The application for a new trial shall be by motion, upon written grounds, filed at the time of making the motion. It shall be sufficient, however, in assigning the grounds of the motion to assign the same in the language of the statute and without further or other particularity. The causes enumerated in subdivisions (2), (3), and (7) of section 25-1142 shall be sustained by affidavits showing their truth and may be controverted by affidavits.
§ 25-1144.New trial; motion; form.
Article 11: Trial · Last amended 2009 · Last verified July 22, 2026
In one sentenceThis section requires a new-trial motion to be written and filed with its grounds stated at the time it is made, allows the grounds to be stated in the statute’s own language, and requires affidavits to back up the misconduct, surprise, and newly-discovered-evidence grounds.
Full Text of § 25-1144
Source
R.S.1867, Code § 317, p. 477; R.S.1913, § 7885; C.S.1922, § 8827; C.S.1929, § 20-1144; R.S.1943, § 25-1144; Laws 2009, LB35, § 9.
Plain-English Summary
Section 25-1144 sets the format for the motion itself. It has to be a written motion, and the grounds have to be filed at the time the motion is made — not added piecemeal afterward. That said, the drafting bar is not high: it is enough to assign the grounds in the language of the statute itself, without further detail or particularity. A party does not need to write a mini-brief explaining each ground in the motion; tracking the wording of § 25-1142 is enough to satisfy this section.
Three of those grounds get special treatment. The causes listed in § 25-1142 as misconduct of the jury or prevailing party, accident or surprise, and newly discovered evidence must be sustained by affidavits showing they are true. The opposing party gets a chance to push back with its own affidavits controverting them. The other five grounds — irregularity, excessive damages, error in the amount of recovery, an unsupported or unlawful verdict, and legal error excepted to — do not carry that affidavit requirement, since they can typically be evaluated from the trial record itself.
Frequently Asked Questions
Does a motion for new trial in Nebraska have to be in writing?
Yes. Section 25-1144 requires the application for a new trial to be by motion, in writing, with the grounds filed at the time the motion is made.
How specific do I have to be when stating the grounds for a new trial?
Not very. It is enough to state the grounds using the language of the statute itself, without additional detail or particularity.
Which grounds need an affidavit to support them?
The grounds involving misconduct of the jury or prevailing party, accident or surprise, and newly discovered evidence — the causes listed as subdivisions (2), (3), and (7) of § 25-1142 — must be supported by affidavits.
Can the other side challenge my affidavits?
Yes. The opposing party may controvert those affidavits with counter-affidavits of its own.
Do I need an affidavit if I am arguing the verdict was not supported by the evidence?
No. That ground, along with irregularity, excessive damages, error in the amount of recovery, and legal error excepted to, does not carry the affidavit requirement under this section.
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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