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

Neb. Rev. Stat. § 25-2164 (2026)

Pleadings; trial

✓ current as of July 2026
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No other pleading or written allegation is allowed than the writ and answer. These are the pleadings in the case, and have the same effect and are to be construed and may be amended in the same manner as pleadings in a civil action; and the issues thereby joined must be tried, and the further proceedings thereon had in the same manner as in a civil action.

Notes of Decisions
Cited in 7 cases, 1950–2016 · leading case: State ex rel. Unger v. State, 878 N.W.2d 540 (Neb. 2016).
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State ex rel. Unger v. State, 878 N.W.2d 540 (Neb. 2016). · cites it 2× “19 Neb. Rev. Stat. § 25-2164 (Reissue 2008).”
Russell v. Clarke, 724 N.W.2d 840 (Neb. Ct. App. 2006). · cites it 4× “However, this argument ignores other language in the same statute, which provides: These are the pleadings in the case, and have the same effect and are to be construed and may be amended in the same manner as pleadings in a civil action; and the issues thereby joined must be…”
State Ex Rel. Shepherd v. Nebraska Equal Opportunity Comm'n, 557 N.W.2d 684 (Neb. 1997). · cites it 4× “Furthermore, the court issued the peremptory writs in an ex parte fashion without providing the NEOC notice or an opportunity to show cause why the writs should not be issued.”
State Ex Rel. City of Grand Island v. Union Pac. R.R., 42 N.W.2d 867 (Neb. 1950). · cites it 2× “” Section 25-2164, R. R. S. 1943, specifically provides: “No other pleading or written allegation is allowed than the writ and answer.”
State Ex Rel. City of Alma v. Furnas Cnty. Farms, 595 N.W.2d 551 (Neb. 1999). · cites it 3× “” The City moved to strike the cross-petition on the ground that it was not a permissible pleading in an action for mandamus pursuant to Neb. Rev. Stat. § 25-2164 (Reissue 1995).”
State Ex Rel. Goetz v. Lundak, 260 N.W.2d 589 (Neb. 1977). “2d 372 ; §§ 25-2164, 25-2165, R. R. S. 1943. The Legislature has made many and varied provisions for the elimination, merger, and consolidation of school districts.”
State Ex Rel. League of Nebraska Municipalities v. Loup River Pub. Power Dist., 62 N.W.2d 682 (Neb. 1954). · cites it 2× “Section 25-2164, R. R. S. 1943, provides that in mandamus cases no other pleading or written allegation is allowed than the writ and answer.”
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