Nebraska Revised Statutes
Neb. Rev. Stat. § 25-538 (2026)
Action in another forum; stay or dismissal of action
✓ current as of July 2026
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When the court finds that in the interest of substantial justice the action should be heard in another forum, the court may stay or dismiss the action in whole or in part on any conditions that may be just.
Notes of Decisions
Cited in 10
cases (1 in the last 5 years), 1993–2021 · leading case: Applied Underwriters v. S.E.B. Servs. of New York, 297 Neb. 246 (Neb. 2017).
Applied Underwriters v. S.E.B. Servs. of New York, 297 Neb. 246 (Neb. 2017). “’s motion also alleged dismissal was appropriate under Neb. Rev. Stat. § 25-538 (Reissue 2016), which provides: “When the court finds that in the interest of substantial justice the action should be heard in another forum, the court may stay or dismiss the action in whole or in…”
Milmar Food Grp. II v. Applied Underwriters, 29 Neb. Ct. App. 714 (Neb. Ct. App. 2021). “Neb. Rev. Stat. § 25-538 (Reissue 2016) states, “When the court finds that in the interest of substantial justice the action should be heard in another forum, the court may stay or dis- miss the action in whole or in part on any conditions that may be just.”
Kedy v. A.W. Chesterton Co., 946 A.2d 1171 (R.I. 2008). “§ 11-11-3 (4) (1972); Neb.Rev. Stat. § 25-538 (1995); N.Y. C.P.”
Woodmen of World Life Ins. Soc. v. Kight, 522 N.W.2d 155 (Neb. 1994). “The defendant filed a motion to dismiss pursuant to Neb.Rev.Stat. § 25-538 (Reissue 1989), which authorizes a court to stay or dismiss an action in whole or in part on any conditions that may be just when the court finds that in the interest of substantial justice the action…”
Woodmen of World Life Ins. Soc'y v. Walker, 510 N.W.2d 439 (Neb. Ct. App. 1993). “After answering Woodmen’s petition, Walker filed a motion to dismiss pursuant to Neb. Rev. Stat. § 25-538 (Reissue 1989), which authorizes a court with otherwise proper jurisdiction to dismiss an action “[w]hen the court finds that in the interest of substantial justice the…”
Lundahl v. Chavarin (Neb. Ct. App. 2019). “This doctrine was codified by the Legislature at Neb. Rev. Stat. § 25-538 (Reissue 2016) which provides: “When the court finds that in the interest of substantial justice the action should be heard in another forum, the court may stay or dismiss the action in whole or in part on…”
Applied Underwriters v. Sky Materials Corp. (Neb. Ct. App. 2019). “The Douglas County District Court dismissed AUCRA’s complaint finding that it did not have personal jurisdiction over Sky Materials and also acknowledging, alternatively, that dismissal would also be appropriate pursuant to Neb. Rev. Stat. § 25-538 (Reissue 2016). For the…”
Woodmen of the World Life Ins. Soc'y v. Kight, 522 N.W.2d 155 (Neb. 1994). “The defendant filed a motion to dismiss pursuant to Neb. Rev. Stat. § 25-538 (Reissue 1989), which authorizes a court to stay or dismiss an action in whole or in part on any conditions that may be just when the court finds that in the interest of substantial justice the action…”
Lundhal v. Roberts (Neb. Ct. App. 2019). “” Neb. Rev. Stat. § 25-538 (Reissue 2016) provides, “When the court finds that in the interest of substantial justice the action should be heard in another forum, the court may stay or dismiss the action in whole or in part on any conditions that may be just.”
Woodmen of World Life v. Walker, 510 N.W.2d 439 (Neb. Ct. App. 1993). “After answering Woodmen's petition, Walker filed a motion to dismiss pursuant to Neb.Rev.Stat. § 25-538 (Reissue 1989), which authorizes a court with otherwise proper jurisdiction to dismiss an action "[w]hen the court finds that in the interest of substantial justice the action…”
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