§ 25-2221.Time; how computed; offices may be closed, when; federal holiday schedule observed; exceptions.
Article 22: Process, Court Records, and Ministerial Officers · Last amended 2022 · Last verified July 22, 2026
Full Text of § 25-2221
Source
R.S.1867, Code § 895, p. 549; R.S.1913, § 8570; C.S.1922, § 9521; C.S.1929, § 20-2222; R.S.1943, § 25-2221; Laws 1959, c. 108, § 1, p. 437; Laws 1967, c. 151, § 1, p. 448; Laws 1969, c. 844, § 1, p. 3179; Laws 1973, LB 34, § 1; Laws 1975, LB 218, § 1; Laws 1978, LB 855, § 1; Laws 1988, LB 821, § 1; Laws 1988, LB 909, § 1; Laws 2002, LB 876, § 55; Laws 2003, LB 760, § 6; Laws 2011, LB669, § 17; Laws 2020, LB848, § 2; Laws 2022, LB29, § 1.
Plain-English Summary
Section 25-2221 supplies the counting method that every other deadline in the Code depends on, unless some other provision more specifically addresses the timing question. The rule itself works mechanically once learned: exclude the day of the act, event, or default that starts the period running, then count forward. The last day of that period counts too, unless it is a Saturday, a Sunday, or a day the offices of courts of record may be legally closed — in which case the period instead runs until the end of the next day the office is open.
The section then defines which days courts may close. Saturdays and Sundays qualify automatically. So does any day a specifically designated court is closed by order of the Chief Justice of the Supreme Court — meaning one court can close for a day without every other Nebraska court closing along with it. Beyond those, the statute lists named holidays as nonjudicial days: New Year’s Day, the Birthday of Martin Luther King Jr., President’s Day, Arbor Day, Memorial Day, Juneteenth National Independence Day, Independence Day, Labor Day, Indigenous Peoples’ Day and Columbus Day, Veterans Day, Thanksgiving Day, the day after Thanksgiving, Christmas Day, and any day declared a holiday by law or by proclamation of the Governor.
Two shifting rules keep a holiday from disappearing into a weekend. If a listed holiday falls on a Sunday, the following Monday becomes the holiday. If it falls on a Saturday, the preceding Friday becomes the holiday. Court services otherwise remain available on every day the statute does not designate as nonjudicial.
One more reconciliation rule closes out the section: if the date Nebraska has chosen to observe a holiday differs from the date the federal government observes the same holiday, the federal holiday schedule controls — except for Veterans Day, which keeps its own date regardless of the federal calendar. Anyone calculating a deadline that depends on whether a particular day counts as a court holiday needs to check that federal alignment before assuming the state’s usual date applies.
Frequently Asked Questions
How do I count a deadline under Nebraska’s Code of Civil Procedure?
Exclude the day of the triggering act, event, or default, then count forward. The last day of the period counts too, unless it falls on a day the courts may legally close.
What happens if a deadline’s last day lands on a Saturday, Sunday, or holiday?
The period runs instead until the end of the next day the court’s office is open.
Which holidays count as nonjudicial days under this section?
New Year’s Day, the Birthday of Martin Luther King Jr., President’s Day, Arbor Day, Memorial Day, Juneteenth National Independence Day, Independence Day, Labor Day, Indigenous Peoples’ Day and Columbus Day, Veterans Day, Thanksgiving Day, the day after Thanksgiving, Christmas Day, and any day declared a holiday by law or gubernatorial proclamation.
What happens when one of these holidays falls on a weekend?
If it falls on a Sunday, the following Monday becomes the holiday. If it falls on a Saturday, the preceding Friday becomes the holiday.
Can a single court close for a day without every Nebraska court closing?
Yes. The Chief Justice of the Supreme Court may order a specifically designated court closed on a given day.
What if Nebraska’s date for observing a holiday differs from the federal government’s date?
The federal holiday schedule controls, except for Veterans Day, which is observed on its own date regardless of the federal calendar.
Does this section override a more specific deadline rule found elsewhere?
No. It applies “except as may be otherwise more specifically provided,” so a rule or statute that sets its own, different counting method controls over this default.