§ 25-1317.Judgment or order; infant's right reserved.
Article 13: Judgments · Last amended 1972 · Last verified July 22, 2026
Full Text of § 25-1317
Source
R.S.1867, Code § 442, p. 467; R.S.1913, § 8010; C.S.1922, § 8951; C.S.1929, § 20-1317; R.S.1943, § 25-1317; Laws 1972, LB 1049, § 5.
Plain-English Summary
Courts once worried that a judgment entered against a minor could be attacked years later unless the judgment itself said so in so many words. Section 25-1317 removes that worry. A judgment or order does not need to reserve, in its own text, an infant’s right to show cause against it after turning twenty. The right exists whether or not the judgment mentions it.
The protection has a deadline. An infant who wants to challenge a judgment or order entered during minority has one year from the date he or she turns twenty to show cause against it. Miss that year, and the window closes.
The section applies only where a reservation of this kind would otherwise have been proper — cases where the earlier judgment or order affected an infant’s rights and the law would ordinarily let the infant contest it once grown. It does not create a new right to reopen every old judgment; it confirms that the right an infant already has survives without special drafting.
Frequently Asked Questions
Does a Nebraska judgment need to state that a minor can challenge it later?
No. Section 25-1317 makes that reservation unnecessary — the infant’s right to show cause against the judgment or order applies automatically.
How long does an infant have to show cause after turning twenty?
One year from the date the infant attains twenty years of age.
What does “show cause” mean in this context?
It means presenting reasons to the court why the earlier judgment or order should be set aside or changed, rather than filing an appeal.
Does this section let an infant reopen any old case once he or she turns twenty?
No. It applies only where reserving the infant’s right would have been proper in the first place — meaning the judgment or order affected the infant’s interests.
What happens if the infant does not act within the one-year period?
The section ties the right to that one-year window; the statute does not describe any way to show cause after it closes.
Does this section cover orders as well as judgments?
Yes. It refers to both a judgment and an order entered in a case.