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

Neb. Rev. Stat. § 25-601 (2026)

Dismissal without prejudice

✓ current as of July 2026
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An action may be dismissed without prejudice to a future action (1) by the plaintiff, before the final submission of the case to the jury, or to the court where the trial is by the court; (2) by the court where the plaintiff fails to appear at the trial; (3) by the court for want of necessary parties; (4) by the court on the application of some of the defendants where there are others whom the plaintiff fails to diligently prosecute; (5) by the court for disobedience by the plaintiff of an order concerning the proceedings in the action. In all other cases on the trial of the action the decision must be upon the merits.

Notes of Decisions
Cited in 65 cases (9 in the last 5 years), 1945–2025 · leading case: Dawson v. Papio Nat. Resources Dist., 313 N.W.2d 242 (Neb. 1981).
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Dawson v. Papio Nat. Resources Dist., 313 N.W.2d 242 (Neb. 1981). · cites it 26× “(3) The refusal of the trial court to stay the proceedings until there was revivor as to the interest of the condemnee Mina Dawson who died during the first trial of the case.”
Millard Gutter Co. v. Am. Fam. Ins. Co., 300 Neb. 466 (Neb. 2018). · cites it 25× “Thus, on the morning of January 23, 2017, just minutes before trial was set to begin, Millard Gutter filed a voluntary dismissal without prejudice pursuant to Neb. Rev. Stat. § 25-601 (Reissue 2016). 3.”
Schaaf v. Schaaf, 978 N.W.2d 1 (Neb. 2022). · cites it 20× “Generally, under Neb. Rev. Stat. §§ 25-601 (1) (Reissue 2016) and 25-602 (Cum.”
Bert Cattle Co., Inc. v. Warren, 471 N.W.2d 764 (Neb. 1991). · cites it 12× “It is provided in Neb.Rev.Stat. § 25-601 (Reissue 1989) that "[a]n action may be dismissed without prejudice to a future action.”
Interiano-Lopez v. Tyson Fresh Meats, 883 N.W.2d 676 (Neb. 2016). · cites it 3× “8 See Neb. Rev. Stat. § 25-601 (1) (Reissue 2008).”
State ex rel. Peterson v. Creative Comm. Promotions, 302 Neb. 606 (Neb. 2019). · cites it 2× “We recognize that the State's notice of dismissal purported to dismiss with prejudice, but it also invoked Neb. Rev. Stat. § 25-601 (Reissue 2016), a statute that refers only to dismissals without prejudice.”
Knapp v. Vill. of Beaver City, 728 N.W.2d 96 (Neb. 2007). · cites it 7× “6 Neb. Rev. Stat. § 25-601 (1) (Reissue 1995).”
Grady v. Visiting Nurse Ass'n, 524 N.W.2d 559 (Neb. 1994). · cites it 10× “The plaintiff claims that a general statute, Neb.Rev.Stat. § 25-601 (Reissue 1989), applies to her action.”
Holste v. Burlington N. R.R., 592 N.W.2d 894 (Neb. 1999). · cites it 4× “ASSIGNMENTS OF ERROR Peterson-More assigns that the Box Butte County District Court erred in (1) overruling his special appearance, (2) setting aside his voluntary dismissal made under Neb. Rev. Stat. § 25-601 (Reissue 1995), (3) setting aside his voluntary dismissal under §…”
HBI, L.L.C. v. Barnette, 305 Neb. 457 (Neb. 2020). · cites it 8× “Under Neb. Rev. Stat. §§ 25-601 and 25-602 (Reissue 2016), a plaintiff has the right to dismiss an action without prejudice any time before final submission of the case, so long as no counterclaim or setoff has been filed by an opposing party.”
Kansas Bankers Sur. Co. v. Halford, 644 N.W.2d 865 (Neb. 2002). · cites it 3× “Furthermore, without a motion for attorney fees pending, such fees would not have been part of the costs to be paid under either § 25-601 or § 25-602.”
Millard Gutter Co. v. Shelter Mut. Ins. Co., 312 Neb. 606 (Neb. 2022). · cites it 10× “A plaintiff’s failure to file an amended pleading within the time specified by the court’s order is a basis for dismissing the action without prejudice under Neb. Rev. Stat. § 25-601 (5) (Reissue 2016).”
Show all 65 citing cases →
— Neb. Rev. Stat. § 25-601(1) — 4 cases
Knapp v. Vill. of Beaver City, 728 N.W.2d 96 (Neb. 2007). “6 Neb. Rev. Stat. § 25-601 (1) (Reissue 1995).”
Miller v. Harris, 236 N.W.2d 828 (Neb. 1975).
Sutherland v. Shoemaker, 570 N.W.2d 375 (Neb. Ct. App. 1997).
Mitchell v. Mansfield (Neb. Ct. App. 2016).
— Neb. Rev. Stat. § 25-601(3) — 1 case
Saint James Apt. Partners v. Univeral Sur. Co., 316 Neb. 419 (Neb. 2024).
— Neb. Rev. Stat. § 25-601(5) — 3 cases
Bert Cattle Co., Inc. v. Warren, 471 N.W.2d 764 (Neb. 1991). “It is provided in Neb.Rev.Stat. § 25-601 (Reissue 1989) that "[a]n action may be dismissed without prejudice to a future action.”
Kerndt v. Ronan, 458 N.W.2d 466 (Neb. 1990).
Millard Gutter Co. v. Shelter Mut. Ins. Co., 312 Neb. 606 (Neb. 2022). “A plaintiff’s failure to file an amended pleading within the time specified by the court’s order is a basis for dismissing the action without prejudice under Neb. Rev. Stat. § 25-601 (5) (Reissue 2016).”
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