Whenever the court shall direct a remittitur in any action, and the same is made, and the party for whose benefit it is made shall appeal said action, then the party remitting shall not be barred from maintaining that the remittitur should not have been required either in whole or in part.
§ 25-1929.Appeal; remittitur; effect.
Article 19: Appeals and Proceedings in Error · Last amended 1915 · Last verified July 22, 2026
In one sentenceThis section preserves a party’s right to challenge a court-ordered remittitur on appeal even after complying with it, so agreeing to reduce a verdict does not forfeit the argument that the reduction should not have been required.
Full Text of § 25-1929
Source
Laws 1915, c. 247, § 1, p. 567; C.S.1922, § 9154; C.S.1929, § 20-1929; R.S.1943, § 25-1929.
Plain-English Summary
A remittitur puts a party in an awkward spot: comply with the court’s demand to give up part of a verdict, or risk losing the whole judgment by refusing. Section 25-1929 makes sure that choosing to comply does not cost the party its appellate rights.
Whenever a court directs a remittitur and the party for whose benefit it is made complies and then appeals, that party is not barred from arguing that the remittitur should not have been required, whether in whole or in part. Complying with the remittitur to keep the judgment intact does not waive the argument that the reduction was wrong to begin with.
Frequently Asked Questions
If I agree to a remittitur, can I still challenge it on appeal?
Yes. Section 25-1929 states that a party who complies with a remittitur and then appeals is not barred from arguing the remittitur should not have been required.
Can I challenge only part of the remittitur, or does it have to be all or nothing?
The section allows the argument that the remittitur should not have been required either in whole or in part.
Does complying with a remittitur waive my right to appeal it?
No. The section preserves that argument for the party who made the remittitur and then appeals.
Who can raise this argument on appeal?
The party for whose benefit the remittitur was made, if that party appeals the action.
Does this section apply if I refuse to comply with the remittitur?
The section addresses the situation where the remittitur is made, meaning the party complied; a related final-order rule for remittitur appeals appears in section 25-1936.
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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