When an application shall be made to a court of record to postpone a trial, the payment to the adverse party of a sum not exceeding ten dollars, besides the costs of the term, may in the discretion of the judges be imposed as a condition of granting the postponement.
§ 25-1714.Application for postponement of trial; condition.
Article 17: Costs · Last amended 1875 · Last verified July 22, 2026
In one sentenceThis section lets a court of record condition granting a trial postponement on the requesting party paying the opposing party up to ten dollars, on top of the costs of the term, at the judge’s discretion.
Full Text of § 25-1714
Source
Laws 1875, § 1, p. 63; R.S.1913, § 8173; C.S.1922, § 9124; C.S.1929, § 20-1714; R.S.1943, § 25-1714.
Plain-English Summary
Postponing a trial imposes a cost on the other side — time, preparation, sometimes witnesses kept waiting. Section 25-1714 lets the court account for that when someone applies for a postponement in a court of record: the judge can condition granting the request on the applicant paying the adverse party a sum not exceeding ten dollars, in addition to the costs of the term.
This is discretionary, not mandatory — the judges decide whether to impose the condition at all, and how much within that ten-dollar ceiling to require.
Frequently Asked Questions
Can a court require payment before granting a trial continuance?
Yes. Section 25-1714 lets a court of record condition a postponement on payment to the adverse party.
How much can that condition cost?
Not exceeding ten dollars, in addition to the costs of the term.
Is this payment mandatory or discretionary?
Discretionary — the judges decide whether and how much to impose within the statutory limit.
Does this apply to every type of court?
The text applies to courts of record.
How does this compare to the general continuance-cost rule in section 25-1707?
Section 25-1707 gives courts general discretion over continuance costs, while this section sets a specific dollar ceiling tied to granting a postponement application.
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: postponement condition payment nebraskacontinuance cost ten dollarstrial postponement fee nebraskaapplication for postponement conditioncourt of record delay payment