Nebraska Motion for Continuance

Introduction

Key Things to Know

1. 1

   Nebraska's statute calls the request a continuance or adjournment (Neb. Rev. Stat. § 25-1148). The text names the district court, so ask the clerk how the rule applies in county court.

2. 2

   The hearing or trial date stands until the court grants the continuance. Attend unless the court tells you it has been moved.

3. 3

   The application must be a written motion entitled in the cause, setting forth the grounds, and supported by the affidavit or affidavits (§ 25-1148).

4. 4

   The court may, upon the hearing, in its discretion grant or refuse the application. Section 25-1148 lists no grounds and has no good cause wording, and a ruling is reversed only for abuse of sound legal discretion.

5. 5

   The other side may file counter-affidavits. Either party may introduce oral testimony at the hearing on the application if the court gives leave (§ 25-1148).

6. 6

   The Nebraska courts' self-help page says reasons should be appropriate and provable, such as exams or medical appointments. The statute gives no day count, so check local rules with the clerk of the court where the case was filed.

7. 7

   Eviction (forcible entry and detainer) is stricter: no continuance longer than seven days unless extraordinary causes are shown, and the defendant gives an undertaking with surety for accruing rent and damages (§ 25-21,225). Section 25-21,219 excludes premises covered by the Uniform Residential Landlord and Tenant Act or the Mobile Home Landlord and Tenant Act, so residential and mobile home tenants should ask the clerk which rules apply.

Nebraska Requirements for Motion for Continuance

• Neb. Rev. Stat. § 25-1148 Governs

  Nebraska calls the request a continuance or adjournment. Section 25-1148 names the district court; ask the clerk how it applies in county court.

• Written Motion Setting Out Grounds

  The application must be a written motion entitled in the cause or proceeding and setting forth the grounds on which it is made (§ 25-1148).

• Affidavit Support Required

  The motion must be supported by the affidavit or affidavits (§ 25-1148). The adverse party may file counter-affidavits.

• Court Discretion

  The court may, upon the hearing, in its discretion, grant or refuse the application. Reversal is only for abuse of sound legal discretion (§ 25-1148). No grounds are listed in the statute.

• Oral Testimony With Leave

  Either party may, upon obtaining leave of the court, introduce oral testimony at the hearing on the application (§ 25-1148).

• Eviction Seven-Day Limit

  In forcible entry and detainer, no continuance exceeds seven days unless extraordinary causes are shown and the defendant gives an undertaking with surety for accruing rent and damages (§ 25-21,225). Section 25-21,219 refers to premises under the residential and mobile home landlord and tenant acts, so ask the clerk which rules apply.

• Consent or Court Order

  Section 25-1149 refers to continuance by consent of the parties or the order of the court. The hearing date stands until the court rules.

• Official Forms DC 1:2 and DC 1:2.2

  The Nebraska courts publish DC 1:2 (Motion for Continuance and Notice of Hearing) and DC 1:2.2 (Order for Continuance). Mail a copy to the other parties and complete a Certificate of Service.