Summary jury trials shall not result in a final determination on the merits and shall not be appealable. Neither the fact of the holding of a summary jury trial nor the jurors' verdict nor the presentations by the parties shall be admissible as evidence in any subsequent trial of the action except any documents otherwise admissible under the rules of evidence. No record shall be required of the jury selection, the presentation of the parties, or the instructions by the court of the summary jury trial.
§ 25-1157.Trial; use of verdict; records; not required.
Article 11: Trial · Last amended 1987 · Last verified July 22, 2026
In one sentenceThis section keeps a summary jury trial from becoming a final, appealable judgment, bars using the fact of the trial or its verdict as evidence later, and does not require a record of the jury selection, presentations, or instructions.
Full Text of § 25-1157
Source
Laws 1987, LB 225, § 4.
Plain-English Summary
A summary jury trial is a preview, not a verdict with legal force, and § 25-1157 makes that clear. It states plainly that summary jury trials do not result in a final determination on the merits and are not appealable. Whatever the jury decides, the case itself is not resolved by that decision alone.
The section also protects the confidentiality of the exercise if the case does go on to a real trial. Neither the fact that a summary jury trial was held, nor the jury’s verdict, nor the parties’ presentations, is admissible as evidence in any later trial of the action — with one exception for documents that would otherwise be admissible under the ordinary rules of evidence regardless of the summary jury trial.
Finally, the section removes the paperwork burden that comes with a formal trial. No record is required of the jury selection, the parties’ presentations, or the court’s instructions during the summary jury trial, which keeps the process light and inexpensive for everyone involved.
Frequently Asked Questions
Is a summary jury trial verdict binding on the parties?
No. Section 25-1157 states that summary jury trials do not result in a final determination on the merits.
Can I appeal the outcome of a summary jury trial?
No. The statute expressly makes summary jury trials not appealable.
Can the other side use the summary jury verdict against me at the real trial?
No. Neither the fact that the summary jury trial occurred, nor the verdict, nor the parties’ presentations, is admissible as evidence in a later trial of the action.
Is there an exception to that evidence rule?
Yes. Documents that would otherwise be admissible under the rules of evidence remain admissible, even if they were also used in the summary jury trial.
Does the court have to keep a transcript of the summary jury trial?
No. The statute does not require a record of the jury selection, the parties’ presentations, or the court’s instructions.
If a summary jury trial does not bind anyone, what is the point of holding one?
Section 25-1154 explains the purpose: giving the parties a preview of how a jury might view the case, in the hope of promoting settlement without the cost of a full trial.
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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