When an instrument consists partly of written and partly of printed form, the former controls the latter, where the two are inconsistent.
§ 25-1216.Evidence; instrument; written and printed matter; writing controls.
Article 12: Evidence and Witnesses · Not amended since original codification · Last verified July 22, 2026
In one sentenceThis section resolves conflicts within a single document by giving the handwritten or typed-in portion of an instrument priority over its printed form whenever the two are inconsistent.
Full Text of § 25-1216
Source
R.S.1867, Code § 340, p. 451; R.S.1913, § 7908; C.S.1922, § 8850; C.S.1929, § 20-1216; R.S.1943, § 25-1216.
Cross References
Commercial paper, see section 3-114, Uniform Commercial Code.
Plain-English Summary
Standard forms mix boilerplate printed language with blanks the parties fill in by hand or typewriter. Section 25-1216 answers what happens when those two layers pull in different directions: when an instrument consists partly of written and partly of printed material, and the two are inconsistent, the written part controls the printed part.
The reasoning is a matter of common sense that this section turns into a rule of evidence. Printed language comes from whoever drafted the form, often before either party to the transaction was involved. The written or filled-in portion reflects what these particular parties agreed to for this particular transaction. When the two conflict, the specific, negotiated language should govern over the generic, pre-printed language.
This section works alongside the Uniform Commercial Code’s own rule for commercial paper at section 3-114, which addresses the same written-versus-printed conflict for negotiable instruments specifically. For contracts and instruments outside that commercial-paper context, section 25-1216 supplies the general evidentiary rule.
Frequently Asked Questions
If a printed contract form and the handwritten fill-in terms conflict, which one wins?
The written portion controls. Section 25-1216 gives priority to written or filled-in language over inconsistent printed form language.
Does this section apply to typed insertions as well as handwriting?
The section speaks in terms of written and printed matter; typed insertions filling in a printed form serve the same function as handwriting and are treated the same way under the underlying principle.
What if the written and printed portions of a document do not conflict?
This section only comes into play where the two are inconsistent. Where they agree, or address different subjects, there is no conflict to resolve.
Does this section apply to commercial paper like checks and notes?
The Uniform Commercial Code has its own written-versus-printed rule for commercial paper at section 3-114. Section 25-1216 supplies the general rule for instruments outside that specific context.
Why does written language usually control over printed language on a form?
Printed language is generic boilerplate drafted in advance, while written or filled-in terms reflect what the specific parties agreed to for their transaction, which is why the more particular language controls.
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: written controls over printed formconflict between typed and printed contract termsform contract inconsistency rule nebraskahandwritten terms override boilerplateinstrument written and printed inconsistent