A trial is a judicial examination of the issues, whether of law or of fact in an action.
§ 25-1103.Trial, defined.
Article 11: Trial · Not amended since original codification · Last verified July 22, 2026
In one sentenceThis section defines “trial” broadly as any judicial examination of the issues in an action, whether those issues are of law or of fact, so the term covers bench proceedings and jury proceedings alike.
Full Text of § 25-1103
Source
R.S.1867, Code § 279, p. 440; R.S.1913, § 7842; C.S.1922, § 8786; C.S.1929, § 20-1103; R.S.1943, § 25-1103.
Plain-English Summary
Section 25-1103 is short but foundational: a trial is a judicial examination of the issues, whether of law or of fact, in an action. That definition is wider than the picture most people carry around of a trial — witnesses on the stand, a jury in the box. Under this section, a hearing where a judge alone works through a purely legal question is a trial just as much as a multi-day jury proceeding over disputed facts.
The breadth of the definition matters because the rest of this article routes different kinds of issues to different deciders. Section 25-1104 sends issues of law to the court and gives many factual issues a jury; § 25-1105 sends the remaining factual issues to the court as well. Whichever path an issue takes, the resulting proceeding still counts as a “trial” under § 25-1103 — the label does not depend on whether a jury is present.
For a litigant, the practical takeaway is that “trial” in this chapter is not a synonym for “jury trial.” A bench trial on an equitable claim, a hearing on a pure question of law, and a full jury trial on disputed facts are all judicial examinations of issues, and all fall within this definition.
Frequently Asked Questions
Does a bench trial count as a “trial” under Nebraska law?
Yes. Section 25-1103 defines a trial as a judicial examination of the issues, whether of law or of fact, which covers proceedings before a judge alone as well as jury proceedings.
Is a hearing on a purely legal question a trial?
Under this section’s definition, yes — the examination of an issue of law by the court fits the definition just as a factual dispute heard by a jury does.
Does “trial” only apply when there is a jury?
No. The definition does not turn on whether a jury is present. It turns on whether the court is examining a contested issue in the action.
How does this definition relate to the rest of the trial article?
Why does Nebraska bother defining “trial” at all?
Because the code uses the word throughout the article to describe proceedings that can involve a judge, a jury, or both, a clear definition keeps later sections from being read too narrowly.
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
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