Costs shall be allowed of course to any defendant upon a judgment in his favor in the actions mentioned in section 25-1708.
§ 25-1710.Defendant's costs; when allowed.
Article 17: Costs · Not amended since original codification · Last verified July 22, 2026
In one sentenceThis section entitles a defendant to recover costs as a matter of course upon winning judgment, in the same money-only and specific-property actions covered by the plaintiff’s cost right in section 25-1708.
Full Text of § 25-1710
Source
R.S.1867, Code § 622, p. 504; R.S.1913, § 8169; C.S.1922, § 9120; C.S.1929, § 20-1710; R.S.1943, § 25-1710.
Plain-English Summary
Section 25-1710 is the defendant’s counterpart to section 25-1708. Where a defendant wins judgment in an action for the recovery of money only, or for specific real or personal property — the same categories covered on the plaintiff’s side — that defendant recovers costs as a matter of course.
The parallel structure keeps the cost rule even-handed: whichever side prevails in one of these actions gets its costs without having to make a special showing, though cases outside those categories fall back to the court’s general discretion under section 25-1711.
Frequently Asked Questions
Does a winning defendant automatically get costs in Nebraska?
Yes, in actions for money only or for recovery of specific property, a prevailing defendant recovers costs as a matter of course.
What types of cases does this section cover?
The same categories addressed in section 25-1708 — actions for money only and actions for specific real or personal property.
How does this compare to the plaintiff’s right to costs under section 25-1708?
It mirrors that right, extending the same as-a-matter-of-course treatment to a prevailing defendant.
Does this section include its own waiver language like section 25-1708?
No. It extends costs to a prevailing defendant in the described actions without a separate waiver provision of its own.
What happens in cases outside these categories?
Those cost questions fall to the court’s general discretion under section 25-1711.
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: defendant recovers costs nebraskawinning defendant court costscosts allowed to defendantdefendant judgment favor costsprevailing defendant cost rule