Article 2: Limitation of Actions · Last amended 2000 · Last verified July 22, 2026
In one sentenceThis section lets a plaintiff whose earlier suit failed for reasons other than a merits ruling, a voluntary dismissal, late service under section 25-217, or other plaintiff inaction refile within six months of the failure or the original limitations period, whichever is shorter, even after the statute of limitations has otherwise run.
Full Text of § 25-201.01
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(1) If an action is commenced within the time prescribed by the applicable statute of limitations but the plaintiff fails in the action for a reason other than a reason specified in subsection (2) of this section and the applicable statute of limitations would prevent the plaintiff from commencing a new action, the plaintiff, or his or her representatives if the plaintiff has died and the cause of action survived, may commence a new action within the period specified in subsection (3) of this section.
(2) A new action may not be commenced in accordance with subsection (1) of this section when the original action failed (a) on the merits of the action, (b) as a result of voluntary dismissal by the plaintiff for a reason other than loss of diversity jurisdiction in a federal court, (c) as a result of the plaintiff's failure to serve a defendant within the time prescribed in section 25-217, or (d) as a result of any other inaction on the part of the plaintiff where the burden of initiating an action was on the plaintiff.
(3) A new action may be commenced in accordance with subsection (1) of this section within a period equal to the lesser of (a) six months after the failure of the action or (b) a period after the failure of the action equal to the period of the applicable statute of limitations of the original action.
Source
Laws 2000, LB 55, § 1.
Plain-English Summary
A savings clause exists for a narrow but real problem: a plaintiff sues in time, the case falls apart for a reason that has nothing to do with the merits, and by the time that happens the statute of limitations has already run on a fresh filing. Section 25-201.01 lets that plaintiff commence a new action anyway, within a limited window, so a technical failure doesn’t become a permanent bar.
The clause has real limits. It doesn’t help a plaintiff whose case failed on the merits, who voluntarily dismissed the original action (unless the reason was losing diversity jurisdiction in federal court), who failed to serve a defendant within the time section 25-217 allows, or whose case failed because of some other inaction the plaintiff was responsible for. Those situations are the plaintiff’s own doing, and the clause doesn’t rescue them.
Where it does apply, the new action has to come within a period equal to the lesser of six months after the original action failed, or a period equal to the full original statute of limitations. In practice, that usually means six months, since most limitations periods run longer than that. The right passes to a plaintiff’s representatives if the plaintiff has died and the claim survived.
Frequently Asked Questions
What is a savings clause and why does Nebraska have one?
It lets a plaintiff refile a case that failed for a reason unrelated to the merits, even after the normal statute of limitations has expired, so a procedural misstep outside the merits doesn’t permanently close the courthouse door.
Can I use section 25-201.01 if my case was dismissed on the merits?
No. The savings clause specifically excludes actions that failed on the merits of the case.
What if I voluntarily dismissed my own lawsuit?
The savings clause generally doesn’t apply to a voluntary dismissal by the plaintiff. The one exception is a voluntary dismissal caused by losing diversity jurisdiction in federal court.
How long do I have to refile under this section?
Whichever is shorter: six months after the original action failed, or a period equal to the full statute of limitations that applied to the original action.
Does this section help me if I never served the defendant in time?
No. Section 25-201.01 specifically excludes failures caused by not serving a defendant within the time section 25-217 requires.
What happens if the plaintiff dies before refiling?
If the cause of action survived the plaintiff’s death, the plaintiff’s representatives may commence the new action within the same window the plaintiff would have had.
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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