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

Neb. Rev. Stat. § 25-602 (2026)

Dismissal without prejudice; by plaintiff in vacation; exceptions; payment of costs

✓ current as of July 2026
Find cases: SyfertCases citing this section NE-LEGnebraskalegislature.gov JustiaChapter on Justia CornellLII Search CasesGoogle Scholar

The plaintiff in any case pending in the district court or Supreme Court of the state, when no counterclaim or setoff has been filed by the opposite party, has the right in the vacation of any of such courts to dismiss such action without prejudice, upon payment of costs, which dismissal shall be, by the clerk of any of such courts, entered upon the record and take effect from and after the date thereof.

Notes of Decisions
Cited in 8 cases (2 in the last 5 years), 1999–2025 · leading case: Kansas Bankers Sur. Co. v. Halford, 644 N.W.2d 865 (Neb. 2002).
Sort: Relevance Newest Treatment
Kansas Bankers Sur. Co. v. Halford, 644 N.W.2d 865 (Neb. 2002). · cites it 7× “Halford claims that KBS is responsible for her costs, including attorney fees, and that the dismissal was ineffective because KBS did not pay any costs, as required by Neb. Rev. Stat. § 25-602 (Reissue 1995). Alternatively, Halford argues that the district court had the power to…”
Millard Gutter Co. v. Am. Fam. Ins. Co., 300 Neb. 466 (Neb. 2018). · cites it 11× “The ability of a plaintiff to voluntarily dismiss his or her claim without prejudice is codified in § 25-601 and Neb. Rev. Stat. § 25-602 (Reissue 2016). 9 Section 25-601 provides that "[a]n action may be dismissed without prejudice to a future action (1) by the plaintiff,…”
Holste v. Burlington N. R.R., 592 N.W.2d 894 (Neb. 1999). · cites it 4× “The filings purported to withdraw and dismiss without prejudice any claims advanced by Peterson-More and Kaplan in the Branon case, pursuant to Neb. Rev. Stat. § 25-602 (Reissue 1995). Branon filed a response on April 15, objecting to the purported dismissals.”
Schaaf v. Schaaf, 978 N.W.2d 1 (Neb. 2022). · cites it 8× “Under Neb. Rev. Stat. § 25-602 (Cum. Supp. 2020), a plaintiff loses the right to voluntarily dismiss without preju- dice when a counterclaim or setoff has been filed by the oppos- ing party.”
Tilson v. Tilson, 299 Neb. 64 (Neb. 2018). · cites it 2× “He argues that the decree is void because prior to the entry of the decree, he had filed a motion to dis- miss the petition for dissolution, which he asserts was self- executing under Neb. Rev. Stat. § 25-602 (Reissue 2016). But Jayson’s notice of appeal is from an order issued…”
Millard Gutter Co. v. Am. Fam. Ins. Co., 300 Neb. 466 (Neb. 2018). · cites it 13× “§ 25-602 (Reissue 2016) gives plaintiffs in district court the right to dismiss their action without prejudice, upon payment of costs, when no counterclaim or setoff has been filed by the opposing party. 10. Costs. Litigation expenses are not recoverable unless provided for by…”
Beatty v. Poitier, 319 Neb. 56 (Neb. 2025). · cites it 2× “We have stated that the statutory right to voluntary dismissal under § 25-601 and Neb. Rev. Stat. § 25-602 (Cum. Supp. 2024) is not a matter of judicial grace or discretion, but neither is it absolute or without limitation.”
Lisec v. Lisec (Neb. Ct. App. 2017). · cites it 2× “Pursuant to Neb. Rev. Stat. § 25-602 (Reissue 2016), a plaintiff can dismiss his or her action when no counterclaim or setoff has been filed by the opposite party.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.