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§ 25-1936.Order of remittitur deemed a final order.

Article 19: Appeals and Proceedings in Error · Last amended 1991 · Last verified July 22, 2026

In one sentenceThis section makes a district court’s order of remittitur in a law-action money verdict a final, independently appealable order, without disturbing whatever rights a party retains on appeal under section 25-1929.

Full Text of § 25-1936

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Whenever in any action at law in the district court a verdict of the jury has been returned for the recovery of money and the court orders a remittitur by the prevailing party of a part of the amount of such verdict, either as a condition to allowing the verdict so reduced to stand or otherwise, such order of remittitur shall be deemed a final order from which such party may prosecute an appeal to the Court of Appeals. The provisions of this section shall not in any manner affect the rights of parties on appeal as provided for in section 25-1929.

Source

Laws 1937, c. 45, § 1, p. 190; C.S.Supp.,1941, § 20-1936; R.S.1943, § 25-1936; Laws 1991, LB 732, § 65.

Plain-English Summary

Section 25-1936 answers a specific question about remittitur orders: are they final enough to appeal on their own? In an action at law in the district court, when a jury returns a verdict for the recovery of money and the court orders the prevailing party to remit part of that verdict — whether as a condition of letting the reduced verdict stand or for some other reason — that order of remittitur counts as a final order.

Being a final order means the party affected may prosecute an appeal from it to the Court of Appeals, rather than having to wait for some later judgment to become appealable. The section takes care to preserve what came before it: nothing here changes the rights parties have on appeal under section 25-1929, which lets a party who complies with a remittitur still argue on appeal that the remittitur should not have been required.

Frequently Asked Questions

Is a remittitur order something I can appeal right away?

Yes. Section 25-1936 deems an order of remittitur in a law action involving a jury money verdict a final order, from which the affected party may appeal to the Court of Appeals.

Does this section apply to equity cases?

No. It addresses “action at law” cases involving a jury verdict for the recovery of money.

If I comply with the remittitur, can I still argue on appeal that it should not have been ordered?

Yes. Section 25-1936 states that it does not affect the rights preserved by section 25-1929 for a party who remits and then appeals.

What triggers this final-order treatment?

A district court order directing the prevailing party to remit part of a jury’s money verdict, whether as a condition of letting the reduced verdict stand or otherwise.

Which court hears the appeal from a remittitur order under this section?

The Court of Appeals.

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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