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

Neb. Rev. Stat. § 25-2008 (2026)

District court judgment; proceedings to vacate or modify; statute of limitations

✓ current as of July 2026
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Proceedings to vacate or modify a judgment or order, for the causes mentioned in subsection (4) of section 25-2001 must be commenced no later than two years after the entry of the judgment or order unless the party entitled thereto is an infant or person of unsound mind, and then no later than two years after removal of such disability.

Notes of Decisions
Cited in 16 cases (3 in the last 5 years), 1946–2025 · leading case: In Re Est. of West, 415 N.W.2d 769 (Neb. 1987).
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In Re Est. of West, 415 N.W.2d 769 (Neb. 1987). · cites it 12× “In their amended answer, the devisees of Loyd West generally denied the Tax Commissioner’s allegations and, as an affirmative defense, raised the statute of limitations prescribed by Neb. Rev. Stat. § 25-2008 (Reissue 1985), which, except in cases of persons under certain…”
Loop v. Mueller, 30 Neb. Ct. App. 300 (Neb. Ct. App. 2021). · cites it 21× “After the final adjournment of the term of court at which a judgment has been rendered, the court has no authority or power to vacate or modify the judgment except for the reasons stated in Neb. Rev. Stat. § 25-2001 (Reissue 2016) and within the time limits specified by Neb.”
McCarson v. McCarson, 641 N.W.2d 62 (Neb. 2002). · cites it 2× “” Under Neb. Rev. Stat. § 25-2008 (Reissue 1995), proceedings to vacate or modify a judgment or order for the causes mentioned in § 25-2001(4) must be commenced within 2 years after the judgment was rendered or made; Kevin filed his petition for modification on May 6, 1999, less…”
Joyce v. Joyce, 429 N.W.2d 355 (Neb. 1988). · cites it 2× “Neb. Rev. Stat. § 25-2001 (Reissue 1985).”
Shinn v. Shinn, 29 N.W.2d 629 (Neb. 1947). · cites it 2× “572 , and other cases holding the same, stating the exception to section 25-2008, R. S. 1943, as follows: “The only exception to the statutory limitation of two years is where the fraud was not discovered within that period.”
Miller v. Schlereth, 36 N.W.2d 497 (Neb. 1949). · cites it 2× “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 judgment, as required by section 25-2008, R. S. 1943. Section 25-2001, R.”
Pofahl v. Pofahl, 243 N.W.2d 55 (Neb. 1976). · cites it 2× “R. S. 1943, provides that a District Court may vacate or modify its own judgments after the term at which they were entered for, among other things, mistake, neglect, or omission of the clerk.”
Thomas v. Flynn, 100 N.W.2d 37 (Neb. 1959). · cites it 2× “1943, provides: “A district court shall have power to vacate or modify its own judgments or orders after the term at which such judgments or orders were made * * * (4) for fraud practiced by the successful party in obtaining the judgment or order; * * Section 25-2008, R. R. S.…”
State v. Rhodes, 222 N.W.2d 837 (Neb. 1974). · cites it 4× “Section 25-2008, R. R. S. 1943, prescribes the time within which an application to vacate a judgment must be commenced.”
McNally v. McNally, 43 N.W.2d 170 (Neb. 1950). · cites it 4× “” Section 25-2008, R. R. S. 1943, provides that proceedings to vacate or modify a judgment or order- for the reason above stated must be commenced within three years after the defendant has notice of the judgment.”
Jaksha v. Jaksha, 319 Neb. 308 (Neb. 2025). · cites it 3× “Neb. Rev. Stat. § 25-2008 (Reissue 2016) states that proceedings to vacate or modify a judgment or order under § 25-2001(4) “must be commenced no later than two years after the entry of the judg- ment or order unless the party entitled thereto is an infant or person of unsound…”
Katz v. Swanson, 24 N.W.2d 923 (Neb. 1946). · cites it 2× “1943, governing the vacation or modification of a judgment is in part as follows: “A district court shall have power to vacate or modify its own judgments or orders after the term at which such judgments or orders were made * * * (4) for fraud practiced by the successful party…”
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