Whenever application for continuance or adjournment is made by a party or parties to any cause or proceeding pending in the district court of any county, such application shall be by written motion entitled in the cause or proceeding and setting forth the grounds upon which the application is made, which motion shall be supported by the affidavit or affidavits of person or persons competent to testify as witnesses under the laws of this state, in proof of and setting forth the facts upon which such continuance or adjournment is asked. After the filing of such application and the affidavits in support thereof, the adverse party shall have the right to file counter affidavits in the matter. Either party may, upon obtaining leave of the court, introduce oral testimony upon the hearing of such application. The court may, upon the hearing, in its discretion, grant or refuse such application, and no reversal of such cause or proceeding shall be had on account of the action of the court in granting or refusing such application except when there has been an abuse of a sound legal discretion by the court.
§ 25-1148.Continuance or adjournment of causes pending; motion; affidavits; oral testimony; order; effect.
Article 11: Trial · Last amended 1991 · Last verified July 22, 2026
In one sentenceThis section requires a party asking to postpone a pending district court case to file a written, titled motion supported by affidavit, lets the other side respond with counter-affidavits and either side request oral testimony, and leaves the decision to the court’s discretion, reversible only for abuse of that discretion.
Full Text of § 25-1148
Source
Laws 1911, c. 39, § 1, p. 205; R.S.1913, § 7889; C.S.1922, § 8831; C.S.1929, § 20-1148; R.S.1943, § 25-1148; Laws 1991, LB 732, § 48.
Plain-English Summary
A continuance is not automatic in Nebraska, and § 25-1148 spells out the steps for asking for one. The request has to be a written motion, titled in the pending cause or proceeding, and it must set out the grounds for the request. That motion cannot stand on its own — it needs the affidavit of one or more people competent to testify as witnesses, laying out the facts supporting the request.
Once that application and its supporting affidavits are on file, the adverse party gets the right to file counter-affidavits challenging those facts. Either side may also ask the court for leave to introduce oral testimony at the hearing on the motion, rather than relying only on paper affidavits.
The decision itself sits with the trial court. The statute grants the court discretion to grant or refuse the application after the hearing, and it sets the standard of review that follows: no reversal on account of that ruling unless the court abused a sound legal discretion. A party asking for more time, or opposing someone else’s request, should treat the affidavit requirement as the heart of the process — a bare request without supporting facts under oath does not meet the statute’s standard.
Frequently Asked Questions
How do I ask for a continuance in a Nebraska district court case?
By filing a written motion, titled in the case, stating the grounds for the request and supported by the affidavit of a person or persons competent to testify to the facts involved.
Can the other side fight my request for a continuance?
Yes. After the motion and supporting affidavits are filed, the adverse party has the right to file counter-affidavits.
Can I present live testimony instead of just affidavits at a continuance hearing?
Either party may introduce oral testimony at the hearing, but only after obtaining leave of the court to do so.
Is a continuance guaranteed if I file the right paperwork?
No. The decision rests in the court’s discretion; filing a proper motion and affidavits gets the request heard, not automatically granted.
How hard is it to overturn a denied or granted continuance on appeal?
Very. The statute bars reversal based on the court’s ruling on a continuance unless there has been an abuse of a sound legal discretion.
Do I need an affidavit if the reason for my continuance request is obvious from the court file?
The statute requires the motion to be supported by affidavit setting out the facts, without an exception for reasons that seem apparent from the file.
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 to request continuance nebraskamotion to continue trial nebraskaaffidavit for continuance requirementadjournment of trial nebraska