It shall be the duty of the clerk of the court to demand the payment of all fees in advance in civil cases. He or she shall be charged with all fees earned by the court and shall be required to account for the same. Upon written application by and such evidence as the court may require from an indigent person, the clerk of the court may be directed, by a judge of the court by a written order, to file all necessary pleadings and to issue necessary process thereon to meet the requirements of justice, in which case no fees shall be charged and collected by the clerk of the court from such person except upon final order or judgment in the action, and in that case the clerk shall not be charged with the fees in the case and required to account for the same unless the same are collected by him or her.
§ 25-2711.Clerk; liable for fees; accounting; indigent person; waiver of fees, when.
Article 27: County Court Rules of Procedure and Probate Practice · Last amended 1988 · Last verified July 22, 2026
In one sentenceThis section requires the clerk of the county court to demand civil filing fees in advance and account for them, but lets the court excuse an indigent applicant from paying until final judgment on written application and supporting evidence, holding the clerk accountable only for fees the clerk collects.
Full Text of § 25-2711
Source
Laws 1972, LB 1032, § 31; Laws 1988, LB 370, § 2; R.S.Supp.,1988, § 24-531.
Cross References
Unclaimed witness fees, disposition, see sections 33-140 to 33-140.03.
Plain-English Summary
Section 25-2711 puts the county court clerk in charge of collecting fees up front. The clerk must demand payment of all fees in advance in civil cases, and is charged with every fee the court earns, required to account for all of it.
The section then carves out relief for people who cannot pay. Upon a written application, and whatever evidence the court requires, a judge may order the clerk, in writing, to file the necessary pleadings and issue the necessary process for an indigent person, without charging or collecting fees at that point. Fees become due only upon a final order or judgment in the action, and until then, the clerk is not charged with those fees or required to account for them — unless the clerk collects them later.
A related statute addresses the disposition of unclaimed witness fees, found at sections 33-140 to 33-140.03.
Frequently Asked Questions
Does the clerk have to collect fees before filing a civil case?
Yes, in general. The clerk is required to demand payment of all fees in advance in civil cases.
What if a person cannot afford to pay county court filing fees?
The person may apply in writing, supported by whatever evidence the court requires, for an order directing the clerk to file pleadings and issue process without charging fees at that time.
What does the judge’s order for an indigent applicant direct?
It directs the clerk to file the necessary pleadings and issue the necessary process to meet the requirements of justice, without collecting fees until a final order or judgment.
Is the clerk responsible for tracking fees that haven’t been collected from an indigent litigant?
No. The clerk is not charged with those fees or required to account for them unless they are later collected.
Is there a related statute on unclaimed witness fees?
Yes. Sections 33-140 to 33-140.03 address the disposition of unclaimed witness fees.
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: indigent fee waiver county court nebraskaclerk duty to collect fees in advancepoverty application county court feeswaiving filing fees in nebraska county courtclerk accounting for court fees