Where it is not otherwise provided by this and other statutes, costs shall be allowed of course to the plaintiff, except as waived or released in writing by the plaintiff, upon a voluntary payment to the plaintiff after the action is filed but before judgment, or upon a judgment in favor of the plaintiff, in actions for the recovery of money only or for the recovery of specific real or personal property.
§ 25-1708.Plaintiff's costs; when allowed.
Article 17: Costs · Last amended 2009 · Last verified July 22, 2026
In one sentenceThis section entitles a plaintiff to recover costs as a matter of course, in actions for money or specific property, either after a voluntary payment made once the action is filed but before judgment, or after a judgment in the plaintiff’s favor, unless the plaintiff waives that right in writing.
Full Text of § 25-1708
Source
R.S.1867, Code § 620, p. 504; R.S.1913, § 8167; C.S.1922, § 9118; C.S.1929, § 20-1708; R.S.1943, § 25-1708; Laws 2009, LB35, § 11.
Cross References
Agreement to pay costs as part of settlement, authorized, see section 25-2240.
Plain-English Summary
Section 25-1708 sets the default cost rule for a plaintiff in the most common kinds of civil cases — those seeking money only, or seeking recovery of specific real or personal property. Where nothing else in the statutes says otherwise, the plaintiff gets costs as a matter of course, without having to argue for them case by case.
That entitlement covers two situations: a voluntary payment made to the plaintiff after the action is filed but before judgment, and a judgment entered in the plaintiff’s favor. Either one triggers the right to costs.
The plaintiff can give up that right. Costs are not recovered where the plaintiff has waived or released the right to them in writing — a choice that sometimes shows up as part of a settlement agreement.
Frequently Asked Questions
Does a plaintiff automatically get costs after winning a Nebraska lawsuit?
Yes, in actions for money or for recovery of specific property, costs go to the plaintiff as a matter of course unless waived.
What if the case settles before judgment?
A voluntary payment to the plaintiff after filing but before judgment also triggers the right to costs under this section.
Can a plaintiff give up the right to costs?
Yes, by waiving or releasing that right in writing.
What kinds of cases does this section cover?
Actions for the recovery of money only, or for the recovery of specific real or personal property.
What happens to costs in cases outside those categories?
Those fall to the court’s general discretion under section 25-1711 rather than this section’s default rule.
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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