§ 25-1931.Time for commencement; persons under disability.
Article 19: Appeals and Proceedings in Error · Last amended 2000 · Last verified July 22, 2026
Full Text of § 25-1931
Source
R.S.1867, Code § 592, p. 498; Laws 1875, § 1, p. 40; Laws 1877, § 1, p. 14; Laws 1899, c. 85, § 1, p. 341; Laws 1901, c. 82, § 1, p. 475; R.S.1913, § 8203; C.S.1922, § 9156; Laws 1925, c. 69, § 1, p. 229; C.S.1929, § 20-1931; R.S.1943, § 25-1931; Laws 1949, c. 57, § 1, p. 168; Laws 1987, LB 33, § 3; Laws 1999, LB 43, § 12; Laws 2000, LB 921, § 16.
Plain-English Summary
Section 25-1931 puts a clock on the petition-in-error procedure that section 25-1901 authorizes. Proceedings under that section for reversing, vacating, or modifying a judgment or final order have to begin within thirty days after the judgment is rendered or the final order is made.
Three categories of people get more time. A person entitled to bring such proceedings who is an infant, mentally incompetent, or imprisoned has one year to commence the proceedings, and that year excludes whatever time the person spent under the disability. The extension protects people who could not reasonably act within the standard thirty days because of their status, without giving them an open-ended deadline.
Frequently Asked Questions
How long do I have to start a proceeding to reverse, vacate, or modify a judgment under section 25-1901?
Thirty days after the judgment is rendered or the final order is made.
Is there a longer deadline for someone who is a minor or incompetent?
Yes. Section 25-1931 gives an infant, a mentally incompetent person, or an imprisoned person one year, excluding the time of the disability, to commence the proceedings.
Does this deadline apply to an ordinary appeal from a district court judgment?
What does “exclusive of the time of his or her disability” mean?
The one-year period does not run, or is paused, for as long as the person remains an infant, mentally incompetent, or imprisoned.
Does the deadline extension apply automatically, or does someone have to prove the disability?
The extension depends on the person’s status as an infant, mentally incompetent person, or imprisoned person at the time the right to bring proceedings arose.