The parties to a civil action may, as part of a settlement of the action, agree to the payment of costs of the action.
§ 25-2240.Civil action; settlement; payment of costs.
Article 22: Process, Court Records, and Ministerial Officers · Last amended 2009 · Last verified July 22, 2026
In one sentenceConfirms that parties settling a Nebraska civil action may agree, as part of that settlement, on how the costs of the action get paid.
Full Text of § 25-2240
Source
Laws 2009, LB35, § 12.
Plain-English Summary
Section 25-2240 removes any doubt about whether settling parties can address costs on their own terms. The parties to a civil action may agree, as part of settling the case, to the payment of costs of the action — letting a settlement resolve not just the underlying dispute but who bears the filing fees, service costs, and other expenses that piled up along the way.
Without this kind of agreement, cost allocation would otherwise follow whatever default rule the applicable statute or court order sets. This section confirms the parties can bargain around that default as part of their own settlement.
Frequently Asked Questions
Can parties decide who pays court costs when they settle a case?
Yes, they may agree to the payment of costs as part of the settlement.
Does a settlement have to address costs at all?
No. The section permits an agreement on costs; it does not require settling parties to address the topic.
What costs does this section cover?
The costs of the action generally — the section does not itemize particular expenses.
Does this override a court’s authority to tax costs absent an agreement?
The section addresses party agreement within a settlement; it does not speak to cases where no such agreement exists.
Is addressing costs a common feature of settlement agreements?
Settlement agreements often address costs, and this section confirms that Nebraska parties may include such terms.
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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