(1) A pleading shall not be used against a party in any criminal prosecution or action or proceeding for a penalty or forfeiture as proof of a fact admitted or alleged in such pleading. If a pleading is frivolous or made in bad faith, it may be stricken. The signature of a party or of an attorney on a pleading constitutes a certificate by him or her that he or she has read the pleading; that to the best of his or her knowledge, information, and belief there is good ground for the filing of the pleading; and that it is not interposed for delay.
(2) Except as provided in subsections (6) and (7) of this section, in any civil action commenced or appealed in any court of record in this state, the court shall award as part of its judgment and in addition to any other costs otherwise assessed reasonable attorney's fees and court costs against any attorney or party who has brought or defended a civil action that alleges a claim or defense which a court determines is frivolous or made in bad faith.
(3) The court shall assess attorney's fees and costs if, upon the motion of any party or the court itself, the court finds that an attorney or party brought or defended an action or any part of an action that was frivolous or that the action or any part of the action was interposed solely for delay or harassment. If the court finds that an attorney or party unnecessarily expanded the proceedings by other improper conduct, including, but not limited to, abuses of civil discovery procedures, the court shall assess attorney's fees and costs.
(4)(a) For purposes of this subsection:
(i) Claim includes a claim, cross-claim, or counter-claim; and
(ii) Political subdivision means any village, city, county, school district, public power district, community college, natural resources district, or other unit of local government.
(b) It is the policy of the state to deter frivolous or harassing litigation, especially when it involves frivolous claims or defenses against a political subdivision that necessitate the wasteful expenditure of scarce taxpayer resources.
(c) A political subdivision may request an award of costs and attorney's fees as provided in this subsection if:
(i) The political subdivision is defendant against a claim that is frivolous or intended primarily to harass the political subdivision or its public officials; or
(ii) Another party asserts a defense against a claim of the political subdivision and such defense is frivolous or intended primarily to harass the political subdivision or its public officials.
(d) The political subdivision may make such request as a claim or a motion. When a court has determined that judgment will be entered denying a claim or defense against a political subdivision and the political subdivision has filed a claim or motion under this subsection, the court shall conduct a separate hearing as provided in subdivision (4)(e) of this section. Such hearing shall be conducted before entering any order of dismissal or other resolution.
(e) At such hearing the court shall determine whether the other party's claim or defense was frivolous or intended primarily to harass the political subdivision or its public officials. If the court determines that a claim or defense was frivolous or intended primarily to harass the political subdivision or its public officials, the party asserting such claim or defense shall have the burden to rebut that finding or show the claim was otherwise excused under subsection (6) or (7) of this section. If such party fails to meet its burden, the court shall award reasonable attorney's fees and other expenses to the political subdivision. A court may award fees and expenses pursuant to this subsection in addition to any compensation awarded in a judgment.
(5) When a court determines reasonable attorney's fees or costs should be assessed, it shall allocate the payment of such fees or costs among the offending attorneys and parties as the court determines most just and may charge such amount or portion thereof to any offending attorney or party.
(6) No attorney's fees or costs shall be assessed if a claim or defense was asserted by an attorney or party in a good faith attempt to establish a new theory of law in this state or if, after filing suit, a voluntary dismissal is filed as to any claim or action within a reasonable time after the attorney or party filing the dismissal knew or reasonably should have known that he or she would not prevail on such claim or action.
(7) No party who is appearing without an attorney shall be assessed attorney's fees unless the court finds that the party clearly knew or reasonably should have known that his or her action or defense or any part of such action or defense was frivolous or made in bad faith, except that this subsection shall not apply to any situation in which an attorney licensed to practice law in the state is appearing without an attorney, in which case he or she shall be held to the standards for attorneys prescribed in this section.
Notes of Decisions
Cited in
182
cases (
36 in the last 5 years), 1985–2026 · leading case:
Salkin v. Jacobsen, 641 N.W.2d 356 (Neb. 2002).
Salkin v. Jacobsen, 641 N.W.2d 356 (Neb. 2002).
· cites it 18× “Neb. Rev. Stat. § 25-824 (Reissue 1995) authorizes a court, on its own motion or that of a party, to order a party or attorney who asserts a frivolous or bad faith claim or defense in a civil action to pay the opposing party’s reasonable attorney fees and court costs.”
Cisneros v. Graham, 881 N.W.2d 878 (Neb. 2016).
· cites it 7× “83 Failing a mandatory award of attorney fees under § 30-4017, Cisneros next looks to Neb. Rev. Stat. § 25-824 (4) (Reissue 2008), which provides that “[t]he court shall assess attor- ney’s fees and costs if, upon the motion of any party or the court itself, the court finds that…”
Seldin v. Est. of Silverman, 305 Neb. 185 (Neb. 2020).
· cites it 16× “INTRODUCTION This is an appeal from a judgment of the district court for Douglas County, confirming an arbitration award of $2,997,031 under the Federal Arbitration Act (FAA)1 and awarding attor- ney fees as a sanction under Neb. Rev. Stat. § 25-824 (Reissue 2016). II.”
George Clift Enters. v. Oshkosh Feedyard Corp., 306 Neb. 775 (Neb. 2020).
· cites it 12× “Frivolous for the pur- poses of Neb. Rev. Stat. § 25-824 (Reissue 2016) is defined as being a legal position wholly without merit, that is, without rational argu- ment based on law and evidence to support a litigant’s position in the lawsuit.”
