A judgment shall not be vacated on motion or complaint, until it is adjudged that there is a valid defense to the action in which the judgment is rendered, or, if the plaintiff seeks its vacation, that there is a valid cause of action; and when a judgment is modified, all liens and securities obtained under it shall be preserved to the modified judgment.
§ 25-2005.District court judgment; vacation; existence of valid claim or defense a prerequisite; preservation of liens upon modification.
Article 20: Vacation or Modification of Judgments and Orders · Last amended 2002 · Last verified July 22, 2026
In one sentenceThis section requires proof of a valid defense before a judgment can be vacated on a defendant’s motion, or a valid cause of action before it can be vacated on a plaintiff’s request, and it preserves existing liens and securities when a judgment is modified rather than vacated outright.
Full Text of § 25-2005
Source
R.S.1867, Code § 606, p. 501; R.S.1913, § 8211; C.S.1922, § 9164; C.S.1929, § 20-2005; R.S.1943, § 25-2005; Laws 2002, LB 876, § 29.
Plain-English Summary
Section 25-2005 sets a substantive precondition on top of the procedural grounds in sections 25-2001 and 25-2002. A judgment cannot be vacated on motion or complaint until the court adjudges that there is a valid defense to the action in which the judgment was rendered — or, if the plaintiff is the one seeking vacation, that there is a valid cause of action.
The point is to keep a court from unwinding a final judgment for someone with nothing to gain from a second chance. A party who satisfies the grounds under section 25-2001 but cannot show an underlying defense or claim worth pursuing does not get the judgment vacated.
The section also protects third parties who relied on the judgment as it stood. When a judgment is modified rather than vacated outright, all liens and securities obtained under the original judgment carry over and stay preserved against the modified judgment, so modification does not wipe out interests that attached while the original judgment was in force.
Frequently Asked Questions
Is proving the grounds under section 25-2001 enough to get a judgment vacated?
No. Section 25-2005 also requires the court to adjudge that there is a valid defense to the action, or, if the plaintiff seeks vacation, a valid cause of action.
What happens to liens obtained under a judgment that later gets modified?
They are preserved. Section 25-2005 states that when a judgment is modified, all liens and securities obtained under it stay preserved to the modified judgment.
Why does the section require a showing of a valid defense or cause of action?
It keeps a court from vacating a final judgment for a party who has no genuine defense or claim to pursue once the judgment is set aside.
Does this requirement apply whether the defendant or the plaintiff is seeking vacation?
Yes, though the showing differs: a defendant must show a valid defense, and a plaintiff must show a valid cause of action.
Does modifying a judgment wipe out liens that attached under the original judgment?
No. The section preserves those liens and securities to the modified judgment.
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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