The court may first try and decide upon the grounds to vacate or modify a judgment or order, before trying or deciding upon the validity of the defense or cause of action.
§ 25-2004.District court judgment; grounds for vacation or modification; determination.
Article 20: Vacation or Modification of Judgments and Orders · Not amended since original codification · Last verified July 22, 2026
In one sentenceThis section lets the court decide the grounds for vacating or modifying a judgment first, before it addresses whether the underlying defense or cause of action has merit.
Full Text of § 25-2004
Source
R.S.1867, Code § 605, p. 501; R.S.1913, § 8210; C.S.1922, § 9163; C.S.1929, § 20-2004; R.S.1943, § 25-2004.
Plain-English Summary
Section 25-2004 gives the court a choice about the order in which it works through a complaint to vacate or modify a judgment. The court may try and decide the grounds for vacation or modification first, before trying or deciding the validity of the defense or the cause of action that the complaint also raises.
That sequencing lets a court dispose of a case efficiently. If the grounds for vacating or modifying the judgment fail, there may be no need to reach the merits of the underlying defense or cause of action at all, since section 25-2005 already requires a valid defense or claim before any judgment can be vacated.
Frequently Asked Questions
Does the court have to decide the merits of my defense before ruling on whether to vacate the judgment?
No. Section 25-2004 lets the court first try and decide the grounds to vacate or modify the judgment before addressing the validity of the defense or cause of action.
Why would a court want to decide the grounds first?
If the grounds for vacating or modifying the judgment fail, the court may not need to reach the merits of the underlying defense or claim at all.
Is this sequencing mandatory?
The section states the court “may” try the grounds first, framing it as an available approach rather than a fixed requirement.
How does this section relate to section 25-2005?
Section 25-2005 requires a valid defense or cause of action before a judgment can be vacated; section 25-2004 lets the court address the threshold grounds question before reaching that requirement.
Does this section apply outside the complaint procedure in section 25-2002?
It addresses the order of proceedings in a case brought to vacate or modify a judgment or order, the type of case section 25-2002 describes.
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: order of proof vacate judgment nebraskagrounds decided before defense nebraskabifurcated hearing vacate judgmentsequencing vacation of judgment proceeding