Where, by general or special statute, a civil action, legal or equitable, is given and the mode of proceeding therein is prescribed, this code shall not affect the proceedings under such statute, until the Legislature shall otherwise provide; but in all such cases, as far as it may be consistent with the statute giving such action, and practicable under this code, the proceedings shall be conducted in conformity thereto. Where the statute designates by name or otherwise the kind of action, but does not prescribe the mode of proceedings therein, such action shall be commenced and prosecuted in conformity to this code; where the statute gives an action, but does not designate the kind of action, or prescribe the mode of proceeding therein, such action shall be held to be the civil action of this code and proceeded in accordingly.
§ 25-2225.Special statutory proceedings; procedure; how affected by this code.
Article 22: Process, Court Records, and Ministerial Officers · Last amended 1867 · Last verified July 22, 2026
In one sentenceExplains how the Code of Civil Procedure interacts with other Nebraska statutes that create their own civil actions — leaving statute-specific procedures intact until the Legislature says otherwise, while directing courts to the code’s civil action framework whenever a statute grants a right but leaves the procedure unwritten.
Full Text of § 25-2225
Source
R.S.1867, Code § 903, p. 550; Laws 1867, § 1, p. 71; R.S.1913, § 8574; C.S.1922, § 9525; C.S.1929, § 20-2226; R.S.1943, § 25-2225.
Plain-English Summary
Section 25-2225 sorts out a layering problem: what happens when some other Nebraska statute, outside this code, creates a civil action and spells out its own way of proceeding? The code does not swallow that statute. Until the Legislature says otherwise, the special statute’s own procedure controls, though courts should still conduct the case in conformity with the code wherever that is consistent with the statute and practicable.
Two narrower situations get separate treatment. If a statute names or describes a kind of action but never says how to prosecute it, that action follows the code’s ordinary procedure. And if a statute grants an action without naming its kind or prescribing any procedure at all, the section treats it as an ordinary civil action under the code, prosecuted the same way as any other.
Frequently Asked Questions
If another Nebraska statute creates its own lawsuit procedure, does the civil procedure code override it?
No. The special statute’s procedure controls until the Legislature changes it, though the code fills in wherever consistent with the statute and practicable.
What if a statute names a type of action but does not say how to bring it?
That action is commenced and prosecuted under the code’s ordinary civil action procedure.
What if a statute grants a right to sue but names no kind of action and no procedure?
It is treated as an ordinary civil action under the code and proceeded with accordingly.
Who can change this arrangement between statute and code?
Only the Legislature, and only by acting to say the code should affect proceedings under a particular statute.
Does a court have any discretion to blend statutory and code procedure?
Yes. The section directs conformity to the code so far as consistent with the special statute and practicable under the code.
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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