§ 25-1315.Multiple claims or parties; effect.
Article 13: Judgments · Last amended 2000 · Last verified July 22, 2026
Full Text of § 25-1315
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.