Every litigant in any court or in any proceeding to which he is a party before any judge, magistrate, referee, board or tribunal, shall be deemed and taken, both in the trial court and before such judge, magistrate, referee, board or tribunal as well on appeal or error therefrom, as excepting to any judgment, order or other ruling, including the giving or refusal of instructions to the jury, made by such court, judge, magistrate, referee, board or tribunal at any stage of the case or proceeding, that is material and prejudicial to the substantial rights of the litigant and he shall not be required in order to preserve his rights actually to take, or to cause to be noted upon the record, any such exception.
§ 25-1139.Taking and noting of exceptions; unnecessary, when.
Article 11: Trial · Last amended 1915 · Last verified July 22, 2026
In one sentenceThis section says every litigant is automatically treated as having excepted to any ruling that materially and unfairly hurt their case, so no one needs to voice or record a formal exception to preserve the issue.
Full Text of § 25-1139
Source
R.S.1867, Code §§ 308, 309, 310, 312, and 313, p. 446; Laws 1877, § 1, p. 11; R.S.1913, § 7877; Laws 1915, c. 147, § 1, p. 317; C.S.1922, § 8822; C.S.1929, § 20-1139; R.S.1943, § 25-1139.
Plain-English Summary
Before this section, a party who wanted to challenge a judge’s ruling later had to speak up in the moment and make sure the exception got noted in the record. Section 25-1139 does away with that requirement. Every litigant before a court, judge, magistrate, referee, board, or tribunal is deemed to have excepted to any judgment, order, or ruling — including jury instructions given or refused — that is material and prejudicial to their substantial rights, at whatever stage of the case it happens.
That protection follows the litigant through the trial court and into any appeal or error proceeding. The party does not have to say the word “except,” ask the court to note one, or otherwise call attention to it in real time. The ruling itself, if it caused real harm to a substantial right, carries the exception with it automatically.
This does not erase every requirement to object. A party still generally needs to raise the underlying issue — an evidentiary objection, a jury instruction dispute, and so on — so the court has a chance to rule on it. What this section removes is the extra, separate step of formally excepting to that ruling once made.
Frequently Asked Questions
Do I have to say “I except” after a judge rules against me in Nebraska?
No. Section 25-1139 treats every litigant as having excepted to any ruling that materially and unfairly harmed their substantial rights, without requiring that extra step.
Does this section cover jury instructions?
Yes. It specifically includes the giving or refusal of jury instructions among the rulings a litigant is deemed to have excepted to.
Does this apply to boards and tribunals, or only courts?
It applies broadly — to courts, judges, magistrates, referees, boards, and tribunals — and follows the litigant into any appeal or error proceeding from that body.
Does this section mean I never have to object during trial?
No. It removes the separate requirement of formally noting an exception once a ruling is made; it does not replace the need to raise an objection so the court can rule on the issue in the first place.
Which rulings does this protection cover?
Any judgment, order, or other ruling made at any stage of the case that is material and prejudicial to the litigant’s substantial rights.
How does this section relate to the definition of “exception” in § 25-1138?
Section 25-1138 defines what an exception is — an objection to a legal ruling. Section 25-1139 builds on that definition by saying the exception is automatic and does not need to be voiced or recorded.
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: do i need to object to preserve appeal nebraskaautomatic exception rulepreserving error without objectingnebraska exception not requiredsection 25-1139 explained