RulesofCivilProcedure.com Civil Procedure · Every State

§ 25-1805.Award of fees and expenses against state; additional to compensation.

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 states that fees and expenses awarded against the state under sections 25-1802 to 25-1807 come on top of any compensation the judgment already awards, rather than being folded into or offset against it.

Full Text of § 25-1805

Text size

Fees and expenses awarded pursuant to sections 25-1802 to 25-1807 may be ordered in addition to any compensation awarded in a judgment.

Source

Laws 1982, LB 192, § 4.

Plain-English Summary

Section 25-1805 is a short, one-purpose provision. It confirms that fees and expenses awarded under sections 25-1802 to 25-1807 may be ordered in addition to any compensation a party already recovers in the underlying judgment. The two amounts stand apart from each other.

That distinction matters when a court calculates what a losing state entity owes. The prevailing party does not have to choose between compensation on the merits and reimbursement of fees, and the fee award does not reduce or come out of the compensation award. Both can appear in the same judgment as separate line items.

Frequently Asked Questions

Does a fee award reduce the amount of my judgment?

No. Section 25-1805 states that fees and expenses may be ordered in addition to any compensation already awarded in the judgment.

Are fees and compensation combined into one number?

No, they are treated as separate amounts within the same judgment.

Do I have to choose between recovering damages and recovering fees?

No. A prevailing party who qualifies under section 25-1804 can recover both.

Does this section create a new right to fees on its own?

No. It assumes an award has already been made under sections 25-1802 to 25-1807 and clarifies how that award relates to the rest of the judgment.

Does this affect how the award gets paid?

No. Payment mechanics are addressed separately in section 25-1806; this section addresses only the relationship between the fee award and the compensation award.

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: fees in addition to judgment nebraskadoes fee award reduce compensationstacking fee award and damagesnebraska state fee award separate line item