§ 25-1912.Appeal; civil and criminal actions; procedure; notice of appeal; docketing fee; filing of transcript.
Article 19: Appeals and Proceedings in Error · Last amended 2018 · Last verified July 22, 2026
In one sentenceThis section sets the core appeal procedure for Nebraska civil and criminal judgments: a thirty-day deadline to file a notice of intention to appeal and deposit the docket fee with the district court clerk, tolling rules for certain post-trial motions, and the clerk’s duties once the appeal is perfected.
Full Text of § 25-1912
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(1) The proceedings to obtain a reversal, vacation, or modification of judgments and decrees rendered or final orders made by the district court, including judgments and sentences upon convictions for felonies and
misdemeanors, shall be by filing in the office of the clerk of the district court in which such judgment, decree, or final order was rendered, within thirty days after the entry of such judgment, decree, or final order, a notice of intention to prosecute such appeal signed by the appellant or appellants or his, her, or their attorney of record and, except as otherwise provided in sections 25-2301 to 25-2310 and 29-2306 and subsection (4) of section 48-638, by depositing with the clerk of the district court the docket fee required by section 33-103.
(2) A notice of appeal or docket fee filed or deposited after the announcement of a decision or final order but before the entry of the judgment, decree, or final order shall be treated as filed or deposited after the entry of the judgment, decree, or final order and on the date of entry.
(3) The running of the time for filing a notice of appeal shall be terminated as to all parties (a) by a timely motion for a new trial under section 25-1144.01, (b) by a timely motion to alter or amend a judgment under section 25-1329, or (c) by a timely motion to set aside the verdict or judgment under section 25-1315.02, and the full time for appeal fixed in subsection (1) of this section commences to run from the entry of the order ruling upon the motion filed pursuant to subdivision (a), (b), or (c) of this subsection. When any motion terminating the time for filing a notice of appeal is timely filed by any party, a notice of appeal filed before the court announces its decision upon the terminating motion shall have no effect, whether filed before or after the timely filing of the terminating motion. A new notice of appeal shall be filed within the prescribed time after the entry of the order ruling on the motion. No additional fees are required for such filing. A notice of appeal filed after the court announces its decision or order on the terminating motion but before the entry of the order is treated as filed on the date of and after the entry of the order.
(4) Except as otherwise provided in subsection (3) of this section, sections 25-2301 to 25-2310 and 29-2306, and subsection (4) of section 48-638, an appeal shall be deemed perfected and the appellate court shall have jurisdiction of the cause when such notice of appeal has been filed and such docket fee deposited in the office of the clerk of the district court. After being perfected no appeal shall be dismissed without notice, and no step other than the filing of such notice of appeal and the depositing of such docket fee shall be deemed jurisdictional.
(5) The clerk of the district court shall forward such docket fee and a certified copy of such notice of appeal to the Clerk of the Supreme Court, and the Clerk of the Supreme Court shall file such appeal.
(6) Within thirty days after the date of filing of notice of appeal, the clerk of the district court shall prepare and file with the Clerk of the Supreme Court a transcript certified as a true copy of the proceedings contained therein. The Supreme Court shall, by rule, specify the method of ordering the transcript and the form and
content of the transcript. Neither the form nor substance of such transcript shall affect the jurisdiction of the Court of Appeals or Supreme Court.
(7) Nothing in this section shall prevent any person from giving supersedeas bond in the district court in the time and manner provided in section 25-1916 nor affect the right of a defendant in a criminal case to be admitted to bail pending the review of such case in the Court of Appeals or Supreme Court.
Section 25-1912 is the working mechanism behind the appellate authority section 25-1911 describes. To obtain reversal, vacation, or modification of a district court judgment, decree, or final order — including felony and misdemeanor convictions and sentences — the appellant files, within thirty days after entry of the judgment, decree, or order, a notice of intention to prosecute the appeal, signed by the appellant or the appellant’s attorney of record, and deposits the docket fee required by section 33-103 with the clerk of the district court. A notice or fee filed after the court announces its decision but before entry of the judgment is treated as filed on the date of entry.
Certain post-trial motions pause that thirty-day clock for every party: a timely motion for new trial under section 25-1144.01, a timely motion to alter or amend a judgment under section 25-1329, or a timely motion to set aside a verdict or judgment under section 25-1315.02. When one of those motions is filed, the full appeal period starts over from entry of the order ruling on it, a notice of appeal filed before that ruling has no effect regardless of when it was filed relative to the motion, and a new notice must be filed within the prescribed time after the ruling, at no extra cost. A notice filed after the court announces its ruling on the motion but before the order is entered is treated as filed on the date of entry.
Once the notice of appeal is filed and the docket fee deposited, the appeal is deemed perfected and the appellate court acquires jurisdiction; after that point, no appeal may be dismissed without notice, and no other step is jurisdictional. The district court clerk then forwards the docket fee and a certified copy of the notice of appeal to the Clerk of the Supreme Court, who files the appeal, and within thirty days of the notice being filed, prepares and files a certified transcript of the proceedings with the Clerk of the Supreme Court — though defects in the transcript’s form or substance do not themselves affect the appellate court’s jurisdiction. Filing a notice of appeal does not prevent a party from also seeking a supersedeas bond under section 25-1916, or, in a criminal case, from seeking bail pending review.
Frequently Asked Questions
What is the basic deadline to appeal a district court judgment?
Thirty days after entry of the judgment, decree, or final order, by filing a notice of intention to appeal and depositing the docket fee with the district court clerk.
What happens if I file a motion for a new trial first?
A timely motion for new trial, along with certain motions to alter, amend, or set aside a judgment or verdict, pauses the appeal clock. The full thirty days runs again starting from entry of the order that rules on the motion.
Does filing a notice of appeal before the court rules on my post-trial motion count?
No. A notice of appeal filed before the court’s ruling on a terminating motion has no effect, whether it was filed before or after the motion itself.
What makes an appeal “perfected” under this section?
Filing the notice of appeal and depositing the docket fee with the district court clerk. Once both happen, the appellate court has jurisdiction, and no other step is treated as jurisdictional.
Does a defective transcript threaten my appeal?
No. The section states that neither the form nor the substance of the transcript affects the jurisdiction of the Court of Appeals or Supreme Court.
Does this section apply to criminal cases as well as civil ones?
Yes. It covers judgments, decrees, and final orders in civil cases, along with judgments and sentences on felony and misdemeanor convictions.
Can I still seek a supersedeas bond or bail after filing a notice of appeal?
Yes. The section preserves the right to seek a supersedeas bond under section 25-1916, and, in a criminal case, to seek bail pending review.
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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