), (b), or (c) of this subsection. When any motion terminating the time for filing a notice of appeal is timely filed by any party, a notice of appeal filed before the court announces its decision upon the terminating motion shall have no effect, whether filed before or after the timely filing of the terminating motion. A new notice of appeal shall be filed within the prescribed time after the entry of the order ruling on the motion. No additional fees are required for such filing. A notice of appeal filed after the court announces its decision or order on the terminating motion but before the entry of the order is treated as filed on the date of and after the entry of the order.
(4) Except as otherwise provided in subsection (3) of this section, sections 25-2301 to 25-2310 and 29-2306, and subsection (4) of section 48-638, an appeal shall be deemed perfected and the appellate court shall have jurisdiction of the cause when such notice of appeal has been filed and such docket fee deposited in the office of the clerk of the district court. After being perfected no appeal shall be dismissed without notice, and no step other than the filing of such notice of appeal and the depositing of such docket fee shall be deemed jurisdictional.
(5) The clerk of the district court shall forward such docket fee and a certified copy of such notice of appeal to the Clerk of the Supreme Court, and the Clerk of the Supreme Court shall file such appeal.
(6) Within thirty days after the date of filing of notice of appeal, the clerk of the district court shall prepare and file with the Clerk of the Supreme Court a transcript certified as a true copy of the proceedings contained therein. The Supreme Court shall, by rule, specify the method of ordering the transcript and the form and content of the transcript. Neither the form nor substance of such transcript shall affect the jurisdiction of the Court of Appeals or Supreme Court.
(7) Nothing in this section shall prevent any person from giving supersedeas bond in the district court in the time and manner provided in section 25-1916 nor affect the right of a defendant in a criminal case to be admitted to bail pending the review of such case in the Court of Appeals or Supreme Court.
Notes of Decisions
Cited in
445
cases (
79 in the last 5 years), 1945–2026 · leading case:
State v. Blake, 310 Neb. 769 (Neb. 2022).
State v. Blake, 310 Neb. 769 (Neb. 2022).
· cites it 22× “Section 25-1912(1) provides: The proceedings to obtain a reversal, vacation, or modifi- cation of judgments and decrees rendered or final orders made by the district court, including judgments and sen- tences upon convictions for felonies and misdemeanors, shall be by filing in…”
Clarke v. First Nat. Bank of Omaha, 895 N.W.2d 284 (Neb. 2017).
· cites it 35× “Neb. Rev. Stat. § 25-1912 (3) (Reissue 2016) provides a savings clause for a notice of appeal filed after the announce- ment of the court’s decision on a timely postjudgment motion but before a ruling thereon has been entered; the notice of appeal is treated as filed on the date…”
Reents v. Woltemath, 680 N.W.2d 142 (Neb. 2004).
· cites it 29× “Kathleen argues, in response, that (1) her May 15, 2002, notice of appeal divested the county court of jurisdiction to rule on attorney fees, (2) the notice of appeal filed on May 15 should be treated as filed on June 20 pursuant to Neb. Rev. Stat. § 25-1912 (2) (Cum. Supp.”
Lombardo v. Sedlacek, 299 Neb. 400 (Neb. 2018).
· cites it 6× “11 Neb. Rev. Stat. § 25-1912 (1) (Reissue 2016) provides that an appeal is perfected and the appellate court has jurisdiction when a notice of appeal is properly filed within 30 days of the entry of the judgment, decree, or final order.”
State v. Thalken, 299 Neb. 857 (Neb. 2018).
· cites it 5× “45 Section 25-1912 specifically prescribes the appeal procedure, which applies to both civil and criminal appeals.”
State v. Lotter, 917 N.W.2d 850 (Neb. 2018).
· cites it 5× “See Neb. Rev. Stat. § 25-1912 (Reissue 2016).”
State v. Conn, 300 Neb. 391 (Neb. 2018).
· cites it 7× “See Neb. Rev. Stat. § 25-1912 (Reissue 2016) (appeals must be filed within 30 days after entry of judgment).”
State v. Bao, 690 N.W.2d 618 (Neb. 2005).
· cites it 12× “Section 25-1912(3) provides in relevant part: *132 The running of the time for filing a notice of appeal shall be terminated as to all parties (a) by a timely motion for a new trial under section 25-1144.”
In re Interest of L.T., 886 N.W.2d 525 (Neb. 2016).
· cites it 10× “”2 We conclude the general appeal procedure under Neb. Rev. Stat. § 25-1912 (Reissue 2008) governs such appeals, and because the State did not perfect its appeal under that statute, we dismiss for lack of jurisdiction.”
State v. Brown, 687 N.W.2d 203 (Neb. Ct. App. 2004).
· cites it 11× “Neb. Rev. Stat. § 25-1912 (Cum. Supp. 2002) has for several years included a provision at subsection (2) that [a] notice of appeal or docket fee filed or deposited after the announcement of a decision or final order but before the entry of the judgment, decree, or final order…”
State v. Parmar, 586 N.W.2d 279 (Neb. 1998).
