§ 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
Full Text of § 25-21,211
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.