State of Florida v. Countrywide Truck Ins. Agency, 883 N.W.2d 69 (Neb. 2016).
· cites it 7× “Where an attorney pursues a motion for recusal that is frivolous or made in bad faith, the district court has jurisdiction to enter a sanction under Neb. Rev. Stat. § 25-824 (Reissue 2008) when it is timely requested, regardless of whether the district court lacked jurisdiction…”
Gallagher v. Graham (In Re Est. of Graham), 301 Neb. 594 (Neb. 2018).
· cites it 3× “On appeal, Gallagher and Clarke raise for the first time that attorney fees were proper under Neb. Rev. Stat. § 25-824 (4) (Reissue 2016), which governs frivolous claims or defenses in civil proceedings.”
Trausch v. Hagemeier, 313 Neb. 538 (Neb. 2023).
· cites it 11× ““Frivolous,” for the pur- poses of Neb. Rev. Stat. § 25-824 (Reissue 2016), is defined as being a legal position wholly without merit, that is, without rational argument based on law and evidence to support a litigant’s position in the lawsuit.”
Kansas Bankers Sur. Co. v. Halford, 644 N.W.2d 865 (Neb. 2002).
· cites it 7× “After KBS voluntarily dismissed its action against Halford, the district court awarded Halford attorney fees pursuant to Neb. Rev. Stat. § 25-824 (Reissue 1995). KBS timely appealed.”
McGill Restoration v. Lion Place Condo. Assn., 309 Neb. 202 (Neb. 2021).
· cites it 8× “” Neb. Rev. Stat. § 25-824 (Reissue 2016) provides in rel- evant part: (2) Except as provided in subsections (5) and (6) of this section, in any civil action commenced or appealed in any court of record in this state, the court shall award as part of its judgment and in addition…”
Peter v. Peter, 637 N.W.2d 865 (Neb. 2002).
· cites it 6× “In her cross-petition, Cynthia asked the district court to strike James’ petition and award her attorney fees pursuant to Neb. Rev. Stat. § 25-824 (Reissue 1995) on the basis that James filed his petition frivolously in order to harass her.”
Korth v. Luther, 304 Neb. 450 (Neb. 2019).
· cites it 19× “Frivolous for the pur- poses of Neb. Rev. Stat. § 25-824 (Reissue 2016) is defined as being a legal position wholly without merit, that is, without rational argu- ment based on law and evidence to support a litigant’s position in the lawsuit.”
Berger v. Dempsey-Cook (In Re Guardianship of Aimee S.), 26 Neb. Ct. App. 380 (Neb. Ct. App. 2018).
· cites it 6× “When a motion for attorney fees for a frivolous action under Neb. Rev. Stat. § 25-824 (Reissue 2016) is made prior to the judgment, the judgment will not become final and appealable until the court has ruled upon that motion.”
— Neb. Rev. Stat. § 25-824(2) — 46 cases
Seldin v. Est. of Silverman, 305 Neb. 185 (Neb. 2020).
“INTRODUCTION This is an appeal from a judgment of the district court for Douglas County, confirming an arbitration award of $2,997,031 under the Federal Arbitration Act (FAA)1 and awarding attor- ney fees as a sanction under Neb. Rev. Stat. § 25-824 (Reissue 2016). II.”
Peter v. Peter, 637 N.W.2d 865 (Neb. 2002).
“In her cross-petition, Cynthia asked the district court to strike James’ petition and award her attorney fees pursuant to Neb. Rev. Stat. § 25-824 (Reissue 1995) on the basis that James filed his petition frivolously in order to harass her.”
Berger v. Dempsey-Cook (In Re Guardianship of Aimee S.), 26 Neb. Ct. App. 380 (Neb. Ct. App. 2018).
“When a motion for attorney fees for a frivolous action under Neb. Rev. Stat. § 25-824 (Reissue 2016) is made prior to the judgment, the judgment will not become final and appealable until the court has ruled upon that motion.”
— Neb. Rev. Stat. § 25-824(4) — 17 cases
George Clift Enters. v. Oshkosh Feedyard Corp., 306 Neb. 775 (Neb. 2020).
“Frivolous for the pur- poses of Neb. Rev. Stat. § 25-824 (Reissue 2016) is defined as being a legal position wholly without merit, that is, without rational argu- ment based on law and evidence to support a litigant’s position in the lawsuit.”
— Neb. Rev. Stat. § 25-824(5) — 9 cases
McGill Restoration v. Lion Place Condo. Assn., 309 Neb. 202 (Neb. 2021).
“” Neb. Rev. Stat. § 25-824 (Reissue 2016) provides in rel- evant part: (2) Except as provided in subsections (5) and (6) of this section, in any civil action commenced or appealed in any court of record in this state, the court shall award as part of its judgment and in addition…”
George Clift Enters. v. Oshkosh Feedyard Corp., 306 Neb. 775 (Neb. 2020).
“Frivolous for the pur- poses of Neb. Rev. Stat. § 25-824 (Reissue 2016) is defined as being a legal position wholly without merit, that is, without rational argu- ment based on law and evidence to support a litigant’s position in the lawsuit.”
Korth v. Luther, 304 Neb. 450 (Neb. 2019).
“Frivolous for the pur- poses of Neb. Rev. Stat. § 25-824 (Reissue 2016) is defined as being a legal position wholly without merit, that is, without rational argu- ment based on law and evidence to support a litigant’s position in the lawsuit.”
— Neb. Rev. Stat. § 25-824(6) — 4 cases
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