§ 25-1919.Appeal; briefs; rules; plain error.
Article 19: Appeals and Proceedings in Error · Last amended 1991 · Last verified July 22, 2026
Full Text of § 25-1919
Source
Laws 1907, c. 162, § 4, p. 496; R.S.1913, § 8192; C.S.1922, § 9144; C.S.1929, § 20-1919; R.S.1943, § 25-1919; Laws 1991, LB 732, § 57.
Plain-English Summary
Section 25-1919 assigns the Supreme Court the job of writing the briefing rules for every case appealed to the Court of Appeals or the Supreme Court. Those rules, not a separate petition in error or freestanding assignment of errors, govern how a party presents a claim that a judgment, decree, or final order should be reversed, vacated, or modified.
The appellant carries the burden of particularity. The brief has to set out each error the appellant intends to press for reversal, vacation, or modification, and no additional document listing those errors is required beyond what the brief already contains. A brief that buries or omits an error risks losing it, since the rule ties the scope of appellate argument to what the brief itself identifies.
The section leaves one escape hatch for the appellate court itself. The Court of Appeals or Supreme Court may, at its own option, take up a plain error even though the appellant’s brief never mentioned it. That option belongs to the court, not to the parties — a litigant cannot demand that the court reach an unbriefed error, only hope the court exercises the discretion the section allows.
Frequently Asked Questions
Do I need to file a separate petition in error listing my appellate arguments?
No. Section 25-1919 states that no petition in error or other assignment of errors is required beyond what the appellant’s brief itself sets out.
What has to be in the appellant’s brief under this section?
Each error the appellant is asserting and intends to press for reversal, vacation, or modification of the judgment, decree, or final order.
Can the Court of Appeals or Supreme Court raise an issue I did not brief?
Yes, if it counts as plain error. The court may, at its own option, consider a plain error not specified in the appellant’s brief.
Am I entitled to have the court consider an error I forgot to brief?
No. Considering an unbriefed plain error is left to the court’s own option, not a right the appellant can invoke.
Who writes the actual briefing rules that apply to my appeal?
The Supreme Court, which section 25-1919 directs to provide by rule for the filing of briefs in causes appealed to the Court of Appeals or Supreme Court.
Does this section apply to both the Court of Appeals and the Supreme Court?
Yes. It covers causes appealed to either court.