Should it appear from the affidavits of a party opposing the motion that he cannot for reasons stated present by affidavit facts essential to justify his opposition, the court may refuse the application for judgment or may order a continuance to permit affidavits to be obtained or depositions to be taken or discovery to be had or may make such other order as is just.
§ 25-1335.Party unable to justify opposition by affidavit; refusal of order; continuance.
Article 13: Judgments · Last amended 1951 · Last verified July 22, 2026
In one sentenceThis section lets a court refuse a summary judgment motion, grant a continuance, or enter another just order when the party opposing the motion shows by affidavit that it cannot yet present, for stated reasons, the facts essential to its opposition.
Full Text of § 25-1335
Source
Laws 1951, c. 65, § 6, p. 200.
Plain-English Summary
Sometimes a party facing a summary judgment motion has a real defense but cannot yet prove it — discovery has not run its course, or a key witness has not been deposed. Section 25-1335 gives that party a way to buy time instead of losing on an incomplete record.
The mechanism runs through affidavit. If it appears from the opposing party’s affidavits that the party cannot, for reasons the affidavit states, present facts essential to justify its opposition, the court has options short of ruling on the motion as filed. It may refuse the application for judgment outright, order a continuance so the party can obtain affidavits, take depositions, or pursue discovery, or make whatever other order the situation calls for.
Frequently Asked Questions
What can I do if I need more discovery before responding to a summary judgment motion in Nebraska?
File an affidavit stating why you cannot yet present facts essential to your opposition, and ask the court to refuse the motion or grant a continuance under this section.
Does the court have to grant a continuance if I ask?
No. The court may refuse the motion, grant a continuance, or make another just order, which gives it discretion rather than an obligation.
What does the affidavit need to explain?
The reasons the party cannot present facts essential to justify its opposition to the motion.
What kind of continuance can a court grant under this section?
One that permits affidavits to be obtained, depositions taken, or discovery had.
Is this the same as denying the summary judgment motion outright?
Not necessarily. The court may also refuse the application for judgment or enter a different order rather than a flat denial.
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: need more discovery before summary judgment nebraskacontinuance summary judgment nebraska affidavitcannot oppose summary judgment yet nebraskaaffidavit request more time summary judgment