Appeals from the several district courts to the Court of Appeals or to the Supreme Court in cases concerning constitutional issues, as in other civil cases, may be taken by either party within the same limitations of time as in other civil actions. No appeal or supersedeas bond shall be required of the state, and the filing of notice signed by the Governor, chief officer of the proper department, Attorney General, or counsel for the state of intention to take such proceedings shall operate as a supersedeas of such judgment until the time that final judgment in the Court of Appeals or Supreme Court is rendered in the cause, but the same shall not so operate longer than six months unless proceedings in error or appeal are taken, and in case of the affirmance of such judgment or failure on the part of the state to take proceedings in error or appeal, after notice thereof, interest shall run and be computed on such judgment from its date.
§ 25-21,213.Appeals; procedure; notice of appeal by state; effect.
Article 21: Special Proceedings and Actions · Last amended 1991 · Last verified July 22, 2026
In one sentenceThis section lets either side appeal a case involving the state within the ordinary time limits, excuses the state from posting an appeal bond, and instead lets a signed notice of intent to appeal act as a supersedeas for up to six months.
Full Text of § 25-21,213
Source
Laws 1877, § 14, p. 23; R.S.1913, § 1190; C.S.1922, § 1112; C.S.1929, § 27-331; R.S.1943, § 24-331; R.S.1943, (1985), § 24-331; Laws 1991, LB 732, § 68.
Plain-English Summary
Section 25-21,213 governs appeals in this framework. Either party may appeal from the district court to the Court of Appeals, or to the Supreme Court in cases involving constitutional issues, within the same time limits that apply to other civil actions — the state gets no extra time, and neither does the party opposing it.
What the state does not have to do is post a bond. No appeal or supersedeas bond is required of the state; instead, a notice signed by the Governor, the chief officer of the relevant department, the Attorney General, or counsel for the state, stating an intention to appeal, operates as a supersedeas of the judgment. That supersedeas holds the judgment in place until the Court of Appeals or Supreme Court renders final judgment in the case, but it cannot run longer than six months unless the state pursues proceedings in error or an appeal. If the judgment is affirmed, or the state fails to pursue the appeal after giving that notice, interest resumes running and is computed on the judgment from its original date.
Frequently Asked Questions
Does the state have to post an appeal bond like a private litigant?
No. Section 25-21,213 excuses the state from posting an appeal or supersedeas bond.
What takes the place of a bond when the state wants to appeal?
A notice signed by the Governor, the chief officer of the relevant department, the Attorney General, or counsel for the state, stating an intention to appeal, which operates as a supersedeas of the judgment.
How long does that supersedeas last?
Until final judgment is rendered in the Court of Appeals or Supreme Court, but not longer than six months unless the state takes proceedings in error or an appeal.
Does interest keep accruing during the appeal?
If the judgment is affirmed, or the state fails to pursue the appeal after giving notice, interest runs and is computed on the judgment from its original date.
Are the deadlines for appealing a state case different from other civil cases?
No. Appeals may be taken within the same time limitations that apply to other civil actions.
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: appeal bond exemption nebraska statesupersedeas notice state appeal nebraskasix month stay state appealinterest during state appeal nebraskasection 25-21,213 meaning