§ 25-1715.Costs on motion; limit; how taxed.
Article 17: Costs · Last amended 2002 · Last verified July 22, 2026
Full Text of § 25-1715
Source
Laws 1875, § 2, p. 63; R.S.1913, § 8174; C.S.1922, § 9125; C.S.1929, § 20-1715; R.S.1943, § 25-1715; Laws 2002, LB 876, § 27.
Plain-English Summary
Section 25-1715 draws a bright line around motion costs. A court can allow costs on a motion, at its discretion, but never more than ten dollars, and once set, that amount is absolute against the party who loses the motion — there is no further discretion about whether the losing party has to pay it.
The cap has one carve-out: it does not apply to verbal motions made during the course of trial. Those routine, on-the-record requests do not carry the same cost consequence as a formal written motion.
Frequently Asked Questions
Is there a cap on the costs a court can tax for a single motion?
Yes, up to ten dollars.
Must the losing party on a motion always pay that cost?
Yes. Once the court allows costs on the motion, they are absolute against the losing party.
Does this cap apply to motions made out loud during trial?
No. The section excludes verbal motions made during the course of the trial.
How does this section relate to section 25-1707’s general discretion?
Section 25-1707 gives courts broad discretion over motion costs generally, while this section sets a firm ten-dollar ceiling and makes the resulting cost mandatory once allowed.
Has the ten-dollar figure been updated for inflation?
The statute’s text sets that fixed dollar amount without indexing it to inflation.