§ 25-2618.01.Small Claims Court; jurisdiction; when; transfer limited; appeal.
Article 26: Uniform Arbitration Act · Last amended 1997 · Last verified July 22, 2026
Full Text of § 25-2618.01
Source
Laws 1997, LB 151, § 8.
Plain-English Summary
Section 25-2618.01 carves out a small-dollar exception to ordinary arbitration practice. When a controversy otherwise covered by a valid arbitration agreement falls within the jurisdictional amount of the Small Claims Court under section 25-2802, a party may bypass arbitration altogether and submit the controversy to Small Claims Court for resolution under sections 25-2801 to 25-2807. Once a case goes to Small Claims Court this way, it stays there — the statute blocks any transfer of the controversy to the regular docket of the county court under section 25-2805, which otherwise lets a defendant remove a small claims case to the regular docket.
Appeals from a case submitted this way face the same narrow gauntlet that would apply to vacating an arbitration award, adapted to a small-claims judgment. The judgment stands affirmed unless it was procured by corruption, fraud, or other undue means; the judge was evidently partial, corrupt, or engaged in misconduct that prejudiced a party; the judge exceeded his or her powers; the judge unfairly conducted the trial — contrary to section 25-2606 — in a way that substantially prejudiced a party; there was no arbitration agreement, that issue was not already resolved against the challenger under section 25-2603, and the party did not participate in the Small Claims Court hearing without objecting; or the judge was disqualified and, on a timely demand, failed to step aside as the law requires. This mirrors the vacatur standard in section 25-2613 almost point for point, just substituting the judge’s conduct for the arbitrators’.
Frequently Asked Questions
Can I take a small dispute to Small Claims Court even though my contract has an arbitration clause?
Can the other side move my small claims arbitration case to the regular county court docket?
No. Section 25-2618.01(b) specifically bars transferring a controversy submitted this way to the regular docket of the county court under section 25-2805.
What grounds can I raise on appeal from a small claims judgment reached this way?
The same narrow grounds that apply to vacating an arbitration award: corruption or fraud in procuring the judgment, an evidently partial or corrupt judge, a judge who exceeded his or her powers, an unfairly conducted trial, no valid arbitration agreement, or a disqualified judge who failed to step aside.
Can I appeal a small claims judgment just because I disagree with the outcome?
No. The judgment is affirmed unless one of the specific listed grounds is shown — general disagreement with the result is not one of them.
Why would a party choose Small Claims Court over arbitration for an eligible dispute?
Small Claims Court offers a faster, less formal, self-represented-friendly forum for disputes within its dollar limit, and this section preserves that option even when an arbitration agreement would otherwise apply.