Proof made as provided in sections 25-1274 to 25-1276, may be perpetuated and preserved for future use by filing the papers above mentioned in the office of the county judge, and the original affidavit appended to the notice or paper, if there be one, and if not the affidavit, by itself, is presumptive evidence of the facts stated therein, but does not preclude other modes of proof permitted by law.
§ 25-1277.Legal notices and other facts provable by affidavit; perpetuation of proof.
Article 12: Evidence and Witnesses · Not amended since original codification · Last verified July 22, 2026
In one sentenceThis section explains how to permanently preserve proof made under sections 25-1274 through 25-1276 by filing the notice and affidavit with the county judge, where the affidavit then stands as presumptive, but not exclusive, evidence of the facts it states.
Full Text of § 25-1277
Source
R.S.1867, Code § 406, p. 461; R.S.1913, § 7970; C.S.1922, § 8911; C.S.1929, § 20-1277; R.S.1943, § 25-1277.
Plain-English Summary
Proof by affidavit does little good if it disappears into a drawer. Section 25-1277 gives that proof a permanent home. A person may file the papers described in sections 25-1274 to 25-1276 in the office of the county judge, attaching the original affidavit to the notice or paper it supports. If there is no separate notice or paper, the affidavit gets filed by itself.
Once filed, the affidavit becomes presumptive evidence of the facts it states. That is a meaningful boost: instead of tracking down a witness years later to reconstruct what happened, a party can point to the filed affidavit and let it carry the burden until someone rebuts it. But the section does not lock parties into this one path. It expressly preserves every other mode of proof the law allows, so filing under this section adds a tool without taking any away.
Frequently Asked Questions
Where do I file an affidavit to preserve it under this section?
In the office of the county judge, with the original affidavit attached to the notice or paper it supports.
What happens to the affidavit’s evidentiary weight once it is filed?
It becomes presumptive evidence of the facts stated in it.
Can someone still dispute the facts in a filed affidavit?
Yes. Presumptive evidence can be contested; the filing does not make the affidavit conclusive.
Does filing under this section replace other ways of proving the same fact?
No. The section states that filing does not preclude other modes of proof permitted by law.
What if there is no separate notice document, just the affidavit?
The affidavit itself is filed by itself in the county judge’s office.
Which sections describe the proof this section lets a party preserve?
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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