§ 25-2204.Clerks of courts; writs and orders; issuance; praecipes.
Article 22: Process, Court Records, and Ministerial Officers · Not amended since original codification · Last verified July 22, 2026
In one sentenceThis section assigns clerks the job of issuing every writ, order for a provisional remedy, and other process, requires a praecipe to be filed first as a direction to the clerk, and treats that praecipe as immaterial to the case file once the process has issued.
Full Text of § 25-2204
Text size
All writs and orders for provisional remedies and process of every kind, shall be issued by the clerks of the several courts. Before they shall be issued a praecipe
shall be filed with the clerk, demanding the same; which praecipe shall be for the direction of the clerk, and not material to the papers in the case after the issuing of such writ or process.
Under section 25-2204, the clerks of Nebraska’s several courts, not the judges, are the officers who issue writs and orders for provisional remedies and process of every kind. Before any of that can happen, someone has to file a praecipe — a written request demanding that the clerk issue the process. The praecipe exists for the clerk’s direction: it tells the clerk exactly what to issue.
Once the writ or process has issued, the praecipe drops out of significance. The statute is explicit that the praecipe is “not material to the papers in the case” after issuance, so it functions as a working instruction to the clerk rather than a substantive part of the case record going forward.
Frequently Asked Questions
What is a praecipe?
A written request filed with the clerk, demanding that a particular writ, order, or process be issued. It directs the clerk on what to issue.
Who issues writs and orders for provisional remedies in Nebraska?
The clerk of the court, not the judge.
Do I need to file a praecipe before a writ or process can issue?
Yes. Section 25-2204 requires a praecipe to be filed before the clerk issues the writ, order, or process.
Does the praecipe remain part of the case record after the writ issues?
No. The statute treats it as immaterial to the papers in the case once the writ or process has issued.
Does this requirement apply to process of every kind?
Yes. The section covers “all writs and orders for provisional remedies and process of every kind.”
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:praecipe nebraska civil procedureclerk issues writs and processrequesting a writ from the clerkpraecipe filing requirement nebraskaissuance of process nebraska