In all appeals from the district court in suits in equity in which review of some or all of the findings of fact of the district court is asked by the appellant, it shall be the duty of the Court of Appeals or the Supreme Court to retry the issue or issues of fact involved in the finding or findings of fact complained of upon the evidence preserved in the bill of exceptions and, upon trial de novo of such question or questions of fact, reach an independent conclusion as to what finding or findings are required under the pleadings and all the evidence without reference to the conclusion reached in the district court or the fact that there may be some evidence in support thereof.
§ 25-1925.Appeal; suits in equity; trial de novo.
Article 19: Appeals and Proceedings in Error · Last amended 1991 · Last verified July 22, 2026
In one sentenceThis section requires the Court of Appeals or Supreme Court to retry the facts in an equity appeal from scratch on the preserved evidence, reaching its own independent conclusion about what the pleadings and evidence require rather than deferring to the district court’s factual findings.
Full Text of § 25-1925
Source
Laws 1903, c. 125, § 1, p. 631; R.S.1913, § 8198; C.S.1922, § 9150; C.S.1929, § 20-1925; R.S.1943, § 25-1925; Laws 1991, LB 732, § 61.
Plain-English Summary
Equity appeals get a distinctive form of review under section 25-1925. When an appellant asks the appellate court to review some or all of the district court’s factual findings in a suit in equity, the Court of Appeals or Supreme Court has a duty to retry those issues of fact on the evidence preserved in the bill of exceptions.
That retrial is not a search for whether the district court’s findings have some support in the record. The appellate court reaches an independent conclusion about what findings the pleadings and all the evidence require, without deferring to the conclusion the district court reached and without regard to whether some evidence in the record backs that conclusion up. Trial de novo means starting the factual analysis over, not checking the lower court’s work for reasonableness.
Frequently Asked Questions
Does the appellate court defer to the district court’s factual findings in an equity case?
No. Section 25-1925 requires the appellate court to retry the fact issues on the preserved evidence and reach its own independent conclusion.
What evidence does the appellate court use to retry the facts?
The evidence preserved in the bill of exceptions from the district court proceedings.
Does it matter that some evidence supported the district court’s finding?
No. The section states that the appellate court reaches its conclusion without reference to the fact that some evidence may support the district court’s finding.
Does this trial de novo standard apply to every civil appeal?
No. It applies to appeals from suits in equity where the appellant asks for review of the district court’s findings of fact.
What must the appellate court decide during this retrial?
What finding or findings are required under the pleadings and all the evidence, reached independently of the district court’s conclusion.
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: trial de novo equity appeal nebraskaappellate review of facts nebraska equityindependent conclusion appellate court nebraskabill of exceptions equity appealreviewing findings of fact on appeal nebraska