Unless otherwise provided by statute, the costs of motions, continuances, amendments, and the like, shall be taxed and paid as the court in its discretion may direct.
§ 25-1707.Costs on motions, continuances, and amendments.
Article 17: Costs · Not amended since original codification · Last verified July 22, 2026
In one sentenceThis section gives courts broad discretion, absent a statute saying otherwise, to decide who pays the costs tied to motions, continuances, and amendments as those matters arise during a case.
Full Text of § 25-1707
Source
R.S.1867, Code § 619, p. 504; R.S.1913, § 8166; C.S.1922, § 9117; C.S.1929, § 20-1707; R.S.1943, § 25-1707.
Plain-English Summary
Not every cost question in a lawsuit fits neatly into a single rule. Section 25-1707 fills that gap for motions, continuances, and amendments: unless some other statute already dictates the outcome, the court decides who pays those costs and how, using its own discretion.
This discretion gives judges room to fit the cost decision to the circumstances — a continuance requested for a good reason might not carry the same cost consequence as one requested to cause delay. Other, more specific statutes narrow that discretion in particular situations, such as the ten-dollar cap on motion costs in section 25-1715.
Frequently Asked Questions
Who pays for a continuance in a Nebraska civil case?
The court decides, using its discretion, unless another statute already addresses the situation.
Does the losing side on a motion automatically pay its costs?
Not automatically — the court has discretion to tax and apportion those costs as it thinks right.
What if a specific statute already addresses who pays?
That statute controls instead of the general discretion in this section.
Does this discretion come up often in practice?
It applies whenever motions, continuances, or amendments raise a cost question not otherwise settled by statute.
How does this section interact with the cap in section 25-1715?
Section 25-1715 sets a specific ten-dollar limit on motion costs, narrowing the discretion this section otherwise gives the court.
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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