§ 25-1315.03.Order for directed verdict or for new trial; appeal.
Article 13: Judgments · Last amended 1992 · Last verified July 22, 2026
Full Text of § 25-1315.03
Source
Laws 1947, c. 85, § 1(2), p. 263; Laws 1955, c. 89, § 1, p. 263; Laws 1991, LB 732, § 49; Laws 1992, LB 360, § 5.
Plain-English Summary
Section 25-1315.03 closes out the directed-verdict trilogy by addressing appeal rights. An order entering judgment as provided in § 25-1315.02 — whether the trial court let the verdict stand, reopened it for a new trial, or directed judgment as originally requested in the directed verdict motion — is an appealable order. So is an order granting or denying a new trial in that same context. The time and manner for taking that appeal track an ordinary appeal from a judgment, decree, or final order of the district court in a civil action; the directed-verdict posture does not create a special appellate track.
The statute also gives the appellate court real power once the case is before it. On appeal from an order granting a new trial, on review of an order denying a new trial in the same action, or on appeal from the judgment itself, the appellate court may order and direct that judgment be entered in favor of whichever party was entitled to it. The appellate court is not limited to sending the case back for another trial — it can resolve the matter directly if the record supports doing so.
Frequently Asked Questions
Can I appeal an order entered under § 25-1315.02?
Yes. Section 25-1315.03 makes an order entering judgment under § 25-1315.02, and an order granting or denying a new trial in that context, appealable orders.
Does the appeal from this kind of order follow special rules?
No. The time for and manner of taking the appeal is the same as an appeal from a judgment, decree, or final order of the district court in a civil action.
Can the appellate court just enter judgment itself instead of sending the case back for a new trial?
Yes. Section 25-1315.03 allows the appellate court, on appeal from an order granting or denying a new trial or from the judgment itself, to order and direct that judgment be entered for the party entitled to it.
What if the trial court denied my motion under § 25-1315.02 and I want appellate review?
The order is appealable, and you pursue it in the time and manner used for an appeal from a judgment, decree, or final order.
Does this section apply to a new trial ordered for reasons unrelated to a directed verdict motion?
Section 25-1315.03 addresses orders granting or denying a new trial in connection with the § 25-1315.02 motion practice, tying appeal rights to that specific procedural context.