A party against whom a claim, counterclaim, or cross-claim is asserted or a declaratory judgment is sought may, at any time, move with or without supporting affidavits for a summary judgment in his favor as to all or any part thereof.
§ 25-1331.Defending party; right to move for summary judgment.
Article 13: Judgments · Last amended 1951 · Last verified July 22, 2026
In one sentenceThis section lets a party defending against a claim, counterclaim, cross-claim, or declaratory judgment action move for summary judgment on all or part of that claim at any time, with or without supporting affidavits, and without the waiting period a claimant faces.
Full Text of § 25-1331
Source
Laws 1951, c. 65, § 2, p. 199.
Plain-English Summary
Section 25-1331 mirrors section 25-1330 from the other side of the case. A party against whom a claim, counterclaim, or cross-claim is asserted, or against whom someone seeks a declaratory judgment, may move for summary judgment in its own favor as to all or any part of that claim.
The defending party gets a freedom the claimant does not: the motion can be filed at any time. There is no thirty-day waiting period tied to service of process, and no need to wait for the other side to move first. As with the claimant’s motion, supporting affidavits are optional — the defending party can move with or without them.
Frequently Asked Questions
Can a defendant move for summary judgment as soon as a lawsuit is filed in Nebraska?
Yes. Section 25-1331 lets a defending party move “at any time,” unlike the thirty-day wait a claimant faces under section 25-1330.
Does this section require supporting affidavits?
No. The motion may be made with or without supporting affidavits.
Who counts as a “defending party” under this section?
A party against whom a claim, counterclaim, or cross-claim is asserted, or against whom a declaratory judgment is sought.
Can the motion address only part of the claim?
Yes. The section covers summary judgment as to “all or any part thereof.”
How does this section differ from the claimant’s right to move under 25-1330?
The claimant generally must wait thirty days after service, or wait for the adverse party to move first; the defending party faces no such waiting period.
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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