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

Neb. Rev. Stat. § 25-2002 (2026)

District court judgment; proceedings to vacate or modify; summons; waiver of error

✓ current as of July 2026
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The proceedings to vacate or modify the judgment or order on the grounds mentioned in subsection (4) of section 25-2001 shall be by complaint, setting forth the judgment or order, the grounds to vacate or modify it, and the defense to the action, if the party applying was defendant. On such complaint a summons shall issue and be served as in the commencement of an action. Summons shall not issue in any case in which there is upon the minutes of the court, or among the files of the case, a waiver of error by the party or the party's attorney, unless the court or a judge thereof endorses upon the complaint permission to issue such summons.

Notes of Decisions
Cited in 15 cases (2 in the last 5 years), 1948–2025 · leading case: Hyde v. Shapiro, 346 N.W.2d 241 (Neb. 1984).
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Hyde v. Shapiro, 346 N.W.2d 241 (Neb. 1984). · cites it 5× “Vickery argues that because neither a petition was filed nor a summons served upon him pursuant to the provisions of Neb. Rev. Stat. § 25-2002 (Reissue 1979), the action of the trial court in modifying the judgment was improper.”
Shipley v. McNeel, 32 N.W.2d 636 (Neb. 1948). · cites it 4× “, 1947, and in the manner provided by section 25-2002, R. S. 1943, or by virtue of the equitable powers of the court.”
Aetna Cas. & Sur. Co. v. Dickinson, 345 N.W.2d 8 (Neb. 1984). · cites it 2× “See, Neb. Rev. Stat. § 25-2002 (Reissue 1979); Hoeppner v.”
W. Fertilizer & Cordage Co. v. City of All., 504 N.W.2d 808 (Neb. 1993). · cites it 2× “Because the grounds on which the City asserts Western I should be vacated fall within § 25-2001(4), and the City failed to file a petition to vacate the judgment as required by Neb. Rev. Stat. § 25-2002 (Reissue 1989), we do not have the power to vacate the judgment in Western I.”
Miller v. Schlereth, 36 N.W.2d 497 (Neb. 1949). · cites it 2× “Summons was issued and served as in the commencement of an action, as required by section 25-2002, R. S. 1943. These proceedings to vacate the judgment entered by the district court on March 23,1946, were commenced within two years from the date of the rendition of such…”
Pasko v. Trela, 46 N.W.2d 139 (Neb. 1951). · cites it 2× “1943, Eva Pasko as plaintiff filed, in conformity with section 25-2002, R. R. S. 1943, a petition wherein John Trela was defendant, seeking thereby to vacate and modify that part of the divorce decree approving the property settlement, and set aside the property settlement upon…”
Haen v. Haen, 314 N.W.2d 276 (Neb. 1982). · cites it 2× “The trial judge also noted that Neb. Rev. Stat. § 25-2002 (Reissue 1979) provides in part: “The proceedings to vacate or modify the judgment or order on the grounds mentioned in section 25-2001, subdivisions (4), .”
Gasper v. Mazur, 62 N.W.2d 117 (Neb. 1954). “§ 25-2002, R. R. S. 1943. This charge is unsupported by allegation of wrongful act or omission by appellant that in any manner influenced or affected the entry of the-decree.”
Woodcock v. Navarrete-James, 26 Neb. Ct. App. 809 (Neb. Ct. App. 2019). · cites it 3× “CI 16-648, pursuant to Neb. Rev. Stat. § 25-2002 (Reissue 2016), which provides in relevant part: “The proceedings to vacate or modify the judgment or order on the grounds mentioned in subsection (4) of section 25-2001 shall be by complaint, setting forth the judgment or order,…”
George v. George (Neb. Ct. App. 2023). · cites it 8× “Neb. Rev. Stat. § 25-2002 (Reissue 2016) states, in relevant part: The proceedings to vacate or modify the judgment or order on the grounds mentioned in subsection (4) of section 25-2001 shall be by complaint, setting forth the judgment or order, the grounds to vacate or modify…”
Jaksha v. Jaksha, 319 Neb. 308 (Neb. 2025). · cites it 2× “on the pleadings that were a lead-up to October 7, 2021,” reasoning that “[t]hose pleadings 1 See Neb. Rev. Stat. § 25-2002 (Reissue 2016) (proceedings to vacate or modify judgments on grounds mentioned in Neb.”
Carlson v. Allianz Versicherungs-AG (Neb. 2014). · cites it 5× “But this does not end our analysis under § 25-2001(4), because the Carlsons argue that Allianz waived the necessity of service of process on the motion to vacate.”
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