Article 21: Special Proceedings and Actions · Last amended 1935 · Last verified July 22, 2026
In one sentenceThis section allows a change of venue from the district court where a state case is filed, the same as in other civil cases, and charges the trial expenses that would have fallen on the originating county to that same county even after the case moves.
Full Text of § 25-21,215
Text size
Change of venue may be taken from the district court of the county in which the action is brought, as in other civil cases; and in every such case, all expenses of such trial which would be chargeable to the county in which the suit originated, had the cause been tried therein, as determined by the district judge of the county
to which said cause has been transferred, shall be a charge upon the county in which the suit was commenced.
Section 25-21,215 addresses what happens to trial costs when a case moves counties. A change of venue may be taken from the district court of the county where the action is brought, the same as in any other civil case — this framework does not restrict that ordinary right.
But moving the case does not move the bill. Every expense of trial that would have been chargeable to the county where the suit originated, had the case been tried there, remains a charge on that originating county, even after the case is heard somewhere else. The district judge of the county to which the case has been transferred determines the amount of those expenses.
Frequently Asked Questions
Can a case against the state have its venue changed to a different county?
Yes, the same as in other civil cases.
Who pays the trial expenses after a change of venue?
The county where the suit originated remains responsible for the expenses it would have owed had the trial happened there.
Who decides the amount of those expenses?
The district judge of the county to which the case was transferred.
Does moving the case shift the financial burden to the new county?
No. The expenses stay a charge on the county where the suit was commenced.
Does this rule apply only to cases against the state?
The section addresses venue changes within this framework for actions against the state; its cost-allocation rule is stated for the county where the suit was brought under this framework.
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:change of venue state lawsuit nebraskatrial expenses originating county nebraskavenue transfer cost allocationsection 25-21,215 meaningmoving a state case to another county