In the event a rehearing of any such cause or proceeding is allowed by the Court of Appeals or Supreme Court or if for any other reason the appellate court needs or desires the use of such original bill or bills of exceptions or testimony in equity and law cases, it may order the return of the same to it, and it shall be the duty of the clerk of the court in whose custody the same may be to transmit the same to the Clerk of the Supreme Court upon being personally served with a copy of such order of the appellate court, duly certified under the seal of the appellate court. The expense of the transmittal of such bills and testimony and the costs made in recording, certifying, and serving such order shall be taxed to the unsuccessful party to such suit or proceeding unless the appellate court orders otherwise. The party at whose instance such expense of transmittal is to be made shall advance the same to the clerk if required by him or her. Service of the certified copy of the order may be made by any person. If done by the sheriff of any county, his or her official return shall be sufficient evidence of the fact of service. If by any other person, the service shall be sufficiently proved by his or her affidavit to the fact.
§ 25-1924.Appeal; original bill of exceptions; return to appellate court if rehearing allowed.
Article 19: Appeals and Proceedings in Error · Last amended 1991 · Last verified July 22, 2026
In one sentenceThis section lets an appellate court recall the original bill of exceptions from the court below if a rehearing is granted or the record is otherwise needed, and it assigns the expense of that transmittal and related service to the losing party unless the appellate court orders otherwise.
Full Text of § 25-1924
Source
Laws 1885, c. 96, § 4, p. 379; R.S.1913, § 8197; C.S.1922, § 9149; C.S.1929, § 20-1924; R.S.1943, § 25-1924; Laws 1991, LB 732, § 60.
Plain-English Summary
Section 25-1923 sends the original bill of exceptions back to the district court once a case is finally decided. Section 25-1924 covers what happens if the appellate court needs it again — most often when a rehearing is allowed, but also for any other reason the Court of Appeals or Supreme Court wants the original bill or testimony back. The appellate court can order its return, and the clerk holding it must transmit it to the Clerk of the Supreme Court once served with a certified copy of that order.
Costs follow the outcome. The expense of transmitting the bill and testimony, along with the costs of recording, certifying, and serving the order, are taxed against the unsuccessful party, unless the appellate court directs otherwise. Whichever party benefits from that expense being incurred has to advance it to the clerk if the clerk asks.
The section also covers who can serve the certified copy of the recall order. Any person may serve it. If a sheriff makes the service, the sheriff’s own official return is enough proof; if anyone else serves it, that person’s affidavit has to establish the fact of service.
Frequently Asked Questions
Can the appellate court get the bill of exceptions back after sending it to the district court?
Yes, if a rehearing is allowed or the appellate court otherwise needs the original bill or testimony, it may order the return of the same.
Who pays for sending the bill of exceptions back to the appellate court?
The unsuccessful party to the suit or proceeding, taxed with the expense of transmittal along with recording, certifying, and serving costs, unless the appellate court orders otherwise.
Who has to serve the certified copy of the order recalling the record?
Any person may serve it. A sheriff’s official return proves service; anyone else’s service has to be proved by that person’s affidavit.
Can the party benefiting from the transmittal be asked to pay the expense upfront?
Yes. The clerk can require the party at whose instance the expense is incurred to advance it.
Does this section apply only to rehearings?
No. It also covers any other reason the appellate court needs the original bill of exceptions or testimony in equity and law cases.
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: recalling bill of exceptions nebraskarehearing return of record nebraskacost of transmitting bill of exceptionsserving order to return record nebraskaappellate court recalls original record