When the Legislature enacts a law providing for an appeal without providing the procedure therefor, the procedure for appeal to the district court shall be the same as for appeals from the county court to the district court in civil actions. Trial in the district court shall be de novo upon the issues made up by the pleadings in the district court. Appeals from the district court to the Court of Appeals shall be taken in the same manner provided by law for appeals from the district court in civil cases. This section shall not apply if the Administrative Procedure Act otherwise provides.
§ 25-1937.Appeals; general procedure.
Article 19: Appeals and Proceedings in Error · Last amended 1991 · Last verified July 22, 2026
In one sentenceThis section supplies a default appeal procedure whenever the Legislature creates a right to appeal without specifying how, borrowing the county-court-to-district-court civil appeal process and trial de novo, unless the Administrative Procedure Act governs instead.
Full Text of § 25-1937
Source
Laws 1963, c. 138, § 1, p. 515; Laws 1988, LB 352, § 26; Laws 1991, LB 732, § 66.
Cross References
Administrative Procedure Act, see section 84-920.
Plain-English Summary
Section 25-1937 fills a gap the Legislature sometimes leaves open. When a statute provides for an appeal but does not spell out the procedure for taking it, this section supplies the missing steps by cross-reference: the procedure for appealing to the district court follows the same procedure used for appeals from the county court to the district court in civil actions.
Once the case reaches the district court under that borrowed procedure, the trial there is de novo, meaning the district court tries the issues fresh, based on the pleadings made up in the district court rather than reviewing what happened below. From there, an appeal from the district court to the Court of Appeals follows the same procedure used for appeals from the district court in ordinary civil cases.
The section carries one important limit: it steps aside whenever the Administrative Procedure Act provides its own procedure for the appeal in question. Where that Act applies, its provisions control instead of this catch-all borrowing scheme.
Frequently Asked Questions
What happens if a Nebraska statute gives a right to appeal but does not say how to do it?
Section 25-1937 supplies the missing procedure by directing that the appeal to the district court follow the same procedure as an appeal from the county court to the district court in civil actions.
Is the trial in the district court a fresh trial or a review of the record below?
A fresh trial. Section 25-1937 makes the district court trial de novo upon the issues made up by the pleadings in the district court.
How does an appeal from that district court proceeding reach the Court of Appeals?
In the same manner provided by law for appeals from the district court in ordinary civil cases.
Does this section apply if the Administrative Procedure Act already covers the appeal?
No. Section 25-1937 states it does not apply if the Administrative Procedure Act otherwise provides.
Is this section itself a complete appeal procedure, or does it borrow from elsewhere?
It borrows. It points to the existing county-court-to-district-court civil appeal procedure rather than creating an independent set of steps.
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: default appeal procedure nebraska statuteappeal without specified procedure nebraskatrial de novo district court nebraskaadministrative procedure act appeal exceptioncounty court to district court appeal nebraska