§ 25-2706.County court; certify proceedings to district court; when; avoidance of county court jurisdiction; recovery of costs prohibited.
Article 27: County Court Rules of Procedure and Probate Practice · Last amended 2018 · Last verified July 22, 2026
In one sentenceThis section requires a county court to certify a case to district court when the amount in controversy exceeds the jurisdictional limit and a party requests transfer, or when the relief sought belongs exclusively to district court, and bars a party who manufactured that transfer from recovering costs.
Full Text of § 25-2706
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The county court shall certify proceedings to the district court of the county in which an action is pending (1) when the pleadings or discovery proceedings indicate that the amount in controversy is greater than the jurisdictional amount in subdivision (5) of section 24-517 and a party to the action requests the transfer or (2) when the relief requested is exclusively within the jurisdiction of the district court. The county court shall file a certification of the case file and costs with the
district court within ten days after entry of the transfer order. The action shall then be tried and determined by the district court as if the proceedings were originally brought in such district court, except that no new pleadings need be filed unless ordered by the district court.
If it is determined, upon adjudication, that the allegations of either party to such action are asserted with the intention solely of avoiding the jurisdiction of the county court, the offending party shall not recover any costs in the county court or the district court.
Section 25-2706 sends a case up to district court in two situations. The first: the pleadings or discovery show that the amount in controversy is greater than the jurisdictional amount set out in subdivision (5) of section 24-517, and a party asks for the transfer. The second: the relief a party requests belongs exclusively to the district court’s jurisdiction, regardless of the amount involved.
Once certification is triggered, the county court has ten days from the transfer order to file a certification of the case file and costs with the district court. From there, the district court tries and decides the case as though it had been filed there from the start, without requiring new pleadings unless the district court orders them.
The section also guards against gaming the system. If it turns out, upon adjudication, that a party asserted the case’s allegations solely to dodge county court jurisdiction, that party may not recover any costs — not in the county court, and not in the district court.
Frequently Asked Questions
When must a county court certify a case to district court?
When the pleadings or discovery show the amount in controversy exceeds the jurisdictional amount in section 24-517(5) and a party requests transfer, or when the relief requested belongs exclusively to district court.
What happens to the case file once a case transfers?
The county court files a certification of the case file and costs with the district court within ten days after the transfer order.
Do the parties have to refile their pleadings once the case reaches district court?
No, unless the district court orders new pleadings. The case is tried and determined as if it had originally been brought there.
What if a party asserts claims just to avoid county court jurisdiction?
If adjudication shows the allegations were asserted solely to avoid county court jurisdiction, that party may not recover costs in either the county court or the district court.
Where is the county court’s jurisdictional dollar amount set?
Subdivision (5) of section 24-517.
Does the county court transfer a case on its own, or does a party have to ask?
For an excess amount in controversy, a party must request the transfer. For relief that is exclusively within district court jurisdiction, the section does not condition certification on a party’s request.
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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