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

Neb. Rev. Stat. § 25-538 (2026)

Action in another forum; stay or dismissal of action

✓ text as last checked Oct. 2026 (this copy records no edition or section history)
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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, 898 N.W.2d 366 (Neb. 2017).
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Applied Underwriters v. S.E.B. Servs. of New York, 898 N.W.2d 366 (Neb. 2017). · cites it 2× “’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, 958 N.W.2d 920 (Neb. Ct. App. 2021). · cites it 5× “” [4,5] In its analysis, the district court looked to this court’s opinion in Applied Underwriters v. E.M. Pizza, 26 Neb. App.”
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). · cites it 2× “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). · cites it 7× “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, No. A-17-908 (Neb. Ct. App. Jan. 22, 2019). · cites it 5× “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., No. A-19-308 (Neb. Ct. App. Nov. 12, 2019). · cites it 5× “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). · cites it 2× “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, No. A-17-1191 (Neb. Ct. App. Feb. 5, 2019). · cites it 4× “” 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). · cites it 7× “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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