RulesofCivilProcedure.com Civil Procedure · Every State

§ 25-21,211.Judgment against state; certify to Director of Administrative Services; payment; insufficient funds.

Article 21: Special Proceedings and Actions · Last amended 2004 · Last verified July 22, 2026

In one sentenceThis section requires a court to certify any judgment against the state to the Director of Administrative Services for payment from the applicable appropriation, and lets that Director stay the judgment until the Legislature’s next regular session ends if current funds cannot cover it without great public inconvenience, with interest running during the stay.

Full Text of § 25-21,211

Text size

The court by which any judgment is rendered against the state shall certify such judgment to the Director of Administrative Services, who shall pay the same from any special fund or appropriation applicable to such judgment, and if no special fund or appropriation has been provided or made, then from any appropriations made to the department or institution, relating to which the cause of action arose. A certificate of the Director of Administrative Services, or of the chief officer of such department or institution, that the current appropriations will not permit payment of such judgment without great public inconvenience, shall operate as a stay of such judgment until the adjournment of the next regular session of the Legislature. When such stay is claimed or taken, interest shall run on such judgment from the date on which the court certified the judgment to the Director of Administrative Services at the rate set in section 45-103.

Source

Laws 1877, § 12, p. 22; R.S.1913, § 1188; C.S.1922, § 1110; C.S.1929, § 27-329; R.S.1943, § 24-329; Laws 1979, LB 3, § 1; R.S.1943, (1985), § 24-329; Laws 2004, LB 692, § 1.

Plain-English Summary

Section 25-21,211 addresses what happens after a court enters judgment against the state: someone has to pay it, and this section says how. The court certifies the judgment to the Director of Administrative Services, who pays it from any special fund or appropriation that applies to that judgment. If no special fund or appropriation exists, payment comes from whatever appropriations were made to the department or institution connected to the claim.

The Director, or the chief officer of the relevant department or institution, can slow that process down with a certificate stating that current appropriations will not cover the judgment without great public inconvenience. That certificate stays the judgment until the Legislature’s next regular session adjourns, giving the Legislature a chance to appropriate the money. The claimant is not left uncompensated for the delay: while the stay is in effect, interest runs on the judgment, at the rate set in section 45-103, from the date the court certified the judgment to the Director.

Frequently Asked Questions

Who pays a judgment entered against the State of Nebraska?

The Director of Administrative Services, after the court certifies the judgment, paying from any applicable special fund or appropriation, or from the appropriations of the relevant department or institution if no special fund exists.

What happens if the state does not have enough money appropriated to pay the judgment right away?

The Director, or the chief officer of the relevant department or institution, can certify that current appropriations will not permit payment without great public inconvenience, which stays the judgment until the Legislature’s next regular session adjourns.

Does interest keep running while a judgment against the state is stayed?

Yes, at the rate set in section 45-103, computed from the date the court certified the judgment to the Director of Administrative Services.

How long can this stay last?

Until the adjournment of the next regular session of the Legislature after the stay is claimed or taken.

Does the claimant have to do anything to trigger the stay?

No. The stay operates once the Director or the relevant chief officer issues the certificate described in the section.

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: paying a judgment against nebraska statedirector administrative services judgment paymentstay of judgment against state nebraskainterest on judgment against statesection 25-21,211 meaning