Article 2: Limitation of Actions · Last amended 1997 · Last verified July 22, 2026
In one sentenceThis section lets any party move to have a statute-of-limitations defense tried and decided separately before the rest of the case, sends factual limitations disputes to a jury unless waived, keeps legal disputes for the court, and dismisses the case outright if the defense succeeds.
Full Text of § 25-221
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In any action in which it is claimed by one or more of the defendants that the action is barred by the statute of limitations any party may move that the issue raised by the statute of limitations be tried separately and determined before any other issues in the case. Issues of fact raised by the statute of limitations shall be tried before a jury unless trial by jury is waived by all parties. Issues of law raised by the statute of limitations shall be determined by the court without a jury. If the issue raised by the statute of limitations is determined by the jury or the court in favor of the plaintiff the remaining issues shall then be tried. If the issue raised by the statute of limitations is determined by the jury or the court in favor of the
defendant the action or actions barred by the statute of limitations shall be dismissed.
Source
Laws 1971, LB 430, § 1; Laws 1997, LB 165, § 1.
Plain-English Summary
When a defendant argues that the statute of limitations bars the case entirely, resolving that argument first can save everyone the time and expense of litigating the merits. Section 25-221 lets any party move to have the limitations issue tried separately and determined before any other issue in the case.
The section splits the analysis by the type of question at stake. Factual disputes about the limitations defense — when the cause of action accrued, whether a tolling provision applies, and similar questions — go to a jury, unless every party waives that right. Legal questions about how the statute of limitations applies get decided by the court alone, without a jury.
The outcome of that separate trial controls what happens next. If the jury or the court rules in the plaintiff’s favor on the limitations issue, the case proceeds and the remaining issues get tried. If the ruling favors the defendant, the action — or the specific claims the limitations defense reaches — gets dismissed.
Frequently Asked Questions
Can the statute of limitations defense be tried separately from the rest of my case?
Yes. Section 25-221 lets any party move to have that issue tried and determined before any other issue in the case.
Who decides factual questions about when my claim accrued — a judge or a jury?
A jury decides factual issues raised by a statute-of-limitations defense, unless all parties waive the right to a jury trial on that issue.
Who decides legal questions about the statute of limitations?
The court decides legal issues raised by a statute-of-limitations defense, without a jury.
What happens if the jury or court sides with the defendant on the limitations issue?
The action, or the claims the defense covers, gets dismissed as barred by the statute of limitations.
What happens if the jury or court sides with me as the plaintiff?
The case moves forward, and the remaining issues get tried after the limitations issue is resolved in the plaintiff’s favor.
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
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