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

Neb. Rev. Stat. § 25-801.01 (2026)

Rules of pleading; Supreme Court; promulgate

✓ current as of July 2026
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(1) By January 1, 2003, the Supreme Court shall have rules of pleading in civil actions promulgated which are not in conflict with the statutes governing such matters.

(2) For all civil actions filed on or after January 1, 2003:

(a) The rules of pleading promulgated by the Supreme Court shall apply;

(b) The plaintiff's initial pleading shall be a petition when that designation is provided elsewhere by statutes. In all other civil actions the plaintiff's initial pleading shall be a complaint;

(c) The cross-petition, cross-bill, and cross-suit are abolished. Demurrers to a pleading and special appearances shall not be used. The plea in bar, plea in abatement, and other dilatory pleas shall not be used in civil actions; and

(d) All pleadings shall be construed as to do substantial justice.

Notes of Decisions
Cited in 16 cases (1 in the last 5 years), 2005–2023 · leading case: State v. Robertson, 881 N.W.2d 864 (Neb. 2016).
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State v. Robertson, 881 N.W.2d 864 (Neb. 2016). · cites it 3× “A party is only required to set forth a short and plain statement of the claim showing that the pleader is entitled to relief.”
Burns v. Burns, 879 N.W.2d 375 (Neb. 2016). · cites it 2× “She assigned that the district court erred in (1) exercising jurisdiction over the second modification 3 See Neb. Rev. Stat. § 25-801.01 (2)(c) (Reissue 2008) (“special appearances shall not be used”).”
Interiano-Lopez v. Tyson Fresh Meats, 883 N.W.2d 676 (Neb. 2016). · cites it 2× “Changes in the workers’ compensation laws, and in the public policies recognized in those laws, must emanate from the lawmaking powers of the Legislature and not from the courts.26 We decline the invitation to judicially expand the basic pleading structure enacted by the…”
Albrecht v. Fettig, 27 Neb. Ct. App. 371 (Neb. Ct. App. 2019). · cites it 3× “§ 25-801 through § 25-823 (Reissue 1995), which statutes related to pleadings, and adopted Neb. Rev. Stat. § 25-801.01 (Reissue 2016), which empowered the Supreme Court to adopt rules of pleading in civil actions "which are not in *343 conflict with the statutes governing such…”
Weeder v. Cent. Cmty. Coll., 691 N.W.2d 508 (Neb. 2005). · cites it 3× “2004). See, also, § 25-801.01(2)(c). Thus, we must decide whether CCC’s motion to dismiss was an appropriate method in which to raise this affirmative defense under our civil pleading rules.”
AVG Partners I v. Genesis Health Clubs, 307 Neb. 47 (Neb. 2020). · cites it 2× “, 36 we observed that the petition did not mention interest, that a statute required the time from which interest is to be computed to be stated, and that we did not allow interest in two earlier cases where it was not prayed for 31 See, e.g., Rev. Stat.”
Barrios v. Comm'r of Labor of the Neb. Dep't of Labor, 25 Neb. Ct. App. 835 (Neb. Ct. App. 2018). · cites it 2× “The party filing the petition for further review shall serve a copy of the petition for further review upon all parties to the district court proceeding in accordance with the rules of pleading in civil actions promulgated by the Supreme Court pursuant to section 25-801.01…”
Carroll v. Gould, 308 Neb. 12 (Neb. 2020). · cites it 2× “12 No party moved for summary judgment in this case, and the February 7, 2020, hearing was not, in any event, a proper evidentiary hearing. Gabriel objected that there was inad- equate time to respond and prepare for the hearing, and there is little indication the parties…”
Heitzman v. Thompson, 705 N.W.2d 426 (Neb. 2005). “*604 § 25-801.01 (Cum. Supp. 2004) provides that the Nebraska Rules of Pleading in Civil Actions must be followed in all civil actions filed on or after January 1,2003.”
Hampton v. Shaw, 710 N.W.2d 341 (Neb. Ct. App. 2006). · cites it 2× “See, Neb. Rev. Stat. § 25-801.01 (Cum. Supp. 2004); Neb.”
State ex rel. Comm. on Unauth. Prac. of Law v. Hansen, 834 N.W.2d 793 (Neb. 2013). · cites it 2× “Evidence received at the 1 Neb. Rev. Stat. § 25-801.01 (Reissue 2008).”
Albrecht v. Fettig, 27 Neb. Ct. App. 371 (Neb. Ct. App. 2019). · cites it 3× “In 2002, the Legislature repealed Neb. Rev. Stat. § 25-801 through § 25-823 (Reissue 1995), which statutes related to pleadings, and adopted Neb.”
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— Neb. Rev. Stat. § 25-801.01(2)(c) — 1 case
Weeder v. Cent. Cmty. Coll., 691 N.W.2d 508 (Neb. 2005). “2004). See, also, § 25-801.01(2)(c). Thus, we must decide whether CCC’s motion to dismiss was an appropriate method in which to raise this affirmative defense under our civil pleading rules.”
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