The court in which such action may be brought shall hear and determine the matter upon the testimony according to justice, as upon the amicable settlement of a controversy, and shall render award and judgment against the claimant, or the state, as upon the testimony justice may require.
§ 25-21,204.Actions against state; judgment.
Article 21: Special Proceedings and Actions · Last amended 1877 · Last verified July 22, 2026
In one sentenceThis section directs the court hearing a claim against the state to weigh the testimony as it would in an amicable settlement of a dispute between private parties and enter judgment for the claimant or the state according to what that testimony shows justice requires.
Full Text of § 25-21,204
Source
Laws 1877, § 4, p. 20; R.S.1913, § 1180; C.S.1922, § 1103; C.S.1929, § 27-322; R.S.1943, § 24-322; R.S.1943, (1985), § 24-322.
Plain-English Summary
Section 25-21,204 tells the court how to decide a case against the state once it reaches trial. The court hears and determines the matter on the testimony presented, guided by the same sense of fairness it would bring to the amicable settlement of an ordinary dispute between private parties — not by any presumption favoring the state or the claimant.
The judgment can run either way. Based on what the testimony shows justice requires, the court renders an award and judgment against the claimant or against the state. The section does not tilt the scale in advance; it commits the outcome to the evidence and the court’s judgment about what a fair resolution looks like.
Frequently Asked Questions
Does this section favor the state or the claimant when a case goes to trial?
Neither. It directs the court to decide based on the testimony and what justice requires, treating the dispute much like the amicable settlement of a controversy between private parties.
Can the court enter judgment against the state?
Yes. The section allows the court to render judgment against the claimant or against the state, depending on what the evidence shows.
What standard does the court use to weigh the evidence?
The same standard it would use in the amicable settlement of a dispute — a fair-minded look at the testimony instead of a rigid, one-sided rule.
Does this section set out separate rules for different kinds of claims against the state?
No. It states a general standard for hearing and deciding the case, once a claim reaches trial under this framework.
What happens after the court renders judgment under this section?
Later sections in the framework address certifying and paying a judgment against the state, and collecting a judgment against a claimant.
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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