Nebraska Answer to a Complaint

Introduction

Key Things to Know

1. 1

   Your deadline is 30 calendar days from service. Under Neb. Ct. R. Pldg. § 6-1112(a)(1)(A), a defendant must serve an answer within 30 days after being served with the summons and complaint, or after completion of service by publication.

2. 2

   There is no statewide all-purpose answer form. The answer is a typed pleading on a caption that complies with Neb. Ct. R. Pldg. § 6-1110. In County Court a self-represented defendant may use the Answer and General Denial form CC 3:18 instead of drafting from scratch.

3. 3

   Small claims has no written answer. In the Small Claims Department of the County Court, no formal pleading other than the claim and notice is required, so there is no paper answer to file. You appear in person at the trial date set by the court under Neb. Rev. Stat. § 25-2806.

4. 4

   An eviction has no separate answer deadline for possession. In an unlawful detainer case, the possession claim has no answer day. You must appear at the trial of the action for possession, held not less than 10 nor more than 14 days after the summons issues, under Neb. Rev. Stat. § 76-1442. An answer day is set only for other causes of action joined in the complaint.

5. 5

   There is no fee to file the answer, and a waiver exists. The answer filing fee is $0, though a counterclaim or cross-claim may incur a $295 fee if the relief sought exceeds $2,500. If you cannot afford court fees, file the Affidavit and Application to Proceed In Forma Pauperis (DC 6:7.1).

6. 6

   You must serve the plaintiff and prove it. Under Neb. Ct. R. Pldg. § 6-1105, serve a copy of your answer on the plaintiff or the plaintiff's attorney by mail or personal delivery, and include a certificate of service. E-filing is mandatory for attorneys but optional for self-represented defendants under Neb. Ct. R. § 2-202.

7. 7

   A related claim may be compulsory. Under Neb. Ct. R. Pldg. § 6-1113(a), a pleading must state as a counterclaim any claim against an opposing party that arises out of the same transaction or occurrence. The statute of limitations on a written contract is five years under Neb. Rev. Stat. § 25-205(1).

Nebraska Requirements for Answer to a Complaint

• 30-Day Answer Deadline

  Under Neb. Ct. R. Pldg. § 6-1112(a)(1)(A), a defendant must serve an answer within 30 calendar days after being served with the summons and complaint, or after completion of service by publication. Small claims requires no written answer, and an eviction's possession claim has no answer day; you appear at the trial date instead.

• Typed Pleading or Form CC 3:18

  Nebraska has no statewide all-purpose answer form, so the answer is a typed pleading on a caption that complies with Neb. Ct. R. Pldg. § 6-1110. In County Court a self-represented defendant may use the Answer and General Denial form CC 3:18 instead of drafting from scratch.

• Court Caption

  Caption the answer for the court named in the summons, which for general civil cases is the County Court for amounts up to $70,000 or the District Court for amounts over $70,000. Include the case number, the parties' names, and the title Answer of Defendant, per Neb. Ct. R. Pldg. § 6-1110.

• File With the Court Clerk

  File your answer with the clerk of the court named in the caption of the summons. Under Neb. Ct. R. § 2-202, e-filing is mandatory for attorneys and optional for self-represented defendants, who may also file in person, by mail, or by fax until July 1, 2028.

• Serve a Copy on the Plaintiff

  Under Neb. Ct. R. Pldg. § 6-1105, serve a copy of your answer on the plaintiff or the plaintiff's attorney by mail or personal delivery, and include a certificate of service with the answer you file.

• No Answer Fee, Waiver Available

  The fee to file an answer in Nebraska is $0. A counterclaim or cross-claim may incur a fee of $295 if the relief sought exceeds $2,500. If you cannot afford court fees, file the Affidavit and Application to Proceed In Forma Pauperis (DC 6:7.1), granted based on inability to pay.

• Affirmative Defenses

  State each affirmative defense you intend to rely on, such as statute of limitations, payment, release, accord and satisfaction, statute of frauds, estoppel, fraud, or waiver. The statute of limitations on a written contract is five years under Neb. Rev. Stat. § 25-205(1).

• Compulsory Counterclaim If Any

  Under Neb. Ct. R. Pldg. § 6-1113(a), a pleading must state as a counterclaim any claim you have against an opposing party that arises out of the same transaction or occurrence as the opposing party's claim. A claim from a different transaction may be raised as a permissive counterclaim.