Every attorney who shall confess judgment in any case, shall, at the time of making such confession, produce the warrant of attorney for making the same to the court before which he makes the confession; and the original or a copy of the warrant shall be filed with the clerk of the court in which the judgment shall be entered.
§ 25-1312.Confession of judgment by attorney; warrant; requirements.
Article 13: Judgments · Not amended since original codification · Last verified July 22, 2026
In one sentenceThis section requires an attorney who confesses judgment on a client’s behalf to produce the warrant of attorney authorizing the confession to the court at the time of confessing, and to file the original or a copy with the clerk.
Full Text of § 25-1312
Source
R.S.1867, Code § 436, p. 466; R.S.1913, § 8005; C.S.1922, § 8946; C.S.1929, § 20-1312; R.S.1943, § 25-1312.
Plain-English Summary
Confessing judgment does not always happen in person — a debtor can authorize an attorney to do it on their behalf through a warrant of attorney, a written grant of authority for that specific purpose. Section 25-1312 makes sure that authority is verified before it is used. Every attorney who confesses judgment in any case must, at the time of making the confession, produce the warrant of attorney to the court before which the confession is made.
The requirement does not stop with showing the court the document in the moment. The original or a copy of the warrant must also be filed with the clerk of the court in which the judgment is entered, creating a permanent record that the attorney had authority to bind the debtor to the confessed judgment. This protects against an attorney confessing judgment without genuine authorization, since the court and the record both require proof of that authority up front.
Frequently Asked Questions
What is a warrant of attorney in the context of confessing judgment?
It is the document giving an attorney authority to confess judgment on someone else’s behalf. Section 25-1312 requires the attorney to produce it to the court at the time the confession is made.
Does the court just take the attorney’s word that they have authority to confess judgment?
No. The statute requires the attorney to produce the warrant of attorney to the court before which the confession is made, at the time of making it.
What has to be filed with the court clerk after the confession?
The original or a copy of the warrant of attorney, filed with the clerk of the court in which the judgment is entered.
Can a copy of the warrant be filed instead of the original?
Yes. Section 25-1312 allows either the original or a copy of the warrant to be filed with the clerk.
Does this requirement apply every time an attorney confesses judgment?
Yes. The statute applies to every attorney who confesses judgment in any case, requiring production of the warrant at confession and filing with the clerk.
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: warrant of attorney confession judgmentattorney confessing judgment requirementsfiling warrant with clerk nebraskaproof of authority confess judgment