The defendant in an action for the recovery of money only may, at any time before the trial, serve upon the plaintiff or the plaintiff's attorney an offer in writing to allow judgment to be taken against the defendant for the sum specified therein. If the plaintiff accepts the offer and gives notice thereof to the defendant or the defendant's attorney, within five days after the offer was served, the offer and an affidavit that the notice of acceptance was delivered in the time limited may be filed by the plaintiff or the defendant may file the acceptance, with a copy of the offer verified by affidavit. In either case, the offer and acceptance shall be entered upon the record, and judgment shall be rendered accordingly. If the notice of acceptance is not given in the period limited, the offer shall be deemed withdrawn and shall not be given in evidence or mentioned on the trial. If the plaintiff fails to obtain judgment for more than was offered by the defendant, the plaintiff shall pay the defendant's cost from the time of the offer.
Notes of Decisions
Pinnacle Enters. v. City of Papillion, 836 N.W.2d 588 (Neb. 2013).
· cites it 14× “prior to the City[’s] filing eminent domain proceed- ings in the County Court . . . . . . . [T]he fence referenced in [Pinnacle’s] Dispositive Pre-Trial Motions, does not constitute a second eminent domain taking and the Court specifically finds against [Pinnacle] and in favor…”
Young v. Midwest Fam. Mut. Ins., 722 N.W.2d 13 (Neb. 2006).
· cites it 19× “But under Neb. Rev. Stat. § 25-901 (Reissue 1995), an insurance company can shield itself from an award of attorney fees if it makes an offer to allow judgment and the plaintiff later, fails to recover more than the amount offered.”
Boone River, LLC v. Miles, 318 Neb. 760 (Neb. 2025).
· cites it 53× “The obligation under Neb. Rev. Stat. § 25-901 (Cum. Supp. 2024) for the plaintiff to pay costs when “the plaintiff fails to obtain judgment for more than was offered by the defendant” applies both when the plaintiff wins a monetary judgment in its favor for an amount that is…”
Echo Grp. v. Tradesmen Internat., 980 N.W.2d 869 (Neb. 2022).
· cites it 2× “compensation insurance, or upon any certificate issued by a fraternal benefit soci- ety, against any company, person, or association doing business in this state, the court, upon rendering judg- ment against such company, person, or association, shall allow the plaintiff a…”
Barnett v. Happy Cab Co., 28 Neb. Ct. App. 438 (Neb. Ct. App. 2020).
· cites it 4× “The object of Neb. Rev. Stat. § 25-901 (Cum. Supp. 2018) is to encourage litigants to compromise their differences.”
Farm Bureau Life Ins. v. Luebbe, 358 N.W.2d 754 (Neb. 1984).
· cites it 2× “If such cause is appealed, the appellate court shall likewise allow a reasonable sum as an attorney’s fee for the appellate proceedings; Provided, that if the plaintiff shall fail to obtain judgment for more than may have been offered by such company, person or association in…”
Menkens v. Finley, 555 N.W.2d 47 (Neb. 1996).
· cites it 2× “The lower amount was a result of the court’s charging Menkens with certain costs incurred by the Finleys after Menkens rejected the Finleys’ offer to confess judgment in Menkens’ favor for $10,000, all as provided in Neb.”
Young v. Midwest Fam. Mut. Ins. Co., 753 N.W.2d 778 (Neb. 2008).
“] § 25-901 [(Reissue 1995)] precluded an award of attorney fees because the Youngs failed to obtain a judgment for more than the offers made by Midwest.”
State Farm Mut. Auto. Ins. Co. v. Selders, 202 N.W.2d 625 (Neb. 1972).
· cites it 2× “Under the provisions of the act the only exception to allowance of attorney's fees appears to be where the action is for a money judgment and the insurer has offered to confess judgment under section 25-901, R.R.S.1943, and the insured has failed to recover more than was offered.”
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