Should it appear to the satisfaction of the court at any time that any of the affidavits presented pursuant to sections 25-1330 to 25-1336 are presented in bad faith or solely for the purpose of delay, the court shall forthwith order the party employing them to pay to the other party the amount of the reasonable expenses which the filing of the affidavits caused him to incur, including reasonable attorney's fees, and any offending party or attorney may be adjudged guilty of contempt.
§ 25-1336.Affidavit made in bad faith.
Article 13: Judgments · Last amended 1951 · Last verified July 22, 2026
In one sentenceThis section penalizes bad-faith or delay-only affidavits filed in connection with a summary judgment motion, requiring the offending party to pay the other side’s reasonable expenses, including attorney’s fees, and exposing that party or attorney to a contempt finding.
Full Text of § 25-1336
Source
Laws 1951, c. 65, § 7, p. 200.
Plain-English Summary
Section 25-1336 backs up the summary judgment affidavit rules with a real consequence. If it appears to the court’s satisfaction, at any time, that an affidavit filed under sections 25-1330 to 25-1336 was presented in bad faith or solely to cause delay, the court has no discretion to look past it — it shall forthwith order the offending party to pay the other party’s reasonable expenses caused by the affidavit’s filing, including reasonable attorney’s fees.
The consequences do not stop at reimbursement. Any offending party or attorney responsible for the bad-faith or delay-only affidavit may also be adjudged guilty of contempt. Together, the fee-shifting and the contempt exposure give affiants and the lawyers who prepare their affidavits a reason to make sure every summary judgment affidavit reflects a genuine effort rather than a tactic to run out the clock.
Frequently Asked Questions
What happens if a party files a summary judgment affidavit in bad faith in Nebraska?
The court must order that party to pay the other side’s reasonable expenses, including attorney’s fees, caused by the affidavit’s filing.
Can the court also hold someone in contempt for a bad-faith affidavit?
Yes. The offending party or attorney may be adjudged guilty of contempt.
When can the court address a bad-faith affidavit?
At any time it appears to the court’s satisfaction that an affidavit was presented in bad faith or solely for the purpose of delay.
Is the expense award mandatory or discretionary?
Mandatory. The court “shall forthwith order” payment once it finds bad faith or a delay purpose.
Which sections does this bad-faith rule apply to?
Affidavits presented under sections 25-1330 to 25-1336.
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: bad faith affidavit summary judgment nebraskasanctions summary judgment affidavit nebraskaattorney fees bad faith affidavit nebraskacontempt affidavit summary judgment