§ 25-2720.01.Power to set aside, vacate, or modify judgments or orders.
Article 27: County Court Rules of Procedure and Probate Practice · Last amended 2010 · Last verified July 22, 2026
Full Text of § 25-2720.01
Source
Laws 1998, LB 234, § 10; Laws 2006, LB 1115, § 18; Laws 2010, LB712, § 4.
Plain-English Summary
Every court needs some way to fix its own mistakes after the fact, and this section supplies that power for the county court. It covers the county court broadly — including the Small Claims Court and the county court when it sits as a juvenile court — and grants two related powers: the power to set aside a default judgment, and the power to vacate or modify the court’s own judgments or orders more generally.
What sets this section apart from an inherent power every court holds during its own term is the timing: the county court may exercise this power during or after the term at which the judgment or order was made. A judgment that has already become final in the ordinary sense is not beyond the court’s reach.
The section ties the mechanics of this power to district court practice, directing that it operate in the same manner as provided for actions filed in the district court. Section 25-2001 gives the district court its own power to vacate or modify judgments after term, built around a general six-month motion and, for certain enumerated grounds, a separate complaint-and-summons proceeding with its own longer limitations period. Because section 25-2720.01 borrows the district court’s manner of proceeding rather than restating it, a party bringing a post-term motion or complaint in county court should expect the same structure — but should confirm the specific deadlines and procedural steps against section 25-2001 and the sections following it rather than assume every detail transfers without change.
Frequently Asked Questions
Which county court proceedings does this power reach?
The section applies to the county court generally, and specifically names the Small Claims Court and the county court sitting as a juvenile court as included within that power.
Can the county court vacate a judgment after the term in which it was entered has ended?
Yes. The section grants the power to vacate or modify judgments or orders during or after the term at which they were made.
What procedure does the county court follow when exercising this power?
The section directs that this power be exercised in the same manner as provided for actions filed in the district court, tying county court practice to the district court’s procedure rather than setting out a separate one.
Is this the same as section 25-2001, which covers district court judgments?
It serves the same function for county court judgments that section 25-2001 serves for district court judgments, and it expressly borrows the district court’s manner of proceeding — but a party should check the specific procedural steps in section 25-2001 and the sections following it rather than assume every mechanic carries over unchanged.
Can a default judgment specifically be set aside under this section?
Yes. The county court has the power to set aside default judgments, in addition to its broader power to vacate or modify its own judgments or orders.
Does this section apply to small claims judgments?
Yes, the Small Claims Court is specifically included within the county court’s power under this section.