A party seeking to recover in district court upon a claim, counterclaim, or cross-claim or to obtain a declaratory judgment may, at any time after the expiration of thirty days from the service of process on the opposing party or after service of a motion for summary judgment by the adverse party, move with or without supporting affidavits for a summary judgment in his or her favor upon all or any part thereof.
§ 25-1330.Claimant; right to move for summary judgment.
Article 13: Judgments · Last amended 1998 · Last verified July 22, 2026
In one sentenceThis section lets a party pursuing a claim, counterclaim, cross-claim, or declaratory judgment in district court move for summary judgment, with or without supporting affidavits, once thirty days have passed since serving the opposing party or once the adverse party has served its own summary judgment motion.
Full Text of § 25-1330
Source
Laws 1951, c. 65, § 1, p. 199; Laws 1998, LB 234, § 6.
Plain-English Summary
Section 25-1330 gives the party seeking recovery — the one asserting a claim, counterclaim, cross-claim, or asking for a declaratory judgment — the right to move for summary judgment in district court. The motion can reach all or any part of what that party is trying to recover, and it can be filed with or without supporting affidavits.
Timing matters here in a way it does not for the party on the other side. A claimant cannot move for summary judgment the moment a case begins. The motion has to wait until thirty days have passed since the opposing party was served with process. That waiting period gives the defending party time to appear and respond before facing a summary judgment motion.
There is one way around the thirty-day wait: if the adverse party has already served its own motion for summary judgment, the claimant may move for summary judgment right away, without waiting out the rest of the thirty days.
Frequently Asked Questions
Who can file a motion for summary judgment under section 25-1330?
A party seeking to recover in district court on a claim, counterclaim, or cross-claim, or seeking a declaratory judgment.
How soon after filing suit can a plaintiff move for summary judgment in Nebraska?
Generally, only after thirty days have passed since service of process on the opposing party.
Is there a way to skip the thirty-day waiting period?
Yes. If the adverse party has already served its own motion for summary judgment, the claimant may move for summary judgment without waiting out the thirty days.
Do I need supporting affidavits to file this motion?
No. The motion may be made with or without supporting affidavits.
Can I move for summary judgment on only part of my claim?
Yes. The section allows judgment “upon all or any part thereof.”
Does this section apply outside district court?
Its text addresses a party seeking to recover “in district court.”
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
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