If a case ever arise in which an action for the enforcement or protection of a right, or the redress or prevention of a wrong, cannot be had under this code, the practice heretofore in use may be adopted so far as may be necessary to prevent a failure of justice.
§ 25-2224.Cases not provided for in this code; procedure.
Article 22: Process, Court Records, and Ministerial Officers · Not amended since original codification · Last verified July 22, 2026
In one sentenceA catch-all gap-filler letting Nebraska courts fall back on pre-code practice whenever a case seeks to enforce a right or redress a wrong that the Code of Civil Procedure does not address, so the absence of a rule never blocks justice.
Full Text of § 25-2224
Source
R.S.1867, Code § 901, p. 550; R.S.1913, § 2573; C.S.1922, § 9524; C.S.1929, § 20-2225; R.S.1943, § 25-2224.
Plain-English Summary
No code anticipates every dispute. Section 25-2224 handles the cases the Nebraska Code of Civil Procedure missed. If a case arises calling for a right to be enforced or protected, or a wrong redressed or prevented, and the code supplies no path to do it, courts may reach back to the practice that existed before the code took effect.
The section limits that reach-back to what prevents a failure of justice — not an invitation to relitigate settled procedure whenever a lawyer prefers an older method. Courts turn to this section only when the code truly leaves a gap, not when it merely gives an answer a party dislikes.
Frequently Asked Questions
What happens when the civil procedure code does not cover my situation?
A court may adopt the practice used before the code took effect, so far as necessary to prevent a failure of justice.
Does this let a party choose old procedure over the code whenever it is convenient?
No. It applies only when the code is truly silent on a point, not when a party would prefer a different, older method the code has already replaced.
What does “the practice heretofore in use” mean?
The procedures Nebraska courts followed before this code was adopted.
Is this section invoked often?
Rarely — courts reach for it only when the code leaves a genuine procedural gap, not for routine questions the code already answers.
How does this section relate to the rule for special statutory proceedings?
Section 25-2225 handles a related gap — what happens when a separate statute creates an action but leaves its procedure incomplete — while this section covers gaps in the code itself.
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: nebraska code gap fillingprocedure not covered by codeprior practice adopted nebraskafailure of justice preventionno rule on point nebraska civil procedure