§ 25-1803.Award of fees and expenses against state; when authorized.
Article 18: Small-Amount Claims, Attorney’s Fees, and Costs Against the State · Last amended 1982 · Last verified July 22, 2026
In one sentenceThis section requires a Nebraska court to award fees and expenses to the party that prevails against the state in a civil action or an Administrative Procedure Act review, unless the state’s position was substantially justified or the court finds reason to reduce or deny the award.
Full Text of § 25-1803
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(1) Unless otherwise provided by law, the court having jurisdiction over a civil action brought by the state or an action for judicial review brought against the state pursuant to the Administrative Procedure Act shall award fees and other expenses to the prevailing party unless the prevailing party is the state, except that the court shall not award fees and expenses if it finds that the position of the state was substantially justified.
(2) The court, in its discretion, may reduce the amount to be awarded pursuant to this section, or deny an award, to the extent that the prevailing party, during the course of the proceedings engaged in conduct which unduly and unreasonably protracted the final resolution of the matter in controversy or when an overriding public interest exists which would make an award unjust.
Source
Laws 1982, LB 192, § 2.
Cross References
Administrative Procedure Act, see section 84-920.
Plain-English Summary
Section 25-1803 sets the baseline rule for recovering fees from the government. A court with jurisdiction over a civil action the state brings, or over an action for judicial review brought against the state under the Administrative Procedure Act, must award fees and other expenses to the prevailing party whenever that party is not the state itself. The one built-in defense belongs to the state: if the court finds that the state’s position was substantially justified, no award follows even though the other side won.
The court also keeps some room to adjust the outcome. It may reduce the amount awarded, or deny an award outright, if the prevailing party dragged the proceedings out — engaging in conduct that unduly and unreasonably protracted the final resolution of the dispute — or if an overriding public interest exists that would make an award unjust. Those two grounds give the court a way to withhold or trim a fee award even from a party who otherwise qualifies.
Frequently Asked Questions
Who can recover fees from the state under this section?
The party that prevails in a civil action the state brought, or in a judicial review action brought against the state under the Administrative Procedure Act, provided the prevailing party is not the state.
Can the state avoid paying fees even after losing?
Yes, if the court finds the state’s position was substantially justified. In that case, the court does not award fees and expenses despite the outcome.
Can a court reduce or deny an award to a party who won?
Yes. The court may reduce or deny an award if the prevailing party unduly and unreasonably protracted the proceedings, or if an overriding public interest would make the award unjust.
Does this section cover every lawsuit involving the state?
It covers civil actions the state brings and actions for judicial review brought against the state under the Administrative Procedure Act. Section 25-1804 further limits who is eligible to collect an award.
Is the fee award automatic once a party prevails?
Not entirely automatic — it depends on the state’s justification for its position and on the court’s discretion regarding the two reduction or denial grounds described above.
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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