Upon appeal from the district court, the party appealing may order a bill of exceptions by filing in the office of the clerk of the district court a praecipe therefor within the time allowed for filing a notice of appeal. The procedure for preparation, settlement, signature, allowance, certification, filing, and amendment of the bill of exceptions shall be regulated and governed by rules of practice prescribed by the Supreme Court.
§ 25-1140.Bill of exceptions; filing of request; further proceedings governed by rules of court.
Article 11: Trial · Last amended 1992 · Last verified July 22, 2026
In one sentenceThis section lets a party appealing from district court order a bill of exceptions — the official record of trial proceedings — by filing a praecipe within the deadline for filing a notice of appeal, with the details of preparing it governed by Supreme Court rules.
Full Text of § 25-1140
Source
R.S.1867, Code § 311, p. 446; Laws 1877, § 2, p. 11; Laws 1881, c. 27, § 2, p. 202; Laws 1895, c. 72, § 1, p. 311; R.S.1913, § 7880; C.S.1922, § 8823; Laws 1923, c. 114, § 1, p. 273; C.S.1929, § 20-1140; R.S.1943, § 25-1140; Laws 1947, c. 83, § 1(1), p. 257; Laws 1959, c. 104, § 1, p. 431; Laws 1991, LB 732, § 47; Laws 1992, LB 360, § 4.
Plain-English Summary
A bill of exceptions is the formal record of what happened at trial — testimony, rulings, and the exchanges that do not otherwise appear on the face of the pleadings and judgment. An appellate court reviewing a district court decision needs that record to evaluate anything that happened during the trial itself, and § 25-1140 sets the starting point for getting one.
To order a bill of exceptions, the appealing party files a praecipe — a written request — with the clerk of the district court. That request has to go in within the same window allowed for filing a notice of appeal, so a party planning to appeal should treat the two deadlines as running together rather than assuming extra time to think about the record separately.
Once the praecipe is filed, this section hands off the mechanics — preparation, settlement, signature, certification, filing, and any amendment of the bill of exceptions — to rules of practice the Supreme Court prescribes. The statute sets the trigger; the Court’s own rules fill in the procedural detail.
Frequently Asked Questions
What is a bill of exceptions?
It is the official record of trial proceedings, including testimony and rulings, prepared so an appellate court can review what happened at trial.
How do I request a bill of exceptions after a district court judgment?
By filing a praecipe with the clerk of the district court, within the same time allowed for filing a notice of appeal.
What is a praecipe?
It is the written request that starts the process of preparing a bill of exceptions, filed with the district court clerk.
Does this statute spell out how the bill of exceptions gets prepared and certified?
No. It sets the filing trigger and deadline, then leaves preparation, settlement, signature, certification, filing, and amendment to rules of practice the Supreme Court prescribes.
Does this section apply to appeals from boards or tribunals other than the district court?
No. Section 25-1140.08 covers bill-of-exceptions procedure for appeals from boards and tribunals where no other specific provision applies.
What happens if I miss the deadline to file the praecipe?
The statute ties the praecipe deadline to the notice-of-appeal deadline, so missing it risks losing the chance to have the trial record prepared for appellate review.
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: bill of exceptions nebraskahow to order trial transcript for appealpraecipe deadline nebraska appealdistrict court appeal record