Supporting and opposing affidavits shall be made on personal knowledge, shall set forth such facts as would be admissible in evidence, and shall show affirmatively that the affiant is competent to testify to the matters stated therein. Sworn or certified copies of all papers or parts thereof referred to in an affidavit shall be attached thereto or served therewith. The court may permit affidavits to be supplemented or opposed by depositions or by further affidavits.
§ 25-1334.Form of affidavits; further testimony.
Article 13: Judgments · Last amended 1951 · Last verified July 22, 2026
In one sentenceThis section requires affidavits supporting or opposing a summary judgment motion to rest on personal knowledge, set out facts that would be admissible at trial, show the affiant is competent to testify, and attach sworn or certified copies of any referenced papers, while letting a court permit further affidavits or depositions.
Full Text of § 25-1334
Source
Laws 1951, c. 65, § 5, p. 200.
Plain-English Summary
Section 25-1334 sets the ground rules for the affidavits parties use to support or oppose a summary judgment motion. Every such affidavit has to be made on personal knowledge — not on belief, rumor, or what someone else reported — and it has to set forth facts that would themselves be admissible in evidence at trial. The affidavit also has to show affirmatively that the person signing it is competent to testify to the matters stated.
Paperwork referenced inside an affidavit does not get to stay off the record. Sworn or certified copies of any papers, or parts of papers, that the affidavit refers to must be attached to it or served with it, so the other side and the court can check the source rather than take the affiant’s characterization on faith.
The court is not limited to the affidavits as first filed. It may permit affidavits to be supplemented, or opposed, by depositions or by additional affidavits, giving both sides a way to round out or answer the factual record before the court rules.
Frequently Asked Questions
What must a summary judgment affidavit be based on?
Personal knowledge.
Can an affidavit include facts that would not be admissible at trial?
No. It must set forth facts that would be admissible in evidence.
Does the affidavit need to show the affiant is qualified to testify?
Yes. It must show affirmatively that the affiant is competent to testify to the matters stated.
What if the affidavit references another document?
A sworn or certified copy of the document, or the relevant part of it, must be attached to the affidavit or served with it.
Can a party supplement an affidavit after filing it?
Yes. The court may permit affidavits to be supplemented or opposed by depositions or further affidavits.
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: summary judgment affidavit requirements nebraskapersonal knowledge affidavit nebraskaaffidavit competency summary judgmentattaching documents to affidavit nebraska