§ 25-21,229.Forcible entry and detainer; exceptions.
Article 21: Special Proceedings and Actions · Last amended 1972 · Last verified July 22, 2026
Full Text of § 25-21,229
Source
Laws 1929, c. 82, § 128, p. 311; C.S.1929, § 22-1212; R.S.1943, § 26-1,129; Laws 1972, LB 1032, § 79; R.S.1943, (1985), § 24-579.
Plain-English Summary
Section 25-21,229 preserves a party’s ability to object during an eviction case. Either party can take exceptions to the judge’s opinion on questions of law and evidence, whether the trial was held before a jury or before the court sitting alone.
Taking an exception at the right moment matters, because it puts a disputed legal or evidentiary ruling on the record for later review, including on the appeal that section 25-21,233 makes available to a losing party. Without a preserved exception, a party may find it harder to challenge a ruling once the case moves beyond the trial itself.
Frequently Asked Questions
What kinds of rulings can a party except to in an eviction case?
The judge’s opinion on questions of law and questions of evidence.
Does it matter whether the case was tried to a jury or to the court alone?
No. Section 25-21,229 applies to exceptions in either type of trial.
Who can take these exceptions?
Either party — landlord or tenant, plaintiff or defendant.
Why does preserving an exception matter?
It keeps a disputed ruling on the record so it can be raised on appeal under section 25-21,233, rather than being lost once trial ends.
Is this different from ordinary civil exception practice in Nebraska?
Section 25-21,229 states the same basic right to except that applies in civil actions generally, applied here to forcible entry and detainer cases.