An issue of fact arises upon a material allegation in a pleading that is denied by a responsive pleading or that is considered as denied or avoided because no responsive pleading is required or permitted.
§ 25-1102.Issue of fact; how formed.
Article 11: Trial · Last amended 2002 · Last verified July 22, 2026
In one sentenceThis section pins down exactly when an issue of fact comes into existence: when a material allegation in a pleading is denied by a responsive pleading, or when it counts as denied or avoided because no responsive pleading is required or allowed.
Full Text of § 25-1102
Source
R.S.1867, Code § 278, p. 440; R.S.1913, § 7841; C.S.1922, § 8785; C.S.1929, § 20-1102; R.S.1943, § 25-1102; Laws 2002, LB 876, § 24.
Plain-English Summary
Section 25-1101 says an issue of fact is one of two kinds of issue; § 25-1102 explains how that particular kind forms. The trigger is a material allegation — one that matters to the outcome, not a stray or incidental detail — that appears in a pleading and gets denied by the pleading that responds to it. A plaintiff alleges the defendant ran a red light; the defendant’s answer denies it; an issue of fact now exists.
The section also covers a less obvious situation: pleadings where no response is required or permitted at all. Nebraska practice does not always call for a reply to every pleading. When that is so, the law treats the allegations as denied or avoided anyway, so the case still proceeds as though the point were contested rather than conceded by silence. A party is not stuck admitting a claim because the rules did not ask for a formal response to it.
This mechanism matters because it is what puts a factual dispute in front of a fact-finder. Without a denial — real or deemed — there is nothing left to try on that point, and § 25-1104’s allocation of factual issues between judge and jury never comes into play.
Frequently Asked Questions
What makes an allegation “material” for purposes of this section?
A material allegation is one that bears on the outcome of the case — a fact the claim or defense depends on — as opposed to a detail that would not change the result either way.
What happens if I never file a response to an allegation?
It depends on whether a response is required. If one is required and you do not file it, ordinary pleading rules govern the consequence. If no responsive pleading is required or permitted, § 25-1102 treats the allegation as denied or avoided rather than admitted.
What does “deemed denied” mean in practice?
It means the law supplies the denial automatically. Even though no party wrote the word “deny” in a filing, the allegation is treated as contested because the pleading rules did not call for a response to it.
Can an issue of fact exist without a formal denial being filed?
Yes, in the narrow situation § 25-1102 addresses — where no responsive pleading is required or permitted. Outside that situation, an actual denial in a responsive pleading is what creates the issue.
How does this section connect to jury trial rights?
Source & verification. Section text and the amendment-history citation are
reproduced verbatim from the Nebraska Legislature, Revisor of Statutes, enacted by the
Nebraska Legislature. Last verified July 22, 2026. ·
Official source
Also known as: how an issue of fact is formed nebraskamaterial allegation denied pleadingdeemed denied no response required nebraska25-1102 nebraska statutewhen does a factual dispute exist in a lawsuit