A mistake, neglect or omission of the clerk shall not be a ground of error, until the same has been presented and acted upon in the court in which the mistake, neglect or omission occurred.
§ 25-1928.Appeal; mistake of clerk; effect; procedure.
Article 19: Appeals and Proceedings in Error · Not amended since original codification · Last verified July 22, 2026
In one sentenceThis section shields a district court judgment from being reversed for a clerical mistake, neglect, or omission by the clerk unless the error was first raised and ruled on in the court where it happened.
Full Text of § 25-1928
Source
R.S.1867, Code § 597, p. 500; R.S.1913, § 8201; C.S.1922, § 9153; C.S.1929, § 20-1928; R.S.1943, § 25-1928.
Plain-English Summary
Section 25-1928 keeps clerical mishaps from becoming grounds for appellate reversal before the trial court has a chance to fix them. A mistake, neglect, or omission of the clerk is not treated as a ground of error until it has been presented to, and acted upon by, the court in which the mistake, neglect, or omission occurred.
The section channels these problems to the source. Rather than raising a clerk’s error for the first time on appeal, a party has to bring it to the attention of the court where it happened and let that court rule on it first. Only after that step has the issue been preserved in a way the section recognizes.
Frequently Asked Questions
Can I raise a clerk’s mistake for the first time on appeal?
No. Section 25-1928 requires that the mistake, neglect, or omission first be presented to and acted upon by the court where it occurred.
What kinds of errors does this section cover?
A mistake, neglect, or omission of the clerk, as opposed to a substantive ruling by the judge.
Why does the section require raising the issue in the trial court first?
It gives the court where the error happened the chance to correct it before it becomes a basis for reversing the judgment on appeal.
What happens if I never raised the clerk’s error in the trial court?
The mistake, neglect, or omission is not treated as a ground of error, since it was never presented to and acted upon by the court in which it occurred.
Does this section apply to errors made by the judge?
The text addresses mistakes, neglect, or omissions of the clerk specifically, not judicial rulings.
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: clerk mistake ground for reversal nebraskapreserving clerical error for appealraise error in trial court first nebraskaclerk neglect or omission nebraska statute