· cites it 12× “§ 25-1912 (Reissue 1995) governs appellate jurisdiction and states: The proceedings to obtain a reversal, vacation, or modification of judgments and decrees rendered or final orders made by the district court, including judgments and sentences upon convictions for felonies and…”
— Neb. Rev. Stat. § 25-1912(1) — 63 cases
State v. Blake, 310 Neb. 769 (Neb. 2022).
“Section 25-1912(1) provides: The proceedings to obtain a reversal, vacation, or modifi- cation of judgments and decrees rendered or final orders made by the district court, including judgments and sen- tences upon convictions for felonies and misdemeanors, shall be by filing in…”
Reents v. Woltemath, 680 N.W.2d 142 (Neb. 2004).
“Kathleen argues, in response, that (1) her May 15, 2002, notice of appeal divested the county court of jurisdiction to rule on attorney fees, (2) the notice of appeal filed on May 15 should be treated as filed on June 20 pursuant to Neb. Rev. Stat. § 25-1912 (2) (Cum. Supp.”
State v. Conn, 300 Neb. 391 (Neb. 2018).
“See Neb. Rev. Stat. § 25-1912 (Reissue 2016) (appeals must be filed within 30 days after entry of judgment).”
— Neb. Rev. Stat. § 25-1912(2) — 37 cases
Reents v. Woltemath, 680 N.W.2d 142 (Neb. 2004).
“Kathleen argues, in response, that (1) her May 15, 2002, notice of appeal divested the county court of jurisdiction to rule on attorney fees, (2) the notice of appeal filed on May 15 should be treated as filed on June 20 pursuant to Neb. Rev. Stat. § 25-1912 (2) (Cum. Supp.”
State v. Lotter, 917 N.W.2d 850 (Neb. 2018).
“See Neb. Rev. Stat. § 25-1912 (Reissue 2016).”
State v. Brown, 687 N.W.2d 203 (Neb. Ct. App. 2004).
“Neb. Rev. Stat. § 25-1912 (Cum. Supp. 2002) has for several years included a provision at subsection (2) that [a] notice of appeal or docket fee filed or deposited after the announcement of a decision or final order but before the entry of the judgment, decree, or final order…”
Clarke v. First Nat. Bank of Omaha, 895 N.W.2d 284 (Neb. 2017).
“Neb. Rev. Stat. § 25-1912 (3) (Reissue 2016) provides a savings clause for a notice of appeal filed after the announce- ment of the court’s decision on a timely postjudgment motion but before a ruling thereon has been entered; the notice of appeal is treated as filed on the date…”
— Neb. Rev. Stat. § 25-1912(3) — 44 cases
State v. Bao, 690 N.W.2d 618 (Neb. 2005).
“Section 25-1912(3) provides in relevant part: *132 The running of the time for filing a notice of appeal shall be terminated as to all parties (a) by a timely motion for a new trial under section 25-1144.”
Clarke v. First Nat. Bank of Omaha, 895 N.W.2d 284 (Neb. 2017).
“Neb. Rev. Stat. § 25-1912 (3) (Reissue 2016) provides a savings clause for a notice of appeal filed after the announce- ment of the court’s decision on a timely postjudgment motion but before a ruling thereon has been entered; the notice of appeal is treated as filed on the date…”
Lombardo v. Sedlacek, 299 Neb. 400 (Neb. 2018).
“11 Neb. Rev. Stat. § 25-1912 (1) (Reissue 2016) provides that an appeal is perfected and the appellate court has jurisdiction when a notice of appeal is properly filed within 30 days of the entry of the judgment, decree, or final order.”
— Neb. Rev. Stat. § 25-1912(3)(a) — 1 case
— Neb. Rev. Stat. § 25-1912(3)(b) — 2 cases
— Neb. Rev. Stat. § 25-1912(4) — 12 cases
State v. Blake, 310 Neb. 769 (Neb. 2022).
“Section 25-1912(1) provides: The proceedings to obtain a reversal, vacation, or modifi- cation of judgments and decrees rendered or final orders made by the district court, including judgments and sen- tences upon convictions for felonies and misdemeanors, shall be by filing in…”
Reents v. Woltemath, 680 N.W.2d 142 (Neb. 2004).
“Kathleen argues, in response, that (1) her May 15, 2002, notice of appeal divested the county court of jurisdiction to rule on attorney fees, (2) the notice of appeal filed on May 15 should be treated as filed on June 20 pursuant to Neb. Rev. Stat. § 25-1912 (2) (Cum. Supp.”
In re Interest of L.T., 886 N.W.2d 525 (Neb. 2016).
“”2 We conclude the general appeal procedure under Neb. Rev. Stat. § 25-1912 (Reissue 2008) governs such appeals, and because the State did not perfect its appeal under that statute, we dismiss for lack of jurisdiction.”
— Neb. Rev. Stat. § 25-1912(b) — 1 case
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