If a counterclaim or setoff established at the trial exceeds the plaintiff's claim so established, judgment for the defendant must be given for the excess; or, if it appears that the defendant is entitled to any affirmative relief, judgment should be given therefor.
§ 25-1316.Judgment upon counterclaim or setoff.
Article 13: Judgments · Not amended since original codification · Last verified July 22, 2026
In one sentenceThis section requires judgment for the defendant on the excess when a proven counterclaim or setoff exceeds the plaintiff’s established claim, and requires judgment for the defendant on any affirmative relief the defendant is entitled to.
Full Text of § 25-1316
Source
R.S.1867, Code § 441, p. 467; R.S.1913, § 8009; C.S.1922, § 8950; C.S.1929, § 20-1316; R.S.1943, § 25-1316.
Plain-English Summary
Article 13 closes this batch of sections with a plain rule about counterclaims and setoffs that outweigh the plaintiff’s own case. If a counterclaim or setoff established at trial exceeds the plaintiff’s claim as established, § 25-1316 requires that judgment for the defendant be given for the excess — the defendant does not just avoid liability, but gets an affirmative judgment for the amount by which their proven counterclaim or setoff exceeds what the plaintiff proved.
The section reaches slightly further than counterclaims and setoffs framed purely as a dollar-for-dollar offset. If it appears the defendant is entitled to any affirmative relief beyond that offsetting calculation, judgment should be given for that relief as well. The statute keeps the focus on what each side proved at trial: the plaintiff’s claim as established, and the defendant’s counterclaim, setoff, or affirmative relief as established.
Frequently Asked Questions
What happens if a defendant’s counterclaim at trial is worth more than the plaintiff’s claim?
Under § 25-1316, judgment for the defendant must be given for the excess — the amount by which the proven counterclaim or setoff exceeds the plaintiff’s established claim.
Does the defendant automatically get a judgment just by raising a counterclaim?
No. The statute applies to a counterclaim or setoff established at the trial — meaning proven — not merely alleged. The excess is measured against what the plaintiff also established.
Can a defendant get more than just an offset against the plaintiff’s claim?
Yes. If it appears the defendant is entitled to any affirmative relief, judgment should be given for that relief, beyond the excess calculation from a counterclaim or setoff.
What is the difference between a counterclaim and a setoff under this section?
Section 25-1316 treats both as claims that can offset or exceed the plaintiff’s established claim, without drawing a distinction between them for purposes of the judgment-for-the-excess rule.
Does this section apply if the plaintiff’s claim exceeds the defendant’s counterclaim instead?
Section 25-1316 addresses the situation where the counterclaim or setoff exceeds the plaintiff’s claim; where the plaintiff’s claim is larger, ordinary judgment principles for the plaintiff’s established claim, reduced by the defendant’s proven offset, would apply instead.
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: counterclaim exceeds plaintiff claim nebraskasetoff judgment for defendantaffirmative relief counterclaim nebraskajudgment for excess counterclaim