The claimant shall, in all cases, file a complaint setting forth (1) the facts out of which the claim originally arose; (2) the action of the Legislature, or of any department of the government thereon, if any such has been had; (3) what person or persons is the owner or are the owners thereof, or in anywise interested therein; (4) that no assignment or transfer of the same, or any part thereof, or interest therein, has been made, except as stated in the complaint; and (5) that the claimant is justly entitled to the amount claimed therein from the state after allowance of all just credits and setoffs.
§ 25-21,202.Actions against state; complaint; contents.
Article 21: Special Proceedings and Actions · Last amended 2002 · Last verified July 22, 2026
In one sentenceThis section spells out what a complaint against the State of Nebraska must state: the facts behind the claim, any prior action taken on it, who owns the claim, that it has not been assigned except as disclosed, and that the claimant is justly owed the amount sought after crediting any setoffs.
Full Text of § 25-21,202
Source
Laws 1877, § 2, p. 20; R.S.1913, § 1178; C.S.1922, § 1101; C.S.1929, § 27-320; R.S.1943, § 24-320; R.S.1943, (1985), § 24-320; Laws 2002, LB 876, § 50.
Plain-English Summary
Section 25-21,202 sets the pleading standard for a claimant suing the state under this framework. The complaint has to lay out the facts giving rise to the claim, describe whatever action the Legislature or a state department has already taken on it, identify who owns or holds an interest in the claim, and disclose any assignment or transfer of it — or state that none occurred. It closes with a required statement that the claimant is justly entitled to the amount sought once the state’s just credits and setoffs are applied.
These five elements do more than list facts; they protect the state from paying twice or paying someone without a legitimate interest in the claim. Requiring disclosure of assignments and a statement about credits and setoffs lets the court and the state’s counsel see the full picture of who stands to collect and how much money is owed before any judgment is entered.
Frequently Asked Questions
What five things must a complaint against the State of Nebraska include?
The facts behind the claim, any prior legislative or departmental action on it, who owns the claim, disclosure of any assignment or transfer, and a statement that the claimant is justly entitled to the amount after crediting setoffs.
Do I have to disclose it if I sold or assigned part of my claim to someone else?
Yes. The complaint must state that no assignment or transfer has occurred, except as specifically disclosed in the complaint.
What if the Legislature already looked at my claim before I filed in court?
The complaint must describe whatever action the Legislature, or any department of the government, has already taken on the claim.
Does the complaint need to account for money the state might already be owed?
Yes. It must state that the claimant is justly entitled to the amount claimed after allowance of all just credits and setoffs.
Does this pleading requirement apply to every category of claim listed in section 25-21,201?
The section applies broadly to claimants filing under this framework; particular categories, such as bond and lien disputes, layer additional venue and procedural rules on top of it.
Who has to file this complaint?
The claimant — the party asserting the claim against the state.
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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