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Nebraska Notice of Appeal

A Nebraska district court appeal is automatically sent to the Court of Appeals unless the notice itself asks for the Supreme Court and cites the statute allowing it, and one statewide form covers county court, small claims, and district court appeals alike.

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Introduction

In Nebraska, a notice of appeal from a final civil judgment, decree, or order of the district court is due within 30 days after entry of that judgment, the day the clerk stamps it filed, not the day it is served on the parties (Neb. Rev. Stat. 25-1912(1)-(3)). A timely motion for new trial under 25-1144.01, a motion to alter or amend the judgment under 25-1329, or a motion to set aside the verdict or judgment under 25-1315.02 stops the clock for every party, and the full 30 days runs again from entry of the order ruling on that motion; a notice filed before that ruling has no effect and must be refiled afterward, though no additional docket fee is owed on the refiled notice. Outside those three motions, Nebraska case law treats the notice-of-appeal and docket-fee deadlines as mandatory and jurisdictional: the appellate court gets no jurisdiction over a notice filed even one day late, and the trial court cannot extend the time by any means, including vacating and reentering the same judgment. The notice is filed with the clerk of the trial court that rendered the judgment, the district court clerk for a general civil judgment or the county court clerk for a county court or small claims judgment, never directly with the appellate court (Neb. Rev. Stat. 25-1912(1), 25-2729(1)(a)). A district court notice of appeal is automatically deemed made to the Nebraska Court of Appeals unless it specifically requests the Supreme Court and cites the statute authorizing that route (Neb. Ct. R. 2-101(B)(1)(a)); a county court civil or small claims appeal instead goes first to the district court, sitting as an intermediate appellate court. A single statewide form, CC 9:2, Rev. 01/2022, covers county court, small claims, and district court appeals alike, and that form controls. Filing generally costs a $100 docket fee for a district court appeal (Neb. Rev. Stat. 33-103; confirm the current fee with the clerk), plus a separate $75 cost bond or cash deposit due within the same 30 days unless a supersedeas bond is given (25-1914); a county court appeal to the district court instead requires a $42 district court docket fee (25-2729(1)(b), 33-106(1)). Filing the notice does not by itself stop the judgment creditor from collecting: enforcement continues unless a supersedeas bond or cash deposit under 25-1916(1) is posted. A small claims appeal goes to the district court for review of the record for error, not a new trial, despite older guidance describing it as de novo. Criminal, administrative agency, federal court, and interlocutory appeals follow different procedures and are not covered here. Attorney review is available before you file.

Key Things to Know

  1. 1

    Nebraska gives 30 days after entry of the judgment, decree, or final order, the day the clerk stamps it filed, to file a notice of appeal (Neb. Rev. Stat. 25-1912(1)-(3)). A timely motion for new trial under 25-1144.01, a motion to alter or amend the judgment under 25-1329, or a motion to set aside the verdict or judgment under 25-1315.02 stops the clock for every party, and the full 30 days runs again from entry of the order ruling on that motion.

  2. 2

    The deadline generally cannot be extended. Nebraska case law treats the notice-of-appeal and docket-fee requirements as mandatory and jurisdictional, so the appellate court gets no jurisdiction over a notice filed even one day late, and the trial court cannot extend the time by any means, including vacating and reentering the same judgment.

  3. 3

    File the notice with the clerk of the trial court that rendered the judgment, not the appellate court: the district court clerk for a general civil judgment, or the county court clerk for a county court or small claims judgment (Neb. Rev. Stat. 25-1912(1), 25-2729(1)(a)).

  4. 4

    A district court notice of appeal is automatically deemed made to the Nebraska Court of Appeals unless it specifically requests the Supreme Court and cites the statute authorizing that route (Neb. Ct. R. 2-101(B)(1)(a)). A county court civil or small claims appeal goes first to the district court, acting as an intermediate appellate court.

  5. 5

    Nebraska uses a single statewide form, CC 9:2, Rev. 01/2022, to appeal from county court, small claims, and district court judgments alike, and that form controls the notice's content.

  6. 6

    Filing generally costs a $100 docket fee for a district court appeal (Neb. Rev. Stat. 33-103), plus a separate $75 cost bond or cash deposit due within the same 30 days unless a supersedeas bond is given (25-1914); a county court appeal to the district court instead requires a $42 district court docket fee (25-2729(1)(b), 33-106(1)); confirm the current fee with the clerk.

  7. 7

    A Nebraska small claims appeal goes to the district court, which reviews the case for error appearing on the record, not a new trial, even though the state's own self-help page still describes it as de novo; the former de novo rule was repealed in 2008 and a 2024 Nebraska Supreme Court decision confirms the current record-review standard. Any party may appeal, and small claims appeals carry an added $50 cash bond or undertaking (Neb. Rev. Stat. 25-2729(4)).

Key decisions before you file

Before you file a Notice of Appeal in Nebraska, a few decisions shape the document: which option to choose and what each one means. The Notice of Appeal guide walks through them.

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Nebraska Requirements for Notice of Appeal

  • 30-Day Deadline Runs From Entry, Not Service

    A Nebraska notice of appeal must be filed within 30 days after entry of the judgment, decree, or final order, the day the clerk stamps it filed, not the day it is served on the parties (Neb. Rev. Stat. 25-1912(1)-(3)).

  • Deadline Is Mandatory and Jurisdictional

    Nebraska case law treats the notice-of-appeal and docket-fee requirements as mandatory and jurisdictional, so the appellate court has no jurisdiction over a notice filed even one day late, and the trial court cannot extend the time by any means, including vacating and reentering the same judgment.

  • Three Motions Toll the 30-Day Clock

    A timely motion for new trial under Neb. Rev. Stat. 25-1144.01, a motion to alter or amend the judgment under 25-1329, or a motion to set aside the verdict or judgment under 25-1315.02 stops the clock for every party, and the full 30 days runs again from entry of the order ruling on that motion.

  • Filed With the Trial Court Clerk

    The notice is filed with the clerk of the trial court that rendered the judgment, the district court clerk for a general civil judgment or the county court clerk for a county court or small claims judgment, never directly with the appellate court (Neb. Rev. Stat. 25-1912(1), 25-2729(1)(a)).

  • Auto-Routed to the Court of Appeals

    A district court notice of appeal is automatically deemed made to the Nebraska Court of Appeals unless it specifically requests the Supreme Court and cites the statute authorizing that route (Neb. Ct. R. 2-101(B)(1)(a)).

  • Form CC 9:2 Covers County, Small Claims, and District Court

    Form CC 9:2, Rev. 01/2022, is the single statewide notice of appeal form used for county court, small claims, and district court judgments alike, and that form controls the notice's content.

  • Docket Fee Plus a Separate Cost Bond

    A district court appeal generally requires a $100 docket fee (Neb. Rev. Stat. 33-103) plus a separate $75 cost bond or cash deposit due within the same 30 days unless a supersedeas bond is given (25-1914); confirm the current fee with the clerk.

  • No Stay Without a Supersedeas Bond

    Filing the notice does not by itself stop enforcement of the judgment. A supersedeas bond or cash deposit under Neb. Rev. Stat. 25-1916(1) is needed to stay collection. For a money judgment, the bond or deposit must be given within 30 days after entry and is capped at the lesser of the judgment plus interest and costs, 50 percent of the appellant's net worth, or $50 million.

  • Small Claims Appeal Is Record Review, Not De Novo

    A small claims appeal goes to the district court, which reviews the case for error appearing on the record, not a new trial. The former de novo rule under Neb. Rev. Stat. 25-2734 was repealed in 2008, and a 2024 Nebraska Supreme Court decision confirms record review. The appeal carries an added $50 cash bond or undertaking (25-2729(4)).

Frequently Asked Questions