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Nebraska Answer to a Complaint

Nebraska gives you 30 calendar days after service to answer a complaint under Neb. Ct. R. Pldg. 6-1112. File on time or the plaintiff can take a default.

Introduction

A Nebraska Answer to a Complaint is the written response you file with the clerk of the County Court or District Court after you are served with a summons and the plaintiff's complaint. It admits or denies the complaint's allegations, raises the affirmative defenses you intend to rely on, and, if you have a related claim, includes a counterclaim. Nebraska sets a clear, service-based deadline. 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. There is 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, though the County Court offers an Answer and General Denial form (CC 3:18) for self-represented defendants. You file it with the clerk of the court named in the caption of the summons and serve a copy on the plaintiff with a certificate of service under Neb. Ct. R. Pldg. § 6-1105. Miss the deadline and the plaintiff can take a default judgment under Neb. Ct. R. § 6-1432. DocDraft drafts a Nebraska-formatted answer from your facts, with attorney review available before you file.

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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).

Key Decisions

Responding to the Allegations

Affirmative Defenses and Counterclaims

Filing and Serving Your Answer

Customize your Answer to a Complaint Template with DocDraft

IN THE [COUNTY COURT / DISTRICT COURT] OF [COUNTY] COUNTY, NEBRASKA

[PLAINTIFF NAME], Plaintiff, v. Case No. [CASE NUMBER] [DEFENDANT NAME], Defendant.

ANSWER OF DEFENDANT

Defendant [DEFENDANT NAME] answers the Complaint of Plaintiff [PLAINTIFF NAME] as follows.

I. RESPONSES TO ALLEGATIONS

  1. Answering paragraph 1 of the Complaint, Defendant [admits / denies / is without knowledge or information sufficient to form a belief as to the truth of the allegations and on that basis denies them].
  2. Answering paragraph 2 of the Complaint, Defendant [admits / denies / is without knowledge or information sufficient to form a belief]. [Continue for each numbered paragraph of the Complaint.]

II. AFFIRMATIVE DEFENSES [State each affirmative defense you intend to rely on, for example: the claim is barred by the five-year statute of limitations on a written contract under Neb. Rev. Stat. 25-205(1); payment; release; accord and satisfaction; statute of frauds; estoppel; waiver.]

III. COUNTERCLAIM (if any) [State any claim you have against the Plaintiff. Under Neb. Ct. R. Pldg. 6-1113(a) a counterclaim that arises out of the same transaction or occurrence as the Plaintiff's claim must be stated here.]

IV. PRAYER WHEREFORE, Defendant prays that the Court dismiss the Complaint, that Plaintiff take nothing, that Defendant recover costs, and that the Court grant all other relief to which Defendant is justly entitled.

Dated: [DATE]

[SIGNATURE] [DEFENDANT NAME], Pro Se [ADDRESS / PHONE / EMAIL]

CERTIFICATE OF SERVICE I certify that on [DATE] a true copy of this Answer was served on [PLAINTIFF / PLAINTIFF'S ATTORNEY] under Neb. Ct. R. Pldg. 6-1105, by [mail / personal delivery]. [SIGNATURE]

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.

Frequently Asked Questions

In a general civil case, Neb. Ct. R. Pldg. § 6-1112(a)(1)(A) requires a defendant to serve an answer within 30 days after being served with the summons and complaint, or after completion of service by publication. The picture differs in other tracks. Small claims requires no written answer at all, because you appear in person at the trial date under Neb. Rev. Stat. § 25-2806, and in an eviction the possession claim has no answer day, with trial held 10 to 14 days after the summons issues under Neb. Rev. Stat. § 76-1442. Missing your deadline can lead to a default judgment.

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. The pleading admits or denies the complaint's allegations, states any affirmative defenses, and includes a counterclaim if you have one.

File your answer with the clerk of the court named in the caption of the summons. General civil cases are heard in the County Court for amounts up to $70,000 and in the District Court for amounts over $70,000, while small claims up to $7,500 are heard in the Small Claims Department of the County Court. 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.

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, you can file the Affidavit and Application to Proceed In Forma Pauperis (DC 6:7.1), which is granted based on inability to pay court fees.

Under Neb. Ct. R. § 6-1432, if the defendant fails to answer, demur, or otherwise plead, the plaintiff may, after the day set for answer, take a default judgment on a verified petition, affidavits, or sworn testimony establishing a claim. You may be able to set the judgment aside by filing a Motion to Vacate or Modify Default Judgment within the term, or within six months after entry of judgment, on grounds such as mistake, neglect, clerk's omission, fraud, or unavoidable casualty or misfortune under Neb. Rev. Stat. § 25-2001.

Yes, and you may be required to. Under Neb. Ct. R. Pldg. § 6-1113(a), a pleading must state as a counterclaim any claim you have against an opposing party if it arises out of the transaction or occurrence that is the subject matter of the opposing party's claim. A claim that arises from a different transaction may be raised as a permissive counterclaim. The statute of limitations on a written contract is five years under Neb. Rev. Stat. § 25-205(1).