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

Neb. Rev. Stat. § 25-603 (2026)

Dismissal without prejudice; trial on setoff or counterclaim

✓ current as of July 2026
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In any case where a setoff or counterclaim has been presented, the defendant shall have the right of proceeding to the trial of his claim, although the plaintiff may have dismissed the action or failed to appear.

Notes of Decisions
Cited in 13 cases (2 in the last 5 years), 1951–2025 · leading case: Interiano-Lopez v. Tyson Fresh Meats, 883 N.W.2d 676 (Neb. 2016).
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Interiano-Lopez v. Tyson Fresh Meats, 883 N.W.2d 676 (Neb. 2016). · cites it 5× “Importantly, Neb. Rev. Stat. § 25-603 provides that “[i]n any case where a setoff or counterclaim has been pre- sented, the defendant shall have the right of proceeding to the trial of his claim, although the plaintiff may have dismissed the action or failed to appear.”
Kansas Bankers Sur. Co. v. Halford, 644 N.W.2d 865 (Neb. 2002). · cites it 2× “We noted that by the terms of Neb. Rev. Stat. § 25-603 (Reissue 1995), a defendant who has presented a setoff or counterclaim may proceed with the trial of his claim irrespective of the plaintiff’s dismissal, but the setoff or counterclaim must state a cause of action against…”
Millard Gutter Co. v. Am. Fam. Ins. Co., 300 Neb. 466 (Neb. 2018). · cites it 3× “See, also, Neb. Rev. Stat. § 25-603 (Reissue 2016) (defendant in "any case" has right to proceed to trial on counterclaim or setoff "although the plaintiff may have dismissed the action or failed to appear").”
Feight v. Mathers, 46 N.W.2d 492 (Neb. 1951). · cites it 2× “Its order of May 29, 1950, to that effect is reversed with directions that it sustain appellants’ motion asking to dismiss their counterclaims without prejudice. As to the appellee’s claimed set-off against appellants’ counterclaims, which is based on the reasonable rental…”
Giesler v. City of Omaha, 123 N.W.2d 650 (Neb. 1963). · cites it 8× “The defendant contends that the trial court properly retained the case for trial under section 25-603, R. R. S. 1943, which provides: “In any case where a set-off or counter-claim has been presented, the defendant shall have the right of proceeding to the trial of his claim,…”
Olsen v. Olsen, 575 N.W.2d 874 (Neb. 1998). · cites it 2× “See Neb. Rev. Stat. § 25-603 (Reissue 1995) (where setoff or counterclaim has been presented, defendant shall have right of proceeding to trial on his claim, although plaintiff may have dismissed his action).”
Beatty v. Poitier, 319 Neb. 56 (Neb. 2025). · cites it 5× “It reasoned that under Neb. Rev. Stat. § 25-603 (Reissue 2016), when the defendant has presented a setoff or counterclaim, the defendant has the right to proceed to trial on that claim even though the plaintiff may have dismissed his or her claim or failed to appear.”
Gebhart v. Tri-State Generation & Transmission Ass'n, 149 N.W.2d 41 (Neb. 1967). · cites it 2× “Ordinarily, when an action is pending in the district court a dismissal of the petition, or of plaintiffs’ action, dismisses, the entire cause except where something in the nature of a set-off or counterclaim has been presented by defendant as contemplated in section 25-603, R.…”
Nebraska Equal Opportunity Comm'n v. Postma, 428 N.W.2d 219 (Neb. 1988). · cites it 2× “2d 242, 245 (1981); Neb. Rev. Stat. § 25-603 (Reissue 1985). Neb.”
Zapata v. Cederburg (Neb. Ct. App. 2025). · cites it 3× “She cites to Neb. Rev. Stat. § 25-603 (Reissue 2016), which states that “[i]n any case where a .”
Lee v. Fletcher (Neb. Ct. App. 2016). · cites it 2× “As an initial matter we must determine whether the court was correct in addressing Fletcher’s motion for attorney fees, given our holding that Lee dismissed the case without prejudice prior to the court’s hearing.”
Millard Gutter Co. v. Am. Fam. Ins. Co., 300 Neb. 466 (Neb. 2018). · cites it 2× “15 And we have repeat- edly stated that despite a plaintiff’s statutory right to voluntary dismissal, trial courts have discretion to protect the “‘“rights which have accrued to [a] defendant”’” in the action “‘“such as the preservation of a counterclaim, the restitution of…”
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