RulesofCivilProcedure.com Civil Procedure · Every State

§ 25-1315.Multiple claims or parties; effect.

Article 13: Judgments · Last amended 2000 · Last verified July 22, 2026

In one sentenceThis section lets a court enter final judgment on fewer than all claims or parties in a multi-claim or multi-party case, but only with an express finding of no just reason for delay, and otherwise treats a partial ruling as non-final and subject to revision until every claim and party is resolved.

Full Text of § 25-1315

Text size

(1) When more than one claim for relief is presented in an action, whether as a claim, counterclaim, cross-claim, or third-party claim, or when multiple parties are involved, the court may direct the entry of a final judgment as to one or more but
fewer than all of the claims or parties only upon an express determination that there is no just reason for delay and upon an express direction for the entry of judgment. In the absence of such determination and direction, any order or other form of decision, however designated, which adjudicates fewer than all the claims or the rights and liabilities of fewer than all the parties shall not terminate the action as to any of the claims or parties, and the order or other form of decision is subject to revision at any time before the entry of judgment adjudicating all the claims and the rights and liabilities of all the parties.
(2) When a court has ordered a final judgment under the conditions stated in subsection (1) of this section, the court may stay enforcement of that judgment until the entry of a subsequent judgment or judgments and may prescribe such conditions as are necessary to secure the benefit thereof to the party in whose favor the judgment is entered.

Source

Laws 2000, LB 921, § 10.

Plain-English Summary

Cases with counterclaims, cross-claims, third-party claims, or multiple parties often reach a point where the court has resolved some claims but not others. Section 25-1315 controls when that partial resolution counts as an appealable final judgment. Where more than one claim for relief is presented, or multiple parties are involved, the court may direct entry of a final judgment on one or more but fewer than all the claims or parties — but only upon an express determination that there is no just reason for delay, coupled with an express direction for the entry of judgment.

Without both of those express statements, a partial ruling does not become final. Any order or other form of decision, however labeled, that resolves fewer than all the claims or the rights of fewer than all the parties does not terminate the action as to any claim or party. It remains subject to revision at any time before the court enters judgment resolving everything — all claims, all parties’ rights and liabilities.

The second part of the statute addresses what happens once the court does certify a partial judgment as final. The court may stay enforcement of that judgment until it enters the remaining judgment or judgments in the case, and it may set whatever conditions are necessary to protect the benefit of the certified judgment for the party who won it, while the rest of the case continues.

Frequently Asked Questions

Can a party appeal a ruling on one claim while other claims in the same case are still pending?

Only if the court expressly determines there is no just reason for delay and expressly directs entry of judgment on that claim under § 25-1315. Without both express statements, the ruling is not a final, appealable judgment.

What happens to a partial ruling if the court never makes the express certification?

It does not terminate the action as to any claim or party and remains subject to revision at any time before the court enters judgment resolving all claims and all parties’ rights and liabilities.

Does it matter how the court labels its partial ruling?

No. The statute covers any order or other form of decision, however designated, that adjudicates fewer than all the claims or the rights and liabilities of fewer than all the parties.

Can the court delay enforcement of a certified partial judgment?

Yes. Once the court has certified a final judgment under this section, it may stay enforcement until entry of the remaining judgment or judgments and may set conditions to secure the benefit of the judgment for the prevailing party.

Why does Nebraska require an express finding instead of letting any partial ruling be appealed?

Requiring an express determination of no just reason for delay keeps piecemeal appeals from fragmenting a case with multiple claims or parties, reserving early appeal for situations the trial court identifies as warranting it.

Does this section apply to cases with only one claim and one party?

No. It applies specifically where more than one claim for relief is presented, or where multiple parties are involved, and the court resolves fewer than all of them.

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: partial final judgment nebraskano just reason for delaymultiple claims multiple parties judgmentappealing one claim in multi-claim case