If on motion under sections 25-1330 to 25-1336 judgment is not rendered upon the whole case or for all the relief asked and a trial is necessary, the court at the hearing of the motion, by examining the pleadings and the evidence before it and by interrogating counsel, shall if practicable ascertain what material facts exist without substantial controversy and what material facts are actually and in good faith controverted. It shall thereupon make an order specifying the facts that appear without substantial controversy, including the extent to which the amount of damages or other relief is not in controversy, and directing such further proceedings in the action as are just. Upon the trial of the action the facts so specified shall be deemed established, and the trial shall be conducted accordingly.
§ 25-1333.Case not fully adjudicated on motion.
Article 13: Judgments · Last amended 1951 · Last verified July 22, 2026
In one sentenceThis section covers what happens when a summary judgment motion resolves part of a case but leaves other issues for trial: the court identifies which material facts are uncontroverted, orders further proceedings, and treats those identified facts as established when the case goes to trial.
Full Text of § 25-1333
Source
Laws 1951, c. 65, § 4, p. 199.
Plain-English Summary
Not every summary judgment motion ends the case. Section 25-1333 addresses what happens when a motion filed under sections 25-1330 to 25-1336 does not produce judgment on the whole case or all the relief a party wants, and a trial still has to happen.
At the hearing on the motion, the court does more than grant or deny it. By examining the pleadings and the evidence before it, and by questioning counsel, the court is to ascertain — if practicable — which material facts exist without substantial controversy and which material facts are disputed in good faith. That sorting exercise separates what the trial needs to decide from what it does not.
The court then enters an order specifying the facts that appear without substantial controversy, including how much of the damages or other relief is not in dispute, and directs whatever further proceedings are just given that narrowed picture. At trial, the facts the order specifies are deemed established, and the trial goes forward on that footing.
Frequently Asked Questions
What happens if a summary judgment motion does not resolve the whole case?
The court identifies the material facts that exist without substantial controversy, enters an order specifying them, and directs further proceedings for what remains to be tried.
Does the court have to identify undisputed facts at the summary judgment hearing?
It does so if practicable, by examining the pleadings and evidence before it and by questioning counsel.
Are facts the court identifies as uncontroverted relitigated at trial?
No. Those facts are deemed established, and the trial proceeds accordingly.
Can this narrowing process address the amount of damages?
Yes. The order can specify the extent to which the amount of damages or other relief is not in controversy.
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: partial summary judgment nebraskauncontroverted facts order nebraskanarrowing issues for trial nebraskacase not fully adjudicated summary judgment