§ 25-2002.District court judgment; proceedings to vacate or modify; summons; waiver of error.

Section 25-2002 supplies the procedural vehicle for the seven grounds listed in subsection (4) of section 25-2001. A party pursuing one of those grounds cannot start with a motion — the proceeding is begun by a complaint, and that complaint has to set forth the judgment or order being challenged, the grounds for vacating or modifying it, and, if the party applying was the defendant in the original action, the defense to that action.

Filing the complaint triggers a summons, issued and served the same way a summons commences an ordinary action. That gives the opposing party the same kind of notice and opportunity to respond as a new lawsuit, reflecting how seriously the section treats a request to undo a final judgment.

One circumstance blocks the summons from issuing at all: a waiver of error already sitting on the court’s minutes or among the case files. When that waiver exists, no summons issues unless the court or a judge endorses permission on the complaint to issue it anyway, giving the court a gatekeeping role over reopening a case where the party or the party’s attorney already waived